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2019 0514 Council Agenda Packet_____________________________________________________________________________________ Moses Lake City Council Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member Regular Meeting Agenda Moses Lake Civic Center – 401 S. Balsam May 14, 2019 at 7:00 p.m. Call to Order – 7:00 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report Additional Business City Manager’s Report Citizen’s Communications – Identification Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the City Clerk. There is a (5) minute time limit per speaker. 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 a.City Council Meeting Minutes dated April 22, 23, 29, and May 2, 2019 b.Bills and Checks Issued c.Accept Sand Dunes Irrigation Piping and Power Project d.Accept Road L Water Main Project e.Accept Emergency Water Main Project Old Business #2 Ambulance Billing Policies Resolution 3763 Motion Presented by Brett Bastian, Fire Chief Summary: Council to review and consider adoption #3 Ambulance Billing Amending MLMC 2.30 Ordinance 2925 – 2nd Presentation Motion Presented by Brett Bastian, Fire Chief Summary: Council to review and consider adoption May 14, 2019, City Council Meeting – Page 2 #4 White Bikes, LLC Contract Amendment Motion Presented by Spencer Grigg, Parks Director Summary: Council to review and consider authorization #5 Camping Penalty Amending MLMC 9.18 Ordinance 2927 Motion Presented by Kevin Fuhr, Police Chief Summary: Council to review and consider adoption New Business #6 Conservation Amendment for WSDOT Wetland Bank Instrument Motion Presented by Kris Robbins, Associate Planner Summary: Council to review and consider approval #7 Voucher Audit Amending MLMC 3.40.030 Ordinance – 1st Presentation Presented by Cindy Jensen, Finance Director Summary: Council to review and provide direction to staff #8 Election of Homeless Program Resolution 3764 Motion Presented by Kevin Fuhr, Police Chief Summary: Council to review and consider adoption Administrative Reports Council Communications and Reports Executive Session Potential Litigation pursuant to RCW 42.30.110(1)(i) Adjournment MOSES LAKE CITY COUNCIL April 22, 2019 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 3:01 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Leonard, and Hankins. Absent: Council Members Riggs and Myers. NEW BUSINESS #1 Resolution Declaring an Emergency The resolution identifies an emergency and authorizes the award of a contract without having to go through the long statutory requirements for bidding. Action taken: Council Member Hankins moved to adopt Resolution 3762, second by Deputy Mayor Curnel. The motion carried 5 – 0. #2 Award Emergency Water Line Repair Contract Staff received two quotes for the emergency water works project that exceeded the City Manager’s spending authority established by Resolution 3668. Council discussed amending the spending authority to match the state maximum in order to expedite future repairs. Action taken: Council Member Leonard moved to award the emergency water line repair contract to Pegram Construction in the amount of $113,561.75, second by Deputy Mayor Curnel. The motion carried 5 – 0. ADJOURNMENT The special meeting was adjourned at 3:14 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk MOSES LAKE CITY COUNCIL April 23, 2019 STUDY SESSION A study session was held prior to the regular meeting to discuss the Ambulance Billing Process. Chief Brett Bastian reviewed the pamphlet he prepared with the City Manager and Finance Director for this session. Council requested staff draft a billing insert to inform the public about the monthly ambulance billing fee and how it effects ambulance services and not the ambulance service billing directly. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard, Riggs, and Hankins. PLEDGE OF ALLEGIANCE Chamber of Commerce Director Debbie Doran-Martinez led the Council in the Pledge of Allegiance. SUMMARY REPORTS: MAYOR’S REPORT Mayor Liebrecht presented a recognition certificate, city pin, and folded US Flag to each of the following Moses Lake High School 2019 graduates entering various branches of the military: Faith Callaway, Ethan Cejka, Adrean Negrete, Gaven Allison, Sabrina Tarango, Carlos Morales, Jr, and Cody Johnson. The following three recruits were unable to attend the meeting and received their certificates after the meeting: Julia Gutierrez- Carsten, Michael Iverson, and Estrella Ceja. CITY MANAGER’S REPORT New City Employees City Manager John Williams introduced the new Communications Specialist Lynne Lynch. Fire Chief Brett Bastian introduced our newest Firefighter Lynn Falconer. PRESENTATION #1 The Driftmier Architects – Larson Rec Center Cost Estimates Principal Architect Lee Driftmier provided slides to illustrate the square foot options for a new Rec Center. Council concurred to draft plans for a 30k square foot facility at roughly $300 per square foot. Staff will present different financing options for Council to choose from. The remodel of the existing Parks Department office building to Police space will be assessed once a new recreation building is closer to a construction phase. CITY COUNCIL MINUTES – April 23, 2019 pg. 2 CONSENT AGENDA #2 a. City Council meeting minutes dated April 9th b.Claims in the amount of $788,325.29 and prepaid claim checks in the amount of $1,636,192.03 c.Award HVAC Project for Fire Station 1 d.Award Annual Citywide Crack Seal Project e.Accept Harley B. Short Plat Improvements Resolution 3761 f.Accept Large Water Meter Vault Project – 2018 Rebid Action taken: Council Member Riggs moved to approve the Consent Agenda, second by Council Member Myers. The motion carried 7 – 0. NEW BUSINESS #3 Clover Drive Vacate Ordinance 2923 1st presentation of the ordinance occurred at the last regular meeting. A correction adding an easement clause to the ordinance was distributed at the meeting. Staff discovered that the legal description on the revised document will need another modification. The ordinance will vacate a portion of city right-of-way. Action taken: Council Member Leonard moved to adopt Ordinance 2923 with staff’s amendment to the legal description, second by Council Member Jackson. The motion carried 6 – 0. Deputy Mayor Curnel recused himself from the vote. #4 Business License Amendments Ordinance 2924 1st presentation of the ordinance occurred at the last regular meeting. The ordinance provides changes required to meet the application requirements for the new State Department of Revenue partnership. Action taken: Council Member Jackson moved to adopt Ordinance 2924, second by Council Member Leonard. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Finance Director Cindy Jensen announced the Spring Clean Up event being held May 4th and 11th from 9 am to 2 pm at Lauzier Park and Surf N Slide Park respectively. This information was sent out as an insert in utility bills and will be posted online. She also shared that a contract has been signed for a new software system which will eliminate recent payroll errors. City Manager John Williams advised that the Communications Specialist will be working with the Parks Department to distribute flyers containing new scoreboard and lighting amenities. Information on the dedication events for the amenities will be announced once planned. Police Chief Kevin Fuhr distributed flyers at the meeting showing a proposed needle drop box to be placed in the community to enhance the Needle Exchange Program to eliminate the spread of disease and decrease the quantity of needles found in parks and vacant property. COUNCIL COMMUNICATIONS AND REPORTS – no action taken. CITY COUNCIL MINUTES – April 23, 2019 pg. 3 EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 8:01 p.m. to be held for 15 minutes to discuss litigation pursuant to RCW 42.30.110(1)(i) with no action to follow. Mayor Liebrecht extended the session for 10 minutes at 8:16 p.m. ADJOURNMENT The regular meeting was adjourned at 8:30 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk MOSES LAKE CITY COUNCIL April 29, 2019 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 9:00 a.