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FINAL 2020 1110 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://cityofml.zoom.us/j/98987790629 Tuesday, November 10, 2020, 7 PM Regular Meeting Agenda Call to Order – 7 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Summary Reports: Mayor’s Report - Veterans Day Proclamation, addendum – pg 90 Additional Business City Manager’s Report - County Landfill Rate Increase -Homeless Sleeping Center -Grant County Health District 2021 Funding pg 4 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. Moses Lake Council Packet 11-10-20, Page 1 of 90 November 10, 2020, City Council Meeting Page 2 _____ 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 October 24 and 27, 2020 b.Claims and Payroll c.Surf ‘N Slide Water Park Pool Lining Contract Public Hearings - Citizens who would like to speak on this matter 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. #2 Motion x 2 #3 pg 57 Property Tax and Excess Levy Resolutions 3832 and 3833 Presented by Cindy Jensen, Finance Director Summary: Hear from public and consider adoption pg 63 2021 Budget Ordinance 2960 – First Presentation Presented by Cindy Jensen, Finance Director Summary: Hear from public and continue hearing Old Business – None Scheduled New Business #4 Motion #5 Motion #6 pg 68 Moses Lake Community Coalition Partnership Request Presented by Allison Williams, City Manager Summary: Council to review and consider approval pg 70 Annexation Moratorium Resolution 3834 Presented by Melissa Bethel, Community Development Director Summary: Council to review and consider adoption pg 74 3086 Westshore Drive Request to Connect Sewer (Casey) Motion Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and approve connection with an extra territorial agreement Moses Lake Council Packet 11-10-20, Page 2 of 90 November 10, 2020, City Council Meeting – Page 3 Administrative Reports - 3 rd Quarter Financial Report -Stratford and Valley Rd. Projects Council Communications and Reports Executive Session -Performance of a Public Employee and Litigation pursuant toRCW 42.30.110(1) subsections (g) and (i) Adjournment Zoom Meeting – Audio Only When: Nov 10, 2020 07:00 PM Pacific Time (US and Canada) Please click the link below to join the webinar: https://cityofml.zoom.us/j/98987790629 Or iPhone one-tap : US: +12532158782,,98987790629# or +16699009128,,98987790629# 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 +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 Webinar ID: 989 8779 0629 International numbers available: https://cityofml.zoom.us/u/adPWToQGC pg 79 Moses Lake Council Packet 11-10-20, Page 3 of 90 Moses Lake Council Packet 11-10-20, Page 4 of 90 MOSES LAKE CITY COUNCIL – SPECIAL MEETING Saturday, October 24, 2020 CALL TO ORDER A meeting of the Moses Lake City Council was called to order at 9:12 a.m. by Mayor Curnel via audio only remote 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. 2021 BUDGET STUDY SESSION A draft budget was distributed to staff and Council on Friday. City Manager Allison Williams provided an overview of the budget. Her goal is to have general fund revenues and expenses balance. Variables include one-time revenues from the REC settlement with Grant County, and sales tax on new facilities being constructed: hospital, temple, elementary school, and Love’s Travel Stop. Reserves were discussed. The Government and Finance Officers Association recommends allocating two months of operations in reserves. The new Finance Subcommittee will draft Finance Policies for the full Council to adopt in 2021. Finance Director Cindy Jensen advised that a super majority vote will be required to adopt a special resolution on November 10 to authorize an additional 1% property tax levy for 2021. Also of note, there will be a mandatory Federal Audit due to the revenue of Federal Grants exceeding $750k in 2020. Each Department Director reviewed the major changes summarized in the individual Fund Narratives for their department. Parks and Recreation Director Spencer Grigg, Finance Director Cindy Jensen, Building Official Kevin Myre, and Fleet Manager Steve Hibbs have plans to retire next year. Municipal Services Director Fred Snoderly announced that they have been approved to receive a loan from WA Department of Transportation Community Airport Revitalization Board to fund a new retail fuel tank at the airport. Council and staff discussed unfunded items, freezing non represented staff wages, providing an extra holiday for non-represented staff for observance of Martin Luther King, Jr. holiday, program changes for utility billing, consideration of a new Arts Fund, jail capacity issues, fire inspection rating, volunteer EMS Medical Director, potential of a new habitat trail, and an annexation analysis. Council requested a review of the final 2020 budget outcome in April 2021 to consider addition of unfunded items into the 2021 Budget. ADJOURNMENT The meeting adjourned at 2:44 p.m. Moses Lake Council Packet 11-10-20, Page 5 of 90 ______________________________________ David Curnel Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-10-20, Page 6 of 90 MOSES LAKE CITY COUNCIL October 27, 2020 STUDY SESSION Comprehensive Plan Update Berk Consulting Representative Erika Rhett provided a PowerPoint presentation providing a preliminary overview of the Housing Action Plan, which identified diversity of household types, annual income, housing inventory, anticipated growth through 2040, and homeless families with children. Ms. Rhett also provided considerations to remedy the current misalignment of household population to anticipated needs for housing units. The consultants will draft the Housing Needs Assessment, identify Land Use and Urban Growth Area alternatives in the overall Comprehensive Plan, and provide housing strategies and options. More updates will be scheduled. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:03 p.m. by Mayor Curnel via audio only remote 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 Mayor Curnel led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Hankins moved to approve the Agenda, second by Council Member Eck. The motion carried 7 – 0. SUMMARY REPORTS MAYOR’S REPORT Columbia Basin Development League (CBDL) Membership The CBDL staff advocate in Olympia and Washington DC to monitor legislative changes that impact the Columbia Basin Project as well as funding opportunities for infrastructure reinvestment. The information collected by staff was emailed to Council prior to the meeting which included a link to a short video to explain their purpose https://vimeo.com/241092377. Action taken: Mayor Council Member Hankins moved to authorize a 2021 Membership in the amount of $1k and to schedule a presentation at the second meeting in January, second by Council Member Riggs. The motion carried 7 – 0. Flag Raising Ceremony A ceremony will take place in Thorp, WA on Veteran’s Day at 11:11 a.m. to raise the largest American flag in the United States. Senator Warnick will provide the keynote address. Council interested in attending need to rsvp Mayor Curnel. Moses Lake Council Packet 11-10-20, Page 7 of 90 CITY MANAGER’S REPORT CARES Act: Small Business Grants and City Funding Update City Manager Allison Williams extended appreciation to the Chamber of Commerce and Downtown Association for coordinating distribution of $84,500 to 18 local business effected by the COVID-19 pandemic. An update of allocations of the City’s $1,089,900 in CARES Act Funding was also provided. Washington Cities Insurance Authority (WCIA) Annual Audit City Manager Allison Williams selected Homeless Programs for the annual topic of review. Staff met with WCIA Representative Lisa Knapton today and discussed proposed changes to contracts and regulations to reduce potential liabilities. The per incident deductibles and increased vehicle replacement values are being reviewed in consideration of lower premiums. CONSENT AGENDA #1 a. City Council meeting minutes dated October 13, 2020 <with scrivener’s update> b. Claim Checks 149696 through 149855 in the amount of $1,562,847.54; Payroll Checks 63549 through 63563 in the amount of $15,320.63; and Electronic Payments dated October 16, 2020 in the amount of $455,036.23. c. Set Date for Public Hearings – Property Tax and Budget d. Kaufmann Water Rights Purchase and Sale Agreement e. Grant County Sub-Recipient COVID Funding Contract Extension Action taken: Council Member Eck moved to approve the Consent Agenda, second by Council Member Riggs. The motion carried 7 – 0. OLD BUSINESS #2 a. MLMC 9.18 Anti-Camping Update Ordinance 2959 b. HopeSource Agreement on Sleeping Center Management c. Sleeping Center Administrative Policies Resolution 3830 The City has elected to operate its own homeless programs per Resolution 3764. Through that resolution, a new sleeping center has been established which gives the City capacity to enforce more stringent regulations regarding Anti-Camping. Staff presented a draft agreement for management of the sleeping center with HopeSource as well as policies governing the sleeping center to administer a successful program. Action taken: Deputy Mayor Jackson moved to adopt Ordinance 2959 as presented, second by Council Member Myers. The motion carried 7 – 0. Action taken: Council Member Hankins moved to adopt the HopeSource agreement as presented, second by Council Member Riggs. The motion carried 7 – 0. Moses Lake Council Packet 11-10-20, Page 8 of 90 Action taken: Council Member Eck moved to adopt Resolution 3830 as presented, second by Deputy Mayor Jackson. The motion carried 7 – 0. NEW BUSINESS #3 LTAC Annual Application Recommendations/2020 Tourism Presentation Communications and Marketing Specialist Lynne Lynch provided a PowerPoint presentation to illustrate statistics prior to the COVID-19 pandemic, how the new tourism webpage is communicating various phases of the reopening plan, and the promotion of Moses Lake being ‘Just a Gas Tank Away” theme. Finance Director Cindy Jensen calculated $245k available for grant distribution in 2021. The LTAC members met on October 19 to make their final recommendations of eight applications in the amount of $232k. Shawn Cardwell and Sean Sallis provided comments to Council. LTAC Chair/Council Member Eck noted that the committee had to make tough decisions to only fund events that have the highest attraction for heads in beds. Three of the 2020 allocations have been able to carry over the funding on deposits for headliners at their 2021 scheduled event. Action taken: Deputy Mayor Jackson moved to approve the recommended funds as listed and to request LTAC to review an allocation of the $13k to Columbia Basin Allied Arts, second by Council Member Eck. The motion carried 4 – 2 – 1, Council Members Myers and Liebrecht opposed, and Council Member Hankins abstained. #4 Marina View Planned Unit Residential Development (PURD) Ordinance 2958 Staff provided the Findings of Fact from Hearing Examiner Andy Kottkamp dated October 9, recommending the establishment of PURD No. 11 named Marina View Townhomes. A memo was displayed at the meeting with explanation of revisions to Council by Danielle Escamilla. Action taken: Council Member Riggs moved to adopt Ordinance 2958, second by Council Member Hankins. The motion carried 7 – 0. #5 Good Faith 4 All Annexation Request A ten percent Notice of Intent to Commence Annexation Proceedings was submitted on October 15 proposing annexation of approximately 60.70 acres of property located at 12115 NE Wheeler Rd. Kevin Richards provided comments to Council in regard to zone changes to the Comprehensive Plan currently pending review and update. Action taken: Council Member Riggs moved to approve the ten percent Intent to Commence Annexation Notice to accept the proposed boundary, located in an unincorporated area within the urban growth boundary, to require the adoption of the proposed zoning regulations as it is set forth in the Comprehensive Plan of the City as Industrial, and to require the assumption of existing indebtedness of the City by the area to be annexed. Second by Council Member Liebrecht, and the motion carried unanimously. Moses Lake Council Packet 11-10-20, Page 9 of 90 #6 Larson Rec Center Parking Quit Claim Deed Resolution 3831 Municipal Services Director Fred Snoderly explained that a lot line adjustment is needed to meet City regulations on parking lot spaces for the new facility. Action taken: Council Member Hankins moved to adopt Resolution 3831, second by Council Member Riggs. The motion carried 7 – 0. ADMINISTRATIVE REPORT Council Chambers and Auditorium A/V Upgrade Update Staff advised that the vendor is on schedule for completion. They anticipate to do their final programming and testing in time to go live with audio and visual in the Chambers for the November 10 Council Meeting. ADJOURNMENT The regular meeting was adjourned at 