FINAL 2025 0211 Council Agenda PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, February 11, 2025
Moses Lake Civic Center – 401 S. Balsam or remote access*
Study Session
6 p.m. – City of Moses Lake Legislative Agenda 2025 Motion
Presented by GTH-Gov Consultants Briahna Murray and Colleen Meiners
Summary: Council to review and consider adoption
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Citizen’s Communications **
Summary Reports:
Mayor’s Report
Future Business. MLMC 2.08.050 states: An item may be placed on a Council meeting
agenda, in advance of posting an agenda, by any of the following methods: majority vote of
the Council; Council consensus; any three (3) Council members; the City Manager; a Council
Committee; or the Mayor.
City Manager’s Report
Public Hearing
#1 Title 15 Amendment – Local Projects Review Act Ordinance 3066 pg 4 Motion
Presented by Vivian Ramsey, Interim Community Development Director
Summary: Council to conduct hearing, review, and consider adoption
COML Council Packet 02-11-2025, Page 1 of 112
February 11, 2025, City Council Meeting Page 2 ____________________________
#2 Consent Agenda pg 12 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.
a.City Council Meeting Minutes Dated January 21, 2025
b.Claims and Payroll
c.SLCGP Cyber Security Grant Award
d.Accept Improvements Sand Hill Major Plat Resolution 4001
e.Industrial Wastewater Discharge Permit Group 14 BAM-2 Inc
f.Stormwater Comprehensive Plan Contract Addendum
Old Business
None Scheduled
New Business
#3 Emergency Interim Controls Land Use Ordinance 3067 pg 98 Motion
Presented by Vivian Ramsey, Interim, Community Development Director
Summary: Council to review and consider adoption
Administrative Reports
Council Committee Reports
Information Item
-Upcoming Agenda Items pg 111
Adjournment
Next Regular Council Meeting is scheduled for February 25, 2025
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
* Remote Options:
#1 MS Teams App or Online Join the meeting now Meeting ID: 228 225 564 820Passcode: Nu7rg7Qj
Or #2 MS Teams by phone (audio only) +1 509-707-9401,,13228888# United States, Moses Lake
Find a local number Phone conference ID: 132 288 88#
Or #3 - YouTube Live https://www.youtube.com/@MosesLakeCityCouncil/streams
COML Council Packet 02-11-2025, Page 2 of 112
February 11, 2025, City Council Meeting Page 3 ____________________________
** In person Citizen Comment or Public Hearing Comments form needs to be given to the Clerk prior to the
start of each meeting. The 5-minute time per speaker may be reduced to allow a maximum period of 30-
minutes for citizens who have signed up to speak. Click this link for remote speaker request forms which
must be completed by 3 p.m. on the day of the meeting. To be heard remotely during the live meeting –
select the Teams option 1 above.
COML Council Packet 02-11-2025, Page 3 of 112
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COML Council Packet 02-11-2025, Page 6 of 112
ORDINANCE 3066
AN ORDINANCE AMENDING THE MOSES LAKE UNIFIED
DEVELOPMENT CODE (MLUDC) 15.210.070 FINAL DECISIONS
AND NOTICE OF DECISION.
Recitals:
1.Chapter 36.70B RCW, the Local Project Review Act, includes requirements that govern
the review of project permit applications by local governments, including the City of
Moses Lake
2.During the 2023 legislative session, the Washington State Legislature passed, and the
Governor signed into law, Chapter 338, Laws of 2023, (“SB 5290”)
3.SB 5290 updated the Local Project Review Act with the intent of further consolidating,
streamlining, and improving project review and permitting with an emphasis on housing
development.
4.For projects which do not require public notice under RCW 36.70B.110, the new default
timeline is that the City should issue a final decision within 65 days of the determination
of completeness;.
5. For projects which require public notice under RCW 36.70B.110, the new default timeline
is that the City should issue a final decision within 100 days of the determination of
completeness.
6.For projects which require both public notice under RCW 36.70B.110 and a public
hearing, the new default timeline is that the City should issue a final decision within 170
days of the determination of completeness.
7.If the new default timelines are not met, then SB 5290 requires that a portion of the permit
fee must be refunded to the applicant unless the City has implemented at least three of the
options in RCW 36.70B.160(1)(a)-(j) at the time an application is deemed procedurally
complete.
8.Amendment to Moses Lake Unified Development Code (MLUDC) 15.210.070 Final
Decisions and Notice of Decision is required.
9.The amendments have been processed in compliance with State and Local regulations and
standards.
On January 13, 2025, the Washington State Department of Commerce Request for Review with
an Expedited Review required was transmitted
The City of Moses Lake issued a SEPA Determination of Non-Significance on January 14, 2025,
regarding this non-project action.
10.Upon due notice, the Planning Commission held a public hearing on January 30, 2025, to
consider and make recommendations on the amendments listed within the Staff Report
herein attached. At the close of the public hearing, the Planning Commission
recommended approval of the amendmments be forwarded to City Council for review.
11.On January 11 2025, the City Council held a public hearing on the Planning Commission's
recommendation on the amendments.
12.The City Council reviewed the complete record associated with all proposed amendments.
13.The City is committed to continuous process improvements with respect to the permitting
process and the systems that support that process
COML Council Packet 02-11-2025, Page 7 of 112
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Amendment to Moses Lake Unified Development Code (MLUDC) 15.210.070 Final
Decisions and Notice of Decision is hereby amended to read as follows.
15.210.070 Final Decisions and Notice of Decision.
A. When Required. A written Final Decision must be made for every application. A
Notice of Decision is required for all Type II and Type III applications.
B. Timing of the Decision. A Final decision on land use applications of the shall be
issued within the following time frames after a Determination of Completeness
has been issued:
Type 1- no later then, sixtySixty-five (65) calendar days
Type 2- for type 1, one One hundred (100) calendar
Type 3- days for type 2, and one One hundred seventy (170) calendar days
Type 4- Not subject to time frame
for type 3 style permits, after the date of the Determination of Completeness,
accepting permits covered under RCW 36.70B.140. If the Applicant informs the
City, in writing, that they would like to temporarily suspend the review of the
project, or is unresponsive, or if the applicant is unresponsive after a written
additional information request by the City, for more than sixty (60) consecutive
days an additional thirty (30) days may be added to the Final decision time frame.
Annual amendments to the Comprehensive plan are not subject to these
requirements per SB 5290.7.j.
If the Department is unable to issue its final decision on an application within the
time limits provided in this section, it shall provide written notice of this fact to the
Applicant. The notice shall include a statement of reasons why the time limits
cannot be met and an estimated date for issuance of the notice of final decision. In
determining the number of days that have elapsed after the Determination of
Completeness, the following periods shall be excluded:
1. Any period between the day that the Department has notified the Applicant, in
writing, that additional information is required to further process the
application and the day when responsive information is resubmitted by the
applicant.;
2. Any period after an applicant informs the Department, in writing, that they
would like to temporarily suspend review of the project permit application until
the time that the applicant notifies the Department, in writing, that they would
like to resume the application.
3. Any period after an administrative appeal is filed until the administrative appeal
is resolved and any additional time period provided by the administrative
appeal has expired.
4. Any extension of time mutually agreed upon by the applicant and the City.
COML Council Packet 02-11-2025, Page 8 of 112
C.Fee Collection. The portion of the fee refunded for missing
time periods shall be:
a.Ten percent if the final decision of the project
permit application was made after the applicable
deadline but the period from the passage of the
deadline to the time of issuance of the final
decision did not exceed 20 percent of the original
time period; or
a.b.Twenty percent if the period from the passage
of the deadline to the time of the issuance of the
final decision exceeded 20 percent of the original
time period.
DC. Writing Required. All Final Decisions must be in writing.
ED. Contents of a Final Decision – Type I. Final Decisions for Type I applications may
be memorialized and conveyed by the issuance of the requested permit. If the
permit is denied, then the decision shall be in writing with a short explanation or
basis for the denial, along with the rights and process for appeal, to be transmitted
directly to the Applicant.
FE. Contents of a Final Decision – Type II and Type III. Final Decisions for Type II and
Type III applications shall be in writing and contain the following information:
1. Findings of Fact;
2. Conclusions of Law; and
3. Appeal rights.
GF. Notice of Decision. Notice of a Final Decision may be the transmittal of the Final
Decision with or without a coversheet or additional information. For Type II project
permits, the Notice of Decision may be a copy of the final report, so long as the
transmittal includes any SEPA threshold determinations or Critical Area final
determinations if the project was not categorically exempt from such. For Type III
project permits, dissemination of the Hearing Examiner’s Decision shall constitute
a Notice of Decision. If any of the required contents of a Final Decision are not
included in that document, including especially the rights and process for appeal,
then this information shall be included with the transmittal of the Final Decision.
HG. Who Receives Notice of Decision. The Notice of Decision shall be provided
to:
1. The Applicant;
2. Any government agency that commented or requested notice;
3. Any person who testified at the hearing or who provided substantive written
comments on the application during the public comment period; and
4. Any persons who, prior to the rendering of the decision, requested a Notice of
Application or Notice of Decision.
HI. Other Requirements. The Notice of Decision shall provide notice of the decision
that also includes a statement of any threshold determination made under 43.21C
COML Council Packet 02-11-2025, Page 9 of 112
RCW (SEPA), and procedures for administrative appeal, if any.
IJ. Effective Date of Decision. The effective date of the Final Decision is date on which
the Notice of Decision was placed in the mail or sent electronically, whichever is
earlier.
KJ. Reconsideration of Hearing Examiner Decision.
1. A party of record, including the City, may petition for reconsideration of a Final
Decision issued by the Hearing Examiner in writing. The petition must be
submitted to the Department within fourteen (14) calendar days of the Notice
of Decision. The petition shall provide facts and arguments to establish the
applicability of one or more of the following:
a. Irregularity in the proceedings by which the moving party was prevented
from having a fair hearing;
b. Newly discovered evidence of a material nature which the moving party
applying for reconsideration could not have discovered and produced at the
hearing with reasonable diligence;
c. Errors in law or clear mistakes as to a fact that is material to the decision.
2. The Department shall forward the request for reconsideration to the Hearing
Examiner and notify all parties of record of the request for reconsideration.
3. Within fourteen (14) calendar days from the date the Hearing Examiner
receives a request for reconsideration, the Hearing Examiner shall issue a
written notification that the request has been denied or granted.
4. Prior to the Hearing Examiner issuing a decision on a request for
reconsideration, the Hearing Examiner may convene a hearing, allow for
comment, or continue a proceeding in such a manner as the Hearing Examiner
determines appropriate to ensure a fair, timely, and reasoned decision.
5. The Hearing Examiner’s decision on a request for reconsideration is not subject
to a request for reconsideration and shall be a final decision of the City.
6. If a timely request for reconsideration is filed, the time for appeal shall not
commence to run until the issuance of a written decision denying or granting a
request for reconsideration.
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
_____________, 2025.
COML Council Packet 02-11-2025, Page 10 of 112
________________________________________
Dustin Swartz, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote:
Date Published: 02-17-2025
Date Effective: 02-22-2025
COML Council Packet 02-11-2025, Page 11 of 112
MOSES LAKE CITY COUNCIL
January 21, 2025
CALL TO ORDER
The special meeting of the Moses Lake City Council was called to order at 1:42 p.m. by Mayor
Swartz in the Civic Center Council Chambers.
ROLL CALL
Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher,
Martinez, and Myers.
EXECUTIVE SESSION
Mayor Swartz called an Executive Session from 1:42 p.m. to 2:02 p.m. to discuss qualifications
of applicants for public employment pursuant to RCW 42.30.110(1) subsection (g).
Deputy Mayor Madewell reconvened the meeting at 2:02, with the exception of Mayor Swartz
and Council Member Lombardi who returned at 2:25 p.m.
Comp Plan Update Study Session
Design Engineer Levi Bisnett provided a slide deck to illustrate the Future Streets Map. Its
purpose is a planning tool for network connectivity, expansion, resiliency, investment and
improvements. He summarized the history of adopted maps and reviewed obstacles for
obtaining the shortest travel distances.
Interim Community Development Director Vivian Ramsey provided printed copies of the 2021
Comprehensive Plan Appendix: Capital Facilities Plan showing markup with proposed changes
for the Public Hearing on January 28.
Council and staff discussed increasing connections, reducing dead ends, reducing congestion,
SR-17 and I-90 impacts, differences between stakeholders and staff visions, future bridges, trail
development to right of way, and unused rail right of way. Staff agreed to add language on the
Future Streets Map that states its purpose.
City Manager Contract
Action taken: Deputy Mayor Madewell moved to authorize Mayor Swartz to execute a contract
with Rob Karlinsey for the position of City Manager, second by Council Member Martinez. The
motion carried 7 – 0.
ADJOURNMENT
The special meeting was adjourned at 3:17 p.m.
______________________________________
Dustin Swartz, Mayor
ATTEST____________________________
Debbie Burke, City Clerk
COML Council Packet 02-11-2025, Page 12 of 112
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Mayor and City Council 25820
Madeline Prentice Acting City
Manager Finance
2/11/2025 Consent Agenda
Disbursement report since January 28, 2025
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
1,904,783.84$ 1,904,783.84$ 0.00$
Staff recommends City Council motion to approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: N/A
Checks: 168670 - 168848 - $1,239,965.05
Payroll Checks: 01-31-2025 PR, #66603 - 66610 - $7,485.34
Electronic Payments: 01-31-2025 Direct Deposit - $657,333.45
Vouchers - 02.11.2025.pdf 122.28KB
COML Council Packet 02-11-2025, Page 13 of 112
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
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 had 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 it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections.
COML Council Packet 02-11-2025, Page 14 of 112
TOTALS BY FUND:
FUND NO FUND NAME
Est. Fund Bal.
01/29/2025 AMOUNT
Est. Fund Bal.
02/11/2025
001 GENERAL FUND 11,266,483 86,950.61 11,179,533
102 TOURISM 2,057,367 2,108.00 2,055,259
103 GRANTS AND DONATIONS 1,243,651 7,215.70 1,236,436
105 ARPA 2,454,483 - 2,454,483
110 HOMELESS SERVICES 721,837 3,239.25 718,598
111 OPIOID ABATEMENT 310,192 - 310,192
112 PUBLIC ARTS PROGRAM 87,185 278.38 86,906
114 PATHS/TRAILS 83,720 - 83,720
116 STREET 850,575 1,715.76 848,859
119 STREET REPR/RECON 3,737,708 199,651.74 3,538,056
170 TRANSPORTATION BENEFIT DISTRICT 3,103,582 - 3,103,582
282 LOCAL BORROWING 984,872 - 984,872
286 REFUNDING GO BONDS 2015 170,347 - 170,347
314 PARK & RECREATION IMPROVEMENTS 56,324 - 56,324
315 PARK MITIGATION CAPITAL PROJECTS 22,273 - 22,273
316 COMMUNITY SERVICES CENTER - - -
320 FIRE MITIGATION FUND 954,022 - 954,022
322 WATER REMIDIATION 1,421,070 10,101.50 1,410,968
411 WATER 8,161,025 17,849.33 8,143,175
412 WASTEWATER 2,934,541 14,405.04 2,920,136
450 2011 BOND FUND 10,304 - 10,304
451 2011 BOND FUND - RESERVE - - -
452 2004 BOND FUND 5,732 - 5,732
453 2004 BOND FUND - RESERVE - - -
471 WATER RIGHTS 1,612,030 - 1,612,030
477 WATER SEWER CONSTRUCTION 5,017,016 - 5,017,016
485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196
487 2015 GO BONDS REDEMPTION 6,617 - 6,617
490 SANITATION 3,040,101 487,948.73 2,552,152
493 STORM WATER 882,075 439.36 881,636
495 AIRPORT 72,467 - 72,467
498 AMBULANCE 1,423,739 15,837.82 1,407,901
501 UNEMPLOYMENT COMPENSATION INSURANCE 208,633 17,936.97 190,696
503 SELF-INSURANCE 619,302 - 619,302
517 CENTRAL SERVICES 971,541 94,367.33 877,174
519 EQUIPMENT RENTAL 2,522,230 22,211.53 2,500,018
528 BUILDING MAINTENANCE 1,910,618 252,791.76 1,657,827
611 FIRE PENSION 543,324 1,944.54 541,380
623 DEPOSIT 1,274,697 1,315.20 1,273,382
631 STATE 6,910 1,656.50 5,254
TOTAL 60,768,789$ 1,239,965.05$ 59,528,824$
City of Moses Lake
Tabulation of Claims Paid-Summary by Fund
Council Meeting Date-02/11/2025
COML Council Packet 02-11-2025, Page 15 of 112
Check Name Check Amount Check Date Invoice Description
168670 Lakeside Disposal, Inc 335,503.57 01/23/2025 Monthly Haul Contract Payment
168671 BEANZ LLC 543.52 01/23/2025 Refund Utility Overpayment
168672 BILLY SNIDER 171.08 01/23/2025 Refund Utility Overpayment
168673 BRANDON DAVIDSON 316.74 01/23/2025 Refund Utility Overpayment
168674 CODIGA JACOB L 44.54 01/23/2025 Refund Utility Overpayment
168675 CONTRERAS LUIS F 172.80 01/23/2025 Refund Utility Overpayment
168676 COURTNEY BASTIAN 332.00 01/23/2025 Refund Utility Overpayment
168677 DEANA ANN ZAY 202.02 01/23/2025 Refund Utility Overpayment
168678 ELIZABETH JANETOS 64.94 01/23/2025 Refund Utility Overpayment
168679 GINA BATES 372.44 01/23/2025 Refund Utility Overpayment
168680 JAGEN HARDER 145.28 01/23/2025 Refund Utility Overpayment
168681 JUSTIN SHEARS-HILLS 250.00 01/23/2025 Refund Utility Overpayment
168682 MARIO DURAN 114.60 01/23/2025 Refund Utility Overpayment
168683 NOFFKE HOMES LLC MV1 78.41 01/23/2025 Refund Utility Overpayment
168684 PETER GOLUB 1,036.40 01/23/2025 Refund Utility Overpayment
168685 REZA FIROUZI 144.01 01/23/2025 Refund Utility Overpayment
168686 ROGELIO MATEO 83.93 01/23/2025 Refund Utility Overpayment
168687 TERESA ERICKSON 175.58 01/23/2025 Refund Utility Overpayment
168688 A & H Printers Inc 775.78 01/24/2025 Flyers
168689 A M Hardware Company Inc 1,063.30 01/24/2025 Locks
168690 A S C A P 445.00 01/24/2025 2025 License Fee
168691 A-L Compressed Gases Inc 47.74 01/24/2025 Co2
168692 Ag Supply Ace Hardware 47.08 01/24/2025 Supplies
168693 Agri-Fix II, LLC 3,359.59 01/24/2025 Wheel Repair
168694 Airlift Northwest 48.07 01/24/2025 2502 - Airlift Zachary Jennings
168695 Anatek Labs, Inc.1,615.00 01/24/2025 Sample Testing
168696 Anatek Labs, Inc. -Yakima 780.00 01/24/2025 Sample Testing
168697 Aquatic Specialty Services Inc 950.00 01/24/2025 Afo Class Registration
168698 Asbestos Central, LLC 2,850.00 01/24/2025 Inspection @ Sleep Center
168699 Assoc Of Grant Co Cities 25.00 01/24/2025 Agcct Annual Dues - 2025
168700 Azteca Systems Holdings LLC 81,842.00 01/24/2025 2025 Cityworks
168701 B M I 446.00 01/24/2025 Ltac Reimbursement
168702 Battery Systems Inc 335.73 01/24/2025 65-85 Batteries
168703 Becker Arena Products Inc 2,408.68 01/24/2025 Acrylic Panels
168704 Bound Tree Medical LLC 666.15 01/24/2025 Medical Supplies
168705 Bowman Consulting Group Ltd.6,003.75 01/24/2025 Water Sewer Rate Study
168706 Brian Koblenz 1,638.35 01/24/2025 Annual Subscription
168707 Brown Industries 32.50 01/24/2025 Operating Supplies
168708 Centurylink 84.03 01/24/2025 Telephone Services
168709 Consolidated Electrical Distributors Inc 3,211.15 01/24/2025 Electrical Supplies/Lights
168710 Copiers Northwest Inc 250.61 01/24/2025 Equipment Contract Fees