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Council Members Jackson, Myers, Leonard, Riggs, and Hankins. Absent: Deputy Mayor Curnel. Action taken: Council Member Riggs moved to excuse Deputy Mayor Curnel, second by Council Member Leonard. The motion carried 6 – 0. EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 9:01 a.m. to be held for 30 minutes to discuss litigation pursuant to RCW 42.30.110(1)(i) with possible action to follow. City Attorney Katherine Kenison extended the session for 30 minutes at 9:30 a.m. Mayor Liebrecht extended the session for 10 minutes at 10:01 a.m. The meeting reconvened at 10:11 a.m. Action taken: Mayor Liebrecht moved to put City Manager John Williams on Administrative Leave indefinitely, second by Council Member Jackson. The motion carried 6 – 0. ADJOURNMENT The special meeting was adjourned at 10:15 a.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk MOSES LAKE CITY COUNCIL May 2, 2019 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 9:15 a.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL Present: Mayor Liebrecht; Council Members Myers, Leonard, Riggs, and Hankins. Absent: Deputy Mayor Curnel and Council Member Jackson. Action taken: Council Member Leonard moved to excuse Deputy Mayor Curnel and Council Member Jackson, second by Council Member Myers. The motion carried 5 – 0. EXECUTIVE SESSION Mayor Liebrecht called an Executive Session at 9:17 a.m. to be held for 15 minutes to discuss litigation pursuant to RCW 42.30.110(1)(i). Mayor Liebrecht extended the session for 10 minutes at 9:30 a.m. Mayor Liebrecht extended the session for 5 minutes at 9:40 a.m. The meeting reconvened at 9:46 a.m. NEW BUSINESS Consideration for Substitute City Manager Action taken: Council Member Riggs moved to establish a Substitute City Manager position pursuant to RCW 35A.13.150 from a qualified member of the staff during the absence of the current City Manager, second by Council Member Hankins. The motion carried 5 – 0. Action taken: Council Member Hankins recommends Police Chief Kevin Fuhr as the Substitute City Manager, second by Council Member Riggs. The motion carried 5 – 0. ADJOURNMENT The special meeting was adjourned at 9:50 a.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Fred Snoderly, Municipal Services Director Date: May 9, 2019 Proceeding Type: Consent Agenda Subject: Accept Sand Dunes Irrigation Piping and Power Project - 2019 Legislative History: • First Presentation: • Second Presentation: May 14, 2019 • Action Motion Staff Report Summary Joe’s Excavation has completed the work on the Sand Dunes Irrigation Piping and Power Project – 2019 and it is ready to be accepted. Background The project consisted of installing a 4,500 feet of irrigation water main and direct bury power line. The work completed is in the amount of $116,211.29. The original contract price for the contract was $105,409.93. The additional cost was due to additional buried power that had to be installed to make the system work correctly. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Page 2 of 2 Options Option Results • Approve a motion to accept the project as presented. The 60 day lien period will begin. • Take no action. The project won’t be accepted at this time. Staff Recommendation Staff recommends accepting the Sand Dunes Irrigation Piping and Power Project - 2019. Attachments A. None Legal Review N-A Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Fred Snoderly, Municipal Services Director Date: May 9, 2019 Proceeding Type: Consent Agenda Subject: Accept Road L Water Main Project - 2019 Legislative History: • First Presentation: • Second Presentation: May 14, 2019 • Action Motion Staff Report Summary C and E Trenching has completed the work on Road L Water Main Project - 2019 and it is ready to be accepted. Background The project consisted of installing a mile of 12” water main with inline valves and fire hydrants on Road L between Nelson Road and Kinder Road. The work completed is in the amount of $500,148.14. The original contract price for the contract was $449,001.46. The additional cost was due to extra labor to dig through some caliche outcroppings encountered and work to repair existing valves for the Water Department. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Page 2 of 2 Options Option Results • Approve a motion to accept the project as presented. The 60 day lien period will begin. • Take no action. The project won’t be accepted at this time. Staff Recommendation Staff recommends accepting the Road L Water Main Project - 2019. Attachments A. None Legal Review N-A Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Fred Snoderly, Municipal Services Director Date: May 9, 2019 Proceeding Type: Consent Agenda Subject: Accept Emergency Water Main Project - 2019 Legislative History: • First Presentation: • Second Presentation: May 14, 2019 • Action Motion Staff Report Summary Pegram Construction, Inc. has completed the work on Emergency Water Main Project - 2019 and it is ready to be accepted. Background The project consisted of installing 800 feet of water main on Division Street and 5th Avenue to replace failing AC water main and repair the asphalt that was heaved and damaged due to the breaks. The work completed is in the amount of $144,874.81. The original contract price for the contract was $113,561.75. The additional cost was due to having to go outside of the original boundary of the project to correct damaged asphalt that was not seen until cleanup of the site was in progress. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Page 2 of 2 Options Option Results • Approve a motion to accept the project as presented. The 60 day lien period will begin. • Take no action. The project won’t be accepted at this time. Staff Recommendation Staff recommends accepting the Emergency Water Main Project - 2019. Attachments A. None Legal Review N-A Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Brett Bastian, Fire Chief Date: May 2, 2019 Proceeding Type: Old Business Subject: Resolution Adopting Ambulance Billing Policies Legislative History: • First Presentation: • Study Session: March 26, 2019 April 23, 2019 • Second Presentation: May 14, 2019 • Action: Motion Staff Report Summary The Ambulance Transport Billing Procedure, and EMS Financial Assistance Policy establish the procedures for billing for ambulance transports, and defines the criteria for the provision of financial assistance for EMS transports for citizens of the City of Moses Lake. Background Council requested staff to look into the collection of co-payments. Areas of contradiction within the existing municipal code chapter were found and have been addressed to ensure clear direction is contained therein for application of co-payment/co-insurance, as well as move the transport rate setting to