8:22 p.m. ______________________________________ David Curnel, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-10-20, Page 10 of 90 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: November 10, 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 149856 - 150010 $1,948,144.60 Payroll Checks 0063564 - 0063579 $15,620.80 Electronic Payments Payroll ACH –10/30/2020 $431,696.71 Summary RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City’s internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews its processes to ensure appropriate internal controls are in place. Moses Lake Council Packet 11-10-20, Page 11 of 90 Moses Lake Council Packet 11-10-20, Page 12 of 90 Moses Lake Council Packet 11-10-20, Page 13 of 90 Moses Lake Council Packet 11-10-20, Page 14 of 90 Moses Lake Council Packet 11-10-20, Page 15 of 90 Moses Lake Council Packet 11-10-20, Page 16 of 90 Moses Lake Council Packet 11-10-20, Page 17 of 90 Moses Lake Council Packet 11-10-20, Page 18 of 90 Moses Lake Council Packet 11-10-20, Page 19 of 90 Moses Lake Council Packet 11-10-20, Page 20 of 90 Moses Lake Council Packet 11-10-20, Page 21 of 90 Moses Lake Council Packet 11-10-20, Page 22 of 90 Moses Lake Council Packet 11-10-20, Page 23 of 90 Moses Lake Council Packet 11-10-20, Page 24 of 90 Moses Lake Council Packet 11-10-20, Page 25 of 90 Moses Lake Council Packet 11-10-20, Page 26 of 90 Moses Lake Council Packet 11-10-20, Page 27 of 90 Moses Lake Council Packet 11-10-20, Page 28 of 90 Moses Lake Council Packet 11-10-20, Page 29 of 90 Moses Lake Council Packet 11-10-20, Page 30 of 90 Moses Lake Council Packet 11-10-20, Page 31 of 90 Moses Lake Council Packet 11-10-20, Page 32 of 90 Moses Lake Council Packet 11-10-20, Page 33 of 90 Moses Lake Council Packet 11-10-20, Page 34 of 90 STAFF REPORT To: Allison Williams, City Manager From: Spencer Grigg, Parks & Recreation Director Date: November 4, 2020 Proceeding Type: Consent Agenda Subject: Surf ‘N Slide Water Park Pool Lining Contract Legislative History: • First Presentation: October 24, 2020 • Second Presentation: November 10, 2020 • Action: Motion Staff Report Summary As discussed at the annual budget retreat, Surf ‘n Slide Water Park is now 26 years old. Over many years the pool surface (horizontal and vertical) has been painted and repainted. The accumulation of paint layers is causing significant issues with paint peeling and flaking off. This creates a number of issues for patrons including lacerations and swimsuit damage from uncured paint or caulking. Additionally, our filtration system is adversely impacted by significant amounts of paint flakes that quickly stress it out based on the volume of debris being intercepted. Many older facilities are using membranes as a long-term repair to similar paint issues. The membrane/liner is significantly less expensive than sandblasting the surface down to the original concrete followed by a fresh application of paint. The membrane comes with a 10-year limited warranty as opposed to paint coming with a 1-year limited warranty. Fiscal and Policy Implications One-time prep/installation cost of $245,246.77. Options Option Results • Authorize City Manager to sign contract Pool membrane/liner would be installed prior to the 2021 pool season • Take no action. Peeling paint will continue to negatively impact daily operations and continue to cause lacerations to patrons. Filtration system would continue to struggle with operation of facility. Moses Lake Council Packet 11-10-20, Page 35 of 90 Staff Recommendation Staff recommends contracting with Aquatic Renovation Systems, Inc. to install a membrane/liner to Surf ‘n Slide Water Park swimming pool. Attachment A. Surf ‘n Slide Water Park Pool Membrane Contract Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Contract Surf ‘n Slide Water Park Pool Membrane Contract 11/03/2020 Moses Lake Council Packet 11-10-20, Page 36 of 90 CITY OF MOSES LAKE 401 S. Balsam St. Moses Lake, WA 98837 (509) 764-3701 City of Moses Lake Surf ‘n Slide Water Park Pool Membrane Installation Moses Lake Council Packet 11-10-20, Page 37 of 90 The following forms are to be executed contemporaneously: 1. Contract 2. Proof of Insurance Coverage - Provide one copy certifying insurance coverage in the amount specified, and with the following endorsement: “The City of Moses Lake is an Additional Insured as pertains to this project.” This will include Form B, Additional Insured - Owners, Lessees, or Contractors. 3. Indemnification Acknowledgment. 4. Power of Attorney for the person signing on behalf of your Bonding Company. 5. Contractor’s Declaration of Intent. 6. Contractor and sub-contractors must have a current City of Moses Lake Business License. In addition, the Contractor shall: 1. Submit construction schedule, prior to starting work, which will show completion of the project within the time specified. 2. Arrange for a pre-construction conference between the prime contractor, subcontractors, utilities, and the City of Moses Lake to be held prior to the start of construction. Moses Lake Council Packet 11-10-20, Page 38 of 90 INDEMNIFICATION ACKNOWLEDGMENT Project: Surf ‘n Slide Water Park Pool Membrane Installation The undersigned, by signing this acknowledgment, hereby declares under penalty of perjury under the laws of the State of Washington, that s/he read Exhibit A and hereby declares and agrees to be bound by the indemnification contained therein including the industrial insurance immunity waiver. The undersigned also agrees these provisions were mutually negotiated between the parties in the quote solicitation process in connection with the project for which the Contractor’s proposal was submitted. I am deemed to have below agreed to the provisions of this declaration. DATED this _____ day of ____________________, 2020. CONTRACTOR: Aquatic Renovation Systems, Inc., dba RenoSys _____________________________________________ By:__________________________________________ Moses Lake Council Packet 11-10-20, Page 39 of 90 CITY OF MOSES LAKE CONTRACT Project: Surf ‘n Slide Water Park Pool Membrane Installation 1. Parties and Date: This contract is entered into at Moses Lake, Washington, on _____________________, 2020, by and between the City of Moses Lake a municipal corporation, Aquatic Renovation Systems, Inc., an Indiana corporation registered to do business in the State of Washington, herein the Contractor: 2. Agreement: In consideration of the terms and conditions contained herein and those conditions, specifications, and terms attached and made a part of this agreement, the parties covenant and agree as follows: 2.1 The Contractor shall obtain all required permits and shall do all work and furnish all materials, tools, and equipment for the Project in accordance with and as described in the plans and specifications furnished by the City of Moses Lake. The Contractor shall perform any alterations in or additions to the work provided under this contract and every part thereof. 2.2 Work shall start on or after PERMITS ARE APPROVED and shall be completed by within one hundred twenty (120) days from the date the City issues the Notice to Proceed. 2.3 The City of Moses Lake shall pay the Contractor for the performance of this contract subject to any additions or deductions provided for herein, in a sum not to exceed Two Hundred Forty-Five Thousand, Two Hundred Forty-Six Dollars and 77/100 ($245,246.77), which includes all expenses for material, manpower, equipment, mobilization, sales tax and fees, etc. That amount does not include the costs of any required licenses or permits. Payment shall be made on the following schedule: 2.3.1 A payment of 10% of the total contract amount ($24,524.68) shall be paid to the Contractor by or before January 8, 2021. 2.3.2 A payment of 50% of the total contract amount ($122,623.39) shall be paid to the Contractor upon delivery of conforming materials to the worksite. 2.3.3 A payment of 35% of the total contract amount ($85,836.37) shall be paid to the Contractor upon substantial completion of the membrane installation. Substantial completion is defined as the time at which the work has progressed to the point where, in the opinion of the City, the work is sufficiently complete, in accordance with the Contract Documents, so that Moses Lake Council Packet 11-10-20, Page 40 of 90 the work can be utilized for the purposes for which it is intended. And only minor incidental work, replacement of temporary substitute facilities, or correction or repair remains for the completion of the total Contract. 2.3.4 A payment of 5% of the total contract amount ($12,262.33) shall be held as retainage and shall be released sixty (60) days after the Work is accepted by the City subject to and in accordance with the provisions of RCW 60.28.011. 2.4 The City of Moses Lake and Contractor recognize that time is of the essence of this contract and the city will suffer significant loss if the contract is not completed and the facilities are not fully usable for their intended purpose within the time specified in paragraph 2.2 above. Therefore, if the work is not completed within the time specified, the Contractor acknowledges that failure to complete the work within that time shall constitute a material breach under the contract entitling the City to terminate and reserving to City all rights to make any claim for actual damages as a result of such failure and termination. City and Contractor further acknowledge that even a minimal delay in the project completion can result in significant liability to City and hence any unapproved delay shall constitute a material breach entitling City to its available remedies at law. Upon termination for delay, the Contractor is not entitled to further payment until the work is finished. If the costs to the City in completing the work exceed the unpaid balance, the Contractor shall pay the difference to the City. 2.5 The City of Moses Lake and Contractor recognize that time is of the essence of this contract and the city will suffer financial loss if the work is not completed within the time specified in paragraph 2.3 above. They also recognize the inconvenience, expense and difficulties involved in a legal proceeding to prove the actual loss suffered by the City if the work is not completed within the time allowed in the Contract. Accordingly, the City and the Contractor agree that as liquidated damages for delay, and not as a penalty, the Contractor shall pay the City the sum of $250 per day for each working day this work remains uncompleted and after expiration of the specified time, as liquidated damages. Provided, however, that weather is a limiting factor with regard to starting and completing this project. Additionally, the required scope of work requires that the Notice to Proceed be received by the Contractor within a time-frame allowing a minimum 120 day window for project scheduling – the Contractor will not be responsible for damages due to delays caused by the City’s late or untimely authorization to proceed. Nor will the Contractor be expected to absorb delay damages resulting from city, state, or federally mandated quarantines caused by Covid-19 or other such health pandemic out-breaks. 2.6 The City of Moses Lake promises and agrees with the Contractor to employ and Moses Lake Council Packet 11-10-20, Page 41 of 90 does employ the Contractor to provide the materials and to do and cause to be done, work described above and to complete and finish the same according to the plans and specifications attached hereto as Exhibit I and the terms and conditions contained herein and contracts to pay for the same according to the specifications and the proposal attached hereto, at the time and in the manner and upon the conditions provided for in this contract. 2.7 The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does agree to the full performance of all the covenants contained herein upon the part of the Contractor. 2.8 It is further agreed that no liability shall attach to the City of Moses Lake by reason of entering into this contract, except as expressly provided herein. 2.9 The Contractor understands that this Project is subject to Washington state laws governing public works contracts and payment of prevailing wages and shall comply with any and all laws governing public works contracts and projects and payment of prevailing wages. It shall be Contractor’s sole responsibility to determine the prevailing wage amount for each employee and to ensure payment thereof. 3. Contractor’s Representations: In order to induce the City of Moses Lake to enter into this Contract, Contractor makes the following representations: 3.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Work. 3.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which were relied upon by the City in the preparation of the Drawings and Specifications. 3.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 3.