168711 Devries Information Mgmt 261.10 01/24/2025 On-Site Record Destruction
168712 Direct Mail, Inc 553.80 01/24/2025 Columbia Basin Ad - Lrc
168713 Drone Sense, Inc.6,293.00 01/24/2025 Drone Annual
168714 Faber Industrial Supply 3,918.64 01/24/2025 Parts/Supplies
168715 Grainger Parts Operations 127.57 01/24/2025 Parts/Supplies
City of Moses Lake
Checks Issued with Summary Description
For February 11th, 2025 Council Meeting
COML Council Packet 02-11-2025, Page 16 of 112
168716 Home Depot Pro (Supplyworks)2,582.45 01/24/2025 Custodial Supplies
168717 Inland Pipe & Supply Company 216.92 01/24/2025 Misc. Parts
168718 Jerrys Auto Supply 491.83 01/24/2025 Equipment Supplies
168719 K C D A 56.17 01/24/2025 Hula Hoops
168720 Kent D. Bruce Co LLC 600.15 01/24/2025 Antennas
168721 Law Enforcement Information & Records 50.00 01/24/2025 Annual Fee
168722 Life -Assist, Inc.4,356.06 01/24/2025 Medical Supplies
168723 Life Flight Network 18.75 01/24/2025 2502 - Life Flight Zachary Jennings
168724 Med Tech Resource Inc 932.45 01/24/2025 Medical Supplies
168725 Mid-American Research Chem 1,469.10 01/24/2025 Deodorizer Blocks
168726 Moon Security Services Inc 93.35 01/24/2025 Security @ Annex - Jan 25
168727 Moses Lake Senior Center 30,000.00 01/24/2025 2025 Annual Support
168728 National Event Publications 3,000.00 01/24/2025 Ltac Expense
168729 North 40 Outfitters 1,404.95 01/24/2025 Gloves/Bibs/Parts
168730 NYS Child Support Prosessing Center 184.61 01/24/2025 2502 - Ny Child Support Deduction
168731 Office of Financial Recovery 265.00 01/24/2025 Torrey Garnishment
168732 P A W 150.00 01/24/2025 A Harris 2025 Paw Membership
168733 Platt Electric 251.55 01/24/2025 Electrical Supplies/Lights
168734 Pud Of Grant County 3.08 01/24/2025 Electric Service For Montlake
168735 Qcl Inc 77.00 01/24/2025 Drug Testing
168736 Satellite Industries Inc 478.41 01/24/2025 Portable Toilet Replacement Parts
168737 Sea Western Inc 27.06 01/24/2025 Operating Supplies
168738 Sebastian Moraga 297.90 01/24/2025 Waiver Translation
168739 SESAC 1,217.00 01/24/2025 Ltac Reimbursement
168740 Silvie Valdez 479.50 01/24/2025 Rec Program - Prof Fee
168741 Sirennet.Com 257.15 01/24/2025 Support Arm
168742 Summit Law Group 1,116.50 01/24/2025 Hr Pro Services
168743 SWARCO McCain Inc.168.18 01/24/2025 Power Cord
168744 Teleflex LLC 550.00 01/24/2025 Medical Supplies
168745 The Wide Format Company 229.33 01/24/2025 Hp Ink
168746 Ups Freight 38.86 01/24/2025 Weekly Service Fees
168747 UPS Store 2469 15.14 01/24/2025 Postage
168748 Wa Assn Sheriff Police Chiefs 305.00 01/24/2025 Annual Dues
168749 Waytek Inc 1,335.00 01/24/2025 Misc. Parts
168750 Weinstein Beverage Company 253.51 01/24/2025 Restroom Supplies
168751 A & H Printers Inc 249.56 01/30/2025 Operating Supplies
168752 Always Connect Solutions LLC 2,784.60 01/30/2025 Misc. Parts: Eq # 058 & Eq # 059
168753 Anatek Labs, Inc.390.00 01/30/2025 Sample Testing
168754 Aspect Consulting 10,101.50 01/30/2025 Aquifer Storage Grant Gc2023-174
168755 Basin Propane LLC 57.15 01/30/2025 Propane @ Sleep Center
168756 Battery Systems Inc 323.94 01/30/2025 Cb1250-F1 Battery
168757 Bound Tree Medical LLC 461.99 01/30/2025 Medical Supplies
168758 Bud Clary Ford LLC 27.98 01/30/2025 Motor Assembly
168759 Cascade Natural Gas Corp 4,850.41 01/30/2025 Natural Gas Services
168760 Centurylink 1,457.95 01/30/2025 Telephone Services
168761 Centurylink 3,509.29 01/30/2025 Telephone Services
168762 Coaxsher, Inc.234.31 01/30/2025 Uniform
168763 Consolidated Disposal Service 101,195.60 01/30/2025 Transfer Station
168764 Consolidated Electrical Distributors Inc 5,173.05 01/30/2025 Electrical Parts/Supplies
168765 Copiers Northwest Inc 64.45 01/30/2025 Equipment Contract Fees
168766 Databar Inc 3,812.42 01/30/2025 Utility Billing Invoices
168767 Emergent 3 Inc.7,000.00 01/30/2025 E3 Safety App & Services
COML Council Packet 02-11-2025, Page 17 of 112
168768 Employment Security Department 17,936.97 01/30/2025 Unemployment Claims Mgnt Q4 2024
168769 Faber Industrial Supply 314.52 01/30/2025 Statues Tool
168770 Ferguson Enterprises Inc #3007 1,829.23 01/30/2025 Freon - Ice Rink Chiller
168771 Ferrellgas 126.02 01/30/2025 Fuel
168772 Galls LLC 1,639.08 01/30/2025 Uniform
168773 Garland/DBS, Inc 247,074.78 01/30/2025 Re-Roof Ops 1 Building #Pw2023-041
168774 GMP Consultants 3,900.00 01/30/2025 Interim City Manager Services
168775 Grainger Parts Operations 168.59 01/30/2025 Key/Sensor
168776 Grant Co Solid Waste 46,159.26 01/30/2025 Landfill Dumping Fees
168777 Grant County Title Company 892.50 01/30/2025 Grant Record Search Jan-Dec 2024
168778 Grimco, Inc.134.24 01/30/2025 Scotchcal Graphic Film
168779 Haglund's Trophies, LLC 22.82 01/30/2025 Name Plate - Pr&Cs Board
168780 Home Depot Pro (Supplyworks)491.90 01/30/2025 Custodial Supplies
168781 Hurst Construction 189,676.80 01/30/2025 Luta & Virginia Street Construction
168782 Jerrys Auto Supply 1,582.47 01/30/2025 Equipment Parts
168783 Jims Lock Service LLC 57.29 01/30/2025 Key Blanks
168784 Kelley Create 204.49 01/30/2025 Equipment Contract Fees
168785 Kustom Signals Inc 6,162.71 01/30/2025 Police Radios Eq. Nos. 058 & 059
168786 L N Curtis & Sons 546.84 01/30/2025 Operating Supplies
168787 Life -Assist, Inc.1,618.14 01/30/2025 Medical Supplies
168788 Localtel Communications 1,388.25 01/30/2025 Internet Service
168789 McKesson Medical-Surgical 599.27 01/30/2025 Medical Supplies
168790 Med Tech Resource Inc 159.15 01/30/2025 Operating Supplies
168791 Moon Security Services Inc 459.25 01/30/2025 Lrc Security - Feb '25
168792 Moses Lake Steel Supply 754.06 01/30/2025 Stud Anchor
168793 Navico Group Americas LLC 283.87 01/30/2025 Misc. Parts
168794 Norco Enterprises Inc 3,046.68 01/30/2025 Rink Chiller Freon
168795 North 40 Outfitters 1,844.22 01/30/2025 Parts/Supplies
168796 North Central Laboratories 1,165.79 01/30/2025 Lab Supplies
168797 Northstar Chemical Inc 3,033.00 01/30/2025 Sodium Hypochlorite
168798 Oxarc Inc 133.01 01/30/2025 Misc. Parts
168799 Scenic365 LLC 6,190.00 01/30/2025 Ltac Advertising
168800 Shirtbuilders Inc 2,102.14 01/30/2025 Uniform
168801 Sirennet.Com 4,313.85 01/30/2025 Misc. Parts Eq # 059
168802 Stryker Medical 949.45 01/30/2025 Professional Services
168803 Sun Graphic 479.40 01/30/2025 Ltac Advertising
168804 Tyco Inc 209.97 01/30/2025 Citrol
168805 Uline 730.55 01/30/2025 Misc. Parts
168806 Ups Freight 39.11 01/30/2025 Weekly Service Fees
168807 UPS Store 2469 332.10 01/30/2025 Sleep Center Postage
168808 Ziggys 29.68 01/30/2025 Deck Maintenance
168809 Zoll Medical Corp 2,582.30 01/30/2025 Repair And Maintenance Aed
168810 Janelle Sword 1,141.48 01/31/2025 Leoff Retiree Penson Jan 25
168811 Luther Stowers 803.06 01/31/2025 Leoff Retiree Pension Jan 2025
168812 Aaron Hintz 102.00 02/04/2025 Investigation Of Force 2025
168813 Adam Munro 102.00 02/04/2025 1St Responder 2025
168814 Brad Mitchell 109.00 02/04/2025 Training Per Diem 2.2025
168815 Chad Strevy 274.00 02/04/2025 2025 Water Conference
168816 Curt Ledeboer 102.00 02/04/2025 Investigation Of Force 2025
168817 Don Terrell 109.00 02/04/2025 Ite Imsa 2025
168818 Gabe DeLeon 274.00 02/04/2025 Water Conference 2025
168819 Hunter Boyd 354.00 02/04/2025 Crisis Negotiation 1
COML Council Packet 02-11-2025, Page 18 of 112
168820 Jose Ramirez 354.00 02/04/2025 Crisis Negotiation 1
168821 Mike Williams 6,052.00 02/04/2025 Southern Police Institute 2025
168822 Mitch Hohman 72.00 02/04/2025 Wstoa 2025
168823 Rudy Valdez 102.00 02/04/2025 1St Responder 2025
168824 Shanda Creiglow 274.00 02/04/2025 Water Conference 2025
168825 BRANDON BROWN 143.81 02/05/2025 Refund Utility Overpayment
168826 CHELANE PAINE 100.00 02/05/2025 Refund Utility Overpayment
168827 DANIEL MONCADA 178.55 02/05/2025 Refund Utility Overpayment
168828 JORDAN BISHOP 74.80 02/05/2025 Refund Utility Overpayment
168829 NOFFKE HOMES LLC MV1 83.19 02/05/2025 Refund Utility Overpayment
168830 NOFFKE HOMES MV I LLC 261.66 02/05/2025 Refund Utility Overpayment
168831 Asset Protection, Inc.96.10 02/05/2025 Ambulance Refund For Overpayment
168832 Christper Horton 206.14 02/05/2025 2025 Union Boot Reimbursement
168833 Doug Brandt 250.00 02/05/2025 2025 Union Boot Reimbursement
168834 Dylan Co, LLC 1,944.53 02/05/2025 Fire Service Retainage Release
168835 Joes Excavation Inc 9,069.88 02/05/2025 Valve Replacement Retainage Release
168836 Kevin Beamish 665.00 02/05/2025 Return Seized Funds
168837 Lee Willis 51.50 02/05/2025 Pesticide License Renewal
168838 Luwana Ditty 115.30 02/05/2025 Overpayment On Ambulance Account
168839 Manuel De La Torre 500.00 02/05/2025 2025 Union Boot Reimbursement
168840 Nya Watson 116.00 02/05/2025 Customer Charged In Error
168841 Omar Ramirez 7,215.70 02/05/2025 Replenish Buy Monies 2.2025
168842 Peter Gregory 495.00 02/05/2025 Overpayment On Ambulance Account
168843 Premera Blue Cross 93.67 02/05/2025 Overpayment On Ambulance Account
168844 Ralph Bezanson 120.98 02/05/2025 Overpayment On Ambulance Account
168845 Steven Berrie 115.30 02/05/2025 Overpayment On Ambulance Account
168846 Washington State Treasurer 1,656.50 02/05/2025 Sbc State Remittance Q4 2024
168847 William Roseburg 175.51 02/05/2025 Purchase Reimbursement
168848 Winnis Clark 150.00 02/05/2025 Overpayment On Ambulance Account
1,239,965.05
COML Council Packet 02-11-2025, Page 19 of 112
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Madeline Prentice, Acting City Manager 25773
James Richmond Technology
Services Director Technology Services
2/11/2025 Consent Agenda
SLCGP Cybersecurity Grant
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
80,840.00$ 0.00$0.00$
Staff recommends City Council motion to approve acceptance of the SLCGP Cybersecurity grant.
City of Moses Lake 23SLCGP Council Packet.pdf 5.51MB
COML Council Packet 02-11-2025, Page 20 of 112
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The U.S. Department of Homeland Security (DHS), through the State and Local Cybersecurity Grant Program
(SLCGP) administered by the Washington State Emergency Management Division and the Washington Military
Department, has awarded a cybersecurity grant to the City of Moses Lake for two cybersecurity-related projects:
1) Create a Business Continuity and Cybersecurity Readiness Plan: The city currently has informal processes
and procedures spread across departments and key staff for business continuity and cyber incident response
plans, but no wholistic, centralized plan or centralized reference documents. The result of the project would be a
guiding document and plan which would contain roles and responsibilities, notification instructions, incident
response procedures, business continuity and business recovery procedures, data backup procedures,
conditions for activating the plan, system recovery order, etc. to instruct staff during a wide array of disasters,
cyber events, and other emergent situations. The monies from the grant would provide for the creation of the
plan and a live tabletop exercise for staff to test the plan in a simulated scenario.
2) Network Monitoring: Implement a Network Detection and Response (NDR) product to provide network traffic
monitoring and analysis as well as 24x7x365 3rd party SOC monitoring. The NDR product would add to the
city's investment in other security related products. The grant-funded purchase will provide for a 3-year license
acquisition plus implementation costs.
The DHS SLCGP grant funds approved projects at 70%, however, the Washington State Emergency
Management Division is providing the remaining 30% of the total grant award making the grant a 100%
reimbursement overall. The grant is managed by the Washington Military Department with the City of Moses
Lake named as a subrecipient.
The city will initially expend funds to make the initial purchase of $80,840, and the funds will be reimbursed in
full by the grant award.
Options and Results
Authorizes Technology Services Department to accept the SLCGP grant.
Staff will bring back options for recommended changes.
No changes to cybersecurity readiness.
COML Council Packet 02-11-2025, Page 21 of 112
DHS-FEMA-SLCGP-FY23 Page 1 of 39 City of Moses Lake, E25-258
Washington Military Department
STATE AND LOCAL CYBERSECURITY GRANT PROGRAM AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
City of Moses Lake
401 S. Balsam Street
Moses Lake, WA 98837
2. Grant Agreement Amount:
$80,840
3. Grant Agreement Number:
E25-258
4. Subrecipient Contact, phone/email:
James Richmond, 509-764-3729
jrichmond@cityofml.com
5. Grant Agreement Start Date:
December 1, 2023
6. Grant Agreement End Date:
May 31, 2025
7. Department Contact, phone/email:
Deborah Henderson, 253-512-7470
deborah.henderson@mil.wa.gov
8. Unique Entity Identifier (UEI):
LBN5R7X7M7R2
9. UBI # (state revenue):
134-000-982
10. Funding Authority:
Washington Military Department (the Department) and the U.S. Department of Homeland Security (DHS)
11. Federal Funding Identification #:
EMW-2023-CY-00042
12. Federal Award Date:
12/7/2023
13. Assistance Listings # & Title:
97.137 – 23SLCGP
14. Total Federal Award Amount:
$7,403,503
15. Program Index # & OBJ/SUB-OBJ:
735C3 (State), 735C4 (Local-Rural), 735C5 (Local-Not Rural) / NZ
16. EIN
91-6007721
17. Service Districts:
BY LEGISLATIVE DISTRICTS: 13
BY CONGRESSIONAL DISTRICTS: 4
18. Service Area by County(ies):
Grant
19. Women/Minority-Owned, State
Certified: ܈ N/A ܆ NO
܆ YES, OMWBE #_________
20. Agreement Classification
տ Personal Services տ Client Services ܈ Public/Local Gov’t
տ Research/Development տ A/E տ Other_______
21. Contract Type (check all that apply):
܆ Contract ܈ Grant ܈ Agreement
܆ Intergovernmental (RCW 39.34) ܆ Interagency
22. Subrecipient Selection Process:
܈ “To all who apply & qualify” ܆ Competitive Bidding
܆ Sole Source ܆ A/E RCW ܆ N/A
܆ Filed w/OFM? ܆ Advertised? ܆ YES ܆ NO
23. Subrecipient Type (check all that apply)
܆ Private Organization/Individual ܆ For-Profit
܈ Public Organization/Jurisdiction ܆ Non-Profit
܆ CONTRACTOR ܈ SUBRECIPIENT ܆ OTHER
24. PURPOSE & DESCRIPTION:
The goal of the Federal Fiscal Year (FFY) 2023 State and Local Cybersecurity Grant Program (23SLCGP) is to assist state, local, and territorial
(SLT) governments with managing and reducing systemic cyber risk. Strengthening cybersecurity practices and resilience of SLT
governments is an important homeland security mission and the primary focus of the SLCGP. Through funding from the Infrastructure
Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), the SLCGP enables DHS to make targeted cybersecurity
investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services.
The Department is the Recipient and Pass-through Entity of the 23SLCGP DHS Award Letter for Grant No. EMW-2023-CY-00042 (“Grant”),
which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this
Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement.
IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments
which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions
(Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter (Attachment C), Work Plan (Attachments D), Budget (Attachment E),
Timeline (Attachment F); and all other documents and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed
upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following
order:
1. Applicable federal and state statutes and regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference.
WHEREAS, the parties have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
______________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington Military Department
BOILERPLATE APPROVED TO FORM:
Alex Staub 12/7/2023
Assistant Attorney General
FOR THE SUBRECIPIENT:
__________________________________________
Signature Date
Madeline Prentice, Acting City Manager
City of Moses Lake
APPROVED AS TO FORM (if applicable):
__________________________________________
Signature Date
COML Council Packet 02-11-2025, Page 22 of 112
DHS-FEMA-SLCGP-FY23 Page 2 of 39 City of Moses Lake, E25-258
Attachment A
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT DEPARTMENT
Name James Richmond Name Deborah Henderson
Title Technology Services Director Title Program Coordinator
Email jrichmond@cityofml.com Email Deborah.henderson@mil.wa.gov
Phone 509-764-3729 Phone 253-512-7470
Name Greg Graffe Name Melissa Berry
Title IT Senior Systems Administrator Title Program Manager
Email ggraffe@cityofml.com Email melissa.berry@mil.wa.gov
Phone 509-764-3728 Phone 253-512-7065
Name Name Grant Miller
Title Title Program Assistant
Email Email grant.miller@mil.wa.gov
Phone Phone 253-512-7145
ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS
The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and
program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the 23SLCGP, including, but not limited to, all criteria, restrictions, and requirements
of “The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 State
and Local Cybersecurity Grant Program (SLCGP)” (hereafter “the NOFO”) document, the DHS Award Letter for
the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated
herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C.
The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of
performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will
not hold the Department, the State of Washington, or the United States liable for any damages, claim for
reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to
distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS:
The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The Subrecipient must make a case-by-case determination whether each agreement it makes for
the disbursement of 23SLCGP funds received under this Agreement casts the party receiving the
funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331.
b. If the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal
entity as its subrecipient, the Subrecipient must make a case-by-case determination whether each
agreement it makes for the disbursement of 23SLCGP funds received under this Agreement casts
the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR
200.330.
i. The Subrecipient must comply with all federal laws and regulations applicable to pass-
through entities of 23SLCGP funds, including, but not limited to, those contained in 2 CFR
200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and
federal laws, rules, regulations, requirements and program guidance identified or referenced
in this Agreement and the informational documents published by DHS/FEMA applicable to
the 23SLCGP Program, including, but not limited to, all criteria, restrictions, and
COML Council Packet 02-11-2025, Page 23 of 112
DHS-FEMA-SLCGP-FY23 Page 3 of 39 City of Moses Lake, E25-258
requirements of the NOFO , the DHS Award Letter for the Grant in Attachment C, and the
federal regulations commonly applicable to DHS/FEMA grants.
iii. The Subrecipient shall be responsible to the Department for ensuring that all 23SLCGP
federal award funds provided to its subrecipients are used in accordance with applicable
federal and state statutes and regulations, and the terms and conditions of the federal award
set forth in Attachment C of this Agreement.
2. BUDGET, REIMBURSEMENT, AND TIMELINE
a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing,
equipment, and other goods and services or other budget categories will be reimbursed on an
actual cost basis upon completion unless otherwise provided in this Agreement.
b. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed the total
Grant Agreement Amount.
c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional
documentation is required based on the applicable situation. As described in 2 CFR 200.414 and
Appendix VII to 2 CFR 200:
i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of
the rate must be submitted to the Department Key Personnel per the following:
A. More than $35 million, the approved indirect cost rate agreement negotiated with its
federal cognizant agency.
B. Less than $35 million, the indirect cost proposal developed in accordance with
Appendix VII of 2 CFR 200 requirements.
ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a
subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent
(10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the
Department. If the latter is preferred, the Subrecipient must contact Department Key
Personnel for approval steps.
d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing
or amended, and federal maximum rates set forth at https://www.gsa.gov, and follow the most
restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed
without prior written approval by Department Key Personnel.
e. Reimbursement requests will include a properly completed State A-19 Invoice Form and
Reimbursement Spreadsheet (in the format provided by the Department) detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be submitted to
Reimbursements@mil.wa.gov no later than the due dates listed within the Timeline (Attachment
F).