the fee schedule and tie it to the same consumer product index the ambulance utility fee is tied to. The policies for transport billing and financial assistance are part of the package for updating and modifying the way citizens are billed for ambulance transports and provides a mechanism for providing financial assistance to citizens in need. Fiscal and Policy Implications Changes to the collection policy and rate setting are directly tied to the overall fiscal viability of the ambulance utility. Page 2 of 2 Options Option Results • Adopt the resolution as presented Provides a mechanism for providing financial assistance to those in need, and provides clear guidance on the ambulance billing procedure. • Modify the resolution Any directed changes could be incorporated into the policies. • Take no action No policy guidance would be presented, and no mechanism for providing financial assistance to those in need would be available under our current billing methodology. Staff Recommendation Staff recommends that Council adopt the resolution as presented. Attachments A. Resolution and Exhibits Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Policy Transport Billing Procedure Policy 03/22/2019 • Policy EMS Financial Assistance Policy and application 03/22/2019 RESOLUTION NO. 3763 A RESOLUTION SETTING FORTH THE POLICY FOR AMBULANCE TRANSPORT BILLING AND EMERGENCY MEDICAL SERVICES FINANCIAL ASSISTANCE, AND ESTABLISHMENT OF A FINANCIAL ASSISTANCE APPLICATION. RECITALS: 1. The City of Moses Lake intends to establish and revise from time to time the administrative policies guiding the operations and management of the city. 2. The City of Moses Lake has not previously had an Ambulance Transport Billing policy, nor has it had a policy for Emergency Medical Services Financial Assistance. RESOLVED: 1. The Moses Lake City Council adopts the Ambulance Transport Billing Policy and Emergency Medical Services Financial Assistance Policy attached as Exhibits A and B. 2. The Moses Lake City Council establishes a financial assistance application for Emergency Medical Services attached as Exhibit B Appendix. Adopted by the City Council of the City of Moses Lake on May 14, 2019. _________________________________ Karen Liebrecht, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Ambulance Transport Billing Page 1 1.0 REFERENCE Resolution 3763 Exhibit A. 2.0 PURPOSE 2.1 A system to accurately track and audit the billing procedure to ensure that each ambulance transport is billed appropriately. 3.0 DEFINITIONS 3.1 DEMOGRAPHICS DOCUMENT refers to the document containing patient information which is provided by the facility receiving that patient. 3.2 CENTRAL BONDED COLLECTORS, INC. means the collection agency the City currently contracts with for collection of delinquent accounts for transport fees. 3.3 MIR means Medical Incident Report. 3.4 PCR means Patient Care Report. 3.5 THIRD PARTY BILLING COMPANY means the billing company that the City currently contracts with to bill for transport fees. 4.0 RESPONSIBILITIES 4.1 Various personnel, including emergency medical employees and office staff, will be responsible for completing their assigned portion of the billing procedure. The Fire Chief has overall responsibility for ensuring that the billing procedure is completed. 5.0 GUIDELINES 5.1 After each transport is completed, and the patient has arrived at the receiving facility, the emergency medical employee responsible for the patient’s care during transport will obtain a patient demographics document from that facility. 5.2 If physically capable, the patient will be required to sign a release allowing the City to bill their insurance directly for the transport. If the patient is unable to sign the release due to their physical inability to do so, the City will bill their insurance as a courtesy to the patient. Ambulance Transport Billing Page 2 5.3 The demographics document will be sent with that patient’s MIR/PCR to the third party billing company for billing. 5.4 Upon receipt of the MIR/PCR by the third party billing company, all accounts are set up and charges are entered within three days. Once this entry is completed, all charges with sufficient information are billed directly to an insurance company, while those accounts without sufficient billing information are billed directly to the patient along with a form requesting insurance information. 5.5 Items billed directly to an insurance company are reviewed monthly. Rebilling and additional information is provided as necessary. After all appropriate insurance payments have been received; a private statement is generated and mailed to the patient if there is a legally collectable balance. 5.6 Patient inquiries are handled via a nationwide toll free telephone line to the third party billing company. All employees of the third party billing company are cross trained on all accounts, so the person answering the phone will usually be able to handle the patient’s questions without having to forward that call to someone else. 5.7 Payments are typically mailed directly to the third party billing company’s post office box. They are always made payable to City of Moses Lake, never to the third party billing company. Those payments are then deposited in a bank account established by the City of Moses Lake Finance Department, with copies of the deposit slip mailed to the City of Moses Lake Finance Department. The third party billing company has “deposit only” access to this account. 5.8 The third party billing company initiates any refunds to patients or insurance companies by the use of a “Refund Request Form” along with the supporting documentation. Refunds will be processed through the established voucher process for accounts payable. 5.9 As long as a patient has a private balance owing, they will continue to receive monthly statements until the account is paid in full or determined to be uncollectible. If the third party billing company has received no payment and no contact from the patient after the second statement is mailed, they will attempt to make phone contact to encourage the patient to set up a payment plan. They will explain that there are no finance charges and even a small monthly payment will demonstrate the patient’s cooperation in getting the account paid. 5.10 For those accounts that result in mail returned, phone disconnected, or no response, the third party billing company will make a final call to the hospital to Ambulance Transport Billing Page 3 see if they have any updated information. Typically, these accounts have already been turned over to collections or written off by the hospital. If the patient received debt forgiveness from the hospital, an indigent care application is mailed to the patient. In the rare situation that the hospital has new billing information, the third party billing company will follow up with this information. If no further information is available from the hospital, these accounts are deemed uncollectible. 5.11 For those guarantors owing $100 or more who have not responded prior to the mailing of the fourth statement, a collection notice is sent with the fourth and final statement. This notice includes a date by which the patient must respond to avoid collections. If no response is forthcoming, the account is then turned over to “Collections Services Company” for follow-up and adjustment off the accounts receivable. If we have no correct address, the account is sent directly to Central Bonded Collectors without this notice. Those accounts of $99.99 or less are adjusted off the accounts receivable. A list of patients deemed uncollectible is available in the monthly reports sent to the Fire Department by the third party billing company. 