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, exploration, tests, Moses Lake Council Packet 11-10-20, Page 42 of 90 reports, studies or similar information or data are or will be required by Contractor for such purposes. 3.4 Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 3.5 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 3.6 Contractor has given the City written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the City is acceptable to Contractor. 4. Miscellaneous provisions: 4.1 Contractor shall comply with all requirements contained in the attached Exhibits A-B regarding insurance, indemnification, and payment of prevailing wages. The provisions of Exhibits A-B are incorporated herein as though fully set forth, and are by this reference made a part hereof. 4.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 4.3 City and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, contracts, and obligations contained in the Contract Documents. 4.4 The Contractor warrants that the Work furnished shall be free from defects resulting from faulty workmanship, and further warrants that the Work complies with all specified performance criteria. The Contractor agrees to remedy all defects Moses Lake Council Packet 11-10-20, Page 43 of 90 appearing in the Work or developing in the materials supplied and the workmanship performed under this Contract during the warranty period, which shall be one year under the Base Bid after date of final acceptance of the Work by the City, and Contractor further agrees to indemnify and save the City harmless from any costs encountered in remedying such defects. A new warranty period equal to that stated in the above paragraph shall apply to parts supplied in replacement of defective parts or to parts renewed in pursuance of this warranty. The warranty period of the remaining parts shall be extended by a period equal to the period during which the Work is unfit for service as a result of a defect covered by this warranty. If Contractor refuses to fulfill Contractor’s obligation under this warranty, or fails to proceed with due diligence after being required to do so, the City may proceed to do the necessary work at the Contractor’s risk and expense. 4.5 It is further provided that no liability shall attach to the City by reason of entering into this contract except as expressly provided herein. 4.6 Before any work at the site is started, Contractor shall deliver to City with copies to the City Manager and each additional insured identified herein, certificates of insurance which Contractor is required to purchase and maintain in accordance with the Contract Documents. 4.7 The Contractor shall furnish payment and performance bond in an amount equal to the contract price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. The bond shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. The bond shall be in the form prescribed herein and be executed such sureties as are licensed to conduct business in the State of Washington, and are named in the current list of “companies Holding Certificates of authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring companies” as published in circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of authority to act. The surety company executing bonds shall have a Best’s Guide rating A-VII or better. Date on the bond must not be prior to the date of the Contract. If Contractor is Partnership, all partners shall execute the bond. If Contractor is a Limited Liability Company, all members shall execute the bond. ENCLOSED BOND FORM MUST BE USED. 4.8 The Contract is made with reference to and shall be construed in accordance with the laws of the State of Washington. If a dispute arises under this Contract, resort shall be to litigation and jurisdiction and venue shall be in the Superior Court of Moses Lake Council Packet 11-10-20, Page 44 of 90 Grant County, State of Washington. 5. Claims Procedure 5.1 If the parties fail to reach agreement on the terms of any Change Order for City- directed Work, or on the resolution of any request for an equitable adjustment in the Contract Sum or the Contract Time, Contractor’s only remedy shall be to file a Claim with City as provided in this Section. 5.2 Contractor shall file its Claim within the earlier of 30 days from City’s final offer or the date of Completion. Any Claim shall be personally delivered to the City and shall be deemed filed on the date it is personally delivered to the Owner at the following address: Allison Williams, City Manager 401 S. Balsam St. Moses Lake, WA 98837 5.3 The Claim shall be deemed to cover all changes in cost (including direct, indirect, impact, and consequential) and time to which Contractor may be entitled. It shall be fully substantiated and documented. At a minimum, the Claim shall contain the following information: a. A detailed factual statement of the Claim for additional compensation and time, if any, providing all necessary dates, locations, and items of Work affected by the Claim; b. The date on which facts arose that gave rise to the Claim; c. The name of each employee of City and Contractor knowledgeable about the Claim; d. The specific provisions of the Contract Documents which support the Claim; e. The identification of any documents and the substance of any oral communications that support the Claim; f. Copies of any identified documents, other than the Contract Documents, that support the Claim; g. If an adjustment in the Contract Time is sought: the specific days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time should be granted; h. If an adjustment in the Contract Sum is sought, the exact amount sought and Moses Lake Council Packet 11-10-20, Page 45 of 90 a breakdown of that amount into the categories set forth in, and in the required detail; and i. A statement certifying, under penalty of perjury, that the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of Contractor’s knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Sum or Contract Time for which Contractor believes the City is liable. 5.4 After Contractor has submitted a fully documented Claim that complies with all applicable provisions of this Contract, the City shall respond in writing to Contractor. 5.5 To assist in the review of Contractor’s Claim, the City may visit the Project site, or request additional information, in order to fully evaluate the issues raised by the Claim. Contractor shall proceed with performance of the Work pending final resolution of any Claim. The City’s written decision as set forth above shall be final and conclusive as to all matters set forth in the Claim. 5.6 Any Claim of the Contractor against the City for damages, additional compensation, or additional time, shall be conclusively deemed to have been waived by the Contractor unless timely made in accordance with the requirements of this Section. 6. Execution: Executed the day and year written above. City of Moses Lake ________________________________ Allison Williams, City Manager CONTRACTOR: ____________________________________ Aquatic Renovation Systems, Inc., dba RenoSys By:_________________________________ APPROVED AS TO FORM: ___________________________________ Katherine L. Kenison, City Attorney Moses Lake Council Packet 11-10-20, Page 46 of 90 CONTRACT BOND Bond to City of Moses Lake Aquatic Renovation Systems, Inc., dba RenoSys, as Principal, and ___________________________________________________, a corporation organized and existing under the laws of the State of _______________________________, as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporation, as surety, are jointly and severally held and firmly bound to the City of Moses Lake in the penal sum of Two Hundred Forty-Five Thousand, Two Hundred Forty-Six Dollars and 77/100 ($245,246.77) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators, or personal representative as the case may be. This obligation is entered in pursuant to the statutes of the State of Washington. The conditions of the obligations evidenced by this Contract Bond are: 1. THAT The City of Moses Lake on _________________, 202_, let to the principal a certain contract. That contract being entitled Surf ‘n Slide Water Park Pool Membrane Installation Project which contract is referred to herein and is made a part hereof as though attached hereto, and; 2. THAT The principal has accepted, or is about to accept, that contract, and undertake to perform the work provided for therein in the manner and within the time set forth. 3. THAT The principal shall faithfully perform all of the provisions of that contract in the manner and within the time set forth, or within such extensions of time as may be granted under that contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the principal or subcontractors with provisions and supplies for the carrying on of that work, and shall hold the City of Moses Lake harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the principal, or any subcontractor in the performance of that work, and shall indemnify and hold the City of Moses Lake harmless from any damage or expense by reason of failure of performance as specified in that contract. 4. THAT The Surety, for value received, herein stipulated and agrees that no change, extension of time, alteration or addition to the terms of the contract or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 5. THAT After the acceptance of this contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be one hundred percent Moses Lake Council Packet 11-10-20, Page 47 of 90 (100%) for the full contract amount, to insure against defects appearing or developing in the material or workmanship provided or performed under this contract within a period of one year after acceptance; notwithstanding the reduction of this bond, the principal and surety shall hold the City of Moses Lake harmless from all defects appearing or developing in the material or workmanship provided or performed under this contract within a period of one year after acceptance by the City of Moses Lake. If all obligations imposed pursuant to paragraphs 3, 4 and 5 above are satisfied to the satisfaction of the City of Moses Lake, then the obligations evidenced by this Contract Bond shall be void. If the performance of the principal and/or surety is otherwise, the obligation evidenced by this Contract Bond shall remain in full force and effect. 6. THAT nonpayment of the Bond premium will not invalidate this Bond nor shall the City be obligated for the payment thereof. The Surety hereby represents that it has received full payment for the Bond and that it waives any defense it may have related to nonpayment of the Bond premium. Executed on ___________________________, 202_. ____________________________________ Contractor ____________________________________ ____________________________________ Address ____________________________________ Surety ____________________________________ ____________________________________ Address Approved By: ____________________________________ ____________________________________ City Attorney Date NOTE: Date of bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall execute bond. If Contractor is a Limited Liability Company, all members shall execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business Moses Lake Council Packet 11-10-20, Page 48 of 90 in the state where the project is located. All bonds signed by an agent must be accompanied by a certified copy of the authority to act for the Surety at the time of the signing of this bond. The Surety agrees to be bound by the laws of the State of Washington and subject to the jurisdiction of the State of Washington. The Surety company executing this bond shall have a Best’s Guide rating A-VII or better. Moses Lake Council Packet 11-10-20, Page 49 of 90 CONTRACTOR’S DECLARATION OF INTENT City of Moses Lake Project: Surf ‘n Slide Water Park Pool Membrane Installation Contractor:_________________________________________ Pursuant to RCW 60.28.010, all contractors are required to exercise their option in writing, to have monies retained: (1) placed in an interest bearing account in a savings bank, or savings and loan; or (2) retained in a non-interest bearing fund by the City of Moses Lake; or (3) placed in escrow with a bank or trust company by the City of Moses Lake. The Contractor’s Declaration of Intent form shall be used to declare that intent and shall be completed, signed, and returned with the signed contracts. In the event that it is desired to place retained monies in escrow, it will be necessary that the contractor enter into an escrow agreement with the City of Moses Lake-named bank. That agreement shall be executed on forms furnished by the City of Moses Lake. The escrow agreement must be completed and approved prior to any monies being placed in escrow. _____ I do not require my retainage on the above contract to be placed in escrow and understand it will be held by the City of Moses Lake without interest. _____ I hereby REQUEST that retainage on the above contract be placed in escrow and have signed that agreement. _____ I hereby REQUEST that retainage on the above contract be placed in an interest bearing account and have signed that agreement below. ___________________________________ __________________________ Signature and Title Date INTEREST BEARING ACCOUNT AGREEMENT The Contractor authorizes the City of Moses Lake to place retainage in an interest bearing account and authorizes the designated agents of the City of Moses Lake to be able to make deposits to this account. The Contractor further authorizes the City of Moses Lake to be designated as a named party on the account. This account will be released to the Contractor after acceptance of this project as provided by law. ___________________________________ __________________________ Signature and Title Date Moses Lake Council Packet 11-10-20, Page 50 of 90 EXHIBIT A Indemnification / Hold Harmless The Contractor shall defend, indemnify and hold the Owner and its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Owner. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. A. Insurance Term The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein. B. No Limitation Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Owner’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance Contractors required insurance shall be of the types and coverage as stated below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion Moses Lake Council Packet 11-10-20, Page 51 of 90 for liability arising from explosion, collapse or underground property damage. The Owner shall be named as additional insureds under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Owner using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the Contractor’s Commercial General Liability and Automobile Liability insurance. The Owner shall be named as additional insureds on the Contractor’s Excess or Umbrella Liability insurance policy. The Excess or Umbrella insurance coverage will drop down when underlying policy aggregate limits are exhausted. D. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 3. Excess or Umbrella Liability insurance shall be written with limits of not less than $2,000,000 or other per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through the Contractor’s Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. E. Owner Full Availability of Contractor Limits If the Contractor maintains higher insurance limits than the minimums shown above, the Owner shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Owner evidences limits of liability lower than those maintained by the Contractor. Moses Lake Council Packet 11-10-20, Page 52 of 90 F. Other Insurance Provision The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of the Contractor’s insurance and shall not contribute with it. G. Contractor’s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences. H. Waiver of Subrogation The Contractor and the Owner waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. I. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII and licensed to do business in the state of Washington. J. Verification of Coverage Contractor shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the Owner a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Upon request by the Owner, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage. K. Subcontractors The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement CG 20 38 04 13. Moses Lake Council Packet 11-10-20, Page 53 of 90 L. Notice of Cancellation The Contractor shall provide the Owner and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice. M. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Owner may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner. The Contractor shall indicate any existing claims activity that would affect the aggregate limits. This shall include paid claims, reserve claims, and potential claims. N. Deductible Any insurance deductible shall be paid by the Contractor and shall not be greater than 10% of the total “Amount of Bid.” O. Property Insurance Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, subcontractors or others in the Work. Moses Lake Council Packet 11-10-20, Page 54 of 90 EXHIBIT B Contractor’s Agreement to Pay Prevailing Wage Rates In accordance with the laws of the State of Washington, Chapter 39.12 RCW, the hourly wage to be paid to laborers, workmen or mechanics upon all public works of this State and upon the Work contemplated in this Contract shall not be less than the prevailing rate of wage for an hour’s work in the same trade or occupation in the locality within the State where such labor and Work herein contemplated is to be performed. All laborers, workmen or mechanics shall be paid not less than the minimum hourly rate of wage as determined by the State Industrial Statistician which rates shall be incorporated into this Contract by reference; provided, however, nothing herein contained shall be construed to prohibit the Contractor, subcontractor or other person doing or contracting to do the whole or any part of the Work under this Contract from paying any such laborers, workers or mechanics wages in excess of the hourly minimum rate above specified. The Contractor, on or before the date of commencement of the Work, shall file a Statement of Intent to Pay Prevailing Wages with the Owner and with the Director of Labor and Industries certifying the rate of hourly wage, including fringe benefits, paid and to be paid each classification of laborers, workers, or mechanics employed upon the Work by the Contractor or subcontractor which shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. Wage rates so filed will be checked against prevailing wage rates determined by the Industrial Statistician of the Department of Labor and Industries. If the wage rates are correct, the Department will issue an acknowledgment of approval to the Contractor with a copy to the Owner. If any incorrect wage rates are included, the Contractor will be notified of the correct rates by the Department, and approval will be withheld until a correct statement is received. Forms for filing a Statement of Intent are available from the Supervisor of Industrial Relations, Department of Labor and Industries, General Administration Building, Olympia, Washington. Each request submitted by the Contractor for a progress payment on a Project estimate shall state that the prevailing wages have been paid in accordance with the prefiled Statement of Intent to pay prevailing wages on file with the Department of Labor and Industries and approved by the Department Certified wage affidavit listing all classifications and applicable wages paid will not be required for each progress estimate payment, other than the above statement. At the conclusion of the Project, the Contractor and its subcontractors shall submit affidavits of wages paid to the Industrial Relations Division, Department of Labor and Industries, General Administration Building, Olympia, Washington, 98504, for certification. Form “Affidavit of Wages paid on Public Works Contract” or a similarly constructed form shall be filed to secure the certification of the Director of the Department of Labor and Industries of the State of Washington. Moses Lake Council Packet 11-10-20, Page 55 of 90 Final payment on the contract will be withheld until the Owner has received certification by the Director that the prevailing wage requirements of the law have been satisfied. The prevailing rate of wages to be paid to all workers, laborers or mechanics employed in the performance of any part of this Contract shall be in accordance with the provisions of Chapter 39.12 RCW as amended. The rules and regulations of the State of Washington Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where this Contract will be performed as determined by the Industrial Statistician of the State of Washington Department of Labor and Industries are by reference made a part of this Contract as though fully set forth herein. In as much as the Contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates before submitting proposals based on these Contract Documents. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties of interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington, and his decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage data will be furnished by the Industrial Statistician upon request from the Industrial Relations Division, Department of Labor and Industries, Olympia, Washington, 98504. The Owner does not guarantee that labor can be procured for the minimum wages in the wage scale. The rates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. The Contractor shall ascertain the wages above the minimum set forth that the Contractor may have to pay. Prevailing wage data as of the date specified is included herein as Part 5 for the Contractor’s reference. Moses Lake Council Packet 11-10-20, Page 56 of 90 STAFF REPORT To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Date: November 6, 2020 Proceeding Type: Public Hearing Subject: 2021 Property Tax Levy Resolutions 3832 and 3833 Legislative History: • First Presentation: October 24, 2020 (Council Budget Retreat) • Second Presentation: November 10, 2020 • Requested Action: Motion Staff Report Summary Council has an opportunity to consider the estimated amount to be received by the City from taxes on assessed valuations for property located within the City of Moses Lake. Background State law under RCW 84.52.020 and 84.52.070 require the governing board of the City of Moses Lake to fix the estimated amount to be raised by taxation on assessed valuation on the property within the City of Moses Lake. Property taxes are a substantial revenue source for the City. The City is allowed to increase its levy by the lesser of one percent (1%) or the percentage increase in the implicit price deflator (IPD) index on its highest levy since 1985. The IPD for 2019-2020 is 0.602% which is below 1% and so will become the limit unless the Council declares a “substantial need” for the increase to go to the full 1%. Because the IPD is below 1%, the Council needs to pass 2 separate resolutions. One declares the substantial need to increase the levy by the full 1%, and the second declares the amount of the increase and sets the amount of the levy. The legislative body is required by RCW35A.33.135 to adopt a resolution establishing the amount to be raised by property taxes for the ensuing fiscal year. Fiscal and Policy Implications Fixing the amount that can be raised by taxation assures the city that they will collect on assessed values greater than in 2020 and allows the City to collect the maximum allowed under state statute in supporting the general fund. The property tax levy was $7,619,087 for 2020. The City could receive a maximum of additional $102,230 for 2021 based on the 1% of the highest regular tax levy, and an estimated increase of Moses Lake Council Packet 11-10-20, Page 57 of 90 $83,280 for new construction. The total levy being requested is $8,030,306 which is still slightly below the State constitutional limit. The calculation of the estimated levy is attached. The 2021 budget is conservatively estimated to be $7,349,000 to take into consideration the collection rate, i.e. the entire levy is not collected 100% in the year it is levied. The rate per thousand of assessed valuation is estimated to be $3.178 which is a decrease of about $0.11 from the 2020 rate of $3.2875. A household with an assessed valuation of $190,000 will have paid $625 in 2020 and would decrease by about $21 to $604 in 2021, assuming there is no change in the assessed valuation. However, if the underlying AV increases by 4%, the tax levy will be about $628 or an increase of $3 per year. Property Tax is a vital component of General Fund revenues and makes up about 28% of the total. Taxes support public safety and street operations. The 1% increase in the levy only generates $102,230, but just the increase in Police and Fire budgets as the result of bargained settlements adds almost $180,000 to the 2021 budget. With COVID threatening to reduce other General Fund revenues, it is prudent to declare substantial need and increase the property tax levy by the full 1%. Because the Property Tax levy request is due to Grant County by November 30, we are requesting that Council conduct the Public Hearing and adopt the resolutions at this meeting. Options Option Results • Move to adopt Resolutions Staff can certify the levy to the Grant County Board of Commissioners before the deadline • Modify the draft Resolutions Provide staff with specific changes, which would then need to be approved at the