Reimbursement request totals should be commensurate to the time spent processing by the
Subrecipient and the Department.
f. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the Subrecipient consistent with record retention requirements
of this Agreement and be made available upon request by the Department, and federal, state,
and local auditors.
g. The Subrecipient must request prior written approval from Department Key Personnel to waive
or extend a due date in the Timeline (Attachment F). For waived or extended reimbursement due
dates, all allowable costs should be submitted on the next scheduled reimbursement due date
contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an
agency’s level of risk of noncompliance with the regulations, requirements, and the terms and
conditions of the Agreement and may increase required monitoring activities. Any request for a
waiver or extension of a due date in the Timeline will be treated as a request for Amendment of
COML Council Packet 02-11-2025, Page 24 of 112
DHS-FEMA-SLCGP-FY23 Page 4 of 39 City of Moses Lake, E25-258
the Agreement. This request must be submitted to the Department Key Personnel sufficiently in
advance of the due date to provide adequate time for Department review and consideration and
may be granted or denied within the Department’s sole discretion.
h. All work under this Agreement must end on or before the Grant Agreement End Date, and the
final reimbursement request must be submitted to the Department within the time period notated
in the Timeline (Attachment F), except as otherwise authorized by either (1) written amendment
of this Agreement or (2) written notification from the Department to the Subrecipient to provide
additional time for completion of the Subrecipient’s subproject(s).
i. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal
entity to which the Subrecipient makes a subaward and is invoiced by the vendor.
j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required
by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will
prohibit the Subrecipient from being reimbursed until such reports are submitted and the
Department has had reasonable time to conduct its review.
k. Final reimbursement requests will not be approved for payment until the Subrecipient is current
with all reporting requirements contained in this Agreement.
l. A written amendment will be required if the Subrecipient expects cumulative transfers among
solution area totals, as identified in the Budget (Attachment E), to exceed ten percent (10%) of
the Grant Agreement Amount. Any changes to solution area totals not in compliance with this
paragraph will not be reimbursed without approval from the Department.
m. Subrecipients shall only use federal award funds under this Agreement to supplement existing
funds and will not use them to replace (supplant) non-federal funds that have been budgeted for
the same purpose. The Subrecipient may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
3. REPORTING
a. Biannual reports must be submitted to Reimbursements@mil.wa.gov in the format provided by
the Department no later than the dates listed within the Timeline (Attachment F).
b. With each reimbursement request, the Subrecipient shall report how the expenditures, for which
reimbursement is sought, relate to the Work Plan (Attachments D) activities in the format provided
by the Department.
c. With the final reimbursement request, the Subrecipient shall submit to
Reimbursements@mil.wa.gov a final report in the format provided by the Department describing
all completed activities under this Agreement.
d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the
Department an Audit Certification/FFATA Form. This form is required to be completed once per
calendar year, per Subrecipient, and not per agreement. The Department’s Contracts Office will
request the Subrecipient submit an updated form at the beginning of each calendar year in which
the Subrecipient has an active agreement.
4. EQUIPMENT AND SUPPLY MANAGEMENT
a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall
comply with 2 CFR 200.317 through 200.327 when procuring any equipment or supplies under
this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for
management of supplies, to include, but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and supplies
purchased through this Agreement will be owned by the Subrecipient, or a recognized non-
federal entity to which the Subrecipient has made a subaward, for which a contract,
subrecipient grant agreement, or other means of legal transfer of ownership is in place.
COML Council Packet 02-11-2025, Page 25 of 112
DHS-FEMA-SLCGP-FY23 Page 5 of 39 City of Moses Lake, E25-258
ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded
and maintained in the Subrecipient’s inventory system.
iii. Inventory system records shall include:
A. Description of the property;
B. Manufacturer’s serial number, model number, or other identification number;
C. Funding source for the property, including the Federal Award Identification Number
(FAIN) (Face Sheet, Box 11);
D. Assistance Listings Number (Face Sheet, Box 13);
E. Who holds the title;
F. Acquisition date;
G. Cost of the property and the percentage of federal participation in the cost;
H. Location, use and condition of the property at the date the information was reported;
I. Disposition data including the date of disposal and sale price of the property.
iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as
applicable, and reconcile the results with the property records at least once every two years.
Any differences between quantities determined by the physical inspection and those shown
in the records shall be investigated by the Subrecipient to determine the cause of the
difference. The Subrecipient shall, in connection with the inventory, verify the existence,
current utilization, and continued need for the equipment.
v. The Subrecipient shall be responsible for any and all operational and maintenance
expenses and for the safe operation of the equipment and supplies including all questions
of liability. The Subrecipient shall develop appropriate maintenance schedules and
procedures to ensure the equipment, and supplies as applicable, are well-maintained and
kept in good operating condition.
vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent
loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated,
and a report generated and sent to the Department’s Key Personnel.
vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the
equipment.
viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures
must be established and followed to ensure the highest possible return. For disposition, if
upon termination or at the Grant Agreement End Date, when original or replacement
supplies or equipment acquired under a federal award are no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, the Subrecipient must comply with the following procedures:
A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in
total aggregate value upon termination or completion of the project or program and the
supplies are not needed for any other federal award, the Subrecipient must retain the
supplies for use on other activities or sell them, but must, in either case, compensate
the federal government for its share. The amount of compensation must be computed
in the same manner as for equipment.
B. For Equipment:
1) Items with a current per-unit fair-market value of five thousand dollars ($5,000) or
less may be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2) Items with a current per-unit fair-market value in excess of five thousand dollars
($5,000) may be retained or sold. The Subrecipient shall compensate the federal
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awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2)
and the Subrecipient shall notify Department Key Personnel to initiate approval by
the federal awarding agency.
ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years
from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is
started before the expiration of the six- (6-) year period, the records shall be retained by the
Subrecipient until all litigation, claims, or audit findings involving the records have been
resolved.
b. Equipment purchases (those with a current per-unit fair market value in excess of $5,000) must
be identified and explained to the Department. The use, management, and disposition of such
equipment is subject to requirements outlined in 2 CFR 200.313. Before making such
purchases, the Subrecipient should analyze the cost benefits of purchasing versus leasing
equipment, especially those subject to rapid technical advances.
c. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or
DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
d. If funding is allocated to support emergency communications activities, the Subrecipient must
ensure that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/funding, including provisions on technical
standards that ensure and enhance interoperable communications.
e. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and
subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any system; or
iii. Enter into, extend, or renew contracts with entities that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 CFR 200.216, 200.327,
200.471, and Appendix II to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant
funding to procure replacement equipment and services impacted by this prohibition, provided
the costs are otherwise consistent with the requirements of the NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
iv. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
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an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
f. The Subrecipient must pass through equipment and supply management requirements that meet
or exceed the requirements outlined above to any non-federal entity to which the Subrecipient
makes a subaward of federal award funds under this Agreement.
5. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and
Historic Preservation (EHP) Program. EHP program information can be found at
https://www.fema.gov/grants/guidance-tools/environmental-historic all of which are incorporated
in and made a part of this Agreement.
b. Projects that have historical impacts or the potential to impact the environment, including, but
not limited to, construction of communication towers; modification or renovation of existing
buildings, structures, and facilities; or new construction, including replacement of facilities, must
participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing
buildings, including minimally invasive improvements such as attaching monitors to interior walls,
and training or exercises occurring outside in areas not considered previously disturbed also
require a DHS/FEMA EHP review before project initiation.
c. The EHP review process involves the submission of a detailed project description that includes
the entire scope of work, including any alternatives that may be under consideration, along with
supporting documentation so FEMA may determine whether the proposed project has the
potential to impact environmental resources and/or historic properties.
d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance
requirements outlined in applicable guidance must be met. The EHP review process must be
completed and FEMA approval must be received by the Subrecipient before any work is
started for which reimbursement will be later requested. Expenditures for projects started before
completion of the EHP review process and receipt of approval by the Subrecipient may not be
reimbursed.
6. PROCUREMENT
The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327
and as specified in the General Terms and Conditions (Attachment B, A.10).
a. For all contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200.1, the
Subrecipient must notify the Department. The Department may request pre-procurement
documents, such as request for proposals, invitations for bids and independent cost estimates.
This requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for requesting and reviewing pre-
procurement documents.
b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR 200.1,
the Subrecipient must submit justification to the Department for review and approval. This
requirement must be passed on to any non-federal entity to which the Subrecipient makes a
subaward, at which point the Subrecipient will be responsible for reviewing and approving sole
source justifications to any non-federal entity to which Subrecipient makes any award.
c. The Subrecipient as well as its contractors and subcontractors must comply with the Build
America, Buy America Act (BABAA), which was enacted as a part of the Infrastructure Investment
and Jobs Act §§ 70901-70297, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring
the Future is Made in All of America by All of America’s Workers. BABAA requires any
infrastructure project receiving federal funding must ensure:
i. All iron and steel used in the project are produced in the United States. This means all
manufacturing processes, from initial melting stage through the application of coatings,
occurred in the United States.
ii. All manufactured products must be produced in the United States. For a manufactured
product to be considered produced in the United States, the cost of the components of the
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manufactured product that are mined, produced, or manufactured in the United States
must be greater than 55% of the total cost of all minimum amount of domestic content of
manufactured product, unless subject to another standard.
iii. All construction materials are manufactured in the United States. This means that all
manufacturing processes for construction material occurred in the United States.
Additionally, applicable infrastructure projects are subject to domestic preference requirements.
A domestic preference does not apply to non-infrastructure spending under an award that also
includes a covered project. A domestic preference applies to an entire infrastructure project, even
if it is funded by both federal and non-federal funds under one or more awards.
i. Domestic preferences under BABAA only apply to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a domestic preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of or permanently affixed to the structure.
ii. Infrastructure, for the purposes of BABAA, includes, at a minimum, the structures,
facilities, and equipment for, in the United States, roads, highways and bridges; public
transportation; dams, ports, harbors and other maritime facilities; intercity passenger and
freight railroads; freight and intermodal facilities; airports; water systems, including
drinking water and wastewater systems; electrical transmission facilities and systems;
utilities; broadband infrastructure; and buildings and real property. Infrastructure includes
facilities that generate, transport, and distribute energy.
iii. The Subrecipient’s contractors and their subcontractors who apply or bid for an award for
an infrastructure project subject to the domestic preference requirement in the BABAA
shall file a required certification to the Subrecipient with each bid or offer for an
infrastructure project, unless a domestic preference requirement is waived by FEMA.
Contractors and subcontractors must certify that no federal financial assistance funding
for infrastructure projects will be provided unless all the iron, steel, manufactured projects,
and construction materials used in the project are produced in the United States. BABAA,
Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any
use of federal financial assistance for infrastructure projects that does not ensure
compliance with BABAA domestic preference requirement. Such disclosures shall be
forwarded to the Subrecipient who will forward them to the Department who, in turn, will
forward the disclosures to FEMA. The Build America, Buy America Act Self-Certification
form is included herein as Attachment G.
If the Subrecipient is interested in applying for a waiver, the Subrecipient should contact the
Department Key Personnel to determine the requirements. All waiver requests must include a
detailed justification for the use of goods, products, or materials mined, produced, or
manufactured outside the United States and a certification that there was a good faith effort to
solicit bids for domestic products supported by terms included in requests for proposals, contracts,
and nonproprietary communications with potential suppliers.
7. SUBRECIPIENT MONITORING
a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of
the Department’s monitoring activities is to ensure that subrecipients receiving federal pass-
through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall
complete and return to the Department an Audit Certification/FFATA form. Reporting
requirements are referenced in section 3.c.
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c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), e-
mails, and correspondence;
iv. Review of reimbursement requests and supporting documentation to ensure allowability and
consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E),
and federal requirements;
v. Observation and documentation of Agreement-related activities, such as exercises, training,
events, and equipment demonstrations; and
vi. On-site visits to review equipment records and inventories, to verify source documentation for
reimbursement requests and performance reports, and to verify completion of deliverables.
d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for
any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity
under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a corrective action plan.
8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited
English proficiency (LEP) to their programs and services. Providing meaningful access for persons
with LEP may entail providing language assistance services, including oral interpretation and written
translation. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting
such organizations and entities in understanding their language access obligations. DHS published
the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance
Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited
English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides
helpful information such as how a recipient can determine the extent of its obligation to provide
language services, selecting language services, and elements of an effective plan on language
assistance for LEP persons. For additional assistance and information regarding language access
obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-
help-department-supported-organizations-provide-meaningful-access-people-limited and additional
resources on https://www.lep.gov.
B. SLCGP SPECIFIC REQUIREMENTS
1. The Subrecipient must use SLCGP funds only to perform tasks as described in the Work Plan
(Attachments D) and the Subrecipient’s approved application for funding incorporated into this
Agreement.
2. Subrecipients are required to annually complete the Nationwide Cybersecurity Review (NCSR)
https://www.cisecurity.org/ms-isac/services/ncsr, a free, anonymous, annual self-assessment
designed to measure gaps and capabilities of a SLT’s cybersecurity programs to benchmark and
measure progress of improvement in their cybersecurity posture. Due dates are included in the
Timeline (Attachment F). For more information, visit Nationwide Cybersecurity Review (NCSR)
(cisecurity.org).
3. Subrecipients are required to participate in free cyber hygiene services, specifically vulnerability
scanning and web application scanning. To register for these services, email
vulnerability@cisa.dhs.gov with the subject line “Requesting Cyber Hygiene Services – SLCGP” to
get started. Indicate in the body of your email that you are requesting this service as part of the
SLCGP. For more information, visit CISA’s Cyber Hygiene Information Page.
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4. Subrecipients may retain a maximum of up to five percent of the Grant Agreement Amount for
management and administration (M&A) activities, directly relating to the management and
administration of SLCGP funds, such as financial management and monitoring.
C. DHS TERMS AND CONDITIONS
As a subrecipient of 23SLCGP funding, the Subrecipient shall comply with all applicable DHS terms and
conditions of the 23SLCGP Award Letter and its incorporated documents, which are incorporated in and
made a part of this Agreement as Attachment C.
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Attachment B
Washington Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. “Department” means the Washington Military Department, as a state agency, any division,
section, office, unit or other entity of the Department, or any of the officers or other officials lawfully
representing that Department. The Department is a recipient of a federal award directly from a
federal awarding agency and is the pass-through entity making a subaward to a Subrecipient
under this Agreement.
c. “Investment” means the grant application submitted by the Subrecipient describing the project(s)
for which federal funding is sought and provided under this this Agreement. Such grant application
is hereby incorporated into this Agreement by reference.
d. “Monitoring Activities” means all administrative, financial, or other review activities that are
conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. “Subrecipient” when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward
from the Department. However, the definition of “Subrecipient” is the same as in 2 CFR 200.1 for
all other purposes.
A.2 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services to be provided
under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing
of such goods or services.
A.3 AMENDMENTS AND MODIFICATIONS
The Subrecipient or the Department may request, in writing, an amendment or modification of this
Agreement. However, such amendment or modification shall not be binding, take effect or be
incorporated herein until made in writing and signed by the authorized representatives of the Department
and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the
parties.
The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA
approval of the Award performance period, followed up with a mutually agreed written amendment, or (2)
written notification from the Department to the Subrecipient to provide additional time for completion of
the Subrecipient’s project(s).
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 ASSURANCES
The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance
with all the applicable current federal, state and local laws, rules, and regulations.
A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency.
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The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall
be incorporated into this Agreement by reference.
Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal
debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure
that potential contractors or subrecipients or any of their principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in “covered
transactions” by any federal department or agency. “Covered transactions” include procurement
contracts for goods or services awarded under a non-procurement transaction (e.g., grant or cooperative
agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any
amount. With respect to covered transactions, the Subrecipient may comply with this provision by
obtaining a certification statement from the potential contractor or subrecipient or by checking the System
for Award Management (https://sam.gov/SAM/) maintained by the federal government. The Subrecipient
also agrees not to enter into any arrangements or contracts with any party on the Washington State
Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not
to enter into any agreements or contracts for the purchase of goods and services with any party on the
Department of Enterprise Services’ “Debarred Vendor List”
(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and
belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2)
that if any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) and that, as
applicable, the Subrecipient will require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into and is a prerequisite for making or entering into this transaction imposed by 31
U.S.C. 1352.
A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited
to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended),
the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
(PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW
39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58),
State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in
Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order,
OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is
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responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to
comply with applicable laws, regulations, executive orders, OMB Circulars or policies.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its
designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of the Subrecipient who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a
provision prohibiting such interest pursuant to this provision.
A.10 CONTRACTING & PROCUREMENT
a. The Subrecipient shall use a competitive procurement process in the procurement and award of
any contracts with contractors or subcontractors that are entered into under the original
agreement award. The procurement process followed shall be in accordance with 2 CFR Part
200.318, General procurement standards, through 200.327, Contract provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience
by the non-federal entity including the manner by which it will be affected and the basis for
settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor.”
4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non-federal entity must place a copy
of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The non-federal entity must report all suspected or
reported violations to the federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or Subrecipient must
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or
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she is otherwise entitled. The non-federal entity must report all suspected or reported
violations to the federal awarding agency.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or Subrecipient must comply
with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-federal award to agree to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
9) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes
place in connection with obtaining any federal award. Such disclosures are forwarded from
tier to tier up to the non-federal award.
10) Procurement of recovered materials – As required by 2 CFR 200.323, a non-federal entity
that is a state agency or agency of a political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
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and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
11) Notice of federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the Subrecipient has made final payments
and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94–163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for
Infrastructure Projects,” and as appropriate and to the extent consistent with law, the non-
Federal entity should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in
the United States, as required in 2 CFR Part 200.322, in every contract, subcontract,
purchase order, or sub-award that is chargeable against federal financial assistance awards.
17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video
surveillance services or equipment are mandated by section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-
232 (2018).
b. The Department reserves the right to review the Subrecipient’s procurement plans and
documents and require the Subrecipient to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient
must ensure that its procurement process requires contractors and subcontractors to provide
adequate documentation with sufficient detail to support the costs of the project and to allow both
the Subrecipient and Department to make a determination on eligibility of project costs.
c. All contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any purpose not
directly connected with the administration of the Department’s or the Subrecipient’s responsibilities with
respect to services provided under this Agreement is prohibited except by prior written consent of the
Department or as required to comply with the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall
consist of a representative appointed by the Department, a representative appointed by the Subrecipient,
and a third party mutually agreed upon by both parties. The determination of the dispute resolution board
shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the
dispute resolution board and its attorney fees and costs and share equally the cost of the third board
member.
A.13 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
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To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold
harmless the Department, the state of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of
Washington and their authorized agents and employees in any litigation; including payment of any costs
or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts
or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the Department; provided, that if the claims or damages are caused by or result from
the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient,
or the Subrecipient's agents or employees.
Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply:
44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the Department’s Authorized Signature representative and the
Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties’ Authorized Signature representatives, except as provided for time extensions in Article
A.3.
Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have
signature authority to sign reimbursement requests, time extension requests, amendment and
modification requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.15 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the Department
may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
a “Termination for Cause” without providing the Subrecipient an opportunity to cure. Alternatively, the
parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to comply
with new funding limitations and conditions, although the Department has no obligation to do so.
A.16 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the Subrecipient.
A.17 NONDISCRIMINATION
During the performance of this agreement, the Subrecipient shall comply with all federal and state
nondiscrimination statutes and regulations. These requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Subrecipient shall not discriminate against any employee or
applicant for employment because of race, color, sex, sexual orientation, religion, national origin,
creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory,
mental, or physical handicap. This requirement does not apply, however, to a religious corporation,
association, educational institution or society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such corporation, association,
educational institution or society of its activities.
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b. The Subrecipient shall take action to ensure that employees are employed and treated during
employment without discrimination because of their race, color, sex, sexual orientation religion,
national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of
any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for
training, including apprenticeships and volunteers.
A.18 NOTICES
The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
state and federal laws and regulations and shall maintain a record of this compliance.
A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
(OSHA/WISHA)
The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
and state safety and health regulations that are in effect during the Subrecipient's performance under this
Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless
the Department and its employees and agents from all liability, damages and costs of any nature,
including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Subrecipient to so comply.
A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify,
and hold the Department, the state of Washington, and the United States government harmless from any
and all causes of action arising from the ownership and operation of the project.
A.21 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.23 PUBLICITY
The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity
matters relating to this Agreement wherein the Department’s name is mentioned, or language used from
which the connection of the Department’s name may, in the Department’s judgment, be inferred or
implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the
prior written consent of the Department. The Subrecipient may copyright original work it develops in the
course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty-
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize
others to use the work for government purposes.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
FEMA’s financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement
that the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.24 RECAPTURE PROVISION
In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable
federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department
reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right
of recapture shall exist for the life of the project following Agreement termination. Repayment by the
Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event
the Department is required to institute legal proceedings to enforce the recapture provision, the
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Department shall be entitled to its costs and expenses thereof, including attorney fees from the
Subrecipient.