5.12 If a patient has returned an indigent care application to the third party billing company’s office, it is forwarded to the City Finance Director with any other pertinent information they have regarding this account with a recommendation. The Finance Director is responsible for reviewing this information under the guidelines set forth by the Indigent Care Policy. If a patient is to receive debt forgiveness, the Finance Director signs an authorization to write off the account and faxes it back to the third party billing company. 5.13 Once per month, after the final charges for the month have been entered, a month-end process is performed. This process generates the monthly private statements, ages the account receivable and produces the monthly reports, which are sent to the Fire Department. These reports detail the monthly activity on the City’s accounts. 5.14 It should be emphasized that these are guidelines. Because the third party billing company works closely with the patients and the fire department staff to resolve billing issues, there will be situations which require a reasonable degree of flexibility. EMS Financial Assistance Page 1 1.0 REFERENCE Resolution 3763 Exhibit B. WAC #246-453-001 through #246-453-060. 2.0 PURPOSE 2.1 It is the policy of The City of Moses Lake that no person will be denied needed pre-hospital health care services because of an inability to pay for such service. The City Fire Department will provide needed pre-hospital services without discrimination to those persons with no, or inadequate means to pay for needed care. 2.2 The City of Moses Lake will use the most recent Federal Poverty Guidelines to implement a process for debt forgiveness detailed in the Financial Assistance Policy. The City Council reserves the right to extend debt forgiveness to persons unable to complete the required application process. The Council will review this on an individual basis. 2.3 Financial Assistance applications are available upon request through the third party billing company. The third party billing company will be responsible for obtaining approval signatures for write-offs from The City of Moses Lake at the time that each application is processed. The City will be kept informed on a regular basis of the activity of the financial assistance accounts, and the amount of fees being written off. 3.0 DEFINITIONS 3.1 DEBT FORGIVENESS is the act of canceling a debt owed to the City for services rendered either partial or in full. 3.2 FINANCIAL ASSISTANCE shall refer to the act of providing medical assistance to persons without ability to pay for such services, either partial or in full payment, i.e. also known as INDIGENT CARE. 4.0 RESPONSIBILITIES 4.1 The billing company utilized by The City of Moses Lake ascertains whether those persons claiming to need financial assistance, actually meet criteria according to the current Federal Poverty Guidelines. These guidelines are also used by hospitals to establish the need for economic assistance. EMS Financial Assistance Page 2 4.2 It is the responsibility of the third party billing company to notify the City of the existence of such accounts. Supplemental information, such as income level, cost of living, etc. is also provided. 4.3 It is the responsibility of the Finance Director to review the documentation requesting debt forgiveness according to the financial assistance guidelines. The Finance Director signs the approval document and faxes it back to the third party billing company. A copy of this request is kept on file for future reference at both locations. The City of Moses Lake is kept informed of the financial assistance account activity on a monthly basis. 5.0 GUIDELINES 5.1 The following are the guidelines for determining the financial status of those parties applying for debt forgiveness from the City. 5.1.1 The following criteria will assist staff in making consistent and objective decisions regarding the eligibility for financial assistance while ensuring the maintenance of a sound financial base: A. Service Categories: Emergency medical services will be provided for persons needing financial assistance. B. Eligibility Criteria: Debt forgiveness is secondary to all other financial resources available to the patient including insurance, government programs, third party liability, and liquid assets. C. Full debt forgiveness will be provided to a patient with a gross family income at or below 100% of current published Federal Poverty Income Guidelines. D. A partial debt forgiveness schedule will be used to determine financial assistance according to current published Federal Poverty Income Guidelines. E. Debt forgiveness may be provided to a responsible party with gross family annual income greater than 200% of the federal poverty guidelines if circumstances such as extraordinary non-discretionary EMS Financial Assistance Page 3 expenses, future earning capacity, and the ability to make payments over an extended period of time warrant consideration. F. Reasonable payment arrangements, consistent with the eligible responsible party’s ability to make payments, will be extended for amounts not eligible for debt forgiveness. Up to four monthly payments without interest may be arranged. The City reserves the right to revoke any debt forgiveness and assign all unpaid balances to collections if an extended payment agreement is in default. 5.1.2 Eligible Determination: Requests for consideration may be proposed by sources such as physician, community or religious groups, social services, hospital personnel, the patient, guarantor, or family member. The City will use an application process through their third party billing company, for determining initial interest in and qualification for financial assistance. The City’s decision to provide debt forgiveness in no way affects the responsible party’s financial obligations to physicians or other healthcare providers. A. The City will base their decision of eligibility based upon the data gathered via the third party billing company, along with their recommendation. B. Applications for debt forgiveness are available through the third party billing company upon request. C. Criteria for meeting debt forgiveness eligibility are verified through utilization of the current “Federal Poverty Guidelines”, also utilized by most healthcare institutions. The third party billing company utilizes documentation provided by the patient to verify the need for charity. Such documentation may include tax returns, payroll check stubs, letters of verification of absence of income from responsible parties, etc. D. All documentation is forwarded from the third party billing company to The City of Moses Lake for review and approval for those cases that meet financial assistance criteria. The request is signed by the Finance Director at The City of Moses Lake and returned to the third party billing company. A copy of this documentation is also kept by The City of Moses Lake. EMS Financial Assistance Page 4 E. A letter of denial is sent by the third party billing company on behalf of The City of Moses Lake to those persons not meeting Financial Assistance Policy requirements. F. Appeals: The responsible party may appeal the determination of eligibility for debt forgiveness by providing additional information of verification of income or family size to the third party billing company. G. The City realizes that certain persons may have no financial means to pay for their transport services, but also lack the social network/family necessary to help them complete any paperwork required to apply for financial assistance. It is with this limited population in mind, that the City realizes that there may be individual cases in which there will be no application process completed. The third party billing company will notify the Finance Director when these situations occur. 