November 24 meeting • Take no action Property tax legislation needs to be submitted to the County Commissioners by November 30. If this is not accomplished, the City would not levy a property tax, and would lose 28% of General Fund revenue Staff Recommendation Staff recommends City Council conduct the Public Hearing, then consider adoption of the resolutions as presented. Attachments A. Resolutions and Calculation Worksheet Legal Review N-A Moses Lake Council Packet 11-10-20, Page 58 of 90 2020 Tax 2021 Assessed Rate Levy Values Applied Dollars (Dollars in Thousands)(estimate) Prior Year (2020) = Base 2,317,600.000$           3.28749$             7,619,087$          Levy Limit‐1.0% increase from 2011 levy ‐$10,222,955 102,230                Base‐101%7,721,317            Valuation Change ‐‐ (4.8%)113,119.28                   0 New Construction (1.1%)25,332.415 3.28749               83,280                  State Assessed Value‐ (still unknown) Tax Limit Before Annexation 2,456,051.690             3.17770               7,804,597            Add for Annexation 3,370.12                       3.17770               10,709                  Limit for Subsequent Year 2,459,421.810             3.17770               7,815,306            Plus:  Refunds (estimate)25,000                  Plus: Contingency 190,000                Total Ordinance 3.26512 8,030,306$          Assessed Valuation 2,459,421.810$           3.82500$             9,407,288$          Less:  Library Levy (Estimate 0.375 922,283                Maximum 2020 Levy for Collection in 2021(Estimate)3.450$                 8,485,005            Total Levy Calculation 7,840,306$          Less:  Potential uncollectible levy  (estimate)500,000                Estimate to collect 7,340,306$          Budget Estimate (Basically 2020 Actual)7,349,000$          State of Washington Constitutional Limit City of Moses Lake Property Tax Limitation Calculation Budget Estimate  Moses Lake Council Packet 11-10-20, Page 59 of 90 RESOLUTION NO. 3832 A RESOLUTION PROVIDING FOR SUBSTANTIAL NEED TO INCREASE THE REGULAR PROPERTY TAX LIMIT FACTOR ABOVE THE RATE OF INFLATION PURSUANT TO RCW 84.55.0101 Recitals: 1. The City Council of the City of Moses Lake, Moses Lake Washington, has determined that the level of service, public safety and providing for government project, the City Council finds that there is a need to increase the regular property tax limit factor above the rate of inflation. Resolved: 1. That the limit factor for the tax year 2021 shall be one percent 1%, which is a 0.398% increase above the rate of inflation. 2. The City Council of the City of Moses Lake, Washington declares this a public emergency legislation necessary for the protection of public health, safety, property, or peace and has passed this ordinance on a single reading with a majority plus one of the whole membership of the City Council voting in favor of passage with the resolution taking effect immediately upon passage. Adopted by the City Council on November 10, 2020. ____________________________________ David Curnel, Mayor ATTEST: _________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-10-20, Page 60 of 90 RESOLUTION NO. 3833 A RESOLUTION FIXING AND LEVYING THE AMOUNT OF AD VALOREM TAXES NECESSARY TO DISCHARGE THE EXPECTED EXPENSES AND OBLIGATIONS FOR THE 2021 BUGDET FOR THE CITY OF MOSES LAKE Whereas, RCW 84.52 requires the governing body of the City of Moses Lake to fix the estimated amount to be raised by taxation on assessed valuation on property within the City of Moses Lake; and Whereas, The City of Moses Lake’s highest actual levy amount occurred in 2011 and was $10,222,995; and Whereas, The City is allowed by law to increase its tax levy by 1% over the highest levy amount it has ever received since 1985, which would establish a limit of $10,325,185; and Whereas, The City of Moses Lake’s actual levy amount from the previous year, 2020, was $7,460,933, which was reduced from the anticipated levy in 2016, because of an appeal of a taxpayer’s assessment before the Grant County Board of Equalization (BOE). The BOE’s decision has been appealed to the State of Washington’s Board of Tax Appeals. The reduction in levy amount will probably remain in place until a resolution of the appeal; and Whereas, the City of Moses Lake has a population of more than 10,000; and Whereas, a Public Hearing were held, with notice duly provided, to consider the City’s current expense budget for the 2021 calendar year pursuant to RCW 84.55.120; and Whereas, the City Council of the City of Moses Lake, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City requires an increase in property tax revenue from the previous year, resulting from the limit factor, along with the addition of new construction and improvements to property and any increase in the value of state-assessed property and any increase due to the annexation of new territory and refunds made, in order to discharge the expected expenses and obligations of the City; now, therefore BE IT RESOLVED BY THE CITY OF MOSES LAKE CITY COUNCIL: Section 1. The following increases in the regular property tax levy, over the amount of the previous year’s levy, are hereby authorized to be cumulatively levied for collection in 2021: A. A discretionary increase of $102,230, attributable to the inflation factor which is a percentage increase of 1.0% over the highest amount levied for collection since 1985 which was $10,222,955 in 2011; plus B. An estimated increase of $10,709 for recent annexations; plus C. An estimated increase of $83,280 for new construction and improvements to property; plus D. An estimated increase of $25,000 for a refund levy; plus E. An increase authorized by state law for state-assessed property values. Moses Lake Council Packet 11-10-20, Page 61 of 90 Section 2. There is hereby fixed to be raised by general property taxes upon real and personal property within the City of Moses Lake the amount of $8,030 306, for general municipal purposes, including Firemen’s Relief and Pension. Section 3. The City Clerk is directed to transmit and file a certified copy of this resolution with the Board of Grant County Commissioners and the Grant County Assessor on or before November 30, 2020. Section 4. This resolution shall take effect January 1, 2021. ADOPTED BY THE CITY COUNCIL, and signed and approved this 10th day of November, 2020. ______________________________________ David Curnel, Mayor ATTEST: ____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-10-20, Page 62 of 90 STAFF REPORT To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Date: November 10, 2020 Proceeding Type: Public Hearing Subject: 2021 Budget and Fee Schedule Legislative History: • First Presentation: October 24, 2020 (Council Budget Retreat) • Second Presentation: November 10, 2020 • Requested Action: Conduct Public Hearing, Continue Public Hearing to November 24, 2020 Staff Report Summary This is the presentation of the budget ordinance establishing the authorization and spending plan for the 2021 fiscal year for all City operations. It requires a hearing to accept public comments and input. A balanced budget needs to be adopted by December 31, 2020. The budget includes revenue estimates based on the 2021 Fee Schedule which will go to Council in a separate agenda item on December 8. Background The Budget provides for the financial planning, control, and evaluation of all funds. Prior to Council presentation the City Manager, Finance Director and Department Directors met in early October to review all budget proposals. The City Manager then made recommendations to create the City Manager’s budget that was presented to City Council in a study session on October 24, 2020. From there, appropriate changes were made so that the 2021 Preliminary Budget considers guidance and direction given by Council throughout the budget process. For the Preliminary Budget, all funds are balanced within available resources (i.e. reserves and new revenues). Staff is seeking direction from Council at the regular business meeting on November 10. If Council recommends changes, the budget ordinance will be modified to incorporate Council’s final directives for the November 24, 2020 meeting. When the second public hearing is completed on November 24, Council could pass the ordinance at that meeting. Many of the fees in the fee schedule are unchanged from 2020. In accordance with Council direction given in November of 2016, basic utility fees are being adjusted to keep up with inflationary increases, by applying the year-over-year increase in September’s All Urban Moses Lake Council Packet 11-10-20, Page 63 of 90 Consumers (CPI-U) West—B/C (i.e. small cities) index of 0.62%. The Water and Wastewater utilities are in the middle of a cost of service study. Preliminary results of that study show that both these utilities need an overall 3% increase in rates to maintain operations, so those rates are increased by 3%. The next step in the cost study is to balance rates among customer classes. We do not anticipate those changes to come until mid-2021. The Solid Waste utility is currently unchanged because the haulers increase was also under 1%, and the interfund loans were entirely paid off and not required in the 2020 budget. (However, the County Commissioners passed a 71% increase in the landfill charges to start March 1, 2021. We will need a rate adjustment to cover this additional cost, which will be brought forward when we do the fee legislation in December. The Solid Waste fund will need to be adjusted to incorporate both the expenditure and revenue increases for the Final Budget.) Additional explanation and summaries or revenues and expenditures by fund are included in a separate 2021 Preliminary Budget document, which is available for public review on the City of Moses Lake website – https://www.cityofml.com/964/Financial-Reports. Fiscal and Policy Implications The total proposed 2021 expenditure budget is approximately $95.1 million with the General Fund operating budget amounting to about $29.5 million. All funds are balanced within available resources. Options Option Results • Conduct the Public Hearing The budget process continues in compliance with state law • Recommend changes to the 2021 budget Provide staff with specific changes, which would then need to be incorporated into the budget system to be brought back for adoption at the November 24 meeting Staff Recommendation Staff recommends City Council conduct the Public Hearing, then give direction to make changes to be brought back for final budget adoption on November 24, 2020 Attachments A. Budget Ordinance (including Schedule A) Legal Review N-A Moses Lake Council Packet 11-10-20, Page 64 of 90 ORDINANCE NO. 2960 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF MOSES LAKE, WASHINGTON FOR THE YEAR OF 2021; AND MAKING APPROPRIATIONS FOR ESTIMATED EXPENDITURES WHEREAS, on or before the 2nd day of November, 2020, a proposed budget and estimate of the amount of moneys required to meet the public expenses, and retirement and interest, reserve funds, and expenses of government of the City for the year 2021 was duly filed with the City Clerk of the City of Moses Lake and submitted to the City of Moses Lake City Council, all in accordance with applicable laws, and WHEREAS, subsequent to November 2, 2020, the City Council held hearings on the budget and on November 10 and November 24, 2020 the City Council held formal public hearings on the budget all in accordance with applicable laws, and WHEREAS, subsequent to its formal public hearings, the City Council made adjustments and changes to the budget as the Council deemed necessary or proper and determined the allowance in each item, department, classification and fund, all as set forth in the final budget document attached hereto, all in accordance with applicable laws, and WHEREAS, the proposed budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City for the purposes set forth in the budget, and the estimated expenditures set forth in the budget being all necessary to carry on the government of the City for fiscal year 2021 and being sufficient to meet the various needs of the City during that period; now, therefore, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The budget for the City of Moses Lake, Washington for the year 2021 is hereby adopted at the fund level in its final form and content as set forth in the budget document, “City of Moses Lake, Annual Budget-2021”, which is attached hereto as Schedule A. Section 2. Estimated resources for each separate fund of the City of Moses Lake, and aggregate expenditures for all such funds for the year 2021 are set forth in summary form entitled “City of Moses Lake, Annual Budget – 2021” which is attached hereto as Schedule A, and are hereby appropriated for expenditure at the fund level during the year 2021. Pursuant to RCW 35A.13.080 the City Manager shall administer the expenditure of all funds appropriated herein, and the City Manager is authorized to take all necessary and prudent actions to implement the City Council’s expenditure directives and budget appropriations. Section 3. The budget for the 2021 fiscal year is inclusive of the 2021 fee schedule as Moses Lake Council Packet 11-10-20, Page 65 of 90 approved and accepted by Council by separate resolution. Section 4. The Clerk for City Council is directed to transmit a certified copy of the budget hereby adopted to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities. Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law Passed by the City Council and signed by its Mayor on November 24, 2020. ______________________________________ David Curnel, Mayor ATTEST: __________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins Aye Nay Abstain Absent Date Published: November 30, 2020 Date Effective: December 5, 2020 Moses Lake Council Packet 11-10-20, Page 66 of 90 Fund Description 2021 Projected Resources 2021 Expenditure Appropriation % of  budget 000 General Fund 33,303,830$     29,536,084$       31.1% 102 Tourism Activities 921,000             519,400               0.5% 103 Grants and Donations 854,400             138,800               0.1% 110 Homeless Services 578,000             377,700               0.4% 114 Paths and Trails 77,000               26,000                 0.0% 116 Street Maintenance 2,970,000          2,568,315            2.7% 119 Street Repair/Reconstruction 4,215,900          4,205,000            4.4% 170 Transportation Benefit District 2,181,000          1,850,000            1.9% 282 LOCAL Borrowing 2021/22 914,000             914,000               1.0% 286 Gen Obligation Bond 2016 Refunding 560,800             376,733               0.4% 314 Park and Recreation Improvement 12,200,000       11,500,000         12.1% 315 Park Mitigation Capital Project 152,100             152,100               0.2% 410 Water/Wastewater 15,078,600       13,331,075         14.0% 450/1 Water/Wastewater 2011 Bond and Reserves 1,140,600          563,400               0.6% 452/3 Water/Wastewater 2004 Bond and Reserves 1,390,500          682,600               0.7% 471 Water Rights 2,000,000          1,000,000            1.1% 477 Water/Wastewater Construction 6,775,000          6,300,000            6.6% 485 Water/WW Public Works Trust Fund loan D/S 587,150             567,192               0.6% 487 2015 Bond 83,000               75,650                 0.1% 490 Sanitation‐‐Solid Waste 4,400,000          4,073,300            4.3% 493 Stormwater 1,374,000          1,294,646            1.4% 495  Airport 272,000             234,609               0.2% 498 Ambulance Utility 3,673,300          3,496,021            3.7% 501 Unemployment Compensation Ins.85,300               51,500                 0.1% 503 Self‐Insurance ‐‐ Risk Management 1,204,800          926,000               1.0% 517 Central Services ‐‐ Information Technology 1,923,800          1,831,805            1.9% 519 Equipment Rental ‐‐ Fleet Maintenance 5,713,009          5,048,691            5.3% 528 Building Maintenance 3,774,800          3,400,231            3.6% 611 Firemen's Pension 363,000             55,000                 0.1% Citywide Total 108,766,889$   95,095,852$       100.0% City of Moses Lake, Washington Annual Budget ‐ 2021 Schedule A Summary of Available Resources and  Appropriations by Fund Moses Lake Council Packet 11-10-20, Page 67 of 90 STAFF REPORT To: Mayor David Curnel, Council Members From: Allison Williams, City Manager Date: November 3, 2020 Proceeding Type: New Business Subject: Partnership Request – Moses Lake Community Coalition Legislative History: • First Presentation: November 10, 2020 • Action: Motion to approve Community Coalition Investment OVERVIEW: The Moses Lake Community Coalition is an organization that works to bring drug abuse and resistance education to area youth. They are provided administrative support through Grant Integrated Services. They would like to enhance the services they are providing for the City of Moses Lake in the areas identified in the agreement and would provide a quarterly report back to City Council on their progress. Finance Review: The 2021 request is for $10,000 which has been reviewed by the Finance Director, and could be a funded effort out of the liquor tax/marijuana tax proceeds. Recommendation: Staff recommends approval, as these community efforts in other jurisdictions have provided amazing benefits to the community and there are potential training opportunities for our staff. Action requested: Motion to enter into a partnership agreement with Moses Lake Community Coalition for 2021. Moses Lake Council Packet 11-10-20, Page 68 of 90 Bernadette Crawford Moses Lake Council Packet 11-10-20, Page 69 of 90 STAFF REPORT To: Allison Williams, City Manager From: Melissa Bethel, Community Development Director Date: November 5, 2020 Proceeding Type: New Business Subject: Annexation Moratorium Resolution Legislative History: • First Presentation: November 10, 2020 • Second Presentation: • Action: Motion Overview Staff is requesting a “pause” on future annexations to help the City and staff complete several projects which are helping to drive future development goals and a vision for the future of Moses Lake. The Comprehensive Plan update and Capital Facilities Plan will both be completed by June of 2021. By creating a vision and future development goals, the growth of the City will be clear and new development in our UGA can occur in an orderly and timely manner. In addition, staff will be able to provide the Council with sufficient information to make educated and fiscally responsible decisions reflecting the new Comprehensive Plan goals and policies and any new changes to the UGA. Background In 2001, the City Council adopted a Comprehensive Plan that included an Urban Growth Area (UGA) that was negotiated between the Grant County Board of County Commissioners and the Moses Lake City Council in accordance with RCW 36.70A.110. The Moses Lake Comprehensive Plan, Goal 3, Section 3-8 Land Use Chapter, addresses when it is appropriate to annex areas within our Urban Growth Area. “Goal 3: The City shall annex only those properties where urban services are appropriate and can be reasonably provided.” The City of Moses Lake has a long history of annexation. Over the course of just 10 years the City has annexed over 1,472 acres. Within those annexations approximately 62 acres were not supplied basic services. Keep in mind there are other properties which have not been supplied services which date back beyond 10 years. On the other hand, the City has engaged in providing services to lands outside the City limits and within the UGA in the form of Extra Territorial Agreements (ETA’s) totaling approximately 74 individual agreements. Lastly, there are Moses Lake Council Packet 11-10-20, Page 70 of 90 approximately 150 acres lands within the City that have never received services (incl. approx. 50 acres of commercial). Part of the annexation process requires the City to provide an analysis or feasibility study which explores the fiscal implications of annexing any proposed land to the City. When considering annexations in the past, this analysis has not been fully developed for Council consideration. For example: A city might consider a policy to only annex property if the guaranteed, non- speculative return on investment is 25% over cost.* Policies and methods such as the example above allow the City to continue to provide and increase services to its citizens. * When is it okay to annex property? Charles Marohn https://www.strongtowns.org/journal/2018/6/11/when-is-it-okay-to-annex-property Fiscal and Policy Implications No fiscal impact. Options Option Results • Adopt the Resolution as presented No new annexation petitions will be accepted until the moratorium expires • Adopt Resolution as amended Provide staff with specific changes • Take no action. Annexation petitions will be accepted and processed Staff Recommendation Staff recommends approval of the Resolution in order to complete the Comprehensive Plan and Capital Facilities Plan; in addition to allowing staff time to create a procedure for properly preparing annexation requests. “I move the City of Moses Lake City Council approve and adopt Resolution 3834, a resolution establishing a policy regarding a temporary moratorium on the acceptance and processing of new annexation petitions.” Attachment A. Draft Resolution Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Resolution Annexation Moratorium November 5, 2020 Moses Lake Council Packet 11-10-20, Page 71 of 90 RESOLUTION NO. 3834 A RESOLUTION ESTABLISHING A POLICY REGARDING A TEMPORARY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF ANNEXATION PETITIONS RECITALS: 1. The City Council of the City of Moses Lake is committed to developing adequate plans for the orderly growth and development of the City to better serve, protect, and promote the health and welfare of its citizens. 2. The City is and has been experiencing growth at a rapid rate. 3. The City has identified existing capacity within its current land use inventory to permit the immediate continued growth and infill within the existing corporate limits without the need for the annexation of additional lands. 4. The City must consider the infrastructure cost and ongoing maintenance of annexing additional areas which increases the cost of City infrastructure and services, including streets, water, sewer, and storm water systems, police, fire protection, and ambulance services, solid waste services, and park and recreation services. 5. The City Council finds that there is substantial evidence that municipal services which relate to the quality of the environment, fiscal soundness, carrying capacities of the utility and transportation systems and other related services which affect residents of the City, will be negatively impacted by additional annexations if prudent growth management practices are not evaluated, updated, and administered by the City which take into account the ability of the City to continue the balance between the growth rate through annexations and the expansion of transportation and utility systems, police services, fire protection and ambulance services, and park and recreation services provided by the City. 6. The City is engaged in the update and revision of its overall comprehensive plan in order to assure the orderly development of the City and to assure that development pays for the infrastructure and services required by the development. The results of these updates may affect the pattern of growth, delivery of services, and cost of development. 7. The City Council needs sufficient time to complete the preparation, study, and evaluation of these updates prior to annexing additional lands. 8. State law affords sole discretion to the City Council (Chapter 35A.14 RCW) to determine whether to exercise its legislative discretion regarding annexations. 9. The City Council finds that a temporary delay in processing new petitions for annexation of property is necessary in order to permit the City to prepare, study, and evaluate the City’s capacity for providing municipal services to additional lands and to complete the updates and revisions to Moses Lake Council Packet 11-10-20, Page 72 of 90 the City’s land use ordinances, regulations, and comprehensive plans. 10. The City expects to have the 2020 Comprehensive Land Use Plan update complete by June 2021, including an updated Capital Facilities Plan. RESOLVED: Section 1. Findings of Fact. The City Council hereby adopts the recitals expressed above as Findings of Fact. Section 2. Temporary Moratorium on Annexations established. A. There is hereby established a temporary moratorium on the acceptance of all new petitions for annexation of land to the City of Moses Lake through June 2021. B. This temporary moratorium shall not apply to any petition for annexation of contiguous lands where an immediate public health, safety, or welfare issue is present and the annexation is deemed by the City Council to be a logical annexation which is fiscally prudent for the City and which can be immediately served by existing urban services. C. Should the City progress more rapidly through its Comprehensive Plan update and related Capital Facilities Plan updates, the City Council may review the timelines and restrictions set forth in this Resolution and may make any adjustments deemed necessary in its sole discretion. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption. Adopted by the City Council of the City of Moses Lake, Washington, on November 10, 2020. _____________________________ David Curnel, Mayor ATTEST: ______________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 11-10-20, Page 73 of 90 STAFF REPORT To: Allison Williams, City Manager From: Fred Snoderly, Municipal Services Director Date: November 2, 2020 Proceeding Type: New Business Subject: Request to Connect to City Sewer 3086 Westshore Drive NE Parcel # 120293202 Legislative History: •First Presentation: November 10, 2020 •Second Presentation: •Requested Action: Motion Staff Report Summary Caroline and Bill Casey request approval to connect to the City’s sewer system to serve a single- family residence on their lot, Parcel #120293202 located at 3086 Westshore Drive 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 sewer. The City’s sewer system has 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. The proponent also requested to connect to City water, it was determined the property is located outside of the City’s retail service area for water. The property is located inside the Westshore Water Company service area. 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 11-10-20, Page 74 of 90 Options Option Results •Move to approve the request.The owners will provide an Extra Territorial Agreement and connect to City 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 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 11-10-20, Page 75 of 90 1 Rob Harris From:Rob Harris Sent:Monday, November 2, 2020 9:31 AM To:Bill Casey Cc:Jason Grubb; Fred Snoderly Subject:RE: Tie into City water and sewer Mr Casey, I will move forward with your request to connect to City sewer, however during my research for your request it has been determined you are not in the City of Moses Lake retail service area for water. The Westshore Water Company would be your service provider. In order for you to connect to City water we would need a letter from The Westshore Water Company stating they were unable to serve you with water. Rob Harris Development Engineering Manager City of Moses Lake 321 S Balsam Moses Lake Washington 98837 509-764-3780 509-750-1151 (Cell) rharris@cityofml.com NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e- mail, 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 an external party. From: Bill Casey <billcasey1@live.com> Sent: Thursday, October 29, 2020 2:01 PM To: Rob Harris <rharris@cityofml.com> Subject: Tie into City water and sewer Caution! This message was sent from outside your organization. Allow sender | Block sender sophospsmartbannerend Rob, We had our septic system pumped out on October 26, 2020 and found that the tanks where full of roots and the system would need to be tied into the city sewer system. I would like to request that the homes sewer and water systems be attached to the city systems. The home is at 3086 Westshore Dr N.E., Moses Lake, Wa. Bill Casey Moses Lake Council Packet 11-10-20, Page 76 of 90 2 Cell: 509-989-7286 Moses Lake Council Packet 11-10-20, Page 77 of 90 11/2/2020 ArcGIS Enterprise - Combined Utility Reference https://arcgis.cityofml.com/portal/home/webmap/viewer.html?webmap=490c358ea637470a877ae8862ba93603 1/1 + − 0 50 100ft Details Add Basemap Save Share Print Measure Bookmarks Combined Utility ReferenceHome Moses Lake Council Packet 11-10-20, Page 78 of 90 MEMORANDUM November 6, 2020 To: Allison Williams, City Manager From: Cindy Jensen, Finance Director Subject: 2020 3rd Quarter Budget Revenue and Expenditure Report I am pleased to submit the City of Moses Lake’s 2020 third quarter actual results compared to budgeted revenue and expenditure report for all city funds. Beginning Fund Balances shown are subject to final adjustments made as a result of the year-end closing process, which will not be officially concluded until the State Auditor’s work is completed later this year. Overall, the City budget has held up rather well through the economic shutdown caused by the coronavirus (COVID 19) pandemic that started in March 2020. There are pockets of revenue that have been reduced, such as hotel/motel tax, gambling and admissions taxes, and the red-light camera fines. However, most of the major revenues are performing as expected through the third quarter of 2020. At the end of the third quarter, we are seeing typical variances tied to position vacancies and the timing of annual dues/assessments and other operational considerations. We are also experiencing reductions in operating costs because of the COVID shutdowns, particularly in Parks and Recreation—the aquatic center did not open this year. Some areas had additional costs to address the pandemic, but we have received a state grant of just over $1 million to cover this expense. (At the end of September, we had not yet requested a grant reimbursement). Capital projects are still underspent because of long lead-in times that are typical of this activity—for example bid specifications are just being finalized for the Larson Recreation Center project. In reviewing the reports, the 2020 budget appears to be adequate for most operating funds. Exceptions are the Grants & Donations fund because of the purchase of a replacement K9, and the Paths and Trail fund which was used for the Pioneer sidewalk project. In addition, there have been projects that have had contracts awarded or have otherwise been approved by Council which have not yet been incorporated into the 2020 budget. For example, the Homeless program, and the programs to address COVID such as the purchases to accommodate telecommuting; upgrades to the Council Chamber audio-visual systems; and the small business assistance grants. An appropriation ordinance to increase the 2020 budget will be presented for Council consideration at the November 24 meeting. Moses Lake Council Packet 11-10-20, Page 79 of 90 This report is summarized by type of fund, and reported by functional type, and includes the following sections: • City-Wide Overview • General Fund Revenue Analysis • General Fund Expenditure Analysis • Other Funds Analysis • Exhibit I—Fund Detail that supports the Summaries City-Wide Overview 2019 Adopted Percent Actual Budget Actual Rec'd General Fund 18,080,144$ 26,643,060$ 17,520,562$ 65.8% Operating/Enterprise Funds 27,110,912 35,493,649 28,189,608 79.4% Capital Improvement Funds 5,417,969 16,345,600 3,721,718 22.8% Risk Mgmt/Employee Benefit 470,413 790,000 604,878 76.6% Debt Service Funds 2,269,748 2,268,797 2,268,797 100.0% Total City Revenues 53,349,186$ 81,541,106$ 52,305,563$ 64.1% 2020 Revenue Comparison (Budget vs. Actual--75% of year) 2019 Adopted Percent Actual Budget Actual Spent General Fund 18,935,406$ 28,809,888$ 19,017,939$ 66.0% Operating/Enterprise Funds 26,160,957 38,814,077 25,555,203 65.8% Capital Improvement Funds 3,258,259 21,935,000 5,516,386 25.1% Risk Mgmt/Employee Benefit 701,218 922,000 805,215 87.3% Debt Service Funds 2,269,615 2,270,119 1,862,269 82.0% Total City Expenditures 51,325,455$ 92,751,084$ 52,757,012$ 56.9% Expenditure Comparison (Budget vs. Actual--75% of year) 2020 Moses Lake Council Packet 11-10-20, Page 80 of 90 General Fund Revenue Analysis Property Tax – The first half of the Property Tax assessment is due to the Grant County Treasurer by April 30, and the second half is due October 31. The budget was set based on assumptions of new construction and collection rates, and then discounted for collection delinquencies. Even though the levy for 2020 was set at $7.62 million, we only budgeted $7.205 million. At this point in time it appears collections could come in slightly over budget, so we are not anticipating a loss of revenue in this major revenue source because of COVID-19. 2019 19 vs 20 Adopted Percent Percent Actual Budget Actual Rec'd Change 310 Taxes Property Tax 4,235,828$ 7,205,000$ 4,275,517$ 59.3% 0.9% Sales Tax 5,263,148 7,000,000 5,377,363 76.8% 2.2% Sales Tax-Public Safety - 700,000 445,149 Utility Tax 2,612,699 3,278,000 2,567,599 78.3% -1.7% Gambling Tax 210,907 251,400 127,173 50.6% -39.7% Other Taxes 66,195 88,000 25,190 28.6% -61.9% Subtotal-Taxes 12,388,777 18,522,400 12,817,991 69.2% 3.5% 320 Licenses & Permits 572,191 651,500 592,976 91.0% 3.6% 330 Intergovernmental Revenues 715,957 1,214,510 845,858 69.6% 18.1% 340 Charges for Goods & Services Administrative Support 700,500 1,031,000 773,250 75.0% 10.4% Engineering 624,238 1,488,500 1,078,682 72.5% 72.8% Public Safety 247,357 415,000 222,222 53.5% -10.2% Parks & Recreation Programs 1,144,508 1,205,100 121,576 10.1% -89.4% Community Development 169,906 186,000 255,002 137.1% 50.1% Sales of Merchandise/Misc.64,069 105,000 38,674 36.8% -39.6% Subtotal-Charges for Services 2,950,578 4,430,600 2,489,406 56.2% -15.6% 350 Fines and Penalties 790,637 966,300 415,931 43.0% -47.4% 360 Miscellaneous Revenues 662,003 457,750 358,104 78.2% -45.9% 390 Other Financing Resources - 500,000 - 0.0% Total General Fund Revenues 18,080,143$ 26,743,060$ 17,520,266$ 65.5% -3.1% 2020 General Fund Revenues As of September 30, 2020 - 75% of year Moses Lake Council Packet 11-10-20, Page 81 of 90 We have received notice that a major delinquent taxpayer has prepared a settlement agreement on back taxes, and we could receive over $400,000 in December. This has not been considered in any budget estimates. Sales Tax – This major revenue source ended 2019 at $7.2 million, and was conservatively set slightly below the 2019 actual at $7.0 million assuming some of the construction will taper off. In prior reports, I noted that we expected this major revenue source to be hardest hit from the COVID-19 economic shutdown. However, through the 3rd quarter, sales tax was up 2.2% over the prior year, and at the end of October, we are ahead of 2019 by $78,000 or 1.3% year to date. We may see some long-term downturns, but this major revenue source is still trending to exceed this year’s budget estimate. Utility Tax – This revenue source experiences fluctuations either from rate adjustments or fluctuations in usage. Third quarter results are down compared to the prior year, coming in 1.7% below 2019. Rate increases were more than offset by a significant continuing downward trend in telephone utility taxes, coupled with the 9.6% reduction in Solid Waste rates as a result of a favorable contract negotiation with our hauler. Gambling Taxes - This revenue stream is historically higher in the first half of the year. It should be noted that Council reduced the card game tax rate over the next five years, so this is expected to trend below the prior year actual. The shutdown of restaurants and bars will negatively affect this revenue source. We are down $83,700 through the 3rd quarter, and this loss could grow to $130,000 by year end. Other Taxes—This consists of Leasehold Excise Tax and Admissions Tax, both of which have been hard hit because of the economic shut-down. Fortunately, this is a small budget, and we will likely be short about $60,000. Licenses and Permits – This revenue is generated by the development community, and is difficult to budget because it is volatile by nature. 2020 3rd quarter results are exceeding the budget estimate, and trending slightly above 2019 actual results. There are several large projects in process, which should keep this revenue healthy through the next year. This trend is a positive indicator of future construction-related sales tax. Intergovernmental Revenue – This category includes State-shared revenue ($440k), the PUD privilege tax ($320k), and other grants (consisting primarily of Public Safety grants totaling $354k). State-shared revenue is slightly exceeding budgeted estimates. The PUD tax is received once a year in August. The public safety grants have been billed, but the most recent quarter activity has not yet been received. Overall, the category is under budget at the end of the third quarter, but is anticipated to slightly exceed the total budget by year end. It should be noted that this is where the CARES Act grant will be recorded when it is received. The budget changes tied to our COVID response will be in the next budget amendment. Moses Lake Council Packet 11-10-20, Page 82 of 90 Charges for Goods and Services primarily consist of: • Fees charged for Parks and Recreation Programs; • The City Administrative fee charged to funds for the services provided by the executive branch and finance; • Engineering services charged both to internal projects and external developers; and • School Resource Officers reimbursed by Moses Lake School District This revenue source is only 56.2% received through 75% of the year. The Parks and Recreation program revenues are greatly reduced because of COVID, but there is also a corresponding reduction in direct costs to run the programs. As discussed previously, the Moses Lake School District is not reimbursing for SRO while school is not in session in the physical school buildings, but the new criminal justice sales tax can be applied to avoid a layoff of those officers. Fines and Penalties consist almost entirely of fines generated by the red-light camera program. With the schools closed, much the speeding in a school zone fine revenue is not