A.25 RECORDS
a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's
contracts, subawards, grant administration, and payments, including all direct and indirect
charges, and expenditures in the performance of this Agreement (the “records”).
b. The Subrecipient's records related to this Agreement and the projects funded may be inspected
and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
Subrecipient with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the Subrecipient for such inspection and audit, together
with suitable space for such purpose, at any and all times during the Subrecipient's normal
working day.
d. The Subrecipient shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) years must be followed.
A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan
(project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole
responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to
any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal,
state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws, regulations, and executive orders.
The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may
be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the
Department, or to any state or federal agency, or to any of their employees or agents, for any
performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.27 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
The Subrecipient shall comply with and include the following audit requirements in any subawards.
Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal
year of federal funds from all sources, direct and indirect, are required to have a single or a program-
specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend
less than $750,000 a year in federal awards are exempt from federal audit requirements for that year,
except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity”
means a state, local government, Indian tribe, institution of higher education, or nonprofit organization
that carries out a federal award as a recipient or subrecipient.
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Subrecipients that are required to have an audit must ensure the audit is performed in accordance with
Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor’s Office,
a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the
audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425.
The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement
and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible
for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any
unresolved management findings and disallowed or questioned costs shall be included with the audit
report. The Subrecipient must respond to Department requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Subrecipient all disallowed costs resulting from the audit.
After the single audit has been completed, and if it includes any audit findings, the Subrecipient must
send a full copy of the audit and its Corrective Action Plan to the Department at the following address no
later than nine (9) months after the end of the Subrecipient’s fiscal year(s):
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
OR
Contracts.Office@mil.wa.gov
The Department retains the sole discretion to determine whether a valid claim for an exemption from the
audit requirements of this provision has been established.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the Subrecipient’s failure to comply with said audit requirements may result
in one or more of the following actions in the Department’s sole discretion: a percentage of federal awards
being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding
or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and
submitted; or termination of the federal award.
A.29 SUBRECIPIENT NOT EMPLOYEE
The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or
agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor
claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit
applicable to an officer or employee of the Department or of the State of Washington, including, but not
limited to, Workers’ Compensation coverage, unemployment insurance benefits, social security benefits,
retirement membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8.
It is understood that if the Subrecipient is another state department, state agency, state university, state
college, state community college, state board, or state commission, that the officers and employees are
employed by the State of Washington in their own right.
If the Subrecipient is an individual currently employed by a Washington State agency, the Department
shall obtain proper approval from the employing agency or institution before entering into this contract.
A statement of "no conflict of interest" shall be submitted to the Department.
A.30 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain
in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and
expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are
applicable to Agreement performance.
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A.31 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by
providing written notice of such termination to the Department Key Personnel identified in the Agreement,
specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best
interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business
days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the
Department reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the
Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the
Department provided for in this section shall not be exclusive and are in addition to any other rights and
remedies provided by law.
A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING
The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce
its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such
funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10)
business days prior to termination.
A.33 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a
timely and proper manner its obligations under this Agreement, is in an unsound financial condition so
as to endanger performance hereunder, is in violation of any laws or regulations that render the
Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the Department has the right to immediately suspend or
terminate this Agreement in whole or in part.
The Department may notify the Subrecipient in writing of the need to take corrective action and provide
a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity
to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for
cure shall not diminish or eliminate the Subrecipient’s liability for damages or otherwise affect any other
remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure,
the Department shall notify the Subrecipient in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department,
or if such corrective action is deemed by the Department to be insufficient, the Agreement may be
terminated in whole or in part.
The Department reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a
decision by the Department to terminate the Agreement in whole or in part.
In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including,
but not limited to, any cost difference between the original Agreement and the replacement or cover
Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the Department provided for in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law.
If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform
was outside of the Subrecipient’s control, fault or negligence, the termination shall be deemed to be a
termination for convenience.
A.34 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Agreement, the
Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this
Agreement and in addition to any other rights provided in this Agreement, the Department may require
the Subrecipient to deliver to the Department any property specifically produced or acquired for the
performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon
price, if separately stated, for properly authorized and completed work and services rendered or goods
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delivered to and accepted by the Department prior to the effective date of Agreement termination, the
amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or
equipment or supplies provided for which no separate price is stated, (ii) partially completed work and
services and/or equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and
preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the
Department. The Department shall have no other obligation to the Subrecipient for termination. The
Department may withhold from any amounts due the Subrecipient such sum as the Department
determines to be necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in
addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the Department in writing,
the Subrecipient shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities
in relation to this Agreement except as may be necessary for completion of such portion of the
work under the Agreement as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed by the
Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts
so terminated, in which case the Department has the right, at its discretion, to settle or pay any
or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and
contracts, with the approval or ratification of the Department to the extent the Department may
require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed
by the Department any property which, if the Agreement had been completed, would have been
required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated by the
Department in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the Department may require, for the protection and
preservation of the property related to this Agreement which is in the possession of the
Subrecipient and in which the Department has or may acquire an interest.
A.35 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES
In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of
Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority
and Women’s Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and
encourage minority-owned and women-owned business enterprises who are certified by the OMWBE
under the state of Washington certification program to apply and compete for work under this contract.
Voluntary numerical MWBE participation goals have been established and are indicated herein: Minority
Business Enterprises: (MBE’s): 10% and Woman’s Business Enterprises (WBE’s): 6%.
A.36 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by
execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington.
A.37 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
Department in writing. The Department's failure to insist upon strict performance of any provision of the
Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance
during such breach, shall not constitute a waiver of any right under this Agreement.
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Attachment C
23SLCGP Award Letter
EMW-2023-CY-00042
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Attachment D
WORK PLAN
FY 2023 State and Local Cybersecurity Grant Program
PROJECT #1 TITLE Business Continuity and Cyber Incident Plan
PROJECT DESCRIPTION
Contract with 3rd party to help establish Business Continuity and Cyber Incident Plan. The city currently has
informal processes and procedures spread across departments and key staff for business continuity and cyber
incident response plans, but no wholistic, centralized plan or centralized reference documents. The result of the
project would be a guiding document and plan which would contain roles and responsibilities, notification
instructions, incident response procedures, business continuity and business recovery procedures, data backup
procedures, conditions for activating the plan, system recovery order, etc. to instruct staff during a wide array of
disasters, cyber events, and other emergent situations.
GAP BEING ADDRESSED
The city has informal and departmentally isolated processes and procedures to guide recovery in the event of a
business disrupting event. More critically, much of the knowledge of how to recover, report, resume, etc. is based
purely on institutional knowledge maintained by key staff and their systems experience. The project would address
the gaps between what is known and what is documented and available in the event of a critical event.
IMPACT
The project would directly impact the preparedness of the city organization and city staff in the event of a business
disruption - natural or manmade - speeding up the time between an event and operational resumption. The project
would also lay the future groundwork for tabletop exercises and drills to test the plan and train staff to respond
during disruptive events.
OUTCOME
The outcome would be a central reference repository containing all the information, contacts, procedures, and
plans necessary to guide city staff during a disruption event so the city organization could resume providing
necessary community services as quickly as possible. It would directly impact and improve resilience.
PROJECT #2 TITLE Network Monitoring
PROJECT DESCRIPTION
Implement Sophos Central Network Detection and Response (NDR) product. Sophos NDR is very similar in function
to CIS ALBERT Network Monitoring and Management, providing network traffic monitoring and analysis as well as
24x7x365 3rd party SOC monitoring. Where Sophos NDR is a better fit for our environment is it integrates with
existing investments we have made with Sophos, including our firewall, network switches, endpoint protection
software (Sophos Endpoint Detection and Response (EDR)), and others. The grant-funded purchase would cover a
3-year license acquisition plus implementation costs.
GAP BEING ADDRESSED
While our Endpoint Detection and Response (EDR) investment is implemented on all endpoint systems (server and
workstations), there are many sources of network and internet traffic which are not covered by EDR software.
Network routers and switches, printers, copiers, plotters, tablets and cellular devices, and VoIP phones - to name a
few - interact across organizational resources continuously without the benefit of robust monitoring or
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DHS-FEMA-SLCGP-FY23 Page 36 of 39 City of Moses Lake, E25-258
management tools. Sophos NDR, like CIS Albert, watches all internet inbound and outbound traffic generated by
any source and scans for malicious traffic. Additionally, because of existing investments in Sophos security
products, Sophos NDR would integrate with other Sophos products, monitoring and analyzing intra-network in
addition to internet-bound traffic. The resultant information tracked by Sophos NDR is analyzed by the robust
analytics and outputs are evaluated by Sophos' SOC 24x7x365. If questionable or recognizably malicious activity is
detected, Sophos NDR and/or SOC staff can initiate remediation including blocking the source of the attack (via our
existing investments in Sophos Firewall appliances, network equipment, and Sophos EDR), limiting the damage and
spread of cyber threats. Post an event or suspected event, Sophos SOC staff will alert and support City of Moses
Lake technical staff during detailed follow-up. This system would greatly improve our defenses against
ransomware, command and control activity, unauthorized assets, zero-days, and a range of other cyber threats
through not only a comprehensive scanning and detection system, but also round-the-clock monitoring we simply
do not have the staff or resources to accomplish otherwise.
IMPACT
Sophos NDR, like CIS Albert, monitors and analyses all incoming and outgoing internet traffic, looking for indications
of compromise. Additionally, because Sophos NDR complements our investment in Sophos EDR, internal machine-
to-machine traffic would also be analyzed and EDR software, along with our current Sophos firewall, could react
and isolate detected threats. Implementing NDR would greatly increase the City of Moses Lake's cybersecurity
defensive posture, reaction to compromise, off-hours monitoring, and threat containment. For ongoing funding, we
have already secured a commitment through the Moses Lake City Manager to fund ongoing licensing costs
beginning at the anticipated expiration of grant-funded licensing term (2027), provided we can acquire grant
funding to cover implementation costs and initial term licensing fees. A letter of support from the City Manager will
be included with the SLCGP submitted materials.
OUTCOME
Because Sophos NDR will monitor and analyze all incoming and outgoing internet traffic, monitor and analyze all
internal machine-to-machine traffic (through existing Sophos EDR software and hardware investments),
automatically and proactively isolate suspicious activity, and is actively monitored by Sophos' SOC 24x7x365, we
anticipate a huge increase in our cybersecurity defensive posture. This will also provide a massive improvement for
our small IT staff in both supplying a critical analytical toolset that we do not have as well as provide round-the-
clock live monitoring which we do not have the staff to accomplish otherwise.
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Attachment E
BUDGET
FY 2023 State and Local Cybersecurity Grant Program
City of Moses Lake
AGREEMENT AMOUNT $80,840
PROJECT #1
SOLUTION AREA
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE M&A TOTAL
Salaries & Benefits $0 $0 $0 $0 $0 $0
Supplies $0 $0 $0 $0 $0 $0
Travel/Per Diem $1,500 $0 $0 $1,500 $0 $3,000
Contractor/Consultant $6,300 $26,040 $0 $0 $0 $32,340
Passthrough $0 $0 $0 $0 $0 $0
Other $0 $0 $0 $0 $0 $0 $0
Equipment $0 $0
SUBTOTAL $7,800 $26,040 $0 $0 $1,500 $0 $35,340
Indirect $0
TOTAL $7,800 $26,040 $0 $0 $1,500 $0 $35,340
PROJECT #2
SOLUTION AREA
PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE M&A TOTAL
Salaries & Benefits $0 $0 $0 $0 $0 $0
Supplies $0 $0 $0 $0 $0 $0
Travel/Per Diem $0 $0 $0 $0 $0 $0
Contractor/Consultant $0 $0 $0 $1,500 $0 $1,500
Passthrough $0 $0 $0 $0 $0 $0
Other $0 $0 $0 $0 $44,000 $0 $44,000
Equipment $0 $0
SUBTOTAL $0 $0 $0 $0 $45,500 $0 $45,500
Indirect $0
TOTAL $0 $0 $0 $0 $45,500 $0 $45,500
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Attachment F
TIMELINE
FY 2023 State and Local Cybersecurity Grant Program
DATE TASK
December 1, 2023 Grant Agreement start date
NLT December 30, 2024 Complete NCSR
May 31, 2025 Grant Agreement end date
July 15, 2025 Submit Final Reimbursement Request and Closeout Report
October 1st annually Nationwide Cybersecurity Review (NCSR) opens for input
https://www.cisecurity.org/ms-isac/services/ncsr
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DHS-FEMA-SLCGP-FY23 Page 39 of 39 City of Moses Lake, E25-258
Attachment G
BUILD AMERICA, BUY AMERICA ACT SELF-CERTIFICATION
The Subrecipient’s contractors and subcontractors must sign and submit the following certification to the next
tier, with the Subrecipient forwarding to the Department Key Personnel for each bid or offer for an
infrastructure project that has not been waived by a BABAA waiver.
The undersigned certifies, to the best of their knowledge and belief, that:
The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure”
projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the
project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52.
The undersigned certifies that for the Insert Project Name and Location that the iron, steel, manufactured
products, and construction materials used in this contract are in full compliance with the BABAA requirements
including:
1. All iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. All manufactured products purchased with FEMA financial assistance must be produced in the United
States. For a manufactured product to be considered produced in the United States, the cost of the
components of the manufactured product that are mined, produced, or manufactured in the United States
is greater than 55% of the total cost of all components of the manufactured product, unless another
standard for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
3. All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States.
“The [Contractor or Subcontractor], ______________________, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the [Contractor or
Subcontractor] understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for
False Claims and Statements, apply to this certification and disclosure, if any.”
_______________________________________________________
Signature of [Contractor’s or Subcontractor’s] Authorized Official
Enter Name and Title
Name and Title of [Contractor’s or Subcontractor’s] Authorized Official
Date
COML Council Packet 02-11-2025, Page 60 of 112
Washington Military Department Contract Number:_______
Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
NAME Doing business as (DBA)
ADDRESS Applicable Procurement
or Solicitation #, if any:
WA Uniform Business
Identifier (UBI)
Federal Employer Tax
Identification #:
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
``Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,'' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency. Where the prospective lower tier
participant is unable to certify to any of the statements in this certification, such prospective participant shall
attach an explanation to this form.
Bidder or Contractor Signature: _______________________________________ Date: _____________
Print Name and Title: _______________________________________________
City of Moses Lake City of Moses Lake
401 S. Balsam Street
Moses Lake, WA 98837 134-000-982 91-6007721
2/12/2025
Madeline Prentice, Acting City Manager
COML Council Packet 02-11-2025, Page 61 of 112
Washington Military Department Contract Number:_______
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is “Debarment, Suspension, Ineligibility, and Voluntary Exclusion”?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
x had a contract or grant with a federal agency, and
x gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
x Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington Military Department. Federal law (Executive Order 12549)
requires Washington Military Department ensure that persons or companies that contract with Washington Military
Department are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency
Code of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell Washington Military Department in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word “proposal” mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to Washington Military Department.
What or who is a “lower tier participant”?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department. If
you hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from Washington Military Department. Covered Transaction does not include mandatory
entitlements and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by Washington Military Department, the Contractor shall complete
a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
COML Council Packet 02-11-2025, Page 62 of 112
Page ____ of ____
SIGNATURE AUTHORIZATION FORM (SAF)
WASHINGTON MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on page 2 before completing this form.
NAME OF ORGANIZATION DATE SUBMITTED
GRANT PROGRAM - Acronyms Accepted AGREEMENT NUMBER(S)
1. AUTHORIZING AUTHORITY
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR
TYPE NAME
TITLE & TERM OF OFFICE
(If applicable)
2. AUTHORIZED TO SIGN AGREEMENTS / AMENDMENTS
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR
TYPE NAME
TITLE & TERM OF OFFICE
(If applicable)
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
PHYSICAL SIGNATURE E-SIGNATURE PRINT OR
TYPE NAME
TITLE & TERM OF OFFICE
(If applicable)
SAF Revised 5/8/2024
City of Moses Lake 2/12/2025
Network Monitoring & Business Continuity & Cybersecruity Incident Plan E25-258
Dustin Swartz Mayor
Madeline Prentice Acting City Manager
James Richmond Technology Services Director
Madeline Prentice Finance Director
11
COML Council Packet 02-11-2025, Page 63 of 112
INSTRUCTIONS FOR THE SIGNATURE AUTHORIZATION FORM (SAF)
This form identifies the authorizing authority(ies) and person(s) who have the authority to sign
agreements, amendments, and requests for reimbursement. It is required for the management
of your agreement with the Washington Military Department (WMD). Please complete all
sections. The signature and/or e-signatures included on this SAF must match what is on the
agreement, amendment, debarment form, and A-19 invoice voucher submitted. It is required
that the signatures in WMD's files are current. Changes in staffing or responsibilities will require
a new SAF.
At least one person must be assigned to each of the three roles and the same person can
be assigned to multiple roles. If more than one individual will be signing an agreement,
amendment, or reimbursement request please make sure everyone signs this form. If
additional lines are needed, please fill out two forms and title them 1 of 2 and 2 of 2.
1. Authorizing Authority. Generally, the person(s) signing in this section heads the
governing body of the organization such as the board chair or mayor. In some cases, the
chief executive officer may have been delegated this authority.
2. Authorized to Sign Agreements / Amendments. The person(s) given the authority to
bind the agency/organization to the terms and conditions of the agreement. Usually, it is
the county commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive director, city
clerk, treasurer, or administrative assistant have this authority. When a request for
reimbursement is received, the signature on the A-19 invoice voucher is verified that it
matches the signature on this form. It is advisable to have more than one person
authorized to sign reimbursement requests. This will help prevent delays in
processing a request if one person is temporarily unavailable. The payment can be
delayed if the request is presented without the proper signature.
Once filled out, send the original to WMD with the signed agreement. It is recommended you
keep a copy with the executed agreement in your files. Multiple grant agreements can be
included on one SAF if they are all under the same grant program (e.g., 22EMPG and
23EMPG). Two distinct grant programs cannot be included on the same SAF (e.g., SHSP and
EMPG).
If you have any questions regarding this form or to request new forms, please call your main
grant point of contact at WMD.
COML Council Packet 02-11-2025, Page 64 of 112
Council Staff Report
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
To:
Madeline Prentice, Acting City Manager
From
Brian Baltzell, Public Works Director
For Agenda of:
2/11/2025
Agenda Item Number:
25082 - Revised
Department
Public Works
Proceeding Type
Consent Agenda
Sand Hill Place Phase 1 Accept Improvements Resolution 4001
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends City Council motion to accept the improvements as presented.
Sheet 2 Grading Plan.tif 339.92KB
Resolution to accept improvements.docx 15.8KB
Maintenance Bond UNSIGNED.pdf 77.06KB
The platting regulations require all the street and utility improvements installed in right of way and municipal
easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits.
The construction plans are required to be reviewed and approved by the City prior to construction. All the
construction work is inspected to assure compliance with the construction plans and city standards.
The street and utility improvements in place will serve 80 single-family residential lots. These improvements
include, but are not limited to: Full width street improvements including water, sewer, and storm improvements
to 1,005.36 LF of Cove West Drive west from the intersection of Hansen Road to the phase limits of the project,
686.39 LF Red Head Avenue from Widgeon Street to Muscovy Street, 871.68 LF Sand Hill Street from Widgeon
Street to Hansen Road, 638.22 LF Widgeon Street north from Cove West Drive to phase limits and 372.87 LF
Muscovy Street from Red Head Ave north to phase limits.
Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements. A
SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $1,086,729.73 (50% of total
costs of $2,173,459.46) to the City is required to be provided by the owners for the two-year maintenance period
which commences on the date of acceptance of the improvements by the City Council.COML Council Packet 02-11-2025, Page 65 of 112
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Options and Results
The improvements will be accepted, and the plat can be completed.
Staff will bring back options for recommended changes.
The City will not accept the plat improvements and the plat could not be completed.
COML Council Packet 02-11-2025, Page 66 of 112
COML Council Packet 02-11-2025, Page 67 of 112
RESOLUTION NO. 4001
A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR
MUNICIPAL USE AS A PART OF THE SAND HILL PLACE PHASE 1 MAJOR PLAT
DEVELOPMENT
Recitals: 1. Street and Utility improvements lying in dedicated right-of-way or easements are in
place and connected to the City of Moses Lake’s street and utility systems as part of
Sand Hill Place Phase 1 Major Plat Development. The project includes full-width street, water, sewer, and storm improvements. 2. Said street and utility improvements have been installed in accordance with the City of
Moses Lake’s Community Standards and were completed in February of 2025.
3. RCW 35.90.030, indicates that developer installed public street and utility facilities, should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards.
4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period which commences on February 11, 2025.
Resolved:
1. The City Council of the City of Moses Lake accepts the Sand Hill Phase 1 Major Plat
Development street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After February 11, 2025, all operational costs of the said street and utility
improvements shall be borne by the City of Moses Lake as provided by city
ordinance and subject to the required maintenance bond.
3. Subject to final inspection, after February 12, 2027, all further maintenance and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance.
ACCEPTED by the City Council on February 11, 2025.