6.0 ADDITIONAL REFERENCES 6.1 Reports of financial assistance allowances are available from the third party billing company upon request. 7.0 APPENDIX Application Form Name Marital Status Social Security Number Street Address City, State, Zip Code How long at this address? Employer's Name (if employed, how long?) Employer Address Business Phone No. Position / Title Monthly Income- Gross Monthly Income- Net Number of dependents under the age of 18 Other qualified dependents Name Social Security Number Street Address City, State, Zip Code How long at this address? Employer's Name (if employed, how long?) Employer Address Business Phone No. Position / Title Monthly Income- Gross Monthly Income- Net INCOME SOURCE ** (Please see notes below on documentation) AMOUNT (per month) COMMENTS Public Assistance (Per Month) $ Social Security Income (Per Month) $ Unemployment Compensation (Per Month) $ Worker's Compensation (Per Month) $ Alimony / Child Support $ Pension, Retirement Income $ Dividends, Interest $ Savings/Checking $ Other Income (Please Explain) $ RESPONSIBLE PARTY SPOUSE Patient Name: Incident Date: Comments: FINANCIAL ASSISTANCE APPLICATION City of Moses Lake Ambulance c/o EF Recovery PO Box 590, Gig Harbor, WA 98335 Phone: 1-888-241-2043 Fax: 1-253-853-1338 billing@efrecovery.com THIS SECTION TO BE COMPLETED BY BILLING AGENCY OTHER MISCELLANEOUS HOUSEHOLD INCOME PER MONTH OTHER PERTINENT INFORMATION List any other information that you feel may influence a decision regarding your account: **Note the source of your income listed and attached income documentation. Examples of documentation you may use to support your income amounts recorded above would be: paycheck stubs, income tax return, W-2s, letter from employer, award letter from DSHS, VA or Social Security benefit determination letter, worker’s compensation award notice, verification of child support through copy of decree, or actual check from supporting parent. In completing this financial statement, I hereby affirm that the above statements are correct and complete, and I give my consent to further verification by XXXX or its agents. Signature Date Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Brett Bastian, Fire Chief Date: May 2, 2019 Proceeding Type: Old Business Subject: Ordinance to update MLMC 2.30 Emergency Medical Service Legislative History: • First Presentation: • Study Session: March 26, 2019 April 23, 2019 • Second Presentation: May 14, 2019 • Action: Motion Staff Report Summary Moses Lake Municipal Code Chapter 2.30 addresses Emergency Medical and Ambulance Service within the City of Moses Lake. Revisions to the code section addresses the collections policy, rate setting through the adopted fee schedule, and co-pay / co-insurance payment. Background Council requested staff to look into the collection of co-payments. Areas of contradiction within the existing municipal code chapter were found and have been addressed to ensure clear direction is contained therein for application of co-payment/co-insurance, as well as move the transport rate setting to the fee schedule and tie it to the same consumer product index the ambulance utility fee is tied to. Fiscal and Policy Implications Changes to the collection policy and rate setting are directly tied to the overall fiscal viability of the ambulance utility. Page 2 of 2 Options Option Results • Adopt the ordinance amending MLMC 2.30 Updates the code sections to remove contradictory language, moves the transport rate setting to the fee schedule and ties it to the CPI index. • Take no action. The current procedures would continue to be followed. Staff Recommendation Staff recommends Council adopt the ordinance as presented. Attachments A. Draft Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance MLMC 2.30 03/22/2019 ORDINANCE NO. 2925 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SECTIONS 2.30.050 TITLED “EMERGENCY MEDICAL AND AMBULANCE SERVICE RATES”, AND 2.30.060 TITLED "BILLING FOR AMBULANCE SERVICE", AND REPEALING SECTION 2.30.170 TITLED "BILLING FOR AMBULANCE TRANSPORTS", OF THE MOSES LAKE MUNICIPAL CODE CHAPTER 2.30 TITLED "EMERGENCY MEDICAL AND AMBULANCE SERVICE" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 2.30.170 of the Moses Lake Municipal Code titled "Billing for Ambulance Transports" is repealed in its entirety. Section 2. Section 2.30.050 of the Moses Lake Municipal Code titled “Emergency Medical and Ambulance Service Rates” is amended as follows: 2.30.050 Emergency Medical and Ambulance Service Rates The rates for emergency medical and ambulance services shall be assessed in accordance with the adopted fee schedule. Additional service fees for professional services, medical supplies, and other items expended in the transfer, transport, or treatment of the patient shall be assessed in accordance with the adopted fee schedule. The rates adopted for particular levels of services shall be adjusted each year beginning October 2019. These increases or decreases will become effective on January 1st of the following year. CPI calculations are based on the October year over year percentage change of the West Coast-B/C Earners and Clerical Workers (CPI-W) index. The annualized October CPI percentage increase is to be used. Section 3. Section 2.30.060 of the Moses Lake Municipal Code titled "Billing for Ambulance Service" is amended as follows: 2.30.060 Billing for Ambulance Service: Each person who utilizes the emergency medical and ambulance service shall be billed by the City at the rate set by resolution. The City Manager shall establish a procedure to bill and collect rates for the emergency medical and ambulance service. Under the procedure, the City may elect to bill the patient directly or bill the patient’s insurance company and if the patient’s insurance does not cover all the costs of ambulance service, bill the remaining balance to the patient directly. The City may contract with a billing service to bill and collect the rates for the emergency medical and ambulance service. Each person who is treated or transported by the City’s ambulance service shall be billed by the City at the rates set forth in the adopted fee schedule. The City may contract with a billing service to bill and collect the rates for the emergency medical and ambulance service. Co-payments and / or co-insurance payments required by the patient’s insurance carrier shall be the responsibility of the patient. The City shall maintain transport billing and financial assistance policies. Section 4. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication or its summary as provided by law. Adopted by the City Council of Moses Lake and signed by its Mayor on May 14, 2019. _______________________________________ Karen Liebrecht, Mayor Attest: __________________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: May 20, 2019 Date Effective: May 25, 2019 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Chief of Police From: Spencer Grigg, Parks & Recreation Director Date: May 7, 2019 Proceeding Type: New Business Subject: Modification of White Bikes LLC contract Legislative History: • First Presentation: May 14, 2019 • Second presentation: • Action: Motion Staff Report Summary Council approved White Bikes LLC the existing 2019 contract earlier this year which authorizes stand up paddle board, kayak and bicycle rentals on city property. Troy White with has requested that we modify his existing contract to include rental of canoes and sales of simple pre-packaged food and pre-packaged non-alcoholic beverages. Background The City of Moses Lake contractually (2018) authorized Troy White with White Bikes LLC to operate a stand up paddle board, kayak & bicycle concession operation based out of Neppel Park with other waterfront parks included as potential locations in 2018. The contract was renewed with the same terms in early 2019. Mr. White appeared at a City Council meeting in late April and requested modification of the contract to include rental of canoes and sales of pre-packaged food and beverage. Staff supports the rental of canoes but have concerns regarding sale of pre-packaged food & beverage in that we have discouraged such activity in our public parks for decades. If we allow Mr. White to sell these items in city parks, we will be “opening the gates” to anybody and everybody who wishes to do the same. We are concerned that a significant increase in such activity will result in too much commercial activity in locations that are designed for a recreational experience as opposed to a more commercial experience. Page 2 of 2 Fiscal and Policy Implications No fiscal impact. Options Option Results • Motion to authorize the City Manager to execute the agreement as presented or modified The city would modify the contract to include one or more of the requested changes to the document. • Take no action. The existing contract would stand as written without adding any additional items. White Bikes LLC would continue without adding rental of canoes and sales of pre-packaged food and beverage. Staff Recommendation Staff recommends the addition of canoes to the contract but does have concerns regarding allowing food and beverage sales on site. Attachments A. Contract w/highlighted changes Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel Contract Concessionaire Agreement 5/6/2019 CONCESSIONAIRE AGREEMENT PAGE 1 CONCESSONAIRE AGREEMENT 1. Preamble. This Concessionaire Agreement (“Agreement”) is entered into this 15th day of May, 2019, by the City of Moses Lake, Washington, (hereinafter referred to as the “City”), and White Bikes, LLC a Washington Limited Liability Company, (hereinafter referred to as the “User”). 2. Recitals. 2.1 The City is the owner of public parks known as Neppel Landing, Blue Heron Park, Cascade Park, Lower Peninsula Park, and Montlake Park (“Premises”) in which User desires to conduct business as a concessionaire renting stand-up paddle boards, kayaks, canoes, bicycles and the sale of simple pre-packaged food and pre-packaged non-alcoholic beverages. 2.2 The City desires to permit the User to use the park property identified below for the purpose of engaging in the concession activity referenced above, pursuant to the terms and conditions as set forth in the Agreement below. 2.3. The User desires to conduct its concession activities on City park property subject to the terms of the Agreement set forth below. 3. Agreement. In consideration of the promises and covenants set forth herein, the parties agree as follows: 3.1 The City hereby grants to the User an exclusive license to occupy and operate the park property identified on the attached Exhibit “A” pursuant to the terms of this Agreement and upon the terms contained herein. 3.2. The City hereby grants to the User such license for a period of 7 months, to terminate on the 15th day of December, 2019. 3.3 The User will use, maintain, and operate the premises solely as a Concession Stand to serve the public, as set forth herein, by providing rental of paddle boards, kayaks, canoes, bicycles and sales of simple pre-packaged food and pre-packaged non-alcoholic beverages. 3.4 The User will pay to the City, as rental and sales fees, an amount of 15% of gross revenues to be paid monthly. 3.5. The User shall not sub-license or lease any portion of the property identified in Exhibit “A” without the prior written consent and permission of the City. 3.6 The User will limit the hours and days of operation of the concession activities to the hours between 12:00 p.m. and 8:00 p.m. Monday through Saturday, and that the User will not permit any waste of the property or any of the improvements placed thereon. 3.7 That no improvements shall be placed upon the property identified in Exhibit “A” without the prior written permission and consent of the City. 3.8 The City may terminate this Agreement upon fourteen (14) days prior written notice to the other party. 3.9 The User agrees to conform to and obey all applicable state, federal, and local laws, rules, and regulations governing the use of the property. 3.10. The User shall take all reasonable steps to ensure the safety of Users of the property identified in Exhibit “A.” CONCESSIONAIRE AGREEMENT PAGE 2 3.11 User shall defend, indemnify, and hold harmless the City, it’s officers, officials, employees, and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, including specifically claims or suits based in whole or in part of deficient or inadequate or negligent acts or omissions on the part of the User, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by User in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 3.12 User shall procure and maintain, for the duration of the use or rental period, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the facilities and the activities of the User and his or her guests, representatives, volunteers and employees. User’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the User to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. 3.13 User’s required insurance shall be as follows: 3.13.1 General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, products liability, operations, products-completed operations and contractual liability. The City shall be named as an additional insured on User’s General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate. 3.13.2 The insurance policy shall contain, or be endorsed to contain that the User’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the User’s insurance and shall not contribute with it. 3.13.3 If the User maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the User, irrespective of whether such limits maintained by the User are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the User. 3.13.4 The User shall provide a certificate of insurance evidencing the required insurance before using the Premises. 3.13.5 Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. CONCESSIONAIRE AGREEMENT PAGE 3 3.14 That the City may terminate this license upon five days prior written notice to the User for any breach of the terms hereof. 4. Entire Agreement. This writing embodies the entire agreement between the parties and shall not be modified, unless put into writing. If this Agreement is amended by written consent of both parties, all amendments shall be attached to this Agreement and be made a part thereof. If any portion of this Agreement is declared to be invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect so long as the purpose of this Agreement shall remain. 