being generated, and the “Stay Home” message has resulted in less traffic so that the normally high ticket intersections are not generating as many tickets. Revenue has picked up in the last 3 months, but even so, this one revenue could be short about $390k for the year. Miscellaneous Revenues include interest earnings on investments and facility rentals. This category is slightly exceeding budget but running below prior year actual primarily because interest rates have dropped from last year. Interest is recorded in General Fund throughout the year and is allocated out to applicable funds at year-end, so this is ahead of budget now but will end the year closer to the budget estimate. The budget for Other Financing Resources is made up primarily of a transfer from the Water Department of excess maintenance and operating charges as authorized by RCW 35.23.535 ($500,000). This transfer is completed at year end. Summary --Overall, the third quarter 2020 General Fund revenue came in at $17,520,266 which is 65.5% of the total year budget, even with property tax collections being just slightly above the halfway mark. Primarily because of pressures tied to the economic shutdown in the wake of COVID-19, total revenue dropped by $559,878 or 3.1% from the third quarter 2019 actual of $18,080,143. This reduction was spread among several categories. Moses Lake Council Packet 11-10-20, Page 83 of 90 General Fund Expenditure Analysis In total, General Fund Expenditures for the third quarter are 9.0% below the 75% mark, and are only up by 0.4% compared to the prior year. Several increases were included in the 2020 budget, however, many of those increases were offset by other reductions, netting to just a modest increase year to date. Increases include a COLA adjustment for Police and Fire union salaries, along with the implementation of the Condrey pay and compensation study. (The study is being funded primarily by an additional transfer from Water and Wastewater for engineering administrative overhead—the related revenue increase is in the “charges for services” revenue category.) Another increase is the additional staff added in 2020 for the SAFER grant and administrative support in Fire and Finance. Since General Fund is over 57% staffing, events effecting total payroll have a significant impact on budgets. Position vacancies may start out being an “overage” because of the cashout of earned accrued leave balances, but then can produce savings when the position is vacant for any length of time. Most variances in individual divisions are the result of position vacancies. The City has had several high-level positions vacant for an extended period, i.e. Community Development and Human Resources Directors, and Parks Maintenance Superintendent. Most variances in individual divisions are the result of position vacancies. 2019 19 vs 20 Adopted Percent Percent Actual Budget Actual Spent Change Legislative 254,486$ 382,308$ 267,212$ 69.9% 5.0% Executive 901,773 1,087,306 753,313 69.3% -16.5% Finance 726,452 1,237,090 786,483 63.6% 8.3% Community Development 986,900 1,746,631 1,032,891 59.1% 4.7% Legal 144,955 192,800 147,811 76.7% 2.0% Misc. Services 1,361,492 1,910,490 1,415,919 74.1% 4.0% Library 58,236 82,100 57,666 70.2% -1.0% Engineering 1,562,969 2,289,531 1,654,340 72.3% 5.8% Parks & Recreation 4,538,549 6,467,411 3,900,976 60.3% -14.0% Police 5,595,505 8,855,366 5,896,104 66.6% 5.4% Fire 2,804,089 4,558,855 3,105,224 68.1% 10.7% Total General Fund Expenditures 18,935,406$ 28,809,888$ 19,017,939$ 66.0% 0.4% 2020 As of September 30, 2020 - 75% of Year General Fund Expenditures Moses Lake Council Packet 11-10-20, Page 84 of 90 When the economic shutdown occurred, operating divisions generally tried to curb spending, since we were not sure how our revenues would react. Travel budgets remain largely unspent as most conferences were converted to virtual webinars. We are also seeing the reduction in Parks and Recreation because of the pandemic. The aquatic center did not open to the public this summer, and other programs were either eliminated or “re-tooled”. The Police budget includes the contract payments to Redflex for traffic control cameras and ticketing program. Through 9 months we have paid Redflex $348,700 and have collected $404,156 in ticket revenue, netting about $55,456. Last year, the net revenue from the red-light program was $422,300 through the same time frame. Our contract stipulates that Redflex reduces their charge if the revenue comes in less than the expense in any month, so we are guaranteed at least to break even, but this revenue is not currently supporting Police operations as it has in the past. Fortunately, the new criminal justice sales tax is taking up this slack. Fire has been well-staffed for most of the year, and has only spent 30% of their overtime budget through 75% of the year. General Fund Conclusion-- Because of the revenue reductions previously mentioned, the divisions are trying to keep their operating expenditures down. The cancelling of Parks programs greatly reduced revenue, but it also resulted in a large reduction in expenditures, so overall, General Fund is currently using $1,497,377 of beginning fund balance. In comparison, 2019 had used $855,262 through the third quarter, but added over $400,000 to fund balance by year end. When we consider revenue still to come in by year end, including additional property tax (both from the collection of the regular levy and the delinquent taxpayer settlement); the Water Fund transfer; and the CARES Act grant reimbursement, it is very possible that General Fund can come close to breaking even by year end, even though we had estimated to use our contingency fund balance of $1.4 million when the pandemic first hit. Moses Lake Council Packet 11-10-20, Page 85 of 90 Other Funds Analysis Third quarter 2020 results generally performed as expected. Variances in capital funds are related to timing of major projects, as well as capital components in operating funds (such as Building Maintenance and Stormwater capital projects and Fleet Maintenance vehicle purchases). Debt Service funds are dependent on the timing of the related amortization tables, and are not expected to follow the percentage of year comparison. The revenues in most funds are at or over the 75% mark. The two exceptions are the Hotel/Motel Tax in the Tourism Activities fund, and Gas Tax in the Streets Fund. Hotel/Motel tax is down 20% from the prior year at the end of September, and 23% at the end of October. My estimate is that this fund revenue will be under budget by up to $200,000 depending on when traveling picks back up. This fund has a fund balance that was 100% of the annual revenue ($745,000), so it should be able to hold up to this downturn. Additionally, a few of the events that were authorized were cancelled, or greatly curtailed, so the expenditures will not be spent up to the budget. Be prepared for this fund to use some of its balance in 2020. We 2019 19 vs 20 Amended Percent PercentRevenuesActualBudgetActualto Budget Change Operating/Enterprise Funds 27,110,912$ 35,493,649$ 28,189,608$ 79.4% 4.0% Capital Improvement Funds 5,417,969 16,345,600 3,721,718 22.8% -31.3% Risk Mgmt/Employee Benefit 470,413 790,000 604,878 76.6% 28.6% Debt Service Funds 2,269,748 2,268,797 2,268,797 100.0% 0.0% Subtotal-Revenue 35,269,042$ 54,898,046$ 34,785,001$ 63.4% -1.4% Expenditures Operating/Enterprise Funds 26,160,957$ 38,814,077$ 25,555,203$ 65.8% -2.3% Capital Improvement Funds 3,258,259 21,935,000 5,516,386 25.1% 69.3% Risk Mgmt/Employee Benefit 701,218 922,000 805,215 87.3% 14.8% Debt Service Funds 2,269,615 2,270,119 1,862,269 82.0% -17.9% Subtotal-Expenditures 32,390,049$ 63,941,196$ 33,739,073$ 52.8% 4.2% 2020 Other Funds Revenues and Expenditures As of September 30, 2020 - 75% of Year Moses Lake Council Packet 11-10-20, Page 86 of 90 budgeted for a lower estimate for projects next year, as the sluggish revenue could continue into next year, depending on when people feel comfortable traveling again. The Gas Tax is in the Streets Fund. The budget was $458,000, but we are only 63.6% of budget through September 30. If that continues through the end of the year, we could see this revenue coming in about $85,000 below budget. The Streets Fund had a beginning balance of $668,000, which is about 25% of the expenditure budget. They are also postponing a capital purchase of this amount, but a use of $100,000 will leave the fund balance at 21%, still within recommended limits of 16.7%. Funds currently over budget include Grants and Donations because of the K9 replacement, and Paths and Trails as the Pioneer sidewalk project is slightly exceeding budget. These have adequate fund balances to cover these overages and will be included in the year end appropriation ordinance scheduled to come before Council at the November 24 meeting. Also included in that appropriation will be the CARES Act grant programs including setup of the temporary homeless camp; the major software program implementations; and professional services for water rights acquisition. Conclusion Overall, third quarter results are performing as expected. Most revenues are exceeding budget, while expenditures are being contained below budget levels. Most variances from the 75% mark are related to normal timing, a reduction of programs because of the “Stay Safe” initiatives, and focused efforts to reduce expenditures wherever possible. In the first 9 months of the year, all funds have used $450,000 of citywide fund balances. Capital funds used $1.8 million so all other funds added $1.3 million, and all funds had positive fund balances on September 30, 2020. It should be noted that even though the report shows that General Fund used $1.5 million of beginning balance through 9 months, half of the outstanding property tax is about $1.5 million, so General Fund is about breaking even through the pandemic. Staff will continue to monitor revenues in the aftermath of the COVID 19 pandemic and propose additional responses if necessary. Moses Lake Council Packet 11-10-20, Page 87 of 90 Moses Lake Council Packet 11-10-20, Page 88 of 90 Moses Lake Council Packet 11-10-20, Page 89 of 90 Office of the Mayor City of Moses Lake, WA Proclamation PROCLAMATION ~ VETERANS DAY WHEREAS, on November 11 of each year we honor our Veterans, men and women who have served our country with honor and distinction. On Veterans Day we show them our deepest thanks. Their sacrifices have helped secure more than two centuries of American progress, and their legacy affirms that no matter what confronts us or what trials we face, there is no challenge we cannot overcome, and our best days are still ahead; and WHEREAS, although much has changed since Americans first took up arms to advance freedom’s cause, the spirit that moved our forebears is the same spirit that has defined each generation of our service members. Our men and women in uniform have taught us about strength, duty, devotion, resolve – cornerstones of a commitment to protect and defend that has kept our country safe for over 200 years. In war and in peace, their service has been selfless and their accomplishments have been extraordinary; and WHEREAS, even after our Veterans take off the uniform, they never stop serving. Many apply the skills and experience they developed on the battlefield to a life of service here at home. They take on roles in their communities as doctors and police officers, engineers and entrepreneurs, mothers and fathers. As a grateful Nation, it is our task to make that transition possible – to ensure our returning heroes can share the opportunities they have given so much to defend. The freedoms we cherish endure because of their service and sacrifice, and our country must strive to honor our Veterans by fulfilling our responsibilities to them and upholding the sacred trust we share with all who have served; and WHEREAS, on days like this, we are called to reflect on immeasurable burdens that have been borne by so few. We pay tribute to our wounded, our missing, our fallen, and their families – men and women who have known the true costs of conflict and deserve our deepest respect, now and forever. NOW, THEREFORE, I, David Curnel, Mayor of the City of Moses Lake, with respect for and in recognition of the contributions our service members have made to the cause of peace and freedom around the world, do hereby proclaim November 11, 2020, as Veterans Day in the City of Moses Lake, and encourage all citizens to recognize the valor and sacrifice of our Veterans through appropriate public ceremonies and private prayers. IN WITNESS WHEREOF, I have caused the seal of the City of Moses Lake to be affixed on this 10th day of November, 2020. Presented by ____________________ Mayor SIGNED AND SEALED on this 10th day of November, 2020 Moses Lake Council Packet 11-10-20, Page 90 of 90