_______________________________ Dustin Swartz, Mayor ATTEST:
_______________________________ Debbie Burke, City Clerk
COML Council Packet 02-11-2025, Page 68 of 112
Maintenance Bond
DATE POSTED:
____________________________
DATE EXPIRES: __________________________
RE: PLAT / PROJECT: Sand Hill Place Phase 1 MP
Owner/Developer/Contractor: Mitchell Development Corporation
Project Address: Parcel 110065200
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Moses Lake, Washington (hereinafter “City”) has approved an
application by ______________________ (hereinafter “Developer”) for the construction of an
extension to the City’s infrastructure to serve the ____Sand Hill Place Phase 1
MP____(hereinafter “Development”), in accordance with the City ordinances governing street,
storm sewer, sanitary sewer, and water, which are incorporated into this agreement by reference,
and which require the Developer to furnish a bond for the faithful maintenance of the work,
including replacement or repair, for a period of 24 months from the final and written acceptance
by the City.
NOW, THEREFORE, Developer and ________________________________
(hereinafter Surety, Lender, Depositor), are held and firmly bound to the City in the amount of
_One Million, Eighty-six Thousand, Seven Hundred Twenty-nine Dollars and Seventy-
three Cents_($1,086,729.73) for the payment of which Developer and Surety do jointly and
severally bind themselves, their heirs, personal representatives, successors and assigns.
1. The work shall remain free of defects in material, workmanship and installation for a
period of 24 months from the final and written acceptance by the City; and in the case of street
trees, shall survive for a period of 24 months from the date of final and written acceptance by the
City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the
state of project as accepted by the City during the 24 month period following final and written
acceptance, and includes but is not limited to repair or replacement of defective workmanship,
materials or installations. These improvements include, but are not limited to: ___Full width
street improvements including water, sewer, and storm improvements to 1,005.36 LF of
Cove West Drive west from the intersection of Hansen Road to the phase limits of the
project, 686.39 LF Red Head Avenue from Widgeon Street to Muscovy Street, 871.68 LF
Sand Hill Street from Widgeon Street to Hansen Road, 638.22 LF Widgeon Street north
from Cove West Drive to phase limits and 372.87 LF Muscovy Street from Red Head Ave
north to phase limits. These improvements will serve 80 Single-family Residential lots.
______________________________________________________________________________
2. The Developer and Surety, Lender, Depositor agree that in the event that any of the
improvements or restoration work installed or completed by the Developer or Surety pursuant to
the above referenced permit, plans, conditions and file, fail to remain free from defects in
COML Council Packet 02-11-2025, Page 69 of 112
materials, workmanship or installation, for a period of 24 months from the date of acceptance of
the work by the City, the Developer shall repair and/or replace the same within ten (10) days of
demand by the City, and if the Developer should fail to do so, then the Surety shall, within (20)
days of demand by the City, make a written commitment to the City that it will either:
A) Remedy the defect(s) itself with reasonable diligence pursuant to a time schedule
acceptable to the City, or
B) Tender to the City within an additional ten (10) days, the amount necessary as
determined by the City, for the City to remedy the defect(s), up to the total bond amount.
The Surety, Lender, Depositor shall then fulfill its obligation under this bond, according to the
requirement selected by the Surety, Lender, Depositor under either paragraph 2.A or 2.B above.
If the Surety, Lender, Depositor elects to fulfill its obligation under paragraph 2.B above, then
upon completion of the remedy, the City shall notify the Surety, Lender, Depositor of the actual
cost of the remedy. The City shall return, without interest, any overpayment made by the Surety,
Lender, Depositor, and the Surety, Lender, Depositor shall pay to the City any actual cost which
exceeded the City’s estimate, limited to the bond amount.
3. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and until released in writing by the City at the request of the Surety.
Lender, Depositor or Developer.
4. Any corrections required shall be commenced within seven (7) days of notification by
the City and completed within thirty (30) days of the date of notification, weather permitting. If
the work is not performed in a timely manner, the City shall have the right, without recourse to
legal action, to have said work performed, at the expense of the Developer.
5. No change, extension of time, alteration or addition to the work to be performed by the
Developer shall affect the obligation of the Developer or Surety, Lender, Depositor on this bond,
and the Surety, Lender, Depositor waives notice of any such change, extension, alteration or
addition there under.
6. It is hereby specifically agreed by and between the parties that in the event any legal
action must be taken to enforce the provisions of this bond or to collect said bond, the
substantially prevailing party shall be entitled to collect its costs and reasonably attorney fees as
a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or
resolution of these issues prior to the filing of any suit, the actual costs incurred by the City,
including reasonable attorney fees, shall be considered a part of the obligation hereunder
secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not
only from the proceeds of this bond, but also over and above said bond as a part of any judicial
proceeding, in addition to recovery on the bond. The Developer and Surety, Lender, Depositor
hereby agree that this Agreement shall be governed by the laws of the State of Washington.
Venue of any litigation arising out of this Agreement shall be in Grant County Superior Court.
COML Council Packet 02-11-2025, Page 70 of 112
IN WITNESS WHEREOF, the Developer and Surety, Lender, Depositor have caused this bond
to be signed by their duly authorized officers or representative this _____ day of ____________,
20___.
_______________________________ ______________________________
Developer Surety, Lender, Depositor
By:_____________________________ By:___________________________
By:_____________________________ By:___________________________
Attorney in Fact
Title:___________________________ <If Surety Method Used>
_______________________________
Business Name
_______________________________ ______________________________
Business Address Business Address
______________________________ ______________________________
City/State/Zip Code City/State/Zip Code
_____________________________ ______________________________
Business Telephone Number Business Telephone Number
Accepted by the City of Moses Lake:
______________________________________
Name/Title
______________________________________
COML Council Packet 02-11-2025, Page 71 of 112
BOND NO. ___________________
STATE OF )
ss.
County of )
I, the undersigned, a Notary Public in and for the State of _______________, duly
commissioned and sworn, do hereby certify that on this ___________ day of _______________,
20______, personally appeared ______________________________, to me known to be the
individual described in and who executed the within instrument and acknowledged that
(he/she/they) signed the same as (his/her/their) free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS day of , .
Notary Public in and for the State of
residing in .
My commission expires on_______.
COML Council Packet 02-11-2025, Page 72 of 112
STATE OF )
ss.
County of )
I, the undersigned, a Notary Public in and for the State of ______________, duly
commissioned and sworn, do hereby certify that on this _______________ day of
____________, 20______, personally appeared ___________________________, to me known
to be the Officer of the Surety described in and who executed the within instrument and
acknowledged that (he/she/they) signed the same as (his/her/their) free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS day of , .
Notary Public in and for the State of______,
residing in_______________.
My commission expires on_____________.
COML Council Packet 02-11-2025, Page 73 of 112
COML Council Packet 02-11-2025, Page 74 of 112
Group14 Technologies Inc. mm: 04/15/2024 Industrial Waste Discharge Permit No. 26
16
CITY OF MOSES LAKE
INDUSTRIAL WASTE DISCHARGE PERMIT NO. 26
Group14 Technologies Inc.
Battery Active Materials Factory 2
13431 Wheeler Road NE
Moses Lake, Washington 98837
Effective Date
Expiration Date
INTRODUCTION
This wastewater discharge permit is hereby granted by the City of Moses Lake, Washington, referred to as the City, to Group14
referred to as the Permittee. This permit is issued in conjunction with the Washington State Department of Ecology Temporary Permit
effective date December 11, 2023. This permit authorizes Permittee to discharge wastewater from the permittee’s Industrial Facility
into the City’s POTW in accordance with the conditions contained within this permit. The permit becomes effective as of the date
signed by the City.
GENERAL CONDITIONS
1. All discharges and activities authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant not authorized by this permit shall constitute a violation of the terms and conditions of this permit.
Whenever the Permittee refuses to take corrective action or continues a violation, the imposition of civil penalties or
termination of this permit may result, or both. Termination of this permit may require disposal of the wastewater in some
manner other than into the private sewer or to the City’s POTW, at the expense of the Permittee.
2. Nothing in this permit shall be construed as excusing the Permittee from complying with any current federal, state, or local
statutes, ordinances, or regulations. If the State’s Waste Discharge Permit requires more stringent limitations on discharge to
the POTW, the State’s discharge permit shall take precedence; and, the requirements contained herein may be revised after
written notice from the City. After written notice from the City is received, the Permittee has ten (10) business days to
request a hearing before the City Council. The City will provide the Permittee an opportunity for a hearing before the City
Council, if requested; and, depending on the magnitude of the changes, the Permittee, City, and DOE may negotiate a
compliance schedule under which to make the changes necessary to come into compliance with the more stringent limits.
3. All facility changes that may result in a significant deviation in character of pollutants discharged to the POTW, from that
herein specified, shall be reported to the City. Significant adverse deviations in character of pollutants shall be authorized by
the City before discharge to the sewer system. No significant change shall be made until plans have been approved by the
City, and a new or modified permit has been issued. No new connections, increased flows, or significant changes in
wastewater characteristics are permitted that will cause violation of the effluent limitations specified herein.
The diversion or bypass of any discharge from any pre-treatment facility utilized by the Permittee to maintain compliance
with the terms of this permit is prohibited except where unavoidable to prevent loss of life or severe property damage. The
procedure outlined in paragraph four (4) of these General conditions shall be followed in the event of such a diversion or
bypass to the City’s POTW.
" $ !#
COML Council Packet 02-11-2025, Page 75 of 112
Group14 Technologies Inc. mm: 04/15/2024 Industrial Waste Discharge Permit No. 26
26
GENERAL CONDITIONS (continued)
4. In the event the Permittee is unable to comply with any of the conditions of this permit because of a breakdown of
equipment or facilities, due to actions on the part of the Permittee, the Permittee shall perform the following actions:
a. Immediately stop, contain, and clean up the unauthorized discharge and correct the problem.
b. Immediately notify the City so steps can be taken to prevent damage to the POTW.
c. Submit a written report within fifteen (15) business days of occurrence, describing the breakdown, the actual
quantity and quality of the resulting waste discharge, corrective action taken, and the steps taken to prevent a
recurrence.
d. Pay reasonable costs incurred by the City that are associated with a breakdown, accident, or other cause that can be
demonstrated as attributable to such event.
Any permit noncompliance constitutes a violation of chapter 13.05 of the Moses Lake Municipal Code and is grounds for
enforcement action in accordance with that code.
5. Compliance with the above requirements does not relieve the Permittee from responsibility to maintain continuous
compliance with the conditions of this permit, or the resulting liability for failure to comply.
6. The Permittee shall adequately maintain and efficiently operate all treatment or control facilities or systems installed or used
by the Permittee to achieve compliance with the terms and conditions of this permit.
7. After written notice of one of the following, the Permittee has ten (10) business days from the date of the notice to request a
hearing before the City Council. If the City Council determines a violation has occurred, the permit may be amended,
suspended, or revoked in whole or in part.
a. Violation of any terms or conditions of this permit.
b. Obtaining this permit by misrepresentation or failure to fully disclose all relevant facts.
c. A change in any condition that requires a permanent reduction or elimination of permanent discharge to the POTW.
8. The Permittee shall allow authorized representatives of the City to perform the following actions, at all reasonable times:
a. Enter that portion of the premises by escort where an effluent source or disposal system is located or where records
are required to be kept under the terms and conditions of this permit.
b. Inspect monitoring equipment or monitoring methods required by this permit.
c. Sample discharge of pollutants.
d. Review test results and test methods.
9. This permit does not constitute authority for discharge into public waters of Washington State. Any such discharge by the
Permittee shall be subject to applicable regulations administered by the Department of Ecology.
10. The costs incurred by the City in handling, treating, monitoring, and disposing of the Permittee's wastewater shall be borne
by the Permittee in the rate structure. The City may set forth the various fees in a separate ordinance.
11. The Permittee shall make application for permit renewal at least 180 days prior to the expiration date of the permit. In the
event that the City does not respond within the allotted 180 day period, the existing permit shall remain in force until the
revised permit is issued.
" $ !#
COML Council Packet 02-11-2025, Page 76 of 112
Group14 Technologies Inc. mm: 04/15/2024 Industrial Waste Discharge Permit No. 26
36
12. The Permittee shall submit payment of fees associated with this permit as set forth in the fee schedule adopted by the City of
Moses Lake. The City may revoke this permit if the permit fees are not paid.
Effluent Limits
During the period of this permit, the Permittee is authorized to discharge wastewater to the POTW subject to the specified flow,
concentration, and monitoring requirements. Wastewater shall be monitored and discharged to the POTW and shall not exceed the
maximum daily flow of (100,000) gallons per day and a maximum monthly average of (89,496) gallons a day. The effluent limitations
for the discharge to the POTW are shown in Table 1: Effluent Limits Monitoring Point 2 (Facility’s Monitoring Point).
Effluent characteristic limits not listed in this permit are set forth in Chapter 13.05, Wastewater Regulations, City of Moses Lake
Municipal Code.
In order to meet the effluent limitations, the Permittee shall provide facilities as specified herein. When required, pretreatment and
storage facilities shall be designed and operated by the Permittee in a manner such that the wastewater discharge to the POTW
complies with the effluent limits. During emergency conditions, or when the effluent does not meet the conditions of this permit, the
Permittee shall divert the flow, collect the wastewater, and re-treat the effluent. If the permit effluent limitations cannot be achieved
by the onsite treatment system, the effluent shall be collected and sent off site for disposal in accordance with applicable regulations.
Beginning on the issuance date and lasting through the expiration date of this permit, the Permittee is authorized to discharge
wastewater to the City of Moses Lake POTW subject to the following limitations:
Discharge Limits
TABLE 1: Effluent Limits Monitoring Point 2 (Facility Monitoring Point)
Parameter MLMC 13.05.070 Limits Monthly Average Maximum Daily a
Flow NA 89,496 gallons per day 100,000 gallons per day
BOD5 300 mg/l NA 250 lbs/day
Fats, Oil & Grease (FOG) 100 mg/l NA 83 lbs/day
Total Suspended Solids (TSS) 350 mg/l NA 292 lbs/day
Parameter Minimum Maximum
pH 6.0 11.0
Temperature NA 104qF
Color NA 100 c.u.
a. Maximum Daily effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a
pollutant measured during a calendar day. For pollutants with limits expressed in units of mass, calculate the daily discharge as
the total mass of the pollutant discharged over the day [lbs/day = (concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. For color and pH,
the daily discharge is the average measurement of the pollutant over the day. For temperature, no single measurement shall
exceed 104qF.
" $ !#
COML Council Packet 02-11-2025, Page 77 of 112
Group14 Technologies Inc. mm: 04/15/2024 Industrial Waste Discharge Permit No. 26
46
Monitoring Requirements
The Permittee shall monitor the wastewater parameters according to the following schedule in Table 2: Monitoring Requirements Final
Wastewater Effluent Monitoring Point 2 (POTW).
Table 2: Monitoring Requirements Final Wastewater Effluent Monitoring Point 2 (POTW)
Parameter Units Sampling Frequency
Sample Type
Flow, (Maximum Daily) Gallons/day (GPD) Continuous a Metered
BOD5 (Max. Daily) lbs/day e 1/Week 24-Hour Composite c
FOG (Max Daily) lbs/day e 1/Week Grab Sample
TSS (Max Daily) lbs/day e 1/Week 24-Hour Composite c
pH (Minimum; Maximum) f Standard Units Continuous a Metered
Temperature qF Continuous a Metered
Color Color Units monthly Grab Sample b
a Continuous means the uninterrupted except for brief length of time for calibration, power failure, or unanticipated equipment repair
or maintenance. The Permittee shall sample at least six times when continuous monitoring is not possible.
b Grab means an individual sample collected over fifteen (15) minute, or less period of time.
c 24-hour Composite samples shall be comprised of a flow-proportional samples collected by an electronically controlled device.
e Calculated effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar
day. For pollutants with limits expressed in units of mass, calculate the daily discharge as the total mass of the pollutant discharged over the day: [lbs/day =
(concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. This does not apply to pH.
f The Permittee shall report the instantaneous maximum and minimum pH monthly. Do not average pH values.
SURCHARGE SCHEDULE
If Maximum Daily Effluent Limits for TSS, BOD5, or FOG from Table 1 are exceeded during the month, a surcharge will be added to that monthly
billing statement, and the Permittee will provide a proposal for review by the City of Moses Lake Wastewater Manager to demonstrate how the
effluent will be reduced to permitted levels. Failure to reduce the effluent to permitted levels will constitute a violation of this permit. Surcharge rates
are shown in Table 3: Surcharge Schedule.
Table 3: Surcharge Schedule c
Parameter Base Rate a Base Rate X 1.5 b Base Rate x 2 b Base Rate x 4 b Base Rate x 6
b
BOD5 < 250 mg/L > 250 mg/L > 499 mg/L > 749 mg/L > 999 mg/L
FOG < 83 mg/L > 83 mg/L > 171 mg/L > 249 mg/L > 331 mg/L
TSS < 292 mg/L > 292 mg/L > 584 mg/L > 875 mg/L > 1167 mg/L
a Sewer rates are subject to change; but, the surcharge rates will remain unchanged for the duration of the Permit.
b A surcharge will accrue when any one parameter has exceeded the limit, and the surcharge will be applied to the
monthly statement at the highest rate calculated from Table 3.
c The base rate is the rate for wastewater that is charge to commercial users, as adopted by City Council. The base
rate may be obtained by contacting Utility Billing at 509-764-3715. The base rate is subject to change whenever the
fee schedule is revised by the City Council. The monthly surcharge will be calculated using the monthly averages.
Reporting and Record Requirements
The Permittee shall monitor and report in accordance with the conditions set forth in this permit. Falsification of the information submitted to
Ecology or to the City of Moses Lake is a violation of the terms and conditions of this permit.
Monitoring Results required by this permit shall be submitted by email on or before the 15th day of the month following the sampling period. A copy
of the DMR in Ecology “Paris” format will be accepted so long as it is accompanied by the electronic signature form.
Please email all reports to the following email addresses: publicworksadmin@cityofml.com.
" $ !#
COML Council Packet 02-11-2025, Page 78 of 112
Group14 Technologies Inc. mm: 04/15/2024 Industrial Waste Discharge Permit No. 26
56
Waste Preventative Practices
Waste preventive practices shall be used to reduce or eliminate contaminant loading to the POTW. These practices may include, but are not
limited to the following:
a. The Permittee shall provide access to the monitoring and flow control station for authorized representatives of the City during normal
business hours and in the event of an emergency.
b. The pretreatment and storage systems shall be maintained continuously in satisfactory and effective condition by the Permittee, and
shall be subject to periodic inspection by the City.
c. The Permittee shall designate a representative whose responsibilities include the operation and maintenance of the pretreatment and
storage facilities, monitoring and permit compliance, and all other aspects of the wastewater discharge. The representative shall be
available to meet with the City on any matter related to the wastewater discharge to the POTW.
d. The Permittee shall be held liable for all damages directly attributable to its wastewater discharge, exclusive of normal wear and tear.
Permittee shall not be jointly and severally liable for the damage caused by any other party, but shall be liable for its pro-ratio share of
all liability directly attributable to Permittee’s waste discharge. Liability for damages may include damages to the sewage collection
system, pump stations, sewage treatment plant, and degradation of receiving water.
e. The following requirements shall apply:
In the event that hazardous petroleum or radioactive material reaches the POTW, contact 911 upon discovery. Then immediately
notify Public Works-Operations by phone or email.
Reporting Permit Violations
The Permittee shall take the following actions when either the City permit or the State permit conditions are violated:
a. Immediately stop, contain, and cleanup unauthorized discharges; stop the noncompliance; and
correct the cause of the problem.
b. Contact the City of Moses Lake within 24 hours by phone or E-mail.
If State permit conditions are violated, also follow the requirements of the State permit with regards to reporting violations.
City Contact Information
1. Public Works-Operations 509-764-3951 (24-hour) or publicworksadmin@cityofml.com
2. After-Hours Service 509-764-3951
3. Chris Campbell, Wastewater Division Manager 509-764-3965 or ccampbell@cityofml.com
4. Emergency Call 911
Permittee’s Contact Information
The Permittee authorizes the following personnel to be contacted regarding this permit.
DMR Contact:
1. Nick Anderson nianderson@group14.technology
Facility Contact: (Site Manager)
1. Paul Stenhouse pstenhouse@group14.technology
The Permittee shall notify the City whenever the contact(s) shown are revised.
" $ !#
COML Council Packet 02-11-2025, Page 79 of 112
Group14 Technologies Inc. mm: 04/15/2024 Industrial Waste Discharge Permit No. 26
66
GLOSSARY
City: The City of Moses Lake, a municipal corporation of the State of Washington, or its duly authorized agents or representatives.
Composite Sample: A mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by
mixing discrete samples. The sample may be time-composite (collected at constant time intervals) or flow-proportional (collected either as a constant
volume at time intervals proportional to stream flow); or collected by increasing the volume of each aliquot as the flow increased while maintaining a
constant time interval between the aliquots.
Constituent: Any of the pollutants or potential pollutants found in the wastewater.
Effluent Limits: Flow, concentration, pH, and mass loading limitations for wastewater discharged to the POTW by the Permittee.
Monitoring: The program of flow and constituent determination outlined to ensure compliance with the effluent limitations and to define the flow and
constituent levels in an expanded scope for the wastewater discharged to the POTW.
Permittee: Group14 Technologies Inc.
POTW: The system of gravity sewers, force mains, pumps stations, and sewage treatment plants owned by the City of Moses Lake.
Wastewater: Water discharged as a by-product of any of the various industrial processes.
In witness whereof, the parties hereto have caused this permit to be executed in duplicate by their respectively authorized officers or representatives.
City of Moses Lake
Public Works-Operations
401 S. Balsam Street
P. O. Drawer 1579
Moses Lake, Washington 98837
Date _______________ By: _____________________________________
City Manager
Group14 Technologies Inc.
Battery Active Materials Factory 2
13431 Wheeler Road NE
Moses Lake, Washington 98837
Date ________________ By: ____________________________________
Plant Manager
2024-05-17
2024-05-17
" $ !#
COML Council Packet 02-11-2025, Page 80 of 112
Signature Certificate
Reference number:FVQZB-S3ZAK-MOW3F-A7NIA
Document completed by all parties on:
17 May 2024 17:09:37 UTC
Page1of1
Signer Timestamp Signature
Paul Stenhouse
Email:pstenhouse@group14.technology
Recipient Verification:
Sent:16 May 2024 15:13:47 UTC
Viewed:16 May 2024 16:52:00 UTC
Signed:17 May 2024 16:56:52 UTC
ྥEmail verified 16 May 2024 16:52:00 UTC
IP address: 166.113.61.180
Location: Moses Lake, United States
Madeline Prentice
Email:mprentice@cityofml.com
Recipient Verification:
Sent:16 May 2024 15:13:47 UTC
Viewed:17 May 2024 16:57:59 UTC
Signed:17 May 2024 17:09:37 UTC
ྥEmail verified 17 May 2024 16:57:59 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
Signed with PandaDoc
PandaDoc is a document workflow and certified eSignature
solution trusted by 50,000+ companies worldwide.
COML Council Packet 02-11-2025, Page 81 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 3 of 7
Effluent Limits
During the period of this permit, the Permittee is authorized to discharge wastewater to the POTW subject to the specified flow,
concentration, and monitoring requirements. Wastewater shall be monitored and discharged to the POTW and shall not exceed the
maximum daily flow of (100,000) gallons per day and a maximum monthly average of (89,496) gallons a day. The effluent limitations
for the discharge to the POTW are shown in Table 1: Effluent Limits Monitoring Point 2 (Facility’s Monitoring Point).
Effluent characteristic limits not listed in this permit are set forth in Chapter 13.05, Wastewater Regulations, City of Moses Lake
Municipal Code.
In order to meet the effluent limitations, the Permittee shall provide facilities as specified herein. When required, pretreatment and
storage facilities shall be designed and operated by the Permittee in a manner such that the wastewater discharge to the POTW
complies with the effluent limits. During emergency conditions, or when the effluent does not meet the conditions of this permit, the
Permittee shall divert the flow, collect the wastewater, and re-treat the effluent. If the permit effluent limitations cannot be achieved
by the onsite treatment system, the effluent shall be collected and sent off site for disposal in accordance with applicable regulations.
Beginning on the issuance date and lasting through the expiration date of this permit, the Permittee is authorized to discharge
wastewater to the City of Moses Lake POTW subject to the following limitations:
Discharge Limits
TABLE 1: Effluent Limits Monitoring Point 2 (Facility Monitoring Point)
Parameter MLMC 13.05.070 Limits Monthly Average Maximum Daily a
Flow NA 89,496 gallons per day 100,000 gallons per day
BOD5 300 mg/l NA 250 lbs/day
Fats, Oil & Grease (FOG) 100 mg/l NA 83 lbs/day
Total Suspended Solids (TSS) 350 mg/l NA 292 lbs/day
Parameter Minimum Maximum
pH 6.0 11.0
Temperature NA 104qF
Color NA 100 c.u.
a. Maximum Daily effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a
pollutant measured during a calendar day. For pollutants with limits expressed in units of mass, calculate the daily discharge as
the total mass of the pollutant discharged over the day [lbs/day = (concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. For color and pH,
the daily discharge is the average measurement of the pollutant over the day. For temperature, no single measurement shall
exceed 104qF.
COML Council Packet 02-11-2025, Page 82 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 4 of 7
Monitoring Requirements
The Permittee shall monitor the wastewater parameters according to the following schedule in Table 2: Monitoring Requirements Final
Wastewater Effluent Monitoring Point 2 (POTW).
Table 2: Monitoring Requirements Final Wastewater Effluent Monitoring Point 2 (POTW)
Parameter Units Sampling Frequency
Sample Type
Flow, (Maximum Daily) Gallons/day (GPD) Continuous a Metered
BOD5 (Max. Daily) lbs/day e 1/Week 24-Hour Composite c
FOG (Max Daily) lbs/day e 1/Week Grab Sample
TSS (Max Daily) lbs/day e 1/Week 24-Hour Composite c
pH (Minimum; Maximum) f Standard Units Continuous a Metered
Temperature qF Continuous a Metered
Color Color Units monthly Grab Sample b
a Continuous means the uninterrupted except for brief length of time for calibration, power failure, or unanticipated equipment repair
or maintenance. The Permittee shall sample at least six times when continuous monitoring is not possible.
b Grab means an individual sample collected over fifteen (15) minute, or less period of time.
c 24-hour Composite samples shall be comprised of a flow-proportional samples collected by an electronically controlled device.
e Calculated effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar
day. For pollutants with limits expressed in units of mass, calculate the daily discharge as the total mass of the pollutant discharged over the day: [lbs/day =
(concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. This does not apply to pH.
f The Permittee shall report the instantaneous maximum and minimum pH monthly. Do not average pH values.
SURCHARGE SCHEDULE
If Maximum Daily Effluent Limits for TSS, BOD5, or FOG from Table 1 are exceeded during the month, a surcharge will be added to that monthly
billing statement, and the Permittee will provide a proposal for review by the City of Moses Lake Wastewater Manager to demonstrate how the
effluent will be reduced to permitted levels. Failure to reduce the effluent to permitted levels will constitute a violation of this permit. Surcharge rates
are shown in Table 3: Surcharge Schedule.
Table 3: Surcharge Schedule c
Parameter Base Rate a Base Rate X 1.5 b Base Rate x 2 b Base Rate x 4 b Base Rate x 6
b
BOD5 < 250 mg/L > 250 mg/L > 499 mg/L > 749 mg/L > 999 mg/L
FOG < 83 mg/L > 83 mg/L > 171 mg/L > 249 mg/L > 331 mg/L
TSS < 292 mg/L > 292 mg/L > 584 mg/L > 875 mg/L > 1167 mg/L
a Sewer rates are subject to change; but, the surcharge rates will remain unchanged for the duration of the Permit.
b A surcharge will accrue when any one parameter has exceeded the limit, and the surcharge will be applied to the
monthly statement at the highest rate calculated from Table 3.
c The base rate is the rate for wastewater that is charge to commercial users, as adopted by City Council. The base
rate may be obtained by contacting Utility Billing at 509-764-3719. The base rate is subject to change whenever the
fee schedule is revised by the City Council. The monthly surcharge will be calculated using the monthly averages.
COML Council Packet 02-11-2025, Page 83 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 5 of 7
Reporting and Record Requirements
The Permittee shall monitor and report in accordance with the conditions set forth in this permit. Falsification of the information submitted to
Ecology or to the City of Moses Lake is a violation of the terms and conditions of this permit.
Monitoring Results required by this permit shall be submitted on or before the 15th day of the month following the sampling period. A copy of the
Discharge Monitoring Report (DMR) in Ecology “Paris” format will be accepted so long as it is accompanied by the electronic signature form. A
notification can be set up through the Ecology “Paris” site to automatically notify City of Moses Lake when the DMR is submitted. This is the
preferred method to receive monitoring reports. If you choose to submit monitoring results, please email all reports to the following address
wastewater@cityofml.com.
Waste Preventative Practices
Waste preventive practices shall be used to reduce or eliminate contaminant loading to the POTW. These practices may include, but are not
limited to the following:
a. The Permittee shall provide access to the monitoring and flow control station for authorized representatives of the City during normal
business hours and in the event of an emergency.
b. The pretreatment and storage systems shall be maintained continuously in satisfactory and effective condition by the Permittee, and
shall be subject to periodic inspection by the City.
c. The Permittee shall designate a representative whose responsibilities include the operation and maintenance of the pretreatment and
storage facilities, monitoring and permit compliance, and all other aspects of the wastewater discharge. The representative shall be
available to meet with the City on any matter related to the wastewater discharge to the POTW.
d. The Permittee shall be held liable for all damages directly attributable to its wastewater discharge, exclusive of normal wear and tear.
Permittee shall not be jointly and severally liable for the damage caused by any other party, but shall be liable for its pro-ratio share of
all liability directly attributable to Permittee’s waste discharge. Liability for damages may include damages to the sewage collection
system, pump stations, sewage treatment plant, and degradation of receiving water.
e. The following requirements shall apply:
In the event that hazardous petroleum or radioactive material reaches the POTW, contact 911 upon discovery. Then immediately
notify the Public Works Division by phone or email.
Reporting Permit Violations
The Permittee shall take the following actions when either the City permit or the State permit conditions are violated:
a. Immediately stop, contain, and cleanup unauthorized discharges; stop the noncompliance; and
correct the cause of the problem.
b. Contact the City of Moses Lake within 24-hours by phone or E-mail.
If State permit conditions are violated, also follow the requirements of the State permit with regards to reporting violations.
City Contact Information
1. Public Works Division-Operations (24-hour) 509-764-3951
2. After Hours Service 509-764-3951
3. Chris Campbell, Wastewater Division Manager 509-764-3965 or wastewater@cityofml.com
4. Emergency Call 911
COML Council Packet 02-11-2025, Page 84 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 6 of 7
Permittee’s Contact Information
The Permittee authorizes the following personnel to be contacted regarding this permit.
CEO:
1. Rick Luebe rluebbe@group14.technology
DMR Contact:
1. Nick Anderson
nianderson@group14.technology
Facility Contact: (Site Manager)
1. Don Kersey dkersey@group14.technology
The Permittee shall notify the City whenever the contact(s) shown are revised.
COML Council Packet 02-11-2025, Page 85 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 7 of 7
GLOSSARY
City: The City of Moses Lake, a municipal corporation of the State of Washington, or its duly authorized agents or representatives.
Composite Sample: A mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by
mixing discrete samples. The sample may be time-composite (collected at constant time intervals) or flow-proportional (collected either as a constant
volume at time intervals proportional to stream flow); or collected by increasing the volume of each aliquot as the flow increased while maintaining a
constant time interval between the aliquots.
Constituent: Any of the pollutants or potential pollutants found in the wastewater.
Effluent Limits: Flow, concentration, pH, and mass loading limitations for wastewater discharged to the POTW by the Permittee.
Monitoring: The program of flow and constituent determination outlined to ensure compliance with the effluent limitations and to define the flow and
constituent levels in an expanded scope for the wastewater discharged to the POTW.
Permittee: Group14 BAM-2 Inc.
POTW: The system of gravity sewers, force mains, pumps stations, and sewage treatment plants owned by the City of Moses Lake.
Wastewater: Water discharged as a by-product of any of the various industrial processes.
In witness whereof, the parties hereto have caused this permit to be executed in duplicate by their respectively authorized officers or representatives.
CITY OF MOSES LAKE
Public Works Division
321 S. Balsam Street
P. O. Drawer 1579
Moses Lake, WA 98837
Date _______________ By: _____________________________________
City Manager
Group14 BAM-2, Inc.
Battery Active Materials Factory 2
13431 Wheeler Road NE MOSES LAKE, WASHINGTON 98837
Date ________________ By: ____________________________________
Plant Manager
COML Council Packet 02-11-2025, Page 86 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 1 of 7
CITY OF MOSES LAKE
INDUSTRIAL WASTE DISCHARGE PERMIT NO. 26
Group14 BAM-2, Inc.
13431 Wheeler Road NE
Moses Lake, Washington 98837
Effective Date: February 11, 2025
Expiration Date: February 11, 2029
INTRODUCTION
This wastewater discharge permit is hereby granted by the City of Moses Lake, Washington, referred to as the City, to (Group14
BAM-2 Inc.) referred to as the Permittee. This permit is issued in conjunction with the Washington State Department of Ecology
Temporary Permit effective date December 11, 2023. This permit authorizes Permittee to discharge wastewater from the permittee’s
Industrial Facility into the City’s POTW in accordance with the conditions contained within this permit. The permit becomes effective
as of the date signed by the City.
GENERAL CONDITIONS
1. All discharges and activities authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant not authorized by this permit shall constitute a violation of the terms and conditions of this permit.
Whenever the Permittee refuses to take corrective action or continues a violation, the imposition of civil penalties or
termination of this permit may result, or both. Termination of this permit may require disposal of the wastewater in some
manner other than into the private sewer or to the City’s POTW, at the expense of the Permittee.
2. Nothing in this permit shall be construed as excusing the Permittee from complying with any current federal, state, or local
statutes, ordinances, or regulations. If the State’s Waste Discharge Permit requires more stringent limitations on discharge to
the POTW, the State’s discharge permit shall take precedence; and, the requirements contained herein may be revised after
written notice from the City. After written notice from the City is received, the Permittee has ten (10) business days to
request a hearing before the City Council. The City will provide the Permittee an opportunity for a hearing before the City
Council, if requested; and, depending on the magnitude of the changes, the Permittee, City, and DOE may negotiate a
compliance schedule under which to make the changes necessary to come into compliance with the more stringent limits.
3. All facility changes that may result in a significant deviation in character of pollutants discharged to the POTW, from that
herein specified, shall be reported to the City. Significant adverse deviations in character of pollutants shall be authorized by
the City before discharge to the sewer system. No significant change shall be made until plans have been approved by the
City, and a new or modified permit has been issued. No new connections, increased flows, or significant changes in
wastewater characteristics are permitted that will cause violation of the effluent limitations specified herein.
The diversion or bypass of any discharge from any pre-treatment facility utilized by the Permittee to maintain compliance
with the terms of this permit is prohibited except where unavoidable to prevent loss of life or severe property damage. The
procedure outlined in paragraph four (4) of these General conditions shall be followed in the event of such a diversion or
bypass to the City’s POTW.
COML Council Packet 02-11-2025, Page 87 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 2 of 7
GENERAL CONDITIONS (continued)
4. In the event the Permittee is unable to comply with any of the conditions of this permit because of a breakdown of
equipment or facilities, due to actions on the part of the Permittee, the Permittee shall perform the following actions:
a. Immediately stop, contain, and clean up the unauthorized discharge and correct the problem.
b. Immediately notify the City so steps can be taken to prevent damage to the POTW.
c. Submit a written report within fifteen (15) business days of occurrence, describing the breakdown, the actual
quantity and quality of the resulting waste discharge, corrective action taken, and the steps taken to prevent a
recurrence.
d. Pay reasonable costs incurred by the City that are associated with a breakdown, accident, or other cause that can be
demonstrated as attributable to such event.
Any permit noncompliance constitutes a violation of chapter 13.05 of the Moses Lake Municipal Code and is grounds for
enforcement action in accordance with that code.
5. Compliance with the above requirements does not relieve the Permittee from responsibility to maintain continuous
compliance with the conditions of this permit, or the resulting liability for failure to comply.
6. The Permittee shall adequately maintain and efficiently operate all treatment or control facilities or systems installed or used
by the Permittee to achieve compliance with the terms and conditions of this permit.
7. After written notice of one of the following, the Permittee has ten (10) business days from the date of the notice to request a
hearing before the City Council. If the City Council determines a violation has occurred, the permit may be amended,
suspended, or revoked in whole or in part.
a. Violation of any terms or conditions of this permit.
b. Obtaining this permit by misrepresentation or failure to fully disclose all relevant facts.
c. A change in any condition that requires a permanent reduction or elimination of permanent discharge to the POTW.
8. The Permittee shall allow authorized representatives of the City to perform the following actions, at all reasonable times:
a. Enter that portion of the premises by escort where an effluent source or disposal system is located or where records
are required to be kept under the terms and conditions of this permit.
b. Inspect monitoring equipment or monitoring methods required by this permit.
c. Sample discharge of pollutants.
d. Review test results and test methods.
9. This permit does not constitute authority for discharge into public waters of Washington State. Any such discharge by the
Permittee shall be subject to applicable regulations administered by the Department of Ecology.
10. The costs incurred by the City in handling, treating, monitoring, and disposing of the Permittee's wastewater shall be borne
by the Permittee in the rate structure. The City may set forth the various fees in a separate ordinance.
11. The Permittee shall make application for permit renewal at least 180 days prior to the expiration date of the permit. In the
event that the City does not respond within the allotted 180 day period, the existing permit shall remain in force until the
revised permit is issued.
12. The Permittee shall submit payment of fees associated with this permit as set forth in the fee schedule adopted by the City of
Moses Lake. The City may revoke this permit if the permit fees are not paid.
COML Council Packet 02-11-2025, Page 88 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 3 of 7
Effluent Limits
During the period of this permit, the Permittee is authorized to discharge wastewater to the POTW subject to the specified flow,
concentration, and monitoring requirements. Wastewater shall be monitored and discharged to the POTW and shall not exceed the
maximum daily flow of (100,000) gallons per day and a maximum monthly average of (89,496) gallons a day. The effluent limitations
for the discharge to the POTW are shown in Table 1: Effluent Limits Monitoring Point 2 (Facility’s Monitoring Point).
Effluent characteristic limits not listed in this permit are set forth in Chapter 13.05, Wastewater Regulations, City of Moses Lake
Municipal Code.
In order to meet the effluent limitations, the Permittee shall provide facilities as specified herein. When required, pretreatment and
storage facilities shall be designed and operated by the Permittee in a manner such that the wastewater discharge to the POTW
complies with the effluent limits. During emergency conditions, or when the effluent does not meet the conditions of this permit, the
Permittee shall divert the flow, collect the wastewater, and re-treat the effluent. If the permit effluent limitations cannot be achieved
by the onsite treatment system, the effluent shall be collected and sent off site for disposal in accordance with applicable regulations.
Beginning on the issuance date and lasting through the expiration date of this permit, the Permittee is authorized to discharge
wastewater to the City of Moses Lake POTW subject to the following limitations:
Discharge Limits
TABLE 1: Effluent Limits Monitoring Point 2 (Facility Monitoring Point)
Parameter MLMC 13.05.070 Limits Monthly Average Maximum Daily a
Flow NA 89,496 gallons per day 100,000 gallons per day
BOD5 300 mg/l NA 250 lbs/day
Fats, Oil & Grease (FOG) 100 mg/l NA 83 lbs/day
Total Suspended Solids (TSS) 350 mg/l NA 292 lbs/day
Parameter Minimum Maximum
pH 6.0 11.0
Temperature NA 104qF
Color NA 100 c.u.
a. Maximum Daily effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a
pollutant measured during a calendar day. For pollutants with limits expressed in units of mass, calculate the daily discharge as
the total mass of the pollutant discharged over the day [lbs/day = (concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. For color and pH,
the daily discharge is the average measurement of the pollutant over the day. For temperature, no single measurement shall
exceed 104qF.
COML Council Packet 02-11-2025, Page 89 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 4 of 7
Monitoring Requirements
The Permittee shall monitor the wastewater parameters according to the following schedule in Table 2: Monitoring Requirements Final
Wastewater Effluent Monitoring Point 2 (POTW).
Table 2: Monitoring Requirements Final Wastewater Effluent Monitoring Point 2 (POTW)
Parameter Units Sampling Frequency
Sample Type
Flow, (Maximum Daily) Gallons/day (GPD) Continuous a Metered
BOD5 (Max. Daily) lbs/day e 1/Week 24-Hour Composite c
FOG (Max Daily) lbs/day e 1/Week Grab Sample
TSS (Max Daily) lbs/day e 1/Week 24-Hour Composite c
pH (Minimum; Maximum) f Standard Units Continuous a Metered
Temperature qF Continuous a Metered
Color Color Units monthly Grab Sample b
a Continuous means the uninterrupted except for brief length of time for calibration, power failure, or unanticipated equipment repair
or maintenance. The Permittee shall sample at least six times when continuous monitoring is not possible.
b Grab means an individual sample collected over fifteen (15) minute, or less period of time.
c 24-hour Composite samples shall be comprised of a flow-proportional samples collected by an electronically controlled device.
e Calculated effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar
day. For pollutants with limits expressed in units of mass, calculate the daily discharge as the total mass of the pollutant discharged over the day: [lbs/day =
(concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. This does not apply to pH.
f The Permittee shall report the instantaneous maximum and minimum pH monthly. Do not average pH values.
SURCHARGE SCHEDULE
If Maximum Daily Effluent Limits for TSS, BOD5, or FOG from Table 1 are exceeded during the month, a surcharge will be added to that monthly
billing statement, and the Permittee will provide a proposal for review by the City of Moses Lake Wastewater Manager to demonstrate how the
effluent will be reduced to permitted levels. Failure to reduce the effluent to permitted levels will constitute a violation of this permit. Surcharge rates
are shown in Table 3: Surcharge Schedule.
Table 3: Surcharge Schedule c
Parameter Base Rate a Base Rate X 1.5 b Base Rate x 2 b Base Rate x 4 b Base Rate x 6
b
BOD5 < 250 mg/L > 250 mg/L > 499 mg/L > 749 mg/L > 999 mg/L
FOG < 83 mg/L > 83 mg/L > 171 mg/L > 249 mg/L > 331 mg/L
TSS < 292 mg/L > 292 mg/L > 584 mg/L > 875 mg/L > 1167 mg/L
a Sewer rates are subject to change; but, the surcharge rates will remain unchanged for the duration of the Permit.
b A surcharge will accrue when any one parameter has exceeded the limit, and the surcharge will be applied to the
monthly statement at the highest rate calculated from Table 3.
c The base rate is the rate for wastewater that is charge to commercial users, as adopted by City Council. The base
rate may be obtained by contacting Utility Billing at 509-764-3719. The base rate is subject to change whenever the
fee schedule is revised by the City Council. The monthly surcharge will be calculated using the monthly averages.
COML Council Packet 02-11-2025, Page 90 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 5 of 7
Reporting and Record Requirements
The Permittee shall monitor and report in accordance with the conditions set forth in this permit. Falsification of the information submitted to
Ecology or to the City of Moses Lake is a violation of the terms and conditions of this permit.
Monitoring Results required by this permit shall be submitted on or before the 15th day of the month following the sampling period. A copy of the
Discharge Monitoring Report (DMR) in Ecology “Paris” format will be accepted so long as it is accompanied by the electronic signature form. A
notification can be set up through the Ecology “Paris” site to automatically notify City of Moses Lake when the DMR is submitted. This is the
preferred method to receive monitoring reports. If you choose to submit monitoring results, please email all reports to the following address
wastewater@cityofml.com.
Waste Preventative Practices
Waste preventive practices shall be used to reduce or eliminate contaminant loading to the POTW. These practices may include, but are not
limited to the following:
a. The Permittee shall provide access to the monitoring and flow control station for authorized representatives of the City during normal
business hours and in the event of an emergency.
b. The pretreatment and storage systems shall be maintained continuously in satisfactory and effective condition by the Permittee, and
shall be subject to periodic inspection by the City.
c. The Permittee shall designate a representative whose responsibilities include the operation and maintenance of the pretreatment and
storage facilities, monitoring and permit compliance, and all other aspects of the wastewater discharge. The representative shall be
available to meet with the City on any matter related to the wastewater discharge to the POTW.
d. The Permittee shall be held liable for all damages directly attributable to its wastewater discharge, exclusive of normal wear and tear.
Permittee shall not be jointly and severally liable for the damage caused by any other party, but shall be liable for its pro-ratio share of
all liability directly attributable to Permittee’s waste discharge. Liability for damages may include damages to the sewage collection
system, pump stations, sewage treatment plant, and degradation of receiving water.
e. The following requirements shall apply:
In the event that hazardous petroleum or radioactive material reaches the POTW, contact 911 upon discovery. Then immediately
notify the Public Works Division by phone or email.
Reporting Permit Violations
The Permittee shall take the following actions when either the City permit or the State permit conditions are violated:
a. Immediately stop, contain, and cleanup unauthorized discharges; stop the noncompliance; and
correct the cause of the problem.
b. Contact the City of Moses Lake within 24-hours by phone or E-mail.
If State permit conditions are violated, also follow the requirements of the State permit with regards to reporting violations.
City Contact Information
1. Public Works Division-Operations (24-hour) 509-764-3951
2. After Hours Service 509-764-3951
3. Chris Campbell, Wastewater Division Manager 509-764-3965 or wastewater@cityofml.com
4. Emergency Call 911
COML Council Packet 02-11-2025, Page 91 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 6 of 7
Permittee’s Contact Information
The Permittee authorizes the following personnel to be contacted regarding this permit.
CEO:
1. Rick Luebe rluebbe@group14.technology
DMR Contact:
1. Nick Anderson
nianderson@group14.technology
Facility Contact: (Site Manager)
1. Don Kersey dkersey@group14.technology
The Permittee shall notify the City whenever the contact(s) shown are revised.
COML Council Packet 02-11-2025, Page 92 of 112
Group14 BAM-2, Inc. Industrial Waste Discharge Permit No. 26
Page 7 of 7
GLOSSARY
City: The City of Moses Lake, a municipal corporation of the State of Washington, or its duly authorized agents or representatives.
Composite Sample: A mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by
mixing discrete samples. The sample may be time-composite (collected at constant time intervals) or flow-proportional (collected either as a constant
volume at time intervals proportional to stream flow); or collected by increasing the volume of each aliquot as the flow increased while maintaining a
constant time interval between the aliquots.
Constituent: Any of the pollutants or potential pollutants found in the wastewater.
Effluent Limits: Flow, concentration, pH, and mass loading limitations for wastewater discharged to the POTW by the Permittee.
Monitoring: The program of flow and constituent determination outlined to ensure compliance with the effluent limitations and to define the flow and
constituent levels in an expanded scope for the wastewater discharged to the POTW.
Permittee: Group14 BAM-2 Inc.
POTW: The system of gravity sewers, force mains, pumps stations, and sewage treatment plants owned by the City of Moses Lake.
Wastewater: Water discharged as a by-product of any of the various industrial processes.
In witness whereof, the parties hereto have caused this permit to be executed in duplicate by their respectively authorized officers or representatives.
CITY OF MOSES LAKE
Public Works Division
321 S. Balsam Street
P. O. Drawer 1579
Moses Lake, WA 98837
Date _______________ By: _____________________________________
City Manager
Group14 BAM-2, Inc.
Battery Active Materials Factory 2
13431 Wheeler Road NE MOSES LAKE, WASHINGTON 98837
Date ________________ By: ____________________________________
Plant Manager
COML Council Packet 02-11-2025, Page 93 of 112
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Madeline Prentice, Acting City Manager 25799
Brian Baltzell, Public Works
Director Public Works
2/11/2025 Consent Agenda
Stormwater Comprehensive Plan Contract Addendum
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
20,000.00$ 0.00$20,000.00$
Staff recommends City Council motion to approve the contract addendum and budget appropriation as
presented.
GC2022-079 Amendment No 2.pdf 141.44KB
This Second Addendum provides $20,000 for the contract amendment to Evergreen Storm H20 Contract to
extend the contract until end of year 2025 to satisfy the Grant WQC-2024-MoLams-00019 data analysis and
respond to SEPA Review and Ecology comment of submitted documents.
This amendment includes task 9 to revise City Code per the requirements of the Cities Eastern Washington
Municipal Stormwater Permit.
The 2024-2029 Permit Renewal requires updates to Municipal code to include requirements for long term
operation and maintenance of BMP devices, Illicit discharge ordinance updates, and update construction
stormwater ordinances. This code update is required to maintain compliance with the terms of the 2024-2029
Eastern Washington Stormwater Permit.
Task 9 expenditures are $8,528.
Additionally, City Manager Mike Jackson approved the Street and Stormwater Manager to move forward with
Eccopia to provide the information for the Impervious Surfaces in the City. This Amendment includes Task 5 and
8 which satisfy the time required for the Eccopia Impervious Surface Data to be processed by the consultants to
provide the city with an Accurate Rate Study and Assessment of Impervious Surfaces in the City.
Task 5 Expenditures are $4,380.
Task 8 Expenditures are $7,092.
COML Council Packet 02-11-2025, Page 94 of 112
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
This Amendment will require a $20,000 budget Amendment (scheduled for presentation to the Finance
Committee on 2/11/2025).
Options and Results
Staff will proceed with the finalization of the Stormwater General Plan and complete required Permit updates.
Staff will bring back options for recommended changes.
The city will not complete The Stormwater General Plan and the updates to Municipal Code.
COML Council Packet 02-11-2025, Page 95 of 112
Wednesday, February 5, 2025
1
SECOND ADDENDUM TO THE 2022 MUNICIPAL SERVICES AGREEMENT FOR PROFESSIONAL
SERVICES
This Second Addendum to the 2022 Municipal Services Agreement for Professional Services, dated
October 25, 2022, (herein, “Contract”) is made and entered into effective February 12th , 2025 (“Effective
Date”) by and between NB Engineering, LLC, a Washington limited liability company (“Contractor”), and
the City of Moses Lake (“City”).
In consideration of the mutual promises and obligations set forth herein, the parties agree to amend the
Contract as follows:
The Agreement expires December 31, 2025, unless an extension is mutually agreed to in writing by the
principals of both parties.
The Second Addendum adds the following services to Task 5 and Task 8 of the existing contract:
Task 5 Rate Study and Rate Structure Evaluation:
Additional work and coordination with Eccopia.
Bi-weekly review meetings to discuss work progress, up to and including preparation for council.
Task 8 Grant Project Communication and Coordination:
Additional project management and coordination for the duration of the project work, including:
6 additional coordination meetings,
6 additional invoices.
Preparation and execution of this addendum.
The Second Addendum adds the following new task, Task 9, to the existing contract:
Task 9 Ordinance Revisions
Review existing Stormwater ordinances for compliance with the 2024-2029 Phase II MS4 Permit and
recommend revisions to achieve compliance that include draft Stormwater code updates with revisions,
strikeouts or additions.
All other provisions of the Contract shall remain in effect.
In Witness Whereof, the parties hereto execute the Addendum to be effective on the Effective Date stated
above.
Dated: ____________________________,2025 Dated: ___________________________, 2025
CONTRACTOR CITY OF MOSES LAKE
By _____________________________________ By ____________________________________
Madeline Prentice, Interim City Manager
COML Council Packet 02-11-2025, Page 96 of 112
Addendum
City of Moses Lake Comprehensive Stormwater Plan | Addendum 2 1
To: Brad Mitchell, City of Moses Lake
From: Aimee Navickis-Brasch, Evergreen StormH2O
Date: February 3, 2025
Subject: Contract No. 23023 City of Moses Lake Comprehensive Stormwater Plan
Addendum 2 – Additional Rate Study Work
Addendum 2 adds the following services to Task 5 and Task 8 of the existing contract:
Task 5:
x Additional work and coordination with Ecopia.
x Bi-weekly review meetings to discuss work progress, up to and including preparation for
council.
Task 8:
x Additional project management and coordination for the duration of the project work,
including:
o 6 additional coordination meetings,
o 6 additional invoices.
x Preparation and execution of this addendum.
Addendum 2 adds the following new task, Task 9, to the existing contract:
Task 9 | Ordinance Revisions
x Review existing Stormwater ordinances for compliance with the 2024-2029 Phase II MS4
Permit and recommend revisions to achieve compliance that include draft Stormwater
code updates with revisions, strikeouts or additions.
Addendum 2 adds $ 20,000 to the project fee and extends the contract to December 31, 2025.
Table 1 shows the revised fees per the scope of work changes described in this addendum.
Table 1: Addendum 2 Fee Revisions
Task Task Title
Original
Contract Fees
Addendum 2
Change
Addendum 2
Fees
All other tasks $ 210,888 $ 0 $ 210,888
5 Rate Study and Rate Structure
Evaluation $ 42,688 +$ 4,380 $ 47,068
8 Grant Project Communication
and Coordination $ 79,971 +$ 7,092 $ 87,063
9 Ordinance Revisions $ 0 +$ 8,528 $ 8,528
Contract Total $ 333,547 +$ 20,000 $ 353,547
All assumptions and provisions established in the original contract shall remain in place.
COML Council Packet 02-11-2025, Page 97 of 112
COML Council Packet 02-11-2025, Page 98 of 112
COML Council Packet 02-11-2025, Page 99 of 112
Page 1 of 11
ORDINANCE NO. 3067
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON,
RELATING TO CODE TEXT AMENDMENTS REGARDING MISSING
ZONING STANDARDS WITHIN THE CITY OF MOSES LAKE UNIFIED
DEVELOPMENT CODE, ADOPTING INTERIM LAND USE
REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW
35A.63.220 AND RCW 36.70A.390 FOR MULTI-FAMILY TAX
EXEMPTION, RESIDENTIAL EXTERIOR SIDE-YARD SETBACKS,
MOSES LAKE INDUSTRIAL PARK ZONING MAP AMENDMENT, AND
BUILDING ORIENTATION FOR INFILL DEVELOPMENT IN THE
GENERAL COMMERCIAL ZONING DISTRICT, DECLARING AN
EMERGENCY, ADOPTING FINDINGS OF FACT, AND ESTABLISHING
AN EFFECTIVE DATE.
Recitals:
1. The City of Moses Lake adopted the Title 15 – Unified Development Code October 4,
2024; and
2. Sections of the City of Moses Lake Municipal Code were inadvertently omitted and/or
missing from the Unified Development Code; and
3. As the Community Development Department receives inquiries and permits, the sections
needed to process and approve permits are necessary for successful development; and
4. As the Community Development Department receives inquiries and permits, determines
sections bar the development due to inadvertent reduction of flexibility necessary for
successful development; and
5. The City of Moses Lake is working toward the Growth Management Act Periodic Update
(RCW 36.70A.130) – Comprehensive Plan / Code update; and
6. The City of Moses Lake finds that omitted or missing sections should be included in the
Unified Development Code; and
7. The City of Moses Lake finds that building orientation should not bar development; and
8. The City Council finds that the proposed interim development and zoning regulations are
reasonable and necessary, and are therefore in the public interest; and
9. The need for code revisions creates a time sensitive emergency requiring the adoption of
an interim zoning ordinance; and
10. The City is authorized to impose interim land use controls for up to six months if a work
plan is developed for related studies providing for such longer periods pursuant to RCW
35A.63.220 and RCW 36.704.390; and
COML Council Packet 02-11-2025, Page 100 of 112
Page 2 of 11
11. A public hearing on these interim regulations will be held within six months of adoption,
pursuant to RCW 35A.63.220 and RCW 36.70A.390.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS
FOLLOWS:
Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated
as Findings of Fact of the City Council.
Section 2. Additional Findings. The Council may adopt further additional findings after the public
hearing is held and evidence presented to the City Council.
Section 3. This purpose of this ordinance is to:
Return sections of former code that may have been inadvertently omitted; and
Allow flexibility for building orientation.
Section 4. The following new Sections are hereby adopted:
Multi-family Housing Tax Exemption
Amend Division 15.400. Zoning and Overlay Districts to add and read as follows:
15.429 Multi-family Housing Tax Exemption
15.429.010 Purpose:
It is the purpose of RCW 84.14 to encourage new private multi-family housing development and
redevelopment within cities that are planning under the Growth Management Act, where the
legislative body has found that there are insufficient housing opportunities. To achieve this
purpose, this chapter provides for special valuation for eligible improvements associated with the
provision of multi-unit housing in residentially deficient urban centers. It is further intended to
provide attractive, reasonable places to live close to employment, shopping, entertainment, and
transit services and to promote neighborhood revitalization and community development.
15.429020 Definitions:
A. “Multi-family housing” means building(s) having four (4) or more dwelling units designed for
permanent residential occupancy resulting from new construction or rehabilitation or conversion
of vacant, underutilized, or substandard buildings.
B. “Owner” means the property owner of record.
C. “Director” means the Community Development Director.
D. “Permanent residential occupancy” means multi-unit housing that provides either rental or
owner occupancy on a non-transient basis. This includes owner-occupied or rental
accommodation that is leased for a period of at least one (1) month. This excludes hotels and
motels that predominantly offer rental accommodation on a daily or weekly basis.
E. “Rehabilitation improvements” means modifications to existing structures, that are vacant for
twelve (12) months or longer, that are made to achieve a condition of substantial compliance
with existing building codes or modification to existing occupied structures which increase the
number of multi-family housing units.
F. “Residential targeted area” means an area within an urban center that has been designated by
the City Council as lacking sufficient, available, desirable, and convenient residential housing to
meet the needs of the public.
COML Council Packet 02-11-2025, Page 101 of 112
Page 3 of 11
G. “Urban center” means a compact, identifiable district containing several business
establishments, adequate public facilities, and a mixture of uses and activities, where residents
may obtain a variety of products and services.
15.429.030 Residential Target Area Designation and Standards:
A. Criteria. Following notice and a public hearing, as prescribed in RCW 4.14.040, the City
Council may, in its sole discretion, designate one (1) or more residential target areas. The
designated target area must meet the following criteria:
1. The target area is located within an urban center.
2. The target area lacks sufficient available, desirable, and convenient residential housing to meet
the needs of the public who would likely live in the mixed use center if desirable, attractive, and
livable places were available.
3. The provision of additional housing opportunities in the target area will assist the city in
achieving the following purposes:
a. Increasing residential opportunities within the target area.
b. Stimulating the construction of new multi-family housing.
c. The rehabilitation of existing vacant and under-utilized buildings for multi-family housing.
4. In designating the target area, the City Council may also consider other factors, including:
a. Whether additional housing will attract and maintain an increasing number of permanent
residents and help alleviate detrimental conditions caused by a lack of investment in
underutilized vacant buildings.
b. Whether an increased permanent residential population in the targeted area will help the city
achieve the planning goals mandated by the Growth Management Act under RCW 36.70A.020.
c. Whether additional housing may contribute to revitalization of a distressed neighborhood or
area within the City.
B. Target Area Standards and Guidelines. For the designated residential target areas, the City
Council shall adopt basic requirements for both new construction and rehabilitation, including
the application process and procedures. The City Council may also adopt guidelines to include
the following:
1. Requirements that address demolition of existing structures and site utilization.
2. Building requirements that may include elements addressing parking, height, density,
environmental impact, public benefit features, compatibility with surrounding property, and such
other amenities as will attract and keep permanent residents and will properly enhance the
livability of the residential target area.
3. The required amenities shall be relative to the size of the proposed project and the tax benefit
to be obtained.
The City Council may, by ordinance, amend or rescind the designation of a residential target area
at any time pursuant to the same procedure as set forth in the original designation.
C. Designated Target Area. The City Council has adopted Residential Target Area as indicated
on the attached map.
15.429.040 Project Eligibility:
A proposed project must meet the following requirements for consideration for a property tax
exemption under this chapter:
A. Location. The project must be located within Moses Lake’s Residential Targeted Area, as
designated under Section 18.23.030 of this chapter.
B. Size. The project must include at least four (4) units of multi-family housing within a
residential structure or as part of a mixed-use development. A minimum of four (4) new units
must be constructed or at least four (4) additional multi-family units must be added to existing
occupied multi-family housing. Existing multi-family housing that has been vacant for twelve
(12) months or more does not have to provide additional units so long as the project provides at
COML Council Packet 02-11-2025, Page 102 of 112
Page 4 of 11
least four (4) units of new, converted, or rehabilitated multi-family housing.
C. Residential Displacement and Demolition.The project must not displace existing residential
units, unless the units are certified not to meet current building and housing codes. The units can
then be rehabilitated or replaced and included in the qualified portion of the project to receive the
property tax abatement. If the units slated for replacement or demolition do meet current code,
then the size of the project needs to be increased by the number of units that are being replaced
or demolished and these replacement units would not qualify for the property tax abatement.
Property proposed to be rehabilitated or developed must be vacant at least twelve (12) months
before submitting an application.
D. Permanent Residential Housing. At least fifty percent (50%) of the space designated for
multi-family housing must be provided for permanent residential occupancy.
E. Proposed Completion Date. New construction of multi-family housing and rehabilitation
improvements must be scheduled to be completed within three (3) years from the date of
approval of the application.
F. Compliance with Guidelines and Standards. The project must be designed to comply with the
city’s comprehensive plan, building, housing, and zoning codes, and any other applicable
regulations in effect at the time the application is approved. Rehabilitation and conversion
improvements must comply with all applicable housing codes. New construction must comply
with the building code. The project must also comply with any other standards and guidelines
adopted by the City Council for the residential target area in which the project will be developed.
15.429.050 Application Procedure:
A property owner who wishes to propose a project for tax exemption shall complete the
following procedures:
A. Application. An application needs to be filed with the Community Development Department.
A fee of five hundred thirty dollars ($530) needs to be included to cover the Grant County
Assessor’s administrative costs. Upon approval of the application, the fee will be forwarded to
the Grant County Assessor’s office for processing. A complete application shall include:
1. A completed City of Moses Lake application form setting forth the grounds for the exemption.
2. Preliminary floor and site plans of the proposed project.
3. A statement acknowledging the potential tax liability when the project ceases to be eligible
under this chapter.
4. Verification by oath or affirmation of the information submitted.
5. For rehabilitation projects, the applicant shall also submit an affidavit that existing dwelling
units have been unoccupied for a period of twelve (12) months prior to filing the application.
B. Application Review and Issuance of Conditional Certificate. The Community Development
Director may certify as eligible an applicant who is determined to comply with the requirements
of this chapter. A decision to approve or deny an application shall be made within thirty (30)
days of receipt of a complete application.