5 Notices. Any notices required to be provided by one party to the other under this Agreement shall be in writing and may be delivered personally to the User or the City Manager or may be mailed by first class and registered mail, postage prepaid: To the City: To the User: City of Moses Lake White Bikes, LLC Attn: City Manager Attn: Troy White 401 S. Balsam 1116 S. Evergreen Drive. PO Box 1579 Moses Lake, WA 98837 Moses Lake, WA 98837 6. Venue and Jurisdiction. In the event of litigation between the parties related to this Agreement, the parties agree the proper venue is Grant County, Washington. 7. Construction of Agreement. In the event of a dispute between the parties as to the meaning of terms, phrases or specific provisions of this Agreement, the authorship of this Agreement shall not be cause for this Agreement to be construed against any party nor in favor of any party. The City of Moses Lake obligates itself to the terms of this Agreement by action of its council. By: __________________________________________ John Williams, City Manager The User obligates itself to the terms of this Agreement By: __________________________________________ Troy White, Registered Agent White Bikes, LLC CONCESSIONAIRE AGREEMENT PAGE 4 Exhibit “A” List of Waterfront Parks Approved for Paddleboard, Canoe, Kayak & Bicycle Rentals and Sales of Simple Pre-packaged Food and Pre-packaged Non-alcoholic Beverages Operated by White Bikes, LLC 1. Blue Heron Park – 111 Westshore Drive 2. Cascade Park – 2001 Valley Road 3. Lower Peninsula Park – 3919 Peninsula Drive 4. Montlake Park – 401 Linden Avenue 5. Neppel Landing (Park) – 104 S. Alder Street Page 1 of 2 STAFF REPORT To: City Council From: Kevin Fuhr, Police Chief Date: May 6, 2019 Proceeding Type: Old Business Subject: Ordinance Amending MLMC 9.18, Camping Fine Legislative History: • First Presentation: November 13, 2018 • Partial Code Change: • Remaining Code Change: Ordinance 2921 on April 9, 2019 May 14, 2019 • Action: Motion Staff Report Summary As requested by the Mayor and Council Members, attached is an Ordinance amending MLMC 9.18, Camping and adding a new section, 9.18.060 titled “Penalty for Violations”. Council previously adopted Ordinance 9.18, however, removed the penalty section. Without the penalty section the Ordinance in its entirety becomes unenforceable. Staff is requesting that the penalty section be reinserted into the Ordinance. Background The proposed changes have been presented previously and are necessary for the remainder of their respective Code section to be enforceable in light of the recent Boise decision. The Court ruled in the Boise decision that cities could not have “criminal” penalties for camping law violations. The proposed penalty section would allow officers to issue a civil penalty, not criminal, which would coincide with the Courts ruling. Without the penalty section other “camping” violations would also be unenforceable such as camping in city parks and parking lots during activities, sporting events and other such activities. Fiscal and Policy Implications None at this time. Most impacts will be staff time monitoring and enforcing Ordinance. Page 2 of 2 Options Option Results • Adopt Ordinance as presented Staff will enforce the prohibition of camping as adopted. • Take no action. Staff will not enforce the prohibition of camping. Staff Recommendation Staff recommends adoption of the Ordinance as presented. Attachments A. Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Amend MLMC 9.18 May 7, 2019 ORDINANCE NO. 2927 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING CHAPTER 9.18 TITLED “CAMPING” ADDING A NEW SECTION 9.18.060 TITLED “PENALTY FOR VIOLATIONS” Recitals: 1. Council adopted Ordinance 2921 on April 9, 2019 as amended, which excluded a penalty for violations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 9.18.060 titled “Penalty for violations” is added as follows: 9.18.060 Penalty for violations. Any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to the following penalties as set forth in MLMC Chapter 1.08: First violation within a twelve month period C-21 penalty Second and subsequent violation within a twelve month period C-18 penalty Each and every day, or portion thereof, that the violation continues shall constitute a separate violation. Section 2. Effective date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 14, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: May 20, 2019 Date Effective: May 25, 2019 Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Kris Robbins, Associate Planner Date: May 8, 2019 Proceeding Type: New Business Subject: WSDOT Wetland Bank & Conservation Easement Amendment Legislative History: • First Presentation: May 14, 2019 • Second Presentation: • Action: Motion Staff Report Summary Washington State Department of Transportation is requesting a correction to the Three Ponds Wetland Bank Instrument and Conservation Easement that was established back in the early 2000’s. The request is to approve a modified description to match the original intent of both the instrument and easement. Background The City of Moses Lake and Washington State Department of Transportation have been working together over the years on the Three Ponds Wetland Bank that are located around the Japanese Gardens. This bank was established in or around 2002 and has been monitored by WSDOT. This wetland bank provides credits to WSDOT for projects for wetland protection requirements. In 2016, the City applied for and was awarded a QUADCO RTPO grant (Quad-County Regional Transportation Planning Organization) to provide a trail around the bank area that is adjacent to Pioneer Meadows Apartment Complex to provide access between Pioneer Way and Division Street. During this process, the City noted the need for additional property within the bank area to provide sufficient trail width requirements pursuant to the grant. To get the property, the City provided a request to the Mitigation Banking Oversight Committee that approves and regulates these areas. Their findings (attached) noted that the bank boundary needed to be modified. This required some investigation and a discrepancy was found within the instrument and easement. Page 2 of 2 In the documentation it was also requested to vacate a portion of Alder Street. Per our City Surveyor, this portion of right-of-way was deeded to the city and does not need to be vacated. It can be incorporated into the legal description of the easement and instrument with no additional process of the City. City staff have been working on this and due to staff changes it has caused a bit of a delay. We are now on track and working to: get the correction to the boundary and agreements with WSDOT; provide new boundary and wetland delineation for approval by the Oversight Committee; and continue with the design for the path project as required by the grant. Fiscal and Policy Implications No fiscal impact. Options Option Results • Accept modification to the Wetland Bank Instrument and Conservation Easement. Recording of new agreements with WSDOT and proceed with other items as noted above. • Take no action. Will need to withdraw QUADCO grant approval. Result with WSDOT is unknown. Staff Recommendation Staff recommends that the Moses Lake City Council allow the City Manager to sign the modified agreement. Attachments A. Email