1. Approval. If an application is approved, the applicant shall enter into a contract with the city,
subject to approval by the City Council, regarding the terms and conditions of the project. Upon
City Council approval of the contract, the Community Development Director shall issue a
Conditional Certificate of Acceptance of Tax Exemption. The Conditional Certificate expires
three (3) years from the date of approval unless an extension is granted as provided in this
chapter.
2. Denial. The Community Development Director shall state in writing the reasons for denial and
shall send notice to the applicant at the applicant’s last known address within ten (10) days of the
denial. An applicant may appeal a denial to the City Council within thirty (30) days of receipt of
notice. On appeal, the Community Development Director’s decision will be upheld unless the
applicant can show that there is no substantial evidence on the record to support the Community
COML Council Packet 02-11-2025, Page 103 of 112
Page 5 of 11
Development Director’s decision. The City Council’s decision on appeal will be final.
C. Extension of Conditional Certificate. The Community Development Director may extend the
Conditional Certificate for a period not to exceed twenty-four (24) consecutive months. The
applicant must submit a written request stating the grounds for extension. An extension may be
granted if it is determined that:
1. The anticipated failure to complete construction or rehabilitation within the required time
period is due to circumstances beyond the control of the owner.
2. The owner has been acting, and could reasonably be expected to continue to act, in good faith
and with due diligence.
3. All the conditions of the original contract between the applicant and the city will be satisfied
upon completion of the project.
D. Application for Final Certificate. Upon completion of the improvements agreed upon in the
contract between the applicant and the city and upon issuance of a temporary or permanent
certificate of occupancy, the applicant may request a Final Certificate of Tax Exemption. The
applicant must file with the Community Development Department the following:
1. A statement of expenditures made with respect to all affected multi-family housing units and
the total expenditures made with respect to the entire property.
2. A description of the completed work and a statement of qualification for the exemption.
3. A statement that the work was completed within the required three (3) year period plus any
authorized extension.
Within thirty (30) days of receipt of all materials required for a Final Certificate, the Community
Development Director shall determine which specific improvements satisfy the requirements of
this chapter.
E. Issuance of Final Certificate. If the Community Development Director determines that the
project has been completed in accordance with the contract between the applicant and the city
and has been completed within the authorized time period, the Community Development
Director shall, within ten (10) days, file a Final Certificate of Tax Exemption with the Grant
County Assessor.
1. Denial and Appeal. The Community Development Director shall notify the applicant in
writing that a Final Certificate will not be filed if the Community Development Director
determines that:
a. The improvements were not completed within the authorized time period.
b. The improvements were not completed in accordance with the contract between the applicant
and the city.
c. The owner’s property is otherwise not qualified under this chapter.
Within fourteen (14) days of receipt of the Community Development Director’s denial of a Final
Certificate, the applicant may file an appeal with the City Council. On appeal, the Community
Development Director’s decision will be upheld unless the applicant can show that there is no
substantial evidence to support the Community Development Director’s decision. The City
Council’s decision on appeal will be final.
F. Annual Compliance Review. Within thirty (30) days after the first anniversary of the date of
filing the Final Certificate of Tax Exemption and each year thereafter, for a period of eight (8) or
twelve (12) years, the property owner shall file a notarized declaration with the Community
Development Director indicating the following:
1. A statement of occupancy and vacancy of the multi-family units during the prior year.
2. A certification that the property continues to be in compliance with the contract with the city.
3. A description of any subsequent improvements or changes to the property.
City staff shall also conduct on-site verification of the declaration. Failure to submit the annual
declaration may result in the tax exemption being cancelled.
COML Council Packet 02-11-2025, Page 104 of 112
Page 6 of 11
G. Cancellation of Tax Exemption. If the Community Development Director determines the
owner is not complying with the terms of the contract, the tax exemption may be cancelled. This
cancellation may occur in conjunction with the annual review or at any other time when non-
compliance has been determined. If the owner intends to convert the multi-family housing to
another use, the owner must notify the Community Development Director and the Grant County
Assessor within sixty (60) days of the change in use.
1. Effect of cancellation. If a tax exemption is cancelled due to a change in use or other non-
compliance, the Grant County Assessor may impose the additional real property tax on the value
of the non-qualifying improvements in the amount that would normally be imposed, plus a
penalty of twenty percent (20%). This additional tax is calculated based upon the difference
between the property tax paid and the property tax that would have been paid if it had included
the value of the non-qualifying improvements dated back to the date that the improvements were
converted to a non-multi-family use. The tax must include interest upon the amount of the
additional tax as determined by the Assessor, and the additional tax owed, together with interest
and penalty, will become a lien on the land and attach at the time the property or portion of the
property is removed from multi-family use or the amenities no longer meet applicable
requirements.
2. Notice of Appeal. Upon determining that a tax exemption is to be cancelled, and after the
Community Development Director’s review with the City Manager, the Community
Development Director shall notify the property owner by certified mail. The property owner may
appeal the determination by filing a notice of appeal with the Finance Director within thirty (30)
days, specifying the factual and legal basis for the appeal. The City Council will conduct a
hearing at which all affected parties may be heard and all competent evidence received. The City
Council may affirm, modify, or repeal the decision to cancel the exemption based on the
evidence received. An aggrieved party may appeal the City Council’s decision to the Grant
County Superior Court.
EXHIBIT 1 MFTE Target Area Map
Exterior Side yard setbacks:
Amend Tables 15.405.090. R-1 Building Dimensional Standards, 15.405.100 Medium Density
Residential (R-2) Standards, and 15.405.110 High Density Residential (R-3) Standards: as
follows:
Table 15.405.090. R-1 Building Dimensional Standards
R-1 Building Dimensions Standard Reference
Front yard and exterior side yard setback (for
parking/vehicle/garage)
25 feet
Front yard and exterior side yard setback (residential
structure)
10 feet
Rear setback 15 feet
Side setback 5 feet
Front yard and exterior side yard setback-porches, covered
entryways, and similar unenclosed building projections
15 feet
Maximum building height 35 feet
Accessory dwelling unit (ADU) maximum height (1) 24 feet 15.415.010
COML Council Packet 02-11-2025, Page 105 of 112
Page 7 of 11
Accessory structure maximum height (1) 20 feet
Parking Requirements (1) 2 off street spots
per principal unit
Minimum Lot Width (1) (2) (5) 40 feet (25 on
curves and cul-de-
sac)
Minimum Lot Depth (5) 75
Minimum Lot Size (5) 4,000 sq ft or 10
units per acre
Table 15.405.100. R-2 Building Dimensional Standards
R-2 Building Dimensions Standard Reference
Front yard and exterior side yard setback (for
parking/vehicle/garage)
25 feet
Front yard setback (residential structure) 8 feet
Exterior side yard setback-living space 15 feet
Front yard and exterior side yard setback-porches, covered
entryways, and similar unenclosed building projections
15 feet
Rear setback 10 feet
Side setback 5 feet
Table 15.405.110. R-3 Building Dimensional Standards
R-3 Building Dimensions Standard Reference
Front yard and exterior side yard setback (for
parking/vehicle/garage)
22 feet
Front yard setback (residential structure) 8 feet
Rear setback 10 feet
Side setback 5 feet
Exterior side yard setback living space 15 feet
Front yard and exterior side yard setback porches, covered
entryways, and similar unenclosed building projections
15 feet
Maximum building height (1) 50 feet (1)
Accessory dwelling unit (ADU) maximum height (2) 24 feet 15.415.010
COML Council Packet 02-11-2025, Page 106 of 112
Page 8 of 11
Zoning Map Revision - Zoning Map amendment to replace Moses Lake Industrial Park (MLIP)
with Light Industrial (LI)
The Zoning Map will be revised as shown in EXHIBIT 2
Building Orientation:
Amend 15.420.030 as follows:
15.420.030 Commercial Design Standards:
A. In General. Commercial projects shall comply with the applicable sections of the City of
Moses Lake Design Standards and Guidelines which are adopted by this reference as if fully set
forth herein.
B. Building Orientation.
1. Buildings shall be oriented towards the street, not towards the alley or parking area, except for
infill lot development where adjacent lots, existing building orientation differ from front. The
Director shall consider the surrounding development character in building orientation. This
exception does not apply to the C1 and C1A Commercial zones.
2. Pedestrian entrances shall provide direct access to the public sidewalk.
3. Where parcels have multiple frontages, buildings shall be designed with orientation towards
both streets as much as feasible.
Section 5. Appeals. Interim controls are not subject to appeal.
Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council
shall hold a hearing on this interim ordinance before adoption in order to take public testimony.
Section 7. Duration of Interim Regulations. The interim amendments adopted by this ordinance
shall remain in effect until six (6) months from the effective date and shall automatically expire
unless the same are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that
date, or unless the same are repealed or superseded by permanent amendments prior to that date.
Section 8. Planning Commission Work Program. The City of Moses Lake Planning Commission
is hereby directed to review the interim regulations in 2025. The Commission shall make a
recommendation on whether said amendments, or some modification thereof, should be
permanently adopted. The Moses Lake Planning Commission is directed to complete its review,
to conduct such public hearings as may be necessary or desirable, and to forward its
recommendation to the Moses Lake City Council prior to the expiration of the interim
amendments. The work program shall include input from citizens and City staff.
Section 9. Severability. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
COML Council Packet 02-11-2025, Page 107 of 112
Page 9 of 11
Section 10. Enforcement. Violations of this ordinance are enforceable to the same extent as other
violations of Title 15 MLUDC and are equally subject to injunctive and other forms of civil relief
that the City may seek.
Section 11. Conflict. In the event that there is a conflict between the provisions of this ordinance
and any other City ordinance, the provisions of this ordinance shall control.
Section 12. Declaration of Emergency. The Moses Lake City Council hereby finds and declares
that an emergency exists which necessitates that this ordinance become effective immediately in
order to preserve the public health, safety and welfare of the City of Moses Lake, pursuant to RCW
35A.13.190.
Section 13. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth herein.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on
February 11, 2025.
________________________________________
Dustin Swartz, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote:
Date Published: 02-17-2025
Date Effective: 02-11-2025
COML Council Packet 02-11-2025, Page 108 of 112
Page 10 of 11
EXHIBIT 1
COML Council Packet 02-11-2025, Page 109 of 112
Page 11 of 11
EXHIBIT 2
COML Council Packet 02-11-2025, Page 110 of 112
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
If Quorum:No Action Agenda AWC Action Days (Lacey, Feb 19-20)(recur)
update B&C List Annual Appointment of Chairs at first meeting of year for all Boards -Airport, PRCS, et al (recur)
Tue, Feb 25 Presentation Review Water Conservation Regulations Baltzell (WRC)(recur odd yrs)
6:30 PM Mayor Ad Hoc Homeless Committee Appointments Motion Ramsey
""Planning Commission Appointment (first review Feb 6)Motion Ramsey 1st Review 2/13
City Manager pg Prior year 4th Quarter Financial Report Prentice (recur)
Consent License Agreements (Springfest and Farmer's Market)<motion>Coutts
Old Business RJB Subdivision Deferral Request Resolution xxxx Motion Ramsey
New Business Water General Plan Update 1st Pres Baltzell
""Accept Operation Facility Reroof Project Motion Baltzell pend notice
Tue, Mar 11 Mayor
6:30 PM Consent Award Crack Seal and Seal Coat Projects <motion>Baltzell (recur)
""Microsoft Annual License Agreement <motion>Richmond (recur)
Old Business Water General Plan Update (Prior to W/S Rate Study)Motion Baltzell
New Business Employee Handbook Update Resolution 1st Pres Springer (recur)
Admin
Tue, Mar 25 Study Session Grant Transit Authority Presentation - Don Loomis, General Manager
6:00 PM Public Hearing 6.30 MLMC Title 15 Amendment
Mayor
City Manager
Consent
Old Business Employee Handbook Update Resolution xxxx Motion Springer (recur)
COML Council Packet 02-11-2025, Page 111 of 119
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
New Business
Admin
Tue, Apr 8 Presentation
6:30 PM Mayor Kiwanis Mayor's Prayer Breakfast (solicit attendance)(recur)
City Manager
Consent
Old Business
New Business
Admin
Tue, Apr 22 Presentation Moses Lake Community Coalition 1st Quarter Report (other quarters are written reports)(recur)
6:30 PM Mayor Yonezawa Japan Sister City Proclamation (treaty signed May 1, 1981)(recur)
City Manager Council Candidate Forum Date (Odd Years)City Manager (recur)
""pg 1st Quarter Financial Report Prentice (recur)
Consent
Old Business
New Business Accept 20xx State Auditor's Report Motion Prentice (recur)
Admin
If Quorum:No Action Agenda Council Candidate Open House Th 5/4 at 4 pm, Fri 5/5 at Noon (recur)
Tue, May 13 Presentation Armed Services Recognition - Moses Lake area HS graduates City Manager (recur)
6:30 PM Mayor
City Manager AWC Annual Conference Registration (2024 Dates 6/18-21 in Vancouver)(recur)
COML Council Packet 02-11-2025, Page 112 of 119
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
Consent
Old Business
New Business
Admin
If Quorum:No Action Agenda Kiwanis Mayor's Prayer Breakfast 5/3 at 7 am (Mayor at VIP Table)(recur)
Tue, May 27 Presentation
6:30 PM Mayor Memorial Day Proclamation (recur)
City Manager
Consent
Old Business
New Business
Admin
Thurs, May 29 AGCCT Location tbd RSVP Due Mmm dd
Tue, Jun 10 Public Hearing 6-Year Transportation Improvement Program, Resolution xxx Motion Baltzell (recur)
6:30 PM Presentation
Mayor pg Sister City Student Exchange Fundraiser Notice (recur)
City Manager
Consent
Old Business
New Business 2025 Community Street and Utility Standards Resolution xxxx Motion Baltzell (recur)
Admin
Sat, Jun xx 9am-11am Airshow VIP/Elected Official's Reception RSVP Due June 10 by 3 pm (recur)
Thurs, Jun xx, 4-5:45 P AWC Annual Business Meeting - Voting Delegates (up to 3) Designation Due June 13, 2024 (recur)
COML Council Packet 02-11-2025, Page 113 of 119
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
Tue, Jun 24 Presentation
6:30 PM Mayor
City Manager
Consent
Old Business
New Business 2025 Community Street and Utility Standards Resolution xxxx Motion Baltzell (recur)
Admin
Tue, Jul 8 Presentation
6:30 PM Mayor
City Manager pg Budget Guidelines Memo (included in packet)Prentice (recur)
Consent
Old Business
New Business
Admin
Tue, Jul 22 Presentation
6:30 PM Mayor
City Manager pg 2nd Quarter Financial Report Prentice (recur)
Consent Airport Capital Improvement Plan <motion>Baltzell (recur)
Old Business
New Business
Thurs, July 31 at 6 pm AGCCT Location tbd RSVP Due Mmm dd
COML Council Packet 02-11-2025, Page 114 of 119
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
Tue, Aug 12 Presentation DMLA Main St Tax Annual Report - Mallory Miller, Executive Director (recur)
6:30 PM Mayor
City Manager Lakeside Disposal Contract CPI effective Sept 1 Prentice (recur)
Consent
Old Business
New Business
Admin
Tue, Aug 26 Study Session - 6 pm Grant County Trends 20xx - Dr. Patrick Jones, EWU confirmed X-XX (recur)
Presentation Childhood Cancer Month Proclamation Angel Ledesma, CBCF Executive Director(recur)
Mayor
City Manager Schedule Budget Workshop on a Saturday in October Prentice (recur)
Consent Garbage Rate Adjustment Fee Schedule Res xxxx <motion>Prentice (recur)
Old Business
New Business
Admin
Sept 01 B&C Admins Email list for those seeking reappointment for terms expiring Dec 31 Due Oct 1 (recur)
Tue, Sep 9 Presentation
6:30 PM Mayor
City Manager
Consent
Old Business
New Business Ground Works Lease Renewal (expires Sept 30, 2025)Motion Ramsey
COML Council Packet 02-11-2025, Page 115 of 119
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
Admin
Tue, Sep 23 Mayor Hispanic Heritage Month Proclamation (recur)
6:30 PM City Manager
Consent Set 2026 Property Tax/Budget Public Hearings **<motion>Prentice (recur)
Old Business
New Business
Admin
Tue, Oct 14 Presentation
6:30 PM Mayor
City Manager AWC Legislative Priorities Motion City Manager (recur)
Consent Transportation Benefit District Annual Report <motion>Baltzell (recur)
Old Business
New Business Water-Sewer Capital Facilities Plan Update (2024: Prior to W/S Rate Study)Motion Baltzell (recur)
Admin
Sat. mm-dd Study Session 2026 Budget Workshop Prentice (recur)
Tue, Oct 28 Mayor Native American Heritage Month Proclamation (recur)
6:30 PM ""Veteran's Day Proclamation (recur)
City Manager pg 3rd Quarter Financial Report Prentice (recur)
Public Hearing Property Tax Levy Resolution xxxx Motion Prentice (recur)
""2026 Budget Ordinance - Public Hearing 1 of 2 1st Pres Prentice (recur)
COML Council Packet 02-11-2025, Page 116 of 119
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
Consent
Old Business
New Business Lodging Tax Application Approvals Motion Coutts (recur)
Admin
Thurs, Oct 30 at 6 pm AGCCT Location tbd RSVP Due Mmm dd
Wed, Nov 12 Presentation <placeholder for agency contract budget increase requests>(recur)
6:30 PM Mayor
City Manager pg Moses Lake 2026 Legislative Agenda Motion City Manager (recur)
PH Cont'd 2026 Budget Ordinance xxxx - Public Hearing 2 of 2 Motion Prentice (recur)
Consent Grant County Health District Contract 2025 Motion City Manager (recur)
Old Business
New Bus 2026 Fee Schedule Resolution xxxx Motion Prentice (recur)
Admin
Thurs, Nov 15 GCEDC LEAD Summit at Grant County Fairgrounds Post Notice of Quorum if more than 3
Tue, Nov 25 Presentation
6:30 PM Mayor
City Manager
Consent
Old Business
New Bus 2025 Budget Amendment Ordinance xxxx Motion Prentice (recur)
Admin
Dec 01 MLMA Admin Email list for those seeking reappoinment for terms exp Mar 31 Due Jan 1 (recur)
Adjust 2nd meeting in December items after meeting calendar is adopted at first meeting of year!! (recur)
COML Council Packet 02-11-2025, Page 117 of 119
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
Tue, Dec 9 Presentation
6:30 PM Mayor Appoint x LTAC, x Parks, x Planning et al Motion City Manager (recur)
""Reappoint x LTAC, x Parks, x Planning et al Motion City Manager (recur)
""Appoint/Reappoint GTA Boardmember and Alternate Motion City Manager (recur)
""Council Member <name> Recognition Haglund Email saved in draft/recycle(recur)
City Manager Plaque presentation of outgoing Mayor - if not re-elected (recur)
Old Business
New Business
Admin
Day, Mo dd and time Employee Breakfast Notice of Potential Quorum - Venue:(recur)
Future Items not assigned a meeting date.
Column1 Column2 3 4 Column5 Column6 Column7 Column8
Presentation Irrigation for Private Wells (purple pipe)9-18-24 related to new subdivisions and conflict with wellhead protection
Spring '25 Presentation Mary Cunnington Recognition Proclamation Mayor Swartz and Former Mayor Liebrecht (Originally set for Sept, then moved to spring 10-23-24
Presentation Yonezawa-SR-17 Roundabout Construction Funding - Design Engineer Levi Bisnett
Mayor Semi quincentennial Commemoration Proclamation Museum and Tourism
Mayor Board and Commission New Appointment (LTAC HOTELIER)Motion Coutts
Consent Amend STBG Grant for Yonezawa Round-a-bout <motion>Baltzell LR-LB
Consent Moses Point Development Agreement (reservoir) Ord xxxx <motion>City Manager
Old Bus Airport Commission Duties Resolution xxxx Motion Baltzell
Old Bus Multi Modal Trails Team and Plan Exhibit D (ref Res 3997 12-10-24)
New Bus/Old Bus Airport Operations Manual Update 1st Pres/MotionBaltzell
New Bus Airport Property Owner Access Agreement (Through the Fence)Motion Baltzell
New Bus/Old Bus Building Permit Recovery Fund Ordinance 1st Pres/MotionRamsey
New Bus Employee Unions Agreement Fire - CBUA IAFF Motion Springer
New Bus Future Land Use Map Update (fr Study Session 6/11/24)Motion Ramsey (after Plan Comm)
COML Council Packet 02-11-2025, Page 118 of 119
Administrative planning document only. Today's Date: 2/6/2025
All items are tentative and subject to constant change.
Feb 11 due dates: Attorney 1/28, Director 2/17, City Manager 2/19. Std PH Notices for Feb 28 are due Feb 5.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
New Bus/Old Bus Graffiti Regulations Update Ordinance 1st Pres/MotionRamsey
New Bus New Cingular Lease Amendment Motion Baltzell
New Bus Write-off Uncollectible Accounts Authorization Ord or Res Motion Prentice
COML Council Packet 02-11-2025, Page 119 of 119