and maps of Wetland Bank Legal Review N-A Page 1 of 2 STAFF REPORT To: Kevin Fuhr, Police Chief From: Cindy Jensen, Finance Director Date: May 6, 2019 Proceeding Type: New Business Subject: An Ordinance Amending MLMC 3.40.030 regarding Auditing Certification for Vouchers Legislative History: • First Presentation: • Second Presentation May 14, 2019 May 28, 2019 • Requested Action: 1st Presentation Staff Report Summary RCW 42.24 governs the process for audit and review of payroll and claims payments for the City. Our current practice is to provide detailed reports of all Accounts Payable items in each Council packet according to Moses Lake Municipal Code 3.40.030. State law allows Council to approve claims and payroll paid at a summary level, if certain stipulations are met. We are proposing an amendment to our MLMC to allow this summarization once a month for the prior month activity. An example of the monthly consent agenda item is attached. Background The City Council designated the Finance Director as the Auditing Officer and authorized bills to be paid prior to the Council Meetings in 1986. Our current practice is to have Department heads authorize bills for payment prior to sending to Finance. Then the Account Payable Clerk audits the bills for accuracy, and the Finance Director does a final review for propriety. This fulfills the requirement in RCW 42.24.080 to attest 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 Page 2 of 2 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, and is therefore able to send the claims for Council approval at a summary level. Fiscal and Policy Implications Preparing the extensive list of claims every Council meeting takes more resources for the Accounts Payable Clerk and City Clerk, who will both have a more efficient process and be able to reassign this time to other job duties. Additionally, this agenda item is typically about 30 pages of information, and reducing this to just a few pages will save in printing costs, as well. In 2018 we estimated that almost 2 cases of paper was used just to print the packets for distribution. Options Option Results • Adopt the Ordinance Create a more efficient process for reporting claims payments to City Council • Modify the Ordinance Council could stipulate certain kinds or amounts of claims should not be paid before Council review. • Do not adopt the Ordinance Maintain the same cumbersome system of approving claims Staff Recommendation Staff recommends City Council review the draft ordinance and provide direction to staff. Attachments A. Ordinance B. Example Monthly Staff Report Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Voucher Audit Amendments 04/23/2019 ORDINANCE – 1st Presentation AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SUBSECTION 3.40.030 TITLED “AUDITING CERTIFICATION” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Subsection 3.40.030 Of the MLMC titled “Auditing Certification” is amended as follows: 3.40.030 Auditing Certification: To indicate City Council approval for payment of those vouchers audited and certified by the Finance Director, the following statement must be entered in the City Council minutes: Vouchers audited and certified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the City Council for approval. As of __________ the City Council does approve for payment claims in the amount of __________; prepaid claims in the amount of ______________; claim checks in the amount of ________________; and payroll in the amount of ________________ . Claim Checks ##### through ###### in the amount of $________________ and Payroll Checks ##### through ##### in the amount of $_______________ Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 28, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: Date Effective: To: John Williams, City Manager From: Cindy Jensen, Finance Director Council Meeting Date: Month dd, 2019 Proceeding Type: Consent Agenda Subject: Monthly Disbursement Report The following amounts were budgeted and sufficient funds were available to cover these payments: Claim Checks ###### - ###### $xxx,xxx,xxx.xx Payroll Checks ###### - ###### $xxx,xxx,xxx.xx 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 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 monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the month 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 available from 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 Director of Finance and Budget 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. Page 1 of 2 STAFF REPORT To: City Council From: Kevin Fuhr, Police Chief Date: May 7, 2019 Proceeding Type: New Business Subject: City to Operate its own Homeless Program Legislative History: • First Presentation: May 14, 2019 • Second Presentation: • Action: Motion Staff Report Summary The resolution is to adopt a City of Moses Lake homeless program to be able to receive a percentage of real estate excise tax monies. Background Grant County currently manages homeless programs for the City. The City would like the ability to enact its own homeless program for city residents, and to do so, would need to adopt the attached resolution to be able to collect real estate excise tax monies to fund a homeless program. Fiscal and Policy Implications The adoption of this resolution would allow the city to collect approximately $200,000 in excise tax monies. Options Option Results • Adopt resolution Request funds from the county to enact our own homeless program • Take no action. County programs remain the same Page 2 of 2 Staff Recommendation Staff recommends adoption of the resolution. Attachments A. 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 Homeless Program 4-23-2019 RESOLUTION NO. 3764 A RESOLUTION RELATING TO THE ELECTION OF THE CITY TO OPERATE ITS OWN HOMELESS PROGRAM UNDER CHAPTER 43.185 RCW. RECITALS: 1. In 2005, the Washington State Legislature enacted the Homelessness Housing and Assistance Act, Chapter 43.185C RCW, to recognize that the fiscal and societal costs of homelessness are high for both the public and private sectors, and that ending homelessness should be a goal for state and local government. 2. RCW 43.185C.080 authorizes cities to assert responsibility for homeless housing within its borders by forwarding a resolution to the legislative authority of the county stating its intention and its commitment to operate a separate homeless housing program. 3. The City of Moses Lake shall then receive a percentage of the surcharges assessed under RCW 36.22.179 and RCW 36.22.1791 equal to the percentage of the City’s local portion of the real estate excise tax collected by Grant County and may also then apply separately for homeless housing program grants. 4. The City of Moses Lake additionally plans to pursue Homelessness Housing Grant funds managed by the Department of Commerce. 5. The City of Moses Lake intends to remain a regional partner with all jurisdictions in the pursuit of future grant funding opportunities requiring multi-jurisdictional partnerships. RESOLOVED: 1. That the City of Moses Lake elects to operate its own homeless program and will meet all regulatory requirements required by the Department of Commerce. 2. That the City Manager be directed to forward a copy of this Resolution to the Grant County Commissioners. Adopted by the City Council of the City of Moses Lake on May 14, 2019. ___________________________________ Karen Liebrecht, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk