FINAL 2025 0325 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, March 25, 2025
Moses Lake Civic Center – 401 S. Balsam or remote access*
Study Session
6 p.m. – Grant Transit Authority Presentation - Eric Loomis, General Manager
–Municipal Airport Commission -Quarterly Update - Darrin Jackson, Chair
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
-Appoint Lodging Tax Advisory Committee (LTAC) Board Member Paramjeet Brar Motion
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
COML Council Packet 3/25/25 Page 1 of 113
March 25, 2025, City Council Meeting Page 2 ____________________________
#1 Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no
separate discussion of these items unless a Council Member requests specific items to be
removed from the Consent Agenda for discussion prior to the time Council votes on the motion to
adopt the Consent Agenda.
a.City Council Meeting Minutes Dated March 11, 2025
b.Claims and Payroll
c.Water Park and General Parks Concession Agreements
d.Group 14 Industrial Discharge Permit Date Correction
e.Fire Works Agreement
f. Accept "Luta & Virginia Street Construction" GC2024-212
Old Business
None Scheduled
New Business
#2 Santillan Extra Territorial Agreement 2308 Westshore Dr. pg. 68 Motion
Presented by Brian Baltzell, Public Works Director
Summary: Council to review and consider approval
#3 Extra Territorial Agreement 6398 Melby Way NE pg. 79 Motion
#4
Presented by Brian Baltzell, Public Works Director
Summary: Council to review and consider approval
Graffiti Regulations Update First Presentation pg. 88
Presented by Vivian Ramsey, Interim, Community Development Director
Summary: Discussion Only
#5 Grant County Recording Fee Annual Agreement pg. 96 Motion
Presented by Vivian Ramsey, Interim, Community Development Director
Summary: Council to review and consider approval
COML Council Packet 3/25/25 Page 2 of 113
March 25, 2025, City Council Meeting Page 3 ____________________________
Administrative Reports
- 2024 Water Conservation Statistics – Brian Baltzell, Public Works Director
- Pickleball Court Update – Doug Coutts, Parks, Recreation, & Cultural Services Director
Council Committee Reports
Information Item
Upcoming Agenda Items pg. 107
Adjournment
Next Regular Council Meeting is scheduled for April 8, 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: 298 287 500 908 Passcode: VS3oB6PG
Or #2 MS Teams by phone (audio only) +1 509-707-9401,,881037217# United States, Moses Lake
Find a local number Phone conference ID: 881 037 217#
Or #3 - YouTube Live https://www.youtube.com/@MosesLakeCityCouncil/streams
** 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 3/25/25 Page 3 of 113
MOSES LAKE CITY COUNCIL
March 11, 2025
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor
Swartz in the Council Chambers of the Civic Center with audio remote access. Special notice for
remote attendance and citizen comment were posted on the meeting agenda.
ROLL CALL
Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Skaug, Fancher,
and Martinez. Council Member Myers was in attendance remotely.
PLEDGE OF ALLEGIANCE
Council Member Skaug led the Flag Salute.
AGENDA APPROVAL
Council Member Martinez requested Consent Agenda item (m) Congressional Directed Funding
Request be moved to a discussion item.
Action taken: Council Member Lombardi moved to approve the Agenda as amended, second by
Council Member Martinez. The motion carried 7 – 0.
CITIZEN’S COMMUNICATION
Moses Lake Municipal Airport (MLMA) – MLMA Commission Vice Chair Jeremy Davis,
Moses Lake, wanted to make the Council aware of a proposed development in the Airport
Overlay Zone. (see additional note under Old Business (3) AMJ Annexation Request). Mr.
Davis invited Council and staff to volunteer on March 29th beginning at 8:00 a.m. to help clean
up the airport.
Youth Baseball Concession Fee – Justin Morigeau, Moses Lake, requested consideration to
waive concession fees on their banner sponsorship revenue. Staff will review the Code and
Agreements to ensure sponsorships are not considered to be concession revenue. Council
suggested that he apply for Lodging Tax Funding to help support the local All-Star Tournaments.
SUMMARY REPORTS
FUTURE BUSINESS ITEM
Water Issues (chronologically occurred during Council Communications)
Council Member Martinez would like to have a presentation from State Representative Tom
Dent this spring regarding Water Issues. Council concurred as well as inviting the other two
Representatives, Judy Warnick and Alex Ybarra.
CITY MANAGER’S REPORT
Prior Year 4th Quarter Financial Report
Finance Director Madeline Prentice provided an analysis of revenues and expenditures from 2020 to end
of year 2024. Overall, results for the year’s revenue was 103.6% of budget estimate and expenses under
by 15.3% due to position vacancies and timing of capital expenditures. The packet included reports on
COML Council Packet 3/25/25 Page 4 of 113
CITY COUNCIL MINUTES – March 11, 2025
pg. 2
overview by fund type, revenue, and expense categories; analysist of general and other fund revenue and
expenditures; conclusion, and fund detail exhibit.
Water Conservation Enforcement
Staff requested direction from Council to begin issuing citations for residents that have received
multiple warnings and extra education for water conservation restrictions over the last two years.
Council asked staff to provide data such as types and frequencies of violations and samples of
education materials issued after initial information when setting up new accounts.
Moses Lake Special Olympics Recognition
The Moses Lake Scorpion Cheer Team was formed in 2020 by Coach Kerry Aronsohn. They
have taken home gold medals every year they have competed at the State Winter Games. Parks,
Recreation, and Cultural Services Director Doug Coutts recognized this years’ members:
Rosemary, Evelyn, Abbie, Veronica, Karissa, Kyleigh, Astyn, Amarissa, Jazmine, Ashlynn,
Bianca, Rachel, Lena, and Alice that was followed by standing ovation and photo opp. with
Council.
PUBLIC HEARING
#1 Ordinance 3067 Emergency Interim Land Use Regulations
On February 11, 2025, the City Council declared an emergency and adopted Ordinance
3067 to establish several interim land use regulations. A proposed work plan was included
in the packet for final regulations to be adopted July 8. Mayor Swartz opened the hearing at
7:24 p.m. There were no verbal or written comments, and the hearing was closed.
Action taken: Council Member Fancher moved to approve the Work Plan as presented, second by
Council Member Lombardi. The motion carried 7 – 0.
CONSENT AGENDA
#2 a. City Council Meeting Minutes Dated February 11 and 25, 2025
b. Electronic Transfer: N/A
Checks: 169051 - 169174 - $699,180.14
Payroll Checks: 02-28-2025 PR, 66619 - 66624 - $42,569.61
Electronic Payments: 02-28-2025 Direct Deposit - $667,081.61
c. Award Crack Seal Project
d. Microsoft Annual License Agreement
e. Extra Territorial 2715 NE Westshore Dr
f. Extra Territorial 3388 NE Westshore Dr
g. 2025 Biosolids Project Award
h. Approve 2025 Rates for Marten Law
i. Water System Plan Contract Amendment No. 2
j. Firouzi Developer Extension Agreement
k. Placer AI Agreement
l. National Highway System Grant
m. moved to discussion
n. Accept 2024 Multimodal Activity Trails Update
COML Council Packet 3/25/25 Page 5 of 113
CITY COUNCIL MINUTES – March 11, 2025
pg. 3
Action taken: Council Member Fancher moved to approve the Consent Agenda minus item (m), second
by Council Member Lombardi. The motion carried 7 – 0.
CONSENT ITEM (M)
Congressional Directed Funding Request
Council concurred with Council Member Martinez’s recommendation to postpone the
vote on an amended work plan for federal lobbyist consultant David Marten until a verbal
report on services to date could take place, as well as Request for Proposals processed
prior to further extending his contract for services.
OLD BUSINESS
#3 AMJ Intent to Annex Revision (L & Wheeler Rd)
The applicant requests additional zoning be stated from the original motion made on
January 14 related to zoning. Council inquired about applicant awareness of the airport
overlay zone. City Attorney Katherine Kenison stated that a Development Agreement
could be prepared to address in conjunction with final acceptance of annexation.
Action taken: Council Member Fancher moved to adopt AMJ Annexation Revision which will
designate the southern 59 acres as R1-Residential zone and the northern 19 acres to remain in the
C2-General Commercial zone, second by Council Member Martinez. The motion carried 7 – 0.
#4 Remove Watering Exemption for Larson Playfield Ordinance 3068
The Larson property will be removed from the City’s potable water system for irrigation
purposes which removes the exemption from tourism parks using potable water.
Action taken: Council Member Fancher moved to adopt the removal of watering exemption for
Larson Playfield Ordinance 3068 as presented, second by Council Member Lombardi. The
motion carried 7 – 0.
NEW BUSINESS
#5 Big Bend Community College Water and Sewer Lines Agreement
The agreement will temporarily allow the College’s contractor to do work over existing
water and sewer line easements until abandonment and transfer of ownership takes place.
Action taken: Council Member Martinez moved to authorize execution of the agreement with
Big Bend Community College that specifies the College will assume responsibility for any
damage to the water and sewer line system caused by construction activities related to the
College and its contractors as presented, second by Council Member Fancher. The motion
carried 7 – 0.
#6 WSDOT Administrative Settlement Policy
The City of Moses Lake is required to follow state and federal guidelines relating to the
acquisition of, or interest in, real property needed for Right of Way on federally funded
projects. Staff completed training and prepared the required policy document.
Action taken: Council Member Martinez moved to authorize execution of the WSDOT
COML Council Packet 3/25/25 Page 6 of 113
CITY COUNCIL MINUTES – March 11, 2025
pg. 4
Administrative Settlement Policy as presented, second by Council Member Fancher. The motion
carried 7 – 0.
ADMINISTRATIVE REPORTS
Moses Lake Chambers Business Expo
Acting City Manager Madeline Prentice provided an update on the City’s participation in
the Expo, three staff attended the fair providing brochures and information about the
City.
Parks, Recreation, and Cultural Services (PRCS) Updates
PRCS Director Doug Coutts invited everyone to attend the Museum’s Gallery Opening
titled “A Road Less Traveled”, artwork by Patricia Jensen on Friday, March 14 from 4 to
7 p.m.
The Museum and the Larson Recreation Center will display two lanterns in their
windows throughout April, accompanied by the poster Doug shared to launch the Semi
Quincentennial Celebration for our country's 250th anniversary. These lanterns represent
the nights of April 18 and 19, 1775, when Paul Revere and William Dawes rode to warn
every one of the impending British invasions.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Martinez reminded everyone that the Downtown Moses Lake Association is set
to host the Brews and Tunes event on Saturday, March 15. Additionally, the annual Lakeshore
cleanup, sponsored by the Moses Lake Irrigation and Rehabilitation District, will take place on
Saturday, March 22, starting at 8:00 a.m. and continuing until noon.
Council Member Lombardi praised the staff for their assistance with projects at the Municipal
Airport, where they successfully completed the work at a cost that was 50% lower than the bids
received. There is also a need for crack sealing work on the runway, and the staff will present
quotes to the council. Additionally, the Port of Moses Lake has been gifted with a three-mile
railroad system, with the completion of the track expected by 2026.
Mayor Swartz expressed his satisfaction with the financial reports that were presented and noted
that water rights were a top priority for him.
ADJOURNMENT
COML Council Packet 3/25/25 Page 7 of 113
CITY COUNCIL MINUTES – March 11, 2025
pg. 5
The regular meeting was adjourned at 8:22 p.m.
______________________________________
Dustin Swartz, Mayor
ATTEST____________________________
Debbie Burke, City Clerk
COML Council Packet 3/25/25 Page 8 of 113
COML Council Packet 3/25/25 Page 9 of 113
COML Council Packet 3/25/25 Page 10 of 113
TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal.
FUND NO FUND NAME 3/1/2025 AMOUNT 3/25/2025
001 GENERAL FUND 11,214,802 230,684.63 10,984,117
102 TOURISM 2,119,215 - 2,119,215
103 GRANTS AND DONATIONS 1,240,853 567.38 1,240,285
105 ARPA 1,649,725 - 1,649,725
110 HOMELESS SERVICES 687,167 5,451.83 681,715
111 OPIOID ABATEMENT 310,192 - 310,192
112 PUBLIC ARTS PROGRAM 86,906 - 86,906
114 PATHS/TRAILS 83,893 - 83,893
116 STREET 739,644 77,319.57 662,325
119 STREET REPR/RECON 3,773,979 132,258.81 3,641,720
170 TRANSPORTATION BENEFIT DISTRICT 3,471,389 - 3,471,389
282 LOCAL BORROWING 984,872 - 984,872
286 REFUNDING GO BONDS 2015 170,347 - 170,347
314 PARK & RECREATION IMPROVEMENTS 34,677 - 34,677
315 PARK MITIGATION CAPITAL PROJECTS 25,290 - 25,290
320 FIRE MITIGATION FUND 980,368 - 980,368
322 WATER REMIDIATION 1,338,714 10,478.96 1,328,235
393 STORMWATER CAPITAL 24,245 - 24,245
411 WATER 8,571,564 70,054.92 8,501,509
412 WASTEWATER 3,266,201 58,753.21 3,207,448
450 2011 BOND FUND 10,304 - 10,304
452 2004 BOND FUND 5,732 - 5,732
471 WATER RIGHTS 1,616,377 - 1,616,377
477 WATER CONSTRUCTION 4,848,352 1,378.94 4,846,974
478 WASTEWATER CONSTRUCTION 245,870 - 245,870
485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196
487 2015 GO BONDS REDEMPTION 6,617 - 6,617
490 SANITATION 2,911,056 430,001.96 2,481,054
493 STORM WATER 851,339 25,632.49 825,707
495 AIRPORT 76,528 214.20 76,314
498 AMBULANCE 1,726,562 33,713.38 1,692,848
501 UNEMPLOYMENT COMPENSATION INSURANCE 190,696 - 190,696
503 SELF-INSURANCE 619,302 - 619,302
517 CENTRAL SERVICES 812,698 99,364.42 713,333
519 EQUIPMENT RENTAL 2,372,983 48,830.97 2,324,152
528 BUILDING MAINTENANCE 1,481,507 21,719.54 1,459,787
611 FIRE PENSION 541,478 1,610.17 539,868
623 DEPOSIT 1,586,414 17,007.79 1,569,407
631 STATE 9,147 132.00 9,015
TOTAL 60,707,199$ 1,265,175.17$ 59,442,024$
City of Moses Lake
Tabulation of Claims Paid-Summary by Fund
Council Meeting Date-03/25/2025
COML Council Packet 3/25/25 Page 11 of 113
Check Name Check Amount Check Date Invoice Description
169175 Janelle Sword 905.46 02/28/2025 LEOFF Retiree Pension February 25
169176 Luther Stowers 704.71 02/28/2025 LEOFF Retiree Pension February 25
169177 A M Hardware Company Inc 1,524.43 03/07/2025 Anchors
169178 Abc Hydraulics 160.96 03/07/2025 Misc. Parts
169179 Amazon Capital Services, Inc.9,837.48 03/07/2025 Maintenance Invoice - Feb '25
169180 American Linen Inc 794.22 03/07/2025 Ambulance Linens
169181 Anatek Labs Inc. - Moscow ID 740.00 03/07/2025 Sample Testing
169182 Anatek Labs, Inc.1,000.00 03/07/2025 Sample Testing
169183 Anatek Labs, Inc. -Yakima 390.00 03/07/2025 Sample Testing
169184 Armada Corp 915.16 03/07/2025 2505 - Salazar Garnishment
169185 AutoZone, Inc 1,627.50 03/07/2025 Electronic Repair Data Subscription
169186 Basin Feed & Supply 43.40 03/07/2025 Supplies
169187 Battery Systems Inc 127.09 03/07/2025 48-75 Battery
169188 Bethany Rose Iverson 53.90 03/07/2025 Museum Consignment Sales
169189 Bound Tree Medical LLC 4.32 03/07/2025 Medical Supplies
169190 Bowman Consulting Group Ltd.3,890.00 03/07/2025 Water Sewer Rate study
169191 Branom Operating Company LLC 2,766.75 03/07/2025 Meter Validation
169192 Bud Clary Ford LLC 122.45 03/07/2025 Equipment Parts
169193 Central Machinery Sales Inc 131.65 03/07/2025 Lamp Work
169194 Centurylink 55.45 03/07/2025 Telephone Services
169195 Cobies Fine Dry Cleaning 20.35 03/07/2025 Dry Cleaning-Beach.
169196 Commercial Tire Inc 550.58 03/07/2025 Tires
169197 Connell Oil 379.21 03/07/2025 Oil
169198 Consolidated Disposal Service 26,948.75 03/07/2025 Disposal Services
169199 Copiers Northwest Inc 894.21 03/07/2025 Equipment Contract Fees
169200 Dee Dee Dressen 66.50 03/07/2025 Museum Consignment Sales
169201 Devries Information Mgmt 62.10 03/07/2025 On Site Record Destruction
169202 Eagle Engraving Inc 759.00 03/07/2025 Award, Commendation Bars
169203 EMS Connect, LLC 346.50 03/07/2025 EMS Training Software
169204 EMS Technology Solutions, LLC 434.00 03/07/2025 Inventory Labels
169205 Faber Industrial Supply 701.13 03/07/2025 Electric Torque Wrench
169206 Farmers Electric 25,266.67 03/07/2025 Sand Dunes Blower Emergency
169207 Fastenal Company 12.12 03/07/2025 Washers
169208 Federal Express 10.19 03/07/2025 Shipping Charge - Gauge Disposal
169209 Ferguson Enterprises Inc #3007 174.74 03/07/2025 Repair Kit
169210 Ferrellgas 58.25 03/07/2025 Propane
169211 First Watch Wellness LLC 4,999.99 03/07/2025 Mental Health Support- First Responders.
169212 Gordon Thomas Honeywell Governmental Affa 4,500.00 03/07/2025 Governmental Affairs Services
169213 Grant Co Solid Waste 60,077.45 03/07/2025 Landfill Dumping Fees
169214 Grant County Animal Outreach 15,083.33 03/07/2025 March Contract Payment
169215 Grant County District Court 6,720.00 03/07/2025 Municipal Filing Fees- Q4 2024
169216 Humboldt Scientific Inc 793.00 03/07/2025 Gauge Disposal
169217 IAFF #1258/Disab Ins 2,499.47 03/07/2025 2505 - IAFF Disability Fire
169218 Ibs Inc 226.84 03/07/2025 Parts/Supplies
169219 Irrigators Inc 28.30 03/07/2025 Gaskets
169220 Jerrys Auto Supply 391.02 03/07/2025 Equipment Supplies
City of Moses Lake
Checks Issued with Summary Description
For March 25th, 2025 Council Meeting
COML Council Packet 3/25/25 Page 12 of 113
Check Name Check Amount Check Date Invoice Description
169221 Kelley Create 336.96 03/07/2025 Equipment Contract Fees
169222 Kottkamp & Yedinak, P.L.L.C.375.00 03/07/2025 Plannin Pro Services
169223 Life -Assist, Inc.2,914.67 03/07/2025 Medical Supplies
169224 Martin Schempp 62.30 03/07/2025 Museum Consignment Sales
169225 Merle Hardy 56.00 03/07/2025 Museum Consignment Sales
169226 Moses Lake Steel Supply 262.84 03/07/2025 I-Beam/Cut/Anchors
169227 Multi Agency Comm Center E911 69,205.16 03/07/2025 March Law/Fire/EMS Calls
169228 Norco Enterprises Inc 448.95 03/07/2025 Medical Oxygen
169229 North 40 Outfitters 179.00 03/07/2025 Parts/Supplies
169230 Northland Cable Television, Inc 109.95 03/07/2025 Internet Backup
169231 NYS Child Support Prosessing Center 184.61 03/07/2025 Child Support
169232 OCV, LLC 5,295.00 03/07/2025 Mobile App
169233 Office of Financial Recovery 265.00 03/07/2025 Garnishment
169234 Oreilly Auto Parts 45.44 03/07/2025 Brake Cleaner
169235 Patrick Fleming 59.50 03/07/2025 Museum Consignment Sales
169236 Penhalluricks Express Bldg Inc 282.41 03/07/2025 Steel Studs/Screws
169237 Platt Electric 723.36 03/07/2025 Switches/Sensors/Wall Plates/Boxes
169238 Protect Youth Sports 1,500.05 03/07/2025 Background Checks
169239 R&M Hansen, Inc 3,160.80 03/07/2025 Laundry Services @ Sleep Center Feb
169240 Samaritan Healthcare 340.00 03/07/2025 FA/CPR/AED Renewals
169241 SHI International, Inc 71,330.07 03/07/2025 Network Detection/NDR/MDR
169242 Signs Now, LLC 468.18 03/07/2025 City Logo Decals
169243 Silvie Valdez 1,218.00 03/07/2025 Rec Program Fees
169244 Sirennet.Com 2,313.46 03/07/2025 Amplifier Eq # 058
169245 Skaug Brothers Carpet One 22.03 03/07/2025 Covebase
169246 Smarsh Inc 7.10 03/07/2025 Professional Archive
169247 Summit Law Group 4,440.00 03/07/2025 HR Pro services
169248 SWARCO McCain Inc.5,521.57 03/07/2025 Sharon/Pioneer Pedestrian Buttons
169249 Titan Machinery, Inc.9.15 03/07/2025 Shop Supplies
169250 Toole Design Group 35,897.66 03/07/2025 SR17/Stratford Rd GC2023-115
169251 Trusteed Plans Service Corp 2,730.00 03/07/2025 TPSC Disability Police
169252 Uline 310.36 03/07/2025 Shelves
169253 Ups Freight 39.13 03/07/2025 Weekly Service Fees
169254 UPS Store 2469 197.94 03/07/2025 Postage
169255 Verizon Wireless 4,564.76 03/07/2025 Cell Phone Service
169256 WA St Council Of FF Emp Ben 4,500.00 03/07/2025 2505 - MERP
169257 WA State Assn Of Fire Chiefs 2,340.90 03/07/2025 Membership Renewal
169258 Washington State Patrol 396.00 03/07/2025 Background Cehcks
169259 Weinstein Beverage Company 312.80 03/07/2025 Museum Water
169260 Western States Fire, Inc.1,459.60 03/07/2025 Vehicle Fire Extinguisher Services
169261 William Scotsman, Inc 971.34 03/07/2025 Rental @ Sleep Center- March
169262 Ziggys 931.14 03/07/2025 Stud/Track/Anchor
169263 Heidi Merritt 163.00 03/11/2025 Worksite Summit 2025
169264 Kailee Gariano 163.00 03/11/2025 Worksite Summit 2025
169265 Alexander Cardenas 870.00 03/14/2025 Seizure Monies- Release
169266 Applied Industrial Systems, LLC 14,383.22 03/14/2025 Retainage Release 3.2025
169267 CAD Homes LLC 8,424.93 03/14/2025 Plan Review Fee Reimbursement
169268 Eric Johnson 150.00 03/14/2025 CDL Physical Reimbursement 2025
169269 Lakeside Disposal, Inc 334,656.29 03/14/2025 February Haul Contract Payment
169270 Mike's Plumbing 66.00 03/14/2025 Withdrawn From Project- Refund
169271 The Corndog Company 85.00 03/14/2025 City Endorsement Reimbursement
COML Council Packet 3/25/25 Page 13 of 113
Check Name Check Amount Check Date Invoice Description
169272 Washington State Treasurer 149.77 03/14/2025 JIS PSAE State Remittance Feb 2025
169273 CODY DAVIS 339.82 03/14/2025 Refund Utility Overpayment
169274 DAMIAN OROZCO 36.24 03/14/2025 Refund Utility Overpayment
169275 JOHN HILL 41.49 03/14/2025 Refund Utility Overpayment
169276 L & M INVESTMENTS LLC 3.13 03/14/2025 Refund Utility Overpayment
169277 MICHAEL BICKLER 93.99 03/14/2025 Refund Utility Overpayment
169278 NICOLE HARRIS 170.60 03/14/2025 Refund Utility Overpayment
169279 NOFFKE HOMES LLC 164.59 03/14/2025 Refund Utility Overpayment
169280 ROBERT VIEHMANN 69.80 03/14/2025 Refund Utility Overpayment
169281 STANLEY COX 104.70 03/14/2025 Refund Utility Overpayment
169282 STANLEY COX 250.00 03/14/2025 Refund Utility Overpayment
169283 WILLIAM WAITES 115.85 03/14/2025 Refund Utility Overpayment
169284 WINSTON GRIESER 281.73 03/14/2025 Refund Utility Overpayment
169285 A & H Printers Inc 517.56 03/14/2025 Business Cards
169286 A T & T Mobility 1,175.00 03/14/2025 Locate
169287 Ag Supply Ace Hardware 26.43 03/14/2025 Sinkiuse Square Restroom Supplies
169288 Agri-Fix II, LLC 371.02 03/14/2025 Drug Seizure Vehicle Tow
169289 Amazon Capital Services, Inc.3,485.67 03/14/2025 Supplies Orders- Feb 25
169290 Anatek Labs, Inc.1,185.00 03/14/2025 Sample Testing
169291 Armada Corp 322.84 03/14/2025 Garnishment
169292 AT&T Mobility II, LLC 2,225.16 03/14/2025 First Responder Lines
169293 Badger Meters Inc 5,016.95 03/14/2025 February 2025 Meter Read Services
169294 Basin Septic Services Inc 1,566.74 03/14/2025 Portable Toilet Services
169295 Battery Systems Inc 245.02 03/14/2025 24SM-8MF Batteries
169296 Branom Operating Company LLC 262.57 03/14/2025 Backflow Test Kit Certification
169297 Bud Clary Ford LLC 119.39 03/14/2025 Equipment Supplies
169298 Bureau Of Reclamation 654.68 03/14/2025 Ground Water Permit 2025
169299 Centurylink 319.59 03/14/2025 Water Shut-Off Notifications
169300 CHS Inc 28,746.69 03/14/2025 Fuel for Vehicles February 2025
169301 Columbia Basin Herald 409.62 03/14/2025 Planning Vacancy Ad
169302 Copiers Northwest Inc 187.35 03/14/2025 Equipemtn Contract Fees
169303 Corporate Translation Services, LLC 17.32 03/14/2025 Translation Services
169304 Daniel W Craddock 158.00 03/14/2025 DENTAL CLAIM 03.11.2025
169305 Datec Inc 1,482.11 03/14/2025 Upfit: Eq # 058 & 059
169306 Dennis Duke 186.20 03/14/2025 Dental Claim
169307 Department Of Health 14,797.35 03/14/2025 2025 Operating Permit Fees
169308 Don Garrison 75.00 03/14/2025 Medical Claim
169309 DOSH Cashier 18,900.00 03/14/2025 Citation and Notice of Assessment
169310 Ecopia Tech Corporation 23,870.00 03/14/2025 Pro Services
169311 Elevate Government Affairs, LLC 8,500.00 03/14/2025 Government Relations Services
169312 Faber Industrial Supply 735.02 03/14/2025 Marking Paint
169313 Ferguson Enterprises Inc #3007 64.98 03/14/2025 Restroom Water Heater Pump Tank
169314 Galls LLC 2,177.77 03/14/2025 Uniform
169315 Grainger Parts Operations 65.99 03/14/2025 Diffuser
169316 Gray & Osborne, Inc.3,357.90 03/14/2025 Well 29 FPAS Investigation GC2023-154
169317 Great Western Recreation 4,759.57 03/14/2025 Benches Lauzier & Blue Heron Parks
169318 Home Depot Credit Services 1,645.63 03/14/2025 Supplies February
169319 IAFF Local 1258 6,670.00 03/14/2025 2506 - Union Dues - Fire
169320 Ibs Inc 864.21 03/14/2025 Misc. Parts
169321 Jerrys Auto Supply 318.98 03/14/2025 Equipment Supplies
169322 Kelley Create 719.52 03/14/2025 Equipment Contract Fees
COML Council Packet 3/25/25 Page 14 of 113
Check Name Check Amount Check Date Invoice Description
169323 Lad Irrigation Company Inc 1,017.11 03/14/2025 Irrigation Supplies
169324 Mid-American Research Chem 495.85 03/14/2025 Foaming Root Control
169325 Moses Lake Police Guild 615.00 03/14/2025 2506 - Union Dues - Police
169326 Moses Lake Steel Supply 31.77 03/14/2025 Shop Supplies for Lifting
169327 Norco Enterprises Inc 256.94 03/14/2025 Sparkplugs/Earplugs
169328 Northstar Chemical Inc 2,156.80 03/14/2025 Sodium Hypochlorite
169329 NYS Child Support Prosessing Center 184.61 03/14/2025 Child Support
169330 Oasis Auto Spa 712.00 03/14/2025 Car Washes - February 2025
169331 Office of Financial Recovery 265.00 03/14/2025 Garnishment
169332 Pape Machinery 750.65 03/14/2025 Genie Wheels
169333 Pasco Tire Factory, INC 2,837.41 03/14/2025 LT265/70R18 & LT275/65R18 Tires
169334 Penhalluricks Express Bldg Inc 43.00 03/14/2025 Steel Stud Track
169335 Perteet, Inc.96,361.15 03/14/2025 SR17/Yonezawa Blvd Improvements
169336 Platt Electric 341.31 03/14/2025 Lights for Dogwood Ct.
169337 Pollardwater.Com 3,981.04 03/14/2025 Misc. Parts
169338 Pud Of Grant County 111,653.08 03/14/2025 Electrical Services
169339 Qcl Inc 216.00 03/14/2025 Pre Employment Testing
169340 Redflex Traffic Systems Inc 47,701.93 03/14/2025 Feb25 Redflex
169341 Rells Fire Equipment Inc 2,007.51 03/14/2025 Hood Exhaust Inspection Service
169342 Sebastian Moraga 308.40 03/14/2025 Translation Services
169343 Sherwin-Williams 628.68 03/14/2025 Paint Sprayer Rebuild Kit
169344 SHI International, Inc 22,455.72 03/14/2025 Bluebeam Renewal 2025
169345 Shirtbuilders Inc 306.58 03/14/2025 Logo Gear
169346 Sirennet.Com 1,534.63 03/14/2025 Emergency Lighting Eq # 236 & 237
169347 Skaug Brothers Carpet One 4,247.05 03/14/2025 Carpet Tiles/LVP/Adhesive
169348 State Auditors Office 931.97 03/14/2025 Audit Services
169349 Sunrise Environ Scientific 1,360.40 03/14/2025 General Cleaning Supplies
169350 SWARCO McCain Inc.479.00 03/14/2025 Repair Labor
169351 Systems Design West, LLC 7,307.36 03/14/2025 EMS Billing Feb 2025
169352 The Links At Moses Pointe 8,115.00 03/14/2025 2025 Golf Employment Benefit Activity
169353 Titan Machinery, Inc.62.81 03/14/2025 Shop P.P.E.
169354 Traffic Safety Supply Company 1,891.26 03/14/2025 Sheeting
169355 Turf Star Western 147.43 03/14/2025 Cutting Edge
169356 Uline 39.06 03/14/2025 Tape
169357 United States Plastic Corp 413.49 03/14/2025 PVC Parts/Bins
169358 Ups Freight 186.37 03/14/2025 Shipping and Service Fees
169359 Util Undrgrnd Location Center 54.00 03/14/2025 Locates - February 2025
169360 Verizon Wireless 3,452.54 03/14/2025 Cell Services
169361 WACOPS LDG 2,184.00 03/14/2025 2506 - WACOPS/LDG
169362 Wash Council Police & Sheriffs 550.00 03/14/2025 2506 - WCPS Dues
169363 Waste Mgt Recycle America Inc 6,949.91 03/14/2025 Commingle Loads
169364 Weaver Exterminating Srvc Inc 132.37 03/14/2025 Bi-Monthly Rodent Control
169365 Weinstein Beverage Company 1,616.92 03/14/2025 Water/Supplies
169366 Wilbur Ellis Company 24,247.69 03/14/2025 Herbicide Management
169367 WSCCCE, AFSCME, AFL-CIO 3,371.57 03/14/2025 2506 - AFSCME Union Dues
1,265,175.17$
COML Council Packet 3/25/25 Page 15 of 113
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
Fiscal and Policy Implications
Madeline Prentice, Acting City Manager 26968
Doug Coutts, Parks,
Recreation, & Cultural
Services Director
Parks, Recreation, and
Cultural Services
3/25/2025 Consent Agenda
Concessionaire Agreements 2025
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 approve the recommended Concessionaire agreements for the
concession stands in Surf n Slide and in City parks for 2025.
El Charro Express-o LLC Contract 2025-Draft.docx 55.38KB
Jones Brand LLC Contract 2025-Draft.docx 2.77MB
Staff invited both Smulligan's and Jones Brand to return for the 2025 season as concessionaires. Jones Brand
accepted the invitation, but Smulligan's declined. Staff then issued an RFQ for the concession stands at Surf 'n
Slide, Larson Playfields, and Lauzier Playfields. We received three applications for these stands-El Charro
Express-o LLC, Jones Brand LLC, and Lifetime Treasures NW. Staff took these proposals to the PRCS Board
for review and El Charro Express-o LLC was selected by the PRCS Board as their recommendation to the
Council for approval.
Staff concurs and recommends proceeding with El Charro Express-o LLC for the Concession Stands at Surf 'N
Slide, Larson Playfields, and Lauzier Playfields, and continuing the kiosk concessions at Surf 'N Slide and Blue
Heron Park with Jones Brand LLC.
Attached are the concessionaire agreements that have been reviewed by the CIty Attorney.
None.
Options and Results
COML Council Packet 3/25/25 Page 16 of 113
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Staff will execute the attached agreements with El Charro Express-o and Jones Brand.
Staff will bring back options for recommended changes.
The agreements will not be executed.
COML Council Packet 3/25/25 Page 17 of 113
AGREEMENT FOR CITY PARK CONCESSION SERVICES
This Professional Services Agreement ("Agreement") is dated effective this 1st day of
April, 2024. The parties ("Parties") to this Agreement are the City of Moses Lake, a Washington
municipal corporation ("City"), and El Charro Express-o, LLC, a Washington partnership
(“Concessionaire”).
A. The City seeks the professional services of a skilled independent contractor
capable of working without direct supervision, to provide food and beverage services to the
general public at the Larson Playfield, Paul Lauzier Athletic Complex and the Surf ‘n Slide
Water Park concession stands; and
B. The Concessionaire has the requisite skill and experience necessary to provide
such services.
NOW, THEREFORE, the Parties agree as follows:
1. Services.
Concessionaire shall provide services as set forth in Exhibit "A" attached hereto and
incorporated by this reference, at the Larson Playfield, Paul Lauzier Athletic Complex and Surf
‘n Slide Water Park concession stand ("Concession Stand") located, in a manner consistent with
the accepted practices for other similar services, performed to the City's satisfaction, within the
time period prescribed by the City and pursuant to the direction of the City Manager or his
designee.
1.1 Customer Service. Concessionaire and all of its employees, agents, or
representatives shall provide the highest quality of customer service and shall treat all customers
with courtesy and respect. Concessionaire shall honor all reasonable request for refunds including
requests from customers that are dissatisfied with any food, beverage or other product sold by
Concessionaire or from customers who have lost money in any vending machine owned by
Concessionaire.
1.2 Employee Appearance. All of Concessionaire's employees, agents,
representatives or licensees shall have a neat, clean and sanitary personal appearance and those
who come in direct contact with the public shall wear clothing or identification, which
distinguishes them as employees of Concessionaire.
1.3 Employee Training. Concessionaire shall provide a training program for
its employees, agents, or representatives for the development of the skills and techniques
necessary to perform its obligations under this Agreement including but not limited to promoting
customer service, product and service presentation, cleanliness, and positive attitude.
1.4 Staffing. The Concession Stands shall be properly staffed in order to
prevent undue delay to the public. Concessionaire shall plan its staffing in advance and anticipate
to the best of its ability any events, such as holidays or special events, which may require
additional staffing. In the event the City determines in its sole discretion that Concessionaire is
not adequately staffing the Concession Stands, it may notify Concessionaire of that fact and
COML Council Packet 3/25/25 Page 18 of 113
Concessionaire shall endeavor to immediately increase its staffing to meet the City's
recommendation.
Concessionaire understands that the services authorized under this Agreement may
involve concessionaire's personnel having unsupervised access to children under sixteen years of
age, developmentally disabled persons, or vulnerable adults as those terms are defined in RCW
43.43.830. Concessionaire warrants and certifies that none of its personnel who will or may be
given such access shall have:
a. Been convicted of any offense against children or other persons, as defined in
RCW 43.43.830; or
b. Been convicted of any crimes related to financial exploitation, where the victim
was a vulnerable adult, as defined in RCW 43.43.830; or
c. Been adjudicated in any civil action to have committed child abuse, as defined in
RCW 43.43.830, or
d. Had a disciplinary board final decision rendered against them or has been
convicted of criminal charges associated with a disciplinary board final decision, as defined in
RCW 43.43.830.
Concessionaire shall be responsible for obtaining any necessary background checks of
personnel or volunteers in accordance with applicable provisions of state law, including but not
limited to those persons with unsupervised access to children or vulnerable persons (RCW
43.43.830 et seq.)
1.5 Hours and Areas of Operation. The Concession Stands shall remain open
during the hours of operation set forth in Exhibit "B", unless the City notifies the Concessionaire
of other hours of operation, and such hours of operation shall be posted in a conspicuous place
on the Concession Stands.
Concessionaire shall operate only at the locations identified herein, and shall not sell,
advertise, display or promote their products beyond these areas.
1.6 Pricing. All pricing of any food, beverage or other product as set forth in
Exhibit "C" attached hereto and incorporated by this reference, must be competitive and must be
approved in writing by the City. Concessionaire may not change any pricing without the City's
prior written consent, which consent may not be unreasonably withheld. Concessionaire shall
display a price list of goods sold in full view of the public at all times during the operation.
1.7 Products. All food, beverage or other products offered for sale by
Concessionaire to the public shall be approved in writing by the City prior to distribution or sale
of any such products. Concessionaire shall comply with any reasonable requests made by the
City to either add or eliminate certain types of food, beverage or other products. Concessionaire
shall comply with the City's existing, exclusive soft drink agreement. Concessionaire shall be
contractually obligated to sell exclusive product during all hours of operation.
Concessionaire shall not sell at the Surf ‘n Slide location, shave ice, any similar
type product as determined by the City’s Parks Recreation and Cultural Services Director, or any
COML Council Packet 3/25/25 Page 19 of 113
additional product mutually agreed upon between Concessionaire and the Surf ‘n Slide Shave Ice
Concessionaire, Jones Brand LLC.
Concessionaire shall not sell any items in glass containers, and any items with shells (i.e.-
peanuts, sunflower seeds etc.) nor shall Concessionaire sell, display or distribute tobacco
products or alcoholic beverages of any kind. Concessionaire shall not sell, advertise, or distribute
any non-food items.
2. Concession Equipment,
2.1 Delivery. The City agrees to allow Concessionaire the use of existing
concession equipment, as set forth in Exhibit “D,” located in each concession location.
Concessionaire shall be responsible for the maintenance, repair and/or replacement of the
Concession Equipment at Concessionaire's sole cost and expense. Concessionaire shall comply
with all applicable regulations regarding the use and maintenance of the commercial hood vents
and suppression systems. All required inspections and cleanings of the commercial hood vents
and suppression systems shall be arranged by the City at City's sole cost and expense.
2.2 Alterations. Concessionaire shall not make any alterations, additions or
improvements to the Concession Stands or to the Concession Equipment without the City's prior
written consent. In the event the City consents to the making of any alterations, additions or
improvements to the Concession Stands and/or Concession Equipment, the same shall be made
at Concessionaire's sole cost and expense, and in the event such alterations, additions or
improvements are made to a structure, building or other improvement attached to the real
property, the same will become a part of the real property and be surrendered to the City upon
the termination of this Agreement. The City has no obligation to alter, remodel, improve, repair,
decorate or paint the Concession Stands.
2.3 Removal of Equipment. In the event the City notifies Concessionaire that
it desires the removal of any concession equipment installed by and belonging to Concessionaire,
at any time, Concessionaire shall, at its sole cost and expense, remove such concession equipment
and repair any damage to the real property caused by such removal within thirty (30) days.
2.4 Maintenance. Concessionaire shall, at its sole cost and expense, maintain
the Concession Stands and Concession Equipment and the surrounding real property in good
condition and repair, including, but not limited to, maintaining the Concession Stands and the
area within a 100' radius from the Concession Stands, in a neat, clean and sanitary condition and
removing all garbage, trash or other debris on a regular basis pursuant to the City's instructions.
Concessionaire shall provide for the regular janitorial cleaning of the Concession Stands.
Concessionaire shall deposit all trash, garbage and/or debris for the operation in the dumpster
located at that site.
Upon termination and/or expiration of this Agreement, Concessionaire shall leave the
Concession Stands and Concession Equipment in the same or better condition as existed on the
date of commencement of this Agreement.
COML Council Packet 3/25/25 Page 20 of 113
2.5 Damage to Concession Stands. If the Concession Stands or any part
thereof is damaged by any cause other than the sole negligence of the City, its employees or
agents, Concessionaire shall, at its sole cost and expense, restore the Concession Stands to a
condition equivalent to or better than its condition immediately prior to such damage.
2.6 City Reimbursement. In the event Concessionaire fails to remove the
Concession Equipment pursuant to paragraph 2.3, maintain the Concession Stands or Equipment
pursuant to paragraph 2.4, or repair the Concession Stands pursuant to paragraph 2.5, the City
may, but in no event is the City obligated to, remove the Concession Equipment or perform the
maintenance or repair and the Concessionaire shall, upon demand, immediately pay the City the
costs and expenses of such removal, maintenance or repair. In the event Concessionaire fails to
comply with the terms of this paragraph, the City may confiscate the Concession Equipment or
any part thereof and sell the same, the proceeds of which sale will be credited against any costs
or expenses incurred by the City. The sale of the Concession Equipment shall not constitute an
election of remedies by the City but will be in addition to any remedies available to the City at
law, in equity, by statute or under this Agreement.
2.7 Utilities. Taxes and Expenses. Concessionaire shall pay all costs and
expenses associated with the operation of the Concession Stands other than utility expenses for
water and power, which will be paid by the City. Concessionaire shall pay directly, before
delinquency, any and all taxes levied or assessed upon its leasehold improvements, equipment,
furniture, fixtures and personal property located on the City's property.
3. Terms.
The term of this Agreement shall commence upon the effective date of this Agreement and
shall continue until the completion of the Services, but in any event no later than December 31,
2025, ("Term"). This Agreement may be extended for additional periods of time upon the mutual
written agreement of the City and the Concessionaire.
4. Termination.
Prior to the expiration of the Term, the City may terminate this Agreement immediately,
with or without cause and with a thirty (30) day notice.
5. Compensation.
5.1 Total Compensation. The Concessionaire agrees to pay the City an
amount equal to 15% of the Concessionaire's gross monthly revenue plus the applicable
Leasehold Excise Tax referenced in section 5.6, excluding state sales tax ("Percentage Payment").
The term "Gross Monthly Revenue" shall mean the total amount charged by
Concessionaire, its employees, agents, or licensees, for all goods and merchandise sold or services
performed, whether for cash or other consideration or on credit, and regardless of collections,
including but not limited to orders taken at the Concession Stands but filled elsewhere and orders
taken elsewhere but filled at the Concession Stands. This amount excludes any discounts given to
increase sales and is specifically the actual gross amount of revenue received by Concessionaire.
COML Council Packet 3/25/25 Page 21 of 113
5.2 Payment Due Date. Concessionaire shall deliver the Percentage Payment
to the City on or before the 10th day of each month for Gross Monthly Revenue received during
the preceding month ("Due Date"). All payments must be delivered to the Parks, Recreation and
Cultural services administrative office in the Larson Recreation Center at 610 W. Yakima Ave.
Moses Lake WA. 98837. Payments may be brought to the office between the hours of 9am and
4:30pm Monday through Friday excluding any holidays.5.3 Access to Records. Concessionaire
shall provide a written statement to the City on the Due Date showing the total Gross Monthly
Revenue for the preceding month ("Statement"). Concessionaire will provide the City or the
City's agents or representative's reasonable access to the books and records of Concessionaire for
the purposes of auditing and inspecting the same to verify the Statement. The records shall
include documents from which the original transaction entry was made, including sales slips,
cash register tapes, and/or purchase invoices. Concessionaire hereby authorizes the Tax Division
of the State of Washington to release to the City, a statement of receipts from sales and services
made at this concession as filed during the period of this contract.
5.4 Cash Register. All sales, other than sales from vending machines, shall be
recorded by a cash register, which display to the customer the amount of the sale and
automatically issue receipts certifying the transaction amount. The cash register shall be
equipped with devices which lock in sales totals, transaction records, produce duplicate audit
tape, contain counters which cannot be reset and which record the transaction numbers and sales
details on such tape. Any errors shall be noted by Concessionaire on the audit tape with an
explanation. Cash register readings shall be recorded by Concessionaire at the beginning and the
end of each business day.
5.5 Late Fee. Concessionaire acknowledges that late payment to the City of
the Percentage Payment will cause the City to incur costs not contemplated by this Agreement,
the exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment
is not received by the City on the Due Date, Concessionaire agrees to pay a late fee of 1% of the
total amount owed to the City for each successive 30-day period until the amount owed is paid.
5.6 Concessionaire Responsible for Taxes. The Concessionaire shall be solely
responsible for the payment and reporting of any taxes imposed by any lawful jurisdiction as a
result of the performance and payment of this Agreement; including, but not limited to, sales tax
and Leasehold Excise Tax, currently at a rate of 12.84 % of the percentage paid to the City.
6. Compliance with Laws.
Concessionaire shall comply with and perform the Services in accordance with all
applicable Federal, State, and City laws including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter adopted or including but not
limited to the following:
(i) Federal, State and local health, safety and licensing laws relating to the sale of
concession goods; and
(ii) City code provisions requiring any person or entity doing business in the City to
obtain a business license.
COML Council Packet 3/25/25 Page 22 of 113
(iii) Concessionaire shall hold a valid permit from the Grant County Health District if
food and/or beverages requiring such a permit are to be sold.
(iv) Concessionaire shall display the official Grant County Health District permit in
full view of the public at all times during the operation.
7. Warranty.
The Concessionaire warrants that it has the requisite training, skill and experience
necessary to provide the Services and is appropriately accredited and licensed by all applicable
agencies and governmental entities, including but not limited to being registered to do business
in the City of Moses Lake by obtaining a City of Moses Lake Business License.
8. Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the Concessionaire shall be an
independent contractor and that the City shall be neither liable nor obligated to pay Concessionaire
sick leave, vacation pay or any other benefit of employment, nor to pay any social security or
other tax which may arise as an incident of employment. The Concessionaire shall pay all income
and other taxes as due. Industrial or any other insurance, which is purchased for the benefit of the
City, regardless of whether such may provide a secondary or incidental benefit to the
Concessionaire, shall not be deemed to convert this Agreement to an employment contract. It is
recognized that concessionaire may or will be performing professional services during the Term
for other parties; provided, however, that such performance of other services shall not conflict
with or interfere with Concessionaire's ability to perform the Services. Concessionaire agrees to
resolve any such conflicts of interest in favor of the City.
9. Indemnification.
9.1 Contractor Indemnification. The Concessionaire agrees to indemnify,
defend, and hold the City, its elected officials, officers, employees, agents, and volunteers
harmless from any and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their
respective agents, licensees, or representatives, arising from, resulting from, or connected with
this Agreement to the extent caused by the negligent acts, errors or omissions of the
Concessionaire, its partners, shareholders, agents, employees, or by the Concessionaire's breach
of this Agreement. Concessionaire waives any immunity that may be granted to it under the
Washington State Industrial Insurance Act, Title 51 RCW. Concessionaire's indemnification shall
not be limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs.
9.2 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
10. Equal Opportunity Employer.
In all Concessionaire's activities, including the performance of the Services and all hiring
and employment made possible by or resulting from this Agreement, there shall be no
COML Council Packet 3/25/25 Page 23 of 113
discrimination by Concessionaire or by Concessionaire's employees, agents, subcontractors or
representatives against any person because of sex, age (except minimum age and retirement
provisions), race, color, creed, national origin, marital status or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon a bona fide occupational
qualification in relationship to hiring and employment,. This requirement shall apply, but not be
limited to the following: employment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. Concessionaire shall
not violate any of the terms of Chapter 49.60RCW, Title VII of the Civil Rights Act of 1964, the
Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 21973 or any other
applicable federal, state or local law or regulation regarding non-discrimination. Any material
violation of this provision shall be grounds for termination of this Agreement by the City and, in
the Case of the Concessionaire's breach, may result in ineligibility for further City agreements.
11. Confidentiality.
All information regarding the City obtained by Concessionaire in performance of this
Agreement shall be considered confidential. Breach of confidentiality by Concessionaire will be
grounds for immediate termination.
12. Insurance.
The Concessionaire agrees to carry as a minimum, the following insurance, in such forms
and with such carriers who have a rating, which is satisfactory to the City:
12.1 Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
12.2 Commercial general liability insurance with combined single limits of liability not
less than $2,000,000, a $2,000,000 aggregate for bodily injury, including personal injury or
death, products liability and property damage, and $2,000,000 products-completed operations
aggregate limit.
12.3 Automobile liability insurance with combined single limits of liability not less
than $1,000,000. For bodily injury, including personal injury or death and property damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverage, and all policies shall be in excess of, and
noncontributory with, any insurance maintained by the City. Concessionaire shall provide
certificates of insurance, concurrent with the execution of this Agreement, evidencing such
coverage on an occurrence (and not claims made) basis, and, at City's request, furnish the City
with copies of all insurance policies and with evidence of payment of premiums or fees of such
policies. All insurance policies shall contain a clause of endorsement providing that they may
not be terminated or materially amended during the Term of this Agreement except after thirty
(30) days prior written notice to the City. Concessionaire's failure to maintain such insurance
policies shall be grounds for the City's immediate termination of this Agreement.
The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
COML Council Packet 3/25/25 Page 24 of 113
13. Non-Exclusive Right. This Agreement does not grant Concessionaire an
exclusive right to distribute its products. The City reserves the right to grant to other persons or
entities any of the rights contained herein or otherwise.
14. Signs. Concessionaire shall be limited to placing a sign on the Concession Stands
only. Concessionaire shall not place any sign, notice or advertising matter in or about the City's
real property, without the City's prior consent, which consent may be withheld for any reason. If
required by city code, Concessionaire shall obtain all necessary permits in connection with any
such signs.
15. General Provisions.
15.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
15.2 Modification. No provision of this Agreement, including this provision,
may be amended or modified except by written agreement signed by the Parties.
15.3 Full force and Effect. Any provision of this Agreement, which is declared
invalid or illegal shall in no way, affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
15.4 Neither the Concessionaire nor the City shall have the right to transfer,
sublease, or in whole or in part, any or all of its obligation and rights hereunder without the prior
written consent of the other Party.
15.5 Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
15.6 Attorney Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys'
fees, costs and expenses. The venue for any dispute related to this Agreement shall be Grant
County, Washington.
15.7 No Waiver. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's right to declare another breach or
default.
15.8 Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
15.9 Authority. Each individual executing this Agreement on behalf of the
City and concessionaire represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the Concessionaire or the City.
15.10 Notices. Any notices required to be given by the Parties shall be delivered
at the addresses set forth below. Any notices may be delivered personally to the addressee of the
COML Council Packet 3/25/25 Page 25 of 113
notice or may be deposited in the United States mail, postage repaid, to the address set forth
below. Any notice so posted in the United States mail shall be deemed received three (3) days
after the date of mailing.
15.11 Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise affect
any of the provisions of this Agreement.
15.12 Performance. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Concessionaire's performance of this Agreement.
15.13 Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
15.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
15.15 Equal Opportunity to Draft. The parties have participated and had an equal
opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached.
No ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
DATED the day and year set forth above.
El Charro Express-o, LLC,
By: ___________________________
Hector Zavala, Owner
CITY OF MOSES LAKE
By: _____________________________
Doug Coutts, Parks, Recreation & Cultural Services Director
610 W. Yakima Ave.
Moses Lake, WA 98837
COML Council Packet 3/25/25 Page 26 of 113
On this day personally appeared before me, Hector Zavala, to me known to be the individual(s)
described in and who executed the foregoing instrument, and on oath swore that he/she/they
executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this _____ day of ______________________, 2023
___________________________________________
Notary Public in and for the State of ______________.
My commission expires ________________________
APPROVED AS TO FORM;
By:
___________________________
Katherine Kenison, City Attorney
COML Council Packet 3/25/25 Page 27 of 113
Exhibit A
In support of Agreement for City Park Concession Services
City of Moses Lake
Concessionaire: El Charro Express-o, LLC
Locations: Larson Playfield, 2501 W. Broadway
Paul Lauzier Athletic Complex, 933 Central Drive
Surf ‘n Slide Water Park, 401 4th Avenue
Services to be Provided
Food and beverage services including but not limited to:
Pepsi branded non-alcoholic beverages, waters, etc.
Assorted hot and cold food items
COML Council Packet 3/25/25 Page 28 of 113
Exhibit B
In support of Agreement for City Park Concession Services
Hours and Areas of Operation
GENERAL INFORMATION
Tournaments shall receive top priority concession services and league play shall be secondary and
at the discretion of the concessionaire. Specific tournament schedules will be available the
Monday afternoon before weekend tournament play. Please contact Moses Lake Parks &
Recreation office at 764-3806 or email fziemer@cityofml.com for game times and locations.
Paul Lauzier Athletic Complex and Larson Playfield are typically scheduled for regular use during
weekday evenings from 4:00 – 10:00 pm and all day on weekends. Below is a list of activities that
are currently scheduled at these facilities:
TOURNAMENTS
Date Event
April 13 - 14, 2024 Adult Slow-pitch Tournament
May 4 - 5, 2024 Adult Slow-pitch Tournament
May 18, 2024 WIAA Regional Baseball
May 16 - 19, 2024 Senior Softball
May 25 - 26, 2024 Adult Slow-pitch Tournament
June 7 - 9, 2024 Youth Baseball
June 14 – 16, 2024 Pete Doumit Memorial Tournament
July 6 – 7, 2024 Adult Slow-pitch Tournament
July 12 - 14, 2024 Legion Baseball Tournament
July 12 – 14, 2024 USA State Softball Tournament
July 20 – 21, 2024 Dessert Diamond Series Baseball
COML Council Packet 3/25/25 Page 29 of 113
LEAGUES
Columbia Basin Girls Softball April – May, 2024 Larson
Moses Lake Youth Baseball April 08 – May, 2024 Lauzier & Larson
Men’s League Softball May – July, 2024 Lauzier
Women’s League Softball June – July, 2024 Lauzier
Coed Softball July – August 30, 2024 Lauzier
Water Park Regular Hours
May 24 - 26, June 1, 7, 8, 2025 11 a.m. - 6:30 p.m.
May 27 - 30, June 2 – 6, 9, 2025 CLOSED (school in session)
June 10 - August 26, 2025 11 a.m. - 6:30 p.m.
August 27 - 29, 2025 CLOSED (school in session)
August 30 - September 1, 2025 11 a.m. - 6:30 p.m.
*Please note swim meet weekend hours in the next column.
Regular Season Schedule
Our season schedule follows the Moses Lake School District Schedule. The last day of school is
planned for June 9, 2025. We will update any changes to dates on our website.
Irregular Season Schedule
The Manta Ray’s swim meet will be the weekend of July 11 - 13, 2025. As a result, public swim
hours will be limited to the following for this weekend only:
Friday, July 11 11 a.m. - 3 p.m.
Saturday, July 12 4 - 8 p.m.
Sunday, July 13 4 - 8 p.m.
Date Event
August 8 – 4, 2024 Baseball Tournament
COML Council Packet 3/25/25 Page 30 of 113
Exhibit C
In support of Agreement for City Park Concession Services
Aquatic Center
Hot Dogs/German Dogs $4/$5
Hamburgers/Cheeseburgers $7/$8
Fries $5
Hamburger Combo (Fries/Soda) $12
Tacos $4
Tostadas $6
Burritos $5
Nachos $8
Breakfast Tacos $5
Candy
Soda
Gatorade
Water
Mini-donuts
Ice Cream/Popsicle
Larsen Field
Hot Dogs/German Dogs $4/$5
Hamburgers/Cheeseburgers $7/$8
Fries $5
Hamburger Combo (Fries/Soda) $12
Tacos $4
Tostadas $6
Burritos $5
Nachos $8
Breakfast Tacos $5
Candy
Soda
Gatorade
Water
Lauzier Field
Hot Dogs/German Dogs $4/$5
Hamburgers/Cheeseburgers $7/$8
COML Council Packet 3/25/25 Page 31 of 113
Fries $5
Hamburger Combo (Fries/Soda) $12
Tacos $4
Tostadas $6
Burritos $5
Nachos $8
Breakfast Tacos $5
Candy
Soda
Gatorade
Water
COML Council Packet 3/25/25 Page 32 of 113
Exhibit D
In support of Agreement for City Park Concession Services
Concession Equipment Inventory
Surf n Slide Water Park
1 36” Star Max Flat Grill
1 Star Max Double Basket Deep Fryer
1 Nacho Chip Warmer
1 Nemco Hot Holding Warmer
1 Cretor Popcorn Popper w/Oil Pump
4 Microwave Ovens
1 Hoshizaki America Prep Refrigerator w/Cutting Board
2 Stainless Steel Prep Tables
1 Marshall Warming Oven
1 True Half Height Refrigerator
1 Hoshizaki America Half Height Freezer
1 Stoelting Ice Cream Machine (double flavor)
1 Nacho Cheese Dispenser/Warming Unit
1 Frigo Granita Refrigerated Slush Puppy Dispenser
1 Gold Medal Hot Dog Roller/Cooker
1 Shavatron Ice Block Shaver
1 True Full Sized Freezer w/Double Doors
1 True Full Sized Refrigerator w/Single Door
1 True Full Sized Refrigerator w/Single Door
Larson Playfield
1 Thelma’s Lemonade Machine (refrigerated)
1 Cretor’s Popcorn Machine
1 Star 24” Flat Grill
1 Wells Char-Grill 18”
1 Wells Double Basket Deep Fryer
2 Microwaves
1 Nacho Warmer
1 Pretzel Warmer
1 White-Westinghouse Full Sized Freezer
1 Manitowoc Full Sized Refrigerator
Lauzier Athletic Complex
1 True Half-Height Refrigerator w/Glass Doors
1 Cretor’s Popcorn Machine w/Oil Pump
1 Nacho Chip Warmer
2 Microwaves
1 Bunn Coffee Machine
1 Star 24” Char-Grill
1 APW Wyott 36’ Flat Grill
1 Star Double Basket Deep Fryer
1 Good Humor Horizontal Freezer
1 True Full Sized Freezer w/Double Doors
1 Frigidaire Full Sized Freezer
COML Council Packet 3/25/25 Page 33 of 113
AGREEMENT FOR CITY PARK CONCESSION SERVICES
This Professional Services Agreement ("Agreement") is dated effective 25th day of
March, 2025. The parties ("Parties") to this Agreement are the City of Moses Lake, a
Washington municipal corporation ("City"), and Jones Brand LLC, a Washington partnership.
A. The City seeks the professional services of a skilled independent contractor
capable of working without direct supervision, to provide food and beverage services to the
general public at the Larson Recreation Center.
B. The Concessionaire has the requisite skill and experience necessary to provide
such services.
NOW, THEREFORE, the Parties agree as follows:
1. Services.
Concessionaire shall provide services as set forth in Exhibit "A" attached hereto and
incorporated by this reference, at Blue Heron Park and Surf ‘n Slide Waterpark from kiosk’s
provided by the Concessionaire, located, in a manner consistent with the accepted practices for
other similar services, performed to the City's satisfaction, within the time period prescribed by
the City and pursuant to the direction of the City Manager or his designee.
1.1 Customer Service. Concessionaire and all of its employees, agents, or
representatives shall provide the highest quality of customer service and shall treat all customers
with courtesy and respect. Concessionaire shall honor all reasonable request for refunds including
requests from customers that are dissatisfied with any food, beverage or other product sold by
Concessionaire or from customers who have lost money in any vending machine owned by
Concessionaire.
1.2 Employee Appearance. All of Concessionaire's employees, agents,
representatives or licensees shall have a neat, clean and sanitary personal appearance and those
who come in direct contact with the public shall wear clothing or identification, which
distinguishes them as employees of Concessionaire.
1.3 Employee Training. Concessionaire shall provide a training program for
its employees, agents, or representatives for the development of the skills and techniques
necessary to perform its obligations under this Agreement including but not limited to promoting
customer service, product and service presentation, cleanliness, and positive attitude.
1.4 Staffing. The Kiosk’s shall be properly staffed in order to prevent undue
delay to the public. Concessionaire shall plan its staffing in advance and anticipate to the best of
its ability any events, such as holidays or special events, which may require additional staffing.
In the event the City determines in its sole discretion that Concessionaire is not adequately
staffing the Kiosk, it may notify Concessionaire of that fact and Concessionaire shall endeavor
to immediately increase its staffing to meet the City's recommendation.
Concessionaire understands that the services authorized under this Agreement may
involve concessionaire's personnel having unsupervised access to children under sixteen years of
COML Council Packet 3/25/25 Page 34 of 113
age, developmentally disabled persons, or vulnerable adults as those terms are defined in RCW
43.43.830. Concessionaire warrants and certifies that none of its personnel who will or may be
given such access shall have:
a. Been convicted of any offense against children or other persons, as defined in
RCW 43.43.830; or
b. Been convicted of any crimes related to financial exploitation, where the victim
was a vulnerable adult, as defined in RCW 43.43.830; or
c. Been adjudicated in any civil action to have committed child abuse, as defined in
RCW 43.43.830, or
d. Had a disciplinary board final decision rendered against them or has been
convicted of criminal charges associated with a disciplinary board final decision, as defined in
RCW 43.43.830.
Concessionaire shall be responsible for obtaining any necessary background checks of
personnel or volunteers in accordance with applicable provisions of state law, including but not
limited to those persons with unsupervised access to children or vulnerable persons (RCW
43.43.830 et seq.)
1.5 Hours and Areas of Operation. The Kiosk shall remain open during the
hours of operation set forth in Exhibit "B", unless the City notifies the Concessionaire of other
hours of operation, and such hours of operation shall be posted in a conspicuous place on the
Kiosk.
Concessionaire shall operate only at the locations identified herein, and shall not sell,
advertise, display or promote their products beyond these areas.
1.6 Pricing. All pricing of any food, beverage or other product as set forth in
Exhibit "C" attached hereto and incorporated by this reference, must be competitive and must be
approved in writing by the City. Concessionaire may not change any pricing without the City's
prior written consent, which consent may not be unreasonably withheld. Concessionaire shall
display a price list of goods sold in full view of the public at all times during the operation.
1.7 Products. All food, beverage or other products offered for sale by
Concessionaire to the public shall be approved in writing by the City prior to distribution or sale
of any such products. Concessionaire shall comply with any reasonable requests made by the
City to either add or eliminate certain types of food, beverage or other products.
At the Surf ‘n Slide location, Concessionaire shall only sell, shave ice, any similar
type product as determined by the City’s Parks Recreation and Cultural Services Director, or any
additional product mutually agreed upon in writing between Concessionaire and the Surf ‘n Slide
Main Concessionaire, El Charro.
Concessionaire shall not sell any items in glass containers, and any items with shells (i.e.-
peanuts, sunflower seeds etc.) nor shall Concessionaire sell, display or distribute tobacco
products or alcoholic beverages of any kind. Concessionaire shall not sell, advertise, or distribute
any non-food items.
COML Council Packet 3/25/25 Page 35 of 113
2. Shave Ice Kiosks.
2.2 Location. Concessionaire shall be permitted to locate two (2) shave ice
Kiosks on the City’s property, the location of which is identified on Exhibit A, attached hereto
and incorporated herein. Concessionaire shall not make any alterations, additions or
improvements to the Kiosks without the City's prior written consent. In the event the City
consents to the making of any alterations, additions or improvements to the Kiosks, the same
shall be made at Concessionaire's sole cost and expense, and in the event such alterations,
additions or improvements are made to a structure, building or other improvement attached to the
real property, the same will become a part of the real property and be surrendered to the City
upon the termination of this Agreement. The City has no obligation to alter, remodel, improve,
repair, decorate or paint the Kiosks.
2.3 Removal of Kiosks. In the event the City notifies Concessionaire that it
desires the removal of any kiosks installed by and belonging to Concessionaire, at any time,
Concessionaire shall, at its sole cost and expense, remove such Kiosks equipment and repair any
damage to the real property caused by such removal within thirty (30) days.
2.4 Maintenance. Concessionaire shall, at its sole cost and expense, maintain
the Kiosks and Kiosks Equipment and the surrounding real property in good condition and repair,
including, but not limited to, maintaining the Kiosks and the area within a 100' radius from the
Kiosks, in a neat, clean and sanitary condition and removing all garbage, trash or other debris on
a regular basis pursuant to the City's instructions. Concessionaire shall provide for the regular
janitorial cleaning of the Kiosks. Concessionaire shall deposit all trash, garbage and/or debris for
the operation in the dumpster located at that site.
2.5 Damage to Property. If the Kiosks or any part thereof is damaged by any
cause other than the sole negligence of the City, its employees or agents, Concessionaire shall, at
its sole cost and expense, restore the Kiosks to a condition equivalent to or better than its condition
immediately prior to such damage.
2.6 City Reimbursement. In the event Concessionaire fails to remove the
Kiosks pursuant to paragraph 2.3, maintain the Kiosks or Equipment pursuant to paragraph 2.4,
or repair the Kiosks pursuant to paragraph 2.5, the City may, but in no event is the City obligated
to, remove the Kiosks or perform the maintenance or repair and the Concessionaire shall, upon
demand, immediately pay the City the costs and expenses of such removal, maintenance or repair.
In the event Concessionaire fails to comply with the terms of this paragraph, the City may
confiscate the Kiosks or any part thereof and sell the same, the proceeds of which sale will be
credited against any costs or expenses incurred by the City. The sale of the Kiosks shall not
constitute an election of remedies by the City but will be in addition to any remedies available to
the City at law, in equity, by statute or under this Agreement.
2.7 Utilities. Taxes and Expenses. Concessionaire shall pay all costs and
expenses associated with the operation of the Kiosks other than utility expenses for water and
power, which will be paid by the City. Concessionaire shall pay directly, before delinquency, all
COML Council Packet 3/25/25 Page 36 of 113
appropriate sales tax, and any and all taxes levied or assessed upon its leasehold improvements,
equipment, furniture, fixtures and personal property located on the City's property.
3. Terms.
The term of this Agreement shall commence upon the effective date of this Agreement and
shall continue until the completion of the Services, but in any event no later than December 31,
2025, ("Term"). This Agreement may be extended for additional periods of time upon the mutual
written agreement of the City and the Concessionaire.
4. Termination.
Prior to the expiration of the Term, the City may terminate this Agreement immediately,
with or without cause and with a thirty (30) day notice.
5. Compensation.
5.1 Total Compensation. The Concessionaire agrees to pay the City an
amount equal to 15% of the Concessionaire's gross monthly revenue plus the applicable
Leasehold Excise Tax referenced in section 5.6, excluding state sales tax ("Percentage Payment").
The term "Gross Monthly Revenue" shall mean the total amount charged by
Concessionaire, its employees, agents, or licensees, for all goods and merchandise sold or services
performed, whether for cash or other consideration or on credit, and regardless of collections,
including but not limited to orders taken at the Kiosks but filled elsewhere and orders taken
elsewhere but filled at the Kiosks. This amount excludes any discounts given to increase sales and
is specifically the actual gross amount of revenue received by Concessionaire.
5.2 Payment Due Date. Concessionaire shall deliver the Percentage Payment
to the City on or before the 10th day of each month for Gross Monthly Revenue received during
the preceding month ("Due Date"). All payments must be delivered to the Parks, Recreation and
Cultural services administrative office in the Larson Recreation Center at 610 W. Yakima Ave.
Moses Lake WA. 98837. Payments may be brought to the office between the hours of 8am and
4:30pm Monday through Friday excluding any holidays.
5.3 Access to Records. Concessionaire shall provide a written statement to
the City on the Due Date showing the total Gross Monthly Revenue for the preceding month
("Statement"). Concessionaire will provide the City or the City's agents or representative's
reasonable access to the books and records of Concessionaire for the purposes of auditing and
inspecting the same to verify the Statement. The records shall include documents from which
the original transaction entry was made, including sales slips, cash register tapes, and/or purchase
invoices. Concessionaire hereby authorizes the Tax Division of the State of Washington to release
to the City, a statement of receipts from sales and services made at this concession as filed during
the period of this contract.
5.4 Cash Register. All sales, other than sales from vending machines, shall be
recorded by a cash register, which display to the customer the amount of the sale and
automatically issue receipts certifying the transaction amount. The cash register shall be
equipped with devices which lock in sales totals, transaction records, produce duplicate audit
tape, contain counters which cannot be reset and which record the transaction numbers and sales
Commented [DC1]: Jones LLC will be providing it’s own
Shave Ice Kiosks which wil remain on site throughout the
season. They will be connecting to power and water if
possible at their cost to connect. Based on this, we would
likely not require them to pay for water or power use.
Not sure how to address all of that.
COML Council Packet 3/25/25 Page 37 of 113
details on such tape. Any errors shall be noted by Concessionaire on the audit tape with an
explanation. Cash register readings shall be recorded by Concessionaire at the beginning and the
end of each business day.
5.5 Late Fee. Concessionaire acknowledges that late payment to the City of
the Percentage Payment will cause the City to incur costs not contemplated by this Agreement,
the exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment
is not received by the City on the Due Date, Concessionaire agrees to pay a late fee of 1% of the
total amount owed to the City for each successive 30-day period until the amount owed is paid.
5.6 Concessionaire Responsible for Taxes. The Concessionaire shall be solely
responsible for the payment and reporting of any taxes imposed by any lawful jurisdiction as a
result of the performance and payment of this Agreement; including, but not limited to, sales tax
and Leasehold Excise Tax, currently at a rate of 12.84 % of the percentage paid to the City.
6. Compliance with Laws.
Concessionaire shall comply with and perform the Services in accordance with all
applicable Federal, State, and City laws including, without limitation, all City codes, ordinances,
resolutions, standards and policies, as now existing or hereafter adopted or including but not
limited to the following:
(i) Federal, State and local health, safety and licensing laws relating to the sale of
concession goods; and
(ii) City code provisions requiring any person or entity doing business in the City to
obtain a business license.
(iii) Concessionaire shall hold a valid permit from the Grant County Health District if
food and/or beverages requiring such a permit are to be sold.
(iv) Concessionaire shall display the official Grant County Health District permit in
full view of the public at all times during the operation.
7. Warranty.
The Concessionaire warrants that it has the requisite training, skill and experience
necessary to provide the Services and is appropriately accredited and licensed by all applicable
agencies and governmental entities, including but not limited to being registered to do business
in the City of Moses Lake by obtaining a City of Moses Lake Business License.
8. Independent Contractor/Conflict of Interest.
It is the intention and understanding of the Parties that the Concessionaire shall be an
independent contractor and that the City shall be neither liable nor obligated to pay Concessionaire
sick leave, vacation pay or any other benefit of employment, nor to pay any social security or
other tax which may arise as an incident of employment. The Concessionaire shall pay all income
and other taxes as due. Industrial or any other insurance, which is purchased for the benefit of the
City, regardless of whether such may provide a secondary or incidental benefit to the
Concessionaire, shall not be deemed to convert this Agreement to an employment contract. It is
recognized that concessionaire may or will be performing professional services during the Term
COML Council Packet 3/25/25 Page 38 of 113
for other parties; provided, however, that such performance of other services shall not conflict
with or interfere with Concessionaire's ability to perform the Services. Concessionaire agrees to
resolve any such conflicts of interest in favor of the City.
9. Indemnification.
9.1 Contractor Indemnification. The Concessionaire agrees to indemnify,
defend, and hold the City, its elected officials, officers, employees, agents, and volunteers
harmless from any and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their
respective agents, licensees, or representatives, arising from, resulting from, or connected with
this Agreement to the extent caused by the negligent acts, errors or omissions of the
Concessionaire, its partners, shareholders, agents, employees, or by the Concessionaire's breach
of this Agreement. Concessionaire waives any immunity that may be granted to it under the
Washington State Industrial Insurance Act, Title 51 RCW. Concessionaire's indemnification shall
not be limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation acts, disability benefit acts or any
other benefits acts or programs.
9.2 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
10. Equal Opportunity Employer.
In all Concessionaire's activities, including the performance of the Services and all hiring
and employment made possible by or resulting from this Agreement, there shall be no
discrimination by Concessionaire or by Concessionaire's employees, agents, subcontractors or
representatives against any person because of sex, age (except minimum age and retirement
provisions), race, color, creed, national origin, marital status or the presence of any disability,
including sensory, mental or physical handicaps, unless based upon a bona fide occupational
qualification in relationship to hiring and employment,. This requirement shall apply, but not be
limited to the following: employment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. Concessionaire shall
not violate any of the terms of Chapter 49.60RCW, Title VII of the Civil Rights Act of 1964, the
Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 21973 or any other
applicable federal, state or local law or regulation regarding non-discrimination. Any material
violation of this provision shall be grounds for termination of this Agreement by the City and, in
the Case of the Concessionaire's breach, may result in ineligibility for further City agreements.
11. Confidentiality.
All information regarding the City obtained by Concessionaire in performance of this
Agreement shall be considered confidential. Breach of confidentiality by Concessionaire will be
grounds for immediate termination.
12. Insurance.
COML Council Packet 3/25/25 Page 39 of 113
The Concessionaire agrees to carry as a minimum, the following insurance, in such forms
and with such carriers who have a rating, which is satisfactory to the City:
12.1 Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
12.2 Commercial general liability insurance with combined single limits of liability not
less than $2,000,000, a $2,000,000 aggregate for bodily injury, including personal injury or
death, products liability and property damage, and $2,000,000 products-completed operations
aggregate limit.
12.3 Automobile liability insurance with combined single limits of liability not less
than $1,000,000. For bodily injury, including personal injury or death and property damage.
The City shall be named as additional insured on all such insurance policies, with the
exception of workers' compensation coverage, and all policies shall be in excess of, and
noncontributory with, any insurance maintained by the City. Concessionaire shall provide
certificates of insurance, concurrent with the execution of this Agreement, evidencing such
coverage on an occurrence (and not claims made) basis, and, at City's request, furnish the City
with copies of all insurance policies and with evidence of payment of premiums or fees of such
policies. All insurance policies shall contain a clause of endorsement providing that they may
not be terminated or materially amended during the Term of this Agreement except after thirty
(30) days prior written notice to the City. Concessionaire's failure to maintain such insurance
policies shall be grounds for the City's immediate termination of this Agreement.
The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
13. Non-Exclusive Right. This Agreement does not grant Concessionaire an
exclusive right to distribute its products. The City reserves the right to grant to other persons or
entities any of the rights contained herein or otherwise.
14. Signs. Concessionaire shall be limited to placing a sign on the Kiosks only.
Concessionaire shall not place any sign, notice or advertising matter in or about the City's real
property, without the City's prior consent, which consent may be withheld for any reason. If
required by city code, Concessionaire shall obtain all necessary permits in connection with any
such signs.
15. General Provisions.
15.1 Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
15.2 Modification. No provision of this Agreement, including this provision,
may be amended or modified except by written agreement signed by the Parties.
15.3 Full force and Effect. Any provision of this Agreement, which is declared
invalid or illegal shall in no way, affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
COML Council Packet 3/25/25 Page 40 of 113
15.4 Neither the Concessionaire nor the City shall have the right to transfer,
sublease, or in whole or in part, any or all of its obligation and rights hereunder without the prior
written consent of the other Party.
15.5 Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs and assigns.
15.6 Attorney Fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys'
fees, costs and expenses. The venue for any dispute related to this Agreement shall be Grant
County, Washington.
15.7 No Waiver. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City to declare
one breach or default does not act as a waiver of the City's right to declare another breach or
default.
15.8 Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
15.9 Authority. Each individual executing this Agreement on behalf of the City
and concessionaire represents and warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the Concessionaire or the City.
15.10 Notices. Any notices required to be given by the Parties shall be delivered
at the addresses set forth below. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail, postage repaid, to the address set forth
below. Any notice so posted in the United States mail shall be deemed received three (3) days
after the date of mailing.
15.11 Captions. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise affect
any of the provisions of this Agreement.
15.12 Performance. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Services is essential to the Concessionaire's performance of this Agreement.
15.13 Remedies Cumulative. Any remedies provided for under the terms of this
Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
15.14 Counterparts. This Agreement may be executed in any number of
counterparts, which counterparts shall collectively constitute the entire Agreement.
15.15 Equal Opportunity to Draft. The parties have participated and had an equal
opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached.
COML Council Packet 3/25/25 Page 41 of 113
No ambiguity shall be construed against any party upon a claim that that party drafted the
ambiguous language.
DATED the day and year set forth above.
Jones Brand LLC
By: ___________________________
Robert Jones
CITY OF MOSES LAKE
By: _____________________________
Doug Coutts, Parks, Recreation & Cultural Services Director
610 W. Yakima Ave.
Moses Lake, WA 98837
COML Council Packet 3/25/25 Page 42 of 113
Exhibit A
In support of Agreement for City Park Concession Services
City of Moses Lake
Concessionaire: Jones Brand LLC
Locations:
Surf ‘n Slide Water Park, 401 4th Avenue
COML Council Packet 3/25/25 Page 43 of 113
Blue Heron Park, 111 Westshore Dr. NE
Services to be Provided
Food and beverage services including but not limited to:
Hawaiian Shave Ice
COML Council Packet 3/25/25 Page 44 of 113
Exhibit B
In support of Agreement for City Park Concession Services
Hours and Areas of Operation
Water Park Regular Hours
2024 Hours
May 25 - 27, June 1, 2, 8, 9, 2024 11 a.m. to 6:30 p.m.
May 28 - 31 June 3 - 7, 10, 2024* CLOSED (School in session)
June 11 - August 27, 2024** 11 a.m. to 6:30 p.m. (Monday - Sunday)
August 28 – 30, 2024 CLOSED (School in session)
August 31 - 2, 2024 11 a.m. to 6:30 p.m.
Regular Season Schedule
*PLEASE NOTE: Our season schedule follows the Moses Lake School District Schedule. The
last day of school is planned for June 10, 2024, however this may change due to make-up snow
days. We will update any changes to dates or hours on our website as well as our Moses Lake
Parks, Recreation & Cultural Services Facebook and Instagram pages.
Irregular Season Schedule
*PLEASE NOTE: On the weekend of July 12-14, 2024 the Moses Lake Manta Ray Swim team
will be hosting their annual invitational swim meet. The facility will run on very limited public
schedule during the swim meet weekend.
Public hours during swim meet weekend:
Friday, July 12 11:00 am – 3:00 pm
Saturday, July 13 4:00 – 8:00 pm
Sunday, July 14 4:00 – 8:00 pm
COML Council Packet 3/25/25 Page 45 of 113
Exhibit C
In support of Agreement for City Park Concession Services
Surf ‘n Slide Kiosk
Authentic Round Block Shave Ice
Kids $5.25
Regular $6.50
Large $8.25
*Toppings available for an additional cost.
Cotton Candy
Cotton Candy Bag $6.25
*Premade at approved commissary
Lemonade (regular and frozen) & flavored Drinks
Kids $5.00
Regular $6.25
Large $8.25
Blue Heron Kiosk
Authentic Round Block Shave Ice
Kids $5.25
Regular $6.50
Large $8.25
*Toppings available for an additional cost.
Cotton Candy & Kettle Corn
Cotton Candy Bag $6.25
Kettle Corn Bag $7.25
*Premade at approved commissary
Lemonade (regular and frozen) & flavored Drinks
Kids $5.00
Regular $6.25
Large $8.25
COML Council Packet 3/25/25 Page 46 of 113
Flavor Burst Ice Cream /Hard Ice Cream
Kids $6.25
Regular $7.75
*Pepsi Products (no coke per City agreement with Weinstein)
*Items dependent on space, power and water.
*Items at Surf ‘N Slide restricted to non-competitive items with main concession stand based on
opinion of PRCS Director. If both parties: Jones Brand LLC, and El Charro Express-o, LLC
come to a written agreement on additional items, and submit said list signed by both parties to
the PRCS Director, those additional items will be permitted.
COML Council Packet 3/25/25 Page 47 of 113
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required: Amount Budgeted: Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
26809
Public Works
To:
Madeline Prentice, Acting
City Manager
From
Brian Baltzell, Public Works
Director
For Agenda of:
3/25/2025 Consent Agenda
Group 14 Industrial Waste Discharge Permit No. 26 Date Correction
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 authorize the City Manager to execute the permit.
Group14 BAM-2, Inc WDP No. 26 .pdf 272.51KB
City of Moses Lake Industrial Waste Discharge Permit No. 26 was issued to Group14 Technologies, Inc. in April
2024. As a significant user, they are required to have an industrial discharge permit from the Department of
Ecology and the City of Moses Lake. Group14 Technologies, Inc. requested name change on the permit to
reflect the update to their Secretary of State registration. On February 11, 2025, Council approved the permit
name change to Group14 BAM-2, Inc. as requested.
Before the permit, with the name change, was executed, it was discovered the effective and expiration dates
were changed in error. Per the City Attorney, the expiration date should reflect the original issuance date, not the
date the name change was approved.
This is request is to approve City of Moses Lake Industrial Waste Discharge Permit No. 26 to Group14 BAM-2,
Inc. with an effective date of May 14, 2024 and expiration date of May 14, 2029.
Fiscal implications are the accrual of annual permit fees and the permit renewal on a five-year basis.
Options and Results COML Council Packet 3/25/25 Page 48 of 113
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The industry will be allowed to discharge their wastewater to the City's Publicly Owned Treatment Works
(POTW) for five years prior to renewal.
Staff will bring back options for recommended changes.
The Industry will have to pursue other options for their wastewater.
COML Council Packet 3/25/25 Page 49 of 113
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 3/25/25 Page 50 of 113
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 3/25/25 Page 51 of 113
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 3/25/25 Page 52 of 113
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 3/25/25 Page 53 of 113
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 3/25/25 Page 54 of 113
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 3/25/25 Page 55 of 113
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: ____________________________________
Chief Financial Officer
COML Council Packet 3/25/25 Page 56 of 113
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
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Madeline Prentice, Acting City Manager 26928
Doug Coutts, Parks,
Recreation, and Cultural
Services Director
Parks, Recreation, and
Cultural Services
3/25/2025 Consent Agenda
2025 Fireworks agreement
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
28,750.00$ 28,750.00$0.00$
Staff recommends City Council motion to approve the 2025 Fireworks agreement with Western Display.
Contract REV - Moses Lake 2025 wdf executed.pdf 378.45KB
Western Display is the only Fireworks contractor that operates in the state of Washington. They have been our
contractor for the past three years and staff recommends approval. The $28,750 is budgeted in LTAC funding for
2025.
None.
Options and Results
Staff will execute the Fireworks agreement with Western Display.
Staff will bring back options for recommended changes.
The fireworks contract will not be executed.
COML Council Packet 3/25/25 Page 57 of 113
DISPLAY AGREEMENT AND PURCHASE ORDER
THIS AGREEMENT ("Agreement") is entered into on by and between
Western Display Fireworks, Ltd., an Oregon corporation, whose address is set forth above, ("Western") and
City of Moses Lake, whose address is 401 S Balsam St, PO Box 1579, Moses Lake, WA 98837 ("Sponsor").
Western and Sponsor are sometimes individually referred to as a "Party" and collectively as the "Parties."
In consideration of the mutual terms and conditions set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Proposal. Western agrees to supply, and Sponsor agrees to pay for, a fireworks display on the following
designated date(s) and location: July 3, 2025 shot from a barge from Moses Lake, Moses Lake, WA 98837,
as detailed in Proposal #25-7694, which is attached hereto and incorporated herein by this reference,
(the “Display”) in accordance with the program approved by both Parties.
2. Price and Payment Terms. Total price of TWENTY EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS
AND NO/100 ($28,750.00) is to be paid as follows: 25% of the total price, $7,187.50 is due by MARCH
15, 2025; 25% of the total price, $7,187.50 is due by JUNE 3, 2025; the remaining balance of the price,
$14,375.00, is due in full on or before July 14, 2025. Interest will accrue at 1½% per month (an annual
percentage rate of 18% per annum) on all unpaid amounts from the date on which the payment was due.
3. Western Duties. As part of the total price Western agrees to the following:
a. To supply all shells and other pyrotechnics listed on the Proposal;
b. Determine an appropriate location for storage, staging and discharging of the fireworks;
c. Determine safe and appropriate locations for spectators to view the Display and areas where no
spectators are allowed;
d. Inspection of discharge location for any hazards prior to and after the fireworks Display;
e. Mortars, firing equipment and all other required materials necessary to perform its services
hereunder;
f. Proper delivery, set-up, firing and presentation by pyrotechnic operator and crew covered under
workers compensation insurance;
g. To remove all equipment and spent pyrotechnic devices and clean up debris from the immediate
Display site. Sponsor acknowledges that additional debris may remain in the fallout zone after
Western’s responsibilities of Display site cleanup have been completed; and
h. To comply with all local and federal guidelines and obtain any necessary permits to perform the
Display, unless otherwise notes in Sponsor duties.
4. Sponsor Duties.
a. Sponsor shall comply with all duties as detailed under the Compliance with Laws/Sponsor
Responsibilities portion of this Agreement; and
b. Sponsor to provide a floating platform adequate to conduct the display and vessel to tow the
platform and transport the crew to and from shore as needed. Sponsor to provide a loading site
for fireworks and mortars and any necessary loading equipment. Floating platform provided must
comply with size requirements set forth by NFPA 1123 and meet the approval of WDF. Floating
platform and vessel arrangements to be mutually agreed upon no later than March 1, 2025.
COML Council Packet 3/25/25 Page 58 of 113
PAGE 2
5. Insurance.
a. Minimum Scope of Insurance
The Contractor’s required insurance shall be of the types and coverage as stated below:
Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.
Commercial General Liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide a per project general aggregate
limit using ISO form CG 25 03 05 09 or an endorsement providing at least as broad
coverage. There shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The Public Entity shall be named as an additional insured
under the Contractor’s Commercial General Liability insurance policy with respect to the
work performed for the Public Entity using ISO Additional Insured endorsement CG 20 10
10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
Workers’ Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
b. Minimum Amounts of Insurance
The Contractor shall maintain the following insurance limits:
Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-
completed operations aggregate limit.
c. Public Entity Full Availability of Contractor Limits
If the Contractor maintains higher insurance limits than the minimums shown above, the
Public Entity shall be insured for the full available limits of Commercial General and Excess
or Umbrella liability maintained by the Contractor, irrespective of whether such limits
maintained by the Contractor are greater than those required by this Contract or whether
any certificate of insurance furnished to the Public Entity evidences limits of liability lower
than those maintained by the Contractor.
d. Other Insurance Provision
The Contractor’s Automobile Liability and Commercial General Liability insurance policies
are to contain, or be endorsed to contain that they shall be primary insurance as respect
the Public Entity. Any insurance, self-insurance, or self-insured pool coverage maintained
COML Council Packet 3/25/25 Page 59 of 113
PAGE 3
by the Public Entity shall be excess of the Contractor’s insurance and shall not contribute
with it.
e. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:
VII.
f. Verification of Coverage
The Contractor shall furnish the Public Entity with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsements, evidencing the insurance requirements of the Contractor before
commencement of the work. Upon request by the Public Entity, the Contractor shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Contract and evidence of all subcontractors’ coverage.
g. Subcontractors’ Insurance
The Contractor shall cause each and every Subcontractor to provide insurance coverage
that complies with all applicable requirements of the Contractor-provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the
limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure
that the Public Entity is an additional insured on each and every Subcontractor’s
Commercial General liability insurance policy using an endorsement as least as broad as
ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.
h. Notice of Cancellation
The Contractor shall provide the Public Entity and all Additional Insureds for this work
with written notice of any policy cancellation within two business days of their receipt of
such notice.
i. Failure to Maintain Insurance
Failure on the part of the Contractor to maintain the insurance as required shall constitute
a material breach of contract, upon which the Public Entity may, after giving five business
days’ notice to the Contractor to correct the breach, immediately terminate the Contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the Public Entity on
demand, or at the sole discretion of the Public Entity, offset against funds due the
Contractor from the Public Entity.
6. Indemnification/Hold Harmless. Western shall defend, indemnify and hold the Sponsor, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the Sponsor.
However, should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property cause by or resulting from the concurrent negligence of Western and the Sponsor, its officers,
COML Council Packet 3/25/25 Page 60 of 113
PAGE 4
officials, employees, and volunteers, Western’s liability hereunder shall be only to the extent of Western’s
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes Western’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions
of this section shall survive the expiration or termination of this Agreement.
a. Insurance Term
Western shall procure and maintain insurance, as required in this Section, without
interruption from commencement of Western’s work through the term of Contract and for
thirty (30) days after the project completion date, unless otherwise indicated herein.
b. No Limitation
Western’s maintenance of insurance, its scope of coverage and limits as required herein shall
not be construed to limit the liability of Western to the coverage provided by such insurance,
or otherwise limit the Sponsor’s recourse to any remedy available at law or in equity.
7. Compliance with Laws.
a. Sponsor Responsibilities: SPONSOR agrees to perform their requirements in accordance with NFPA
1123 OUTDOOR DISPLAY OF FIREWORKS 2022 Edition (National Fire Protection Association) 8.1
General Requirements. The sponsor of the display shall make provisions for fire protection for the
display. 8.1.1 The sponsor shall consult with the AHJ, the local responding fire department (if
different from the AHJ) and the operator (the licensed pyrotechnic operator employed by
Western) to determine the level of fire protection required. 8.1.2 The following shall apply to
crowd control: (1) Monitors whose sole duty is the enforcement of crowd control shall be located
around the display site and at other locations as determined by Western. (2) The AHJ and the
Sponsor shall approve the provisions for crowd control. 8.1.2.1 Monitors shall be positioned
around the display site to prevent spectators or any other unauthorized persons from entering
the discharge site. 8.1.2.2 Where required by the AHJ, approved delineators or barriers shall be
used to aid in crowd control. 8.1.2.3 Portions of the display site, other than the discharge site(s),
shall be permitted to be open to the public prior to the display as long as the provisions of 4.2.2.2
are maintained. 8.1.2.4 Unescorted public access to the discharge site shall not be permitted
where pyrotechnic materials are present during the period before the display. 8.1.2.5 The
discharge site shall be restricted throughout the display and until the discharge site has been
inspected after the display (see Exhibit A – Display Site Map).
b. Western’s Responsibilities: Western shall secure and maintain any and all licenses, permits or
certificates that may be required by any regulatory body having jurisdiction over the materials or
performance of the services herein contemplated unless otherwise noted above in Sponsor duties.
Western shall exercise full and complete authority over its personnel, shall comply with all workmen's
compensation, employer's liability and other federal, state, county and municipal laws, ordinances,
rules and regulations required of an employer performing such services, and shall make all reports
and remit all withholdings or other deductions from the compensation paid its personnel as may be
required by any federal, state, county or municipal law, ordinance, rule or regulation. Western is
responsible to insure that all materials and services supplied under this Agreement comply with all
laws, rules and regulations of the State and the federal government relating thereto.
COML Council Packet 3/25/25 Page 61 of 113
PAGE 5
Western is responsible for determining an appropriate location for storage, staging and
discharging of the fireworks, the location where spectators can view the Display, and for the
inspection of discharge location for any hazards prior to and after the fireworks show.
8. Cancellation/Rescheduling by Sponsor. If the Display is cancelled by the Sponsor after receipt of this
signed Agreement, Sponsor agrees to pay 25% of the total price ($7,187.50) for restocking and costs
incurred. If the Display is cancelled by the Sponsor within 30 days of the scheduled Display date, Sponsor
agrees to pay 50% of the total price ($14,375.00). If the Display is cancelled by the Sponsor on the date
of the Display, Sponsor agrees to pay 100% of the total price ($28,750.00). By providing notice of not
less than 30 days from the original Display date, Sponsor may elect to reschedule the Display to a mutually
agreeable date. This date must be within 90 days of the original display date. Western agrees to facilitate
this rescheduling and Sponsor agrees to reimburse Western for new permits and other additional costs
associated with this change. Sponsor understands that permitting requirements, burn bans and other
factors beyond Western’s control may prohibit rescheduling of a display. If these factors prohibit the
rescheduled Display from taking place then the standard cancellation schedule applies.
9. Safety / Weather Forced Cancellation. Western agrees that it shall be the responsibility of the
pyrotechnic operator in charge, acting on Western's behalf or the Authority Having Jurisdiction, to cancel
or delay the Display if in the operator's judgment circumstances beyond the control of either Party pose
an extraordinary risk to the health and safety of any persons or property within the vicinity of the Display.
If the product has been damaged as an attempt to execute the Display and cannot be safely reused, 100%
of the price is due and Western has no further obligation under this Agreement. If the product is intact
and reusable, Western agrees to store the product and execute the Display on a mutually agreeable
future date. Sponsor agrees to reimburse Western for reasonable costs associated with the rescheduling
of the event.
10. Force Majeure. Sponsor assumes the risks of weather, strike, civil unrest, terrorism, military action,
governmental action, and any other causes beyond the control of Western which may prevent the Display
from being safely performed on the scheduled date, which may cause the cancellation of the event for
which Sponsor has purchased the Display, or which may affect or damage such portion of the Display as
must be replaced and exposed a necessary time before the Display.
11. Product Performance. Sponsor recognizes and acknowledges that due to the nature of fireworks, an
industry accepted level of 3% of the product used in any display may not function as designed and this
level of nonperformance is acceptable as full performance.
12. Time. Time is of the essence in this agreement. The Parties expressly recognize that in the performance
of their respective obligations, each Party is relying on timely performance by the other Party and will
schedule operations and incur obligations to third parties in reliance upon timely performances by the
other Party and may sustain substantial losses by reason of any failure of timely performance.
13. Independent Contractor/No Joint Venture. The Parties agree that Western is an independent
contractor, and is not an agent or employee of Sponsor for any purpose. It is further agreed that
Western's employees shall be, and remain, the employees of Western and not of Sponsor. Nothing in this
COML Council Packet 3/25/25 Page 62 of 113
PAGE 6
Agreement or the actions of Western or Sponsor shall be construed as forming a partnership or joint
venture between Sponsor and Western.
14.Attorney Fees. In the event that either Party to this Agreement shall enforce any of the provisions hereof
by any action at law or in equity, the unsuccessful Party to such litigation agrees to pay to the prevailing
Party all costs and expenses, including reasonable attorney fees, incurred therein by the prevailing Party.
15.Jurisdiction. This Agreement shall be governed in all respects, whether as to validity, construction,
capacity, performance or otherwise, by the laws of the State of Washington with the venue in Grant
County applicable to contracts.
16.Severability. In the event a court of competent jurisdiction determines that any provision of this
Agreement is in violation of any statute, law, rule, regulation, ordinance or public policy, then the
provisions of this Agreement that violate such statue, law, rule, regulation, ordinance or public policy shall
be stricken or modified to the extent that such provision no longer violates such statute, law, rule,
regulation, ordinance or public policy. All provisions of this Agreement that do not violate any statute,
law, rule, regulation, ordinance or public policy shall continue in full force and effect for all purposes.
Furthermore, any court order striking or modifying any provision of this Agreement shall modify or strike
the provision in as limited a manner as possible to give as much effect as possible to the intentions of the
Parties to this Agreement.
17.Survival.The terms of paragraphs 5, 6, 14, and 15 shall survive the cancellation or termination of this
Agreement.
18.Entire Agreement.This Agreement sets forth the entire agreement and understanding between the
Partieshereto respecting the matters within its scope and may be modified only in writing signed by both
of the Parties hereto.
The pricing and product offered in the Proposal shall remain firm if this Agreement is mutually executed by
both Parties on or before March 15, 2025.
Sponsor Western Display Fireworks, Ltd.
By: By: Brent Pavlicek
Its: Its: Co-President
Date: Date:
tern Display Fireworks, Ltd
BtPlik
ent
COML Council Packet 3/25/25 Page 63 of 113
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 26967
Brian Baltzell, Public Works
Director Public Works
3/25/2025 Consent Agenda
Accept "Luta & Virginia Street Construction" GC2024-212
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 "Luta & Virginia Street Construction" project.
Pay Estimate - Final.pdf 223.57KB
COML Council Packet 3/25/25 Page 64 of 113
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Hurst Construction LLC has completed work for the "Luta & Virginia Street Construction" project GC2024-212.
The project constructed both Luta Street and Virginia Street ~700 feet west from Grape Drive to upgrade them
from gravel streets to Community Standard streets with curb and gutter, sidewalks, and street lighting. The work
included improving the Grape Drive intersections, an added storm water retention pond, parking for Dano Park,
utility adjustments, new sewer connections to the vacant lots, and a new water service connection.
The contract work was completed in the amount of $933,924.65 (project subtotal plus sales tax) while the
original low bid amount was $798,779.80 and the Engineer's Estimate was $903,064. The final total project cost
including Engineering and inspection was $1,011,407.22 while the 2024 project budget was $986,367.
The City Council called in the covenants as to improvements for the "Luta & Virginia Street Construction" project
at the August 13, 2024, meeting with the adoption of Resolution 3989. There were 11 properties with covenants
on file with Grant County that will be benefitting from the improvements. City staff is planning to bring to the
April 8, 2025, City Council meeting the proposed final calculated amount due for each property and request
direction on the ability to offer payment plans for the property owners. City staff plans to send letters to the
affected property owners via certified mail with the calculated final amount due based upon the final project
costs with notification that it will be on the agenda at the April 8, 2025 City Council meeting.
Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law.
Options and Results
Accept the project as complete and authorize the 60-day lien period to begin.
Staff will bring back options for recommended changes.
The project won't be accepted at this time.
COML Council Packet 3/25/25 Page 65 of 113
COML Council Packet 3/25/25 Page 66 of 113
COML Council Packet 3/25/25 Page 67 of 113
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
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Madeline Prentice, Acting City Manager 26905
Brian Baltzell, Public Works
Director Public Works
3/25/2025 Consent Agenda
Santillan Extra Territorial Agreement (ETA) 2308 Westshore Dr.
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 formalize an Extra Territorial Agreement for residential sewer service
with the property owner of parcel 120168504.
Re Extraterritorial Agreement (ETA).msg 148KB
Site Map 2308 NE Westshore Dr.pdf 1.45MB
Santillan Extra Territorial Agreement.pdf 180.14KB
Javier and Brandi Santillan request approval to connect to the City's sewer system to serve a single-family
residence. The property is located outside of the current City limits and is inside the UGA as defined in the most
current Grant County Comprehensive Plan.
The septic system at 2308 NE Westshore Dr., parcel# 120168504, is failing and the property owner requests
connection to city service. The city currently has multiple ETA agreements in the immediate area.
The City will receive monthly sewer service fees for the residence long-term.
Options and Results
The City Manager is authorized to sign an Extra Territorial Agreement with the property owner.
COML Council Packet 3/25/25 Page 68 of 113
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
The property will not be authorized to connect to city services and the drain field will require repair.
COML Council Packet 3/25/25 Page 69 of 113
COML Council Packet 3/25/25 Page 70 of 113
COML Council Packet 3/25/25 Page 71 of 113
RECORD AND RETURN TO
Construction Management Program
City of Moses Lake
P. O. Box 1579
Moses Lake, WA 98837
EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT
Grantor: Javier Santillan Hernandez
Brandi Santillan Hernandez
Grantee: The City of Moses Lake, WA
Legal Desc. LOT 5 GEER SECOND SP REPLAT
Assessor’s Tax Parcel No. 120168504
1.Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a
municipal corporation of the State of Washington, located entirely within Grant County, Washington,
and Javier and Brandi Santillan Hernandez (herein Developer).
2.Recitals:
2.1 The City is the owner of a municipal water and sewer system which operates within the City
limits and adjacent to real property near Moses Lake, Washington.
2,2 Developer desires to receive water and sewer utility service from the City for use upon
Developer's real property located more than one half mile from the corporate limits of the City
and located within the City’s Urban Growth Area (UGA).
2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non -contiguous
real property which receives water and/or sewer utility services from the City be subject to an
agreement which affects the use of the real property served by the City utilities, restricts
expansion of City utility services beyond those contracted for, and creates a covenant running
with the land.
2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's
successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this
Agreement freely and voluntarily.
3.Agreement: It is agreed by and between the parties as follows:
3.1 The City will provide the water and sewer utility services listed below to Developer at the
premises stated, pursuant to the terms of this Agreement.
3.2 The real property to be serviced is located within the City’s UGA and is described per Grant
County Assessor records as:
LOT 5 GREER SECOND SP REPLAT
COML Council Packet 3/25/25 Page 72 of 113
3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be
in the nature of a covenant running with the premises. It is the intent of Developer to have this
Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant
running with the land as to the premises.
3.4 All connections to the City water system or to the City sewer system shall comply with the
ordinances and rules of the City with respect to the appropriate utility. Any connection to the
City’s water and/or sewer system is subject to payment for the utility service of a rate
established by the City which shall be subject to adjustment from time to time by the Moses
Lake City Council. The availability of the utility authorized by this Agreement i s subject to the
capacity of the City's water system.
3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered
within the City’s system. The City makes no warranty as to such water quantity or quality other
than it shall be delivered in accordance with the regulations applicable to city water systems.
3.6 The water service provided by the City is for one service connection to serve a single family
residence.
3.7 The sewer utility service provided by the City is for one service connection to serve a single
family residence.
3.8 Developer agrees and covenants that all sewer and/or water utility system components to be
built and attached to the City's utility system shall be built to City standards. The standards
applied by the City may include requiring construction in excess of that minimally required to
connect the premises to City utilities where such additional construction is consistent with a
City plan of service within the area of the premises.
3.9 Developer agrees and covenants that the premises will not be used in any manner or for any
purpose inconsistent with or contrary to the land use controls in place as those controls now
exist or as they may be from time to time altered, amended, or re-adopted. The Developer
acknowledges the premises are subject to development pursuant to regulations admi nistered
by Grant County. The Developer agrees the City may impose development conditions greater
than those imposed by Grant County, but in no event greater than those imposed for similar
development within the City’s limits, as a condition of receiving utility services under this
Agreement. The premises currently are used in a manner consistent with the existing land use
controls.
3.10 This Agreement is entered into by the City based on the utility uses identified above and the
land uses identified by the Developer for the premises. Developer or the successor holder of
the fee title to the premises shall be bound by this Agreement a nd be responsible to perform
under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use
agreement shall relieve the Developer or the Developer ’s successor in interest from
performing under this Agreement.
To continue this Agreement in effect and to continue a delivery of the identified utilities, any
successor in interest shall execute an acknowledgment of this Agreement, Covenant, and
Power of Attorney in a form approved by the City.
3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of
Attorney and subjoined Covenant respecting the annexation of the premises by the City. This
Power of Attorney is executed, as is this Agreement, by Developer with a f ull understanding
that Developer may be waiving and transferring to the City a valuable right as a landowner as
respects annexation by the City. Developer waives any objection to annexation by the City.
Developer acknowledges Developer has relied solely upon Developer's own legal counsel and
COML Council Packet 3/25/25 Page 73 of 113
fully understands the legal rights Developer is or may be surrendering to the City by the
execution of this Agreement and the subjoined Covenant and Power of Attorney.
3.12 Developer understands the delivery of utility services to these premises so long as they remain
outside the corporate limits of the city, is a discretionary act of the City and the execution of
this Agreement and performance hereunder are not intended and shall not be considered as
an indication by the City of the intention to become a general provider of utility service beyond
the terms of this contract, to these premises or any other lands located outside the corporate
limits of Moses Lake.
3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of
the City, any or all utility service provided under this Agreement by the City are, or may become
subject to, surcharges and/or increased charges in addition to the charges to similar
customers located within the corporate limits.
3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional
charges required by City ordinances to be paid for the utility services mentioned above will in
no way relieve the premises from Developer's share of any future Local Improvement District
or Utility Local Improvement District payments which may be assessed to pay all or a portion
of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe
fittings and all other appurtenances which may be installed to serve a district which includes
the premises.
3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device
of Developer's fee interest in the premises it will disclose the existence of this Agreement.
3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this
Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30)
days after notice to the Developer of the breach if the breach has not been cured.
3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the
premises become located outside the City’s UGA, this Agreement shall be deemed to have
been terminated as provided for in the provisions dealing with the term of this Agreement. The
period of termination shall begin upon the date the premises become located outside the City ’s
UGA unless the parties agree otherwise in writing.
3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null
and void if the premises are not connected to the City ’s utility system within two (2) years of
the execution of this Agreement. Except there shall be no limitation for residential properties
up to nine (9) lots from the date the commitment is given.
4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this
Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This
Agreement may be terminated by either party giving at least eightee n (18) months written notice of
termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these
entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power
of Attorney shall terminate and be of no further force or effect.
Dated: ____________________________________ Dated: _______________________________
By _______________________________________ By
Javier Santillan Hernandez Brandi Santillan Hernandez
COML Council Packet 3/25/25 Page 74 of 113
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Javier Santillan Hernandez signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Brandi Santillan Hernandez signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
Dated: _______________________________
By __________________________________
Robert Karlinsey – City Manager
Approved by Council
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Robert Karlinsey signed this instrument, on oath
stated that they were authorized to execute the instrument and acknowledged it as the Interim City
Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
Approved by City Council: May 14, 2024
COML Council Packet 3/25/25 Page 75 of 113
COVENANT RUNNING WITH THE LAND
1.Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant
running with the land affecting the entire premises described above. Such Covenant shall be
recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall
remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any
attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility
Extension Agreement shall terminate said Agreement immediately unless such cancellation,
modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire
and be of no further force or effect upon the annexation of the entire premises described in the
foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake.
2.Creation: Developer, as the owner in fee simple of the above-described premises, hereby creates a
covenant running with the land to affect and include the entire described premises. That Covenant
shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility
Extension Agreement above.
Dated: ____________________________________ Dated: _______________________________
By _______________________________________ By
Javier Santillan Hernandez Brandi Santillan Hernandez
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Javier Santillan Hernandez, signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Brandi Santillan Hernandez, signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
COML Council Packet 3/25/25 Page 76 of 113
POWER OF ATTORNEY
1.Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake,
Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and
stead for the purposes stated herein.
2.Independent Advice: Developer has executed this Power of Attorney for the purposes stated after
having a full understanding of the implications of the execution of this instrument. This Power of
Attorney is also executed after being fully advised by Developer's own counsel as to the power being
conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being
abrogated.
3.Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of
executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the
process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension
Agreement into the corporate limits of the City of Moses Lake.
4.Termination: This Power of Attorney may be revoked by Developer only upon the termination of the
forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's
City Council. The continued validity, viability, and existence of t his Power of Attorney is a prerequisite
of continued utility service delivery to the premises under the terms of the Extra Territorial Utility
Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by Developer
shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement
between Developer and the City of Moses Lake. This Power of Attorney is deemed revoked
automatically upon the annexation of the entire premises described in the foregoing Extra Territorial
Utility Extension Agreement into the corporate limits of the City of Moses Lake.
By _______________________________________ By
Javier Santillan Hernandez Date Brandi Santillan Hernandez Date
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Javier Santillan Hernandez, signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Brandi Santillan Hernandez, signed this instrument,
on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
COML Council Packet 3/25/25 Page 77 of 113
COML Council Packet 3/25/25 Page 78 of 113
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
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Madeline Prentice, Acting City Manager 26927
Brian Baltzell, Public Works
Director Public Works
3/25/2025 Consent Agenda
Extraterritorial Agreement 6398 Melby Way NE
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 authorize the City Manager to sign an Extraterritorial Agreement (ETA)
for residential water and sewer services with the property owner of parcel # 12-0683-304 to serve a ten-plex
apartment complex.
Extra-territorial Agreeement Request.pdf 122.19KB
Blank Extra Territorial Agreement.pdf 126.91KB
Alderbrook Investments Inc. request approval for ten (10) individual water and sewer connections to serve a ten-
plex apartment complex located outside of the City Limits and inside of the Urban Growth Area as defined by
the most current Grant County Comprehensive Plan. The owner will be required to sign an ETA to connect to
the City water and sewer facilities. The ETA must be in place before a permit is issued for connection to City
services. The owner would be required to use a source other than potable water for ornamental landscape
irrigation. Ornamental landscape is defined as shrubs, bushes, flowers, ground cover, turf, lawns and
agricultureal products or special landscape areas.
The City will receive water and sewer service fees for the project being served long term.
Options and Results
The City Manager can execute the Extraterritorial Agreement with the property owner.
COML Council Packet 3/25/25 Page 79 of 113
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
The property owner would not be allowed to connect to the Ctiy's utilities and would need to pursure other
options to provide water and sewer services to the property.
COML Council Packet 3/25/25 Page 80 of 113
K:\Projects\1-24-051_ Moses pointe- Alderbrook homes\Published\Extra-territorial Agreeement Request.doc
March 12, 2025
Jason Grubb
City of Moses Lake
PO Box 1579
Moses Lake, WA 98837
Subject: Extra-Territorial Agreement Request
Dear Jason:
This letter is being submitted on behalf of Alderbrook Homes to formally request that an
Extra-Territorial Agreement be prepared for the parcel described below:
Parcel Number: 120683304
Address: 6398 NE Melby Way, Moses Lake, WA 98837
Lot size: 0.89 Acres
Property Owner: Alderbrook Investments Inc.
Owner Address: 8220 Gage Blvd #742, Kennewick, WA 99336
Contact: Tyler Chase (509) 205-3242
The Developer intends to construct a 10 Unit Apartment Building with individual
water and sewer system connections via private onsite water mains.
Alderbrook Homes Inc. appreciates your time in preparing the documents and looks
forward to the opportunity to sign them.
Sincerely,
Del L. Green, PE
COML Council Packet 3/25/25 Page 81 of 113
RECORD AND RETURN TO
Construction Management Program
City of Moses Lake
P. O. Box 1579
Moses Lake, WA 98837
EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT
Grantor: Alderbrook Investments Inc.
Grantee: The City of Moses Lake, WA
Legal Desc. LOT 4 MOSES POINTE PHASE 1 BLOCK 3 FINAL PUD LESS CONDO PHASE 1
6398 NE Melby Way
Assessor’s Tax Parcel No. 120683304
1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a
municipal corporation of the State of Washington, located entirely within Grant County, Washington,
and Alderbrook Investments Inc (herein Developer).
2. Recitals:
2.1 The City is the owner of a municipal water and sewer system which operates within the City
limits and adjacent to real property near Moses Lake, Washington.
2,2 Developer desires to receive water and sewer utility service from the City for use upon
Developer's real property located more than two miles from the corporate limits of the City and
located within the City’s Urban Growth Area (UGA).
2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non-contiguous
real property which receives water and/or sewer utility services from the City be subject to an
agreement which affects the use of the real property served by the City utilities, restricts
expansion of City utility services beyond those contracted for, and creates a covenant running
with the land.
2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's
successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this
Agreement freely and voluntarily.
3. Agreement: It is agreed by and between the parties as follows:
3.1 The City will provide the water and sewer utility services listed below to Developer at the
premises stated, pursuant to the terms of this Agreement.
3.2 The real property to be serviced is located within the City ’s UGA and is described per Grant
COML Council Packet 3/25/25 Page 82 of 113
County Assessor records as:
LOT 4 MOSES POINTE PHASE 1 BLOCK 3 FINAL PUD LESS CONDO PHASE 1
3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be
in the nature of a covenant running with the premises. It is the intent of Developer to have this
Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant
running with the land as to the premises.
3.4 All connections to the City water system or to the City sewer system shall comply with the
ordinances and rules of the City with respect to the appropriate utility. Any connection to the
City’s water and/or sewer system is subject to payment for the utility service of a rate
established by the City which shall be subject to adjustment from time to time by the Moses
Lake City Council. The availability of the utility authorized by this Agreement is subject to the
capacity of the City's water system and sewer system.
3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered
within the City’s system. The City makes no warranty as to such water quantity or quality other
than it shall be delivered in accordance with the regulations applicable to city water systems.
3.6 The water service provided by the City is for ten (10) service connection to serve a ten unit
apartment building.
3.7 The water service provided by the City shall not be used for irrigation of ornamental landscape
purposes. Irrigation of ornamental landscape shall come from a source other than the potable
water supplied by the City. Ornamental landscape is defined as shrubs, bushes, flowers,
ground cover, turf, lawns, and grass planted for the purpose of improving the aesthetic
appearance of property but does not include crops or other agricultural products or special
landscape areas.
3.8 Developer agrees and covenants that all sewer and/or water utility system components to be
built and attached to the City's utility system shall be built to City standards. The standards
applied by the City may include requiring construction in excess of that minimally required to
connect the premises to City utilities where such additional construction is consistent with a
City plan of service within the area of the premises.
3.9 Developer agrees and covenants that the premises will not be used in any manner or for any
purpose inconsistent with or contrary to the land use controls in place as those controls now
exist or as they may be from time to time altered, amended, or re-adopted. The Developer
acknowledges the premises are subject to development pursuant to regulations administered
by Grant County. The Developer agrees the City may impose development conditions greater
than those imposed by Grant County, but in no event greater than those imposed for similar
development within the City’s limits, as a condition of receiving utility services under this
Agreement. The premises currently are used in a manner consistent with the existing land use
controls.
3.10 This Agreement is entered into by the City based on the utility uses identified above and the
land uses identified by the Developer for the premises. Developer or the successor holder of
the fee title to the premises shall be bound by this Agreement and be responsible to perform
under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use
agreement shall relieve the Developer or the Developer ’s successor in interest from
performing under this Agreement.
To continue this Agreement in effect and to continue a delivery of the identified utilities, any
successor in interest shall execute an acknowledgment of this Agreement, Covenant, and
Power of Attorney in a form approved by the City.
COML Council Packet 3/25/25 Page 83 of 113
3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of
Attorney and subjoined Covenant respecting the annexation of the premises by the City. This
Power of Attorney is executed, as is this Agreement, by Developer with a full understanding
that Developer may be waiving and transferring to the City a valuable right as a landowner as
respects annexation by the City. Developer waives any objection to annexation by the City.
Developer acknowledges Developer has relied solely upon Developer's own legal counsel and
fully understands the legal rights Developer is or may be surrendering to the City by the
execution of this Agreement and the subjoined Covenant and Power of Attorney.
3.12 Developer understands the delivery of utility services to these premises so long as they remain
outside the corporate limits of the city, is a discretionary act of the City and the execution of
this Agreement and performance hereunder are not intended and shall not be considered as
an indication by the City of the intention to become a general provider of utility service beyond
the terms of this contract, to these premises or any other lands located outside the corporate
limits of Moses Lake.
3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of
the City, any or all utility service provided under this Agreement by the City are, or may become
subject to, surcharges and/or increased charges in addition to the charges to similar
customers located within the corporate limits.
3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional
charges required by City ordinances to be paid for the utility services mentioned above will in
no way relieve the premises from Developer's share of any future Local Improvement District
or Utility Local Improvement District payments which may be assessed to pay all or a portion
of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe
fittings and all other appurtenances which may be installed to serve a district which includes
the premises.
3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device
of Developer's fee interest in the premises it will disclose the existence of this Agreement.
3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this
Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30)
days after notice to the Developer of the breach if the breach has not been cured.
3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the
premises become located outside the City ’s UGA, this Agreement shall be deemed to have
been terminated as provided for in the provisions dealing with the term of this Agreement. The
period of termination shall begin upon the date the premises become located outside the City ’s
UGA unless the parties agree otherwise in writing.
3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null
and void if the premises are not connected to the City ’s utility system within two (2) years of
the execution of this Agreement. Except there shall be no limitation for residential properties
up to nine (9) lots from the date the commitment is given.
4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this
Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This
Agreement may be terminated by either party giving at least eighteen (18) months written notice of
termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these
entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power
of Attorney shall terminate and be of no further force or effect.
COML Council Packet 3/25/25 Page 84 of 113
Dated: ____________________________________
By _______________________________________
Eric Keskitalo
State of ____________
County of ___________
I certify that I know or have satisfactory evidence that Eric Keskitalo signed this instrument, and on oath
stated that he/she was authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
Dated: _______________________________
By __________________________________
Robert Karlinsey-City Manager
Approved by Council____________________
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Robert Karlinsey signed this instrument, on oath
stated that they were authorized to execute the instrument and acknowledged it as the City Manager of the
City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
Approved by City Council: _____________________
COML Council Packet 3/25/25 Page 85 of 113
COVENANT RUNNING WITH THE LAND
1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant
running with the land affecting the entire premises described above. Such Covenant shall be
recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall
remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any
attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility
Extension Agreement shall terminate said Agreement immediately unless such cancellation,
modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire
and be of no further force or effect upon the annexation of the entire premises described in the
foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake.
2. Creation: Developer, as the owner in fee simple of the above-described premises, hereby creates a
covenant running with the land to affect and include the entire described premises. That Covenant
shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility
Extension Agreement above.
Dated: ____________________________________
By _______________________________________
Eric Keskitalo
State of ____________
County of ___________
I certify that I know or have satisfactory evidence that Eric Keskitalo signed this instrument, and on oath
stated that he/she was authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
COML Council Packet 3/25/25 Page 86 of 113
POWER OF ATTORNEY
1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake,
Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and
stead for the purposes stated herein.
2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after
having a full understanding of the implications of the execution of this instrument. This Power of
Attorney is also executed after being fully advised by Developer's own counsel as to the power being
conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being
abrogated.
3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of
executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the
process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension
Agreement into the corporate limits of the City of Moses Lake.
4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the
forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's
City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite
of continued utility service delivery to the premises under the terms of the Extra Territorial Utility
Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by Developer
shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement
between Developer and the City of Moses Lake. This Power of Attorney is deemed revoked
automatically upon the annexation of the entire premises described in the foregoing Extra Territorial
Utility Extension Agreement into the corporate limits of the City of Moses Lake.
By _______________________________________
Eric Keskitalo Date
State of _____________
County of ____________
I certify that I know or have satisfactory evidence that Eric Keskitalo signed this instrument, and on oath
stated that he/she was authorized to execute the instrument and acknowledged it to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
COML Council Packet 3/25/25 Page 87 of 113
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 26911
Vivian Ramsey, Interim Com.
Dev. Director Community Development
3/25/2025 New Business
Removal of Graffiti Code Chapter 8.16
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 remove graffiti code chapter 8.16 from the municipal code.
Chapter 8.16 Moses Lake Municipal Code.pdf 49.8KB
COML Council Packet 3/25/25 Page 88 of 113
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Code Enforcement is requesting the removal of the graffiti code found in chapter 8.16, of the municipal code.
Code Enforcement will continue to utilize graffiti code, found in chapter 8.14.030.DD., which states the
following,
Graffiti 8.14.030.DD. -The existence of graffiti, which is defined as a defacing, damaging, or destructive
inscription, figure or design painted, drawn or the like, on the exterior of any building, fence, gate, or other
structures or on rocks, bridges, trees, or other real or personal property.
Code Enforcement requests the removal of Chapter 8.16 for the following reasons,
1. Chapter 8.16 – too short of a clean-up time frame, which is 72 hours in chapter 8.16. (The only option for
longer considerations will be weather related).
2. Chapter 8.16 - automatically refers the citizen to an appeal process to include a hearing after issuance of a
Notice of Graffiti and infraction vs. having an opportunity of more time for the clean-up without penalties being
assessed.
2. Chapter 8.16 – further victimizes the citizen due to automatic penalties being in place If the graffiti is not
cleaned up within 72 hours. Citizens are already victims of the crime of graffiti, and this will only anger the
citizens regarding the clean-up and timeframe to complete the clean-up.
Under the new code Chapter 8.16, code enforcement feels a 72-hour time frame for clean-up can prove to be
too hasty due to a multitude of reasons for the citizens. Ample time is needed for the citizens to coordinate
finances, the ability to attain supplies, consider time for the removal of the graffiti, and considerations for
physical ability to remove the graffiti. And, under this code, if the graffiti is not cleaned up within the 72-hour
time frame, then monetary penalties are to be assessed and issued. And, with the monetary penalties being
issued, we feel this further victimizes the citizen.
Under Chapter 8.14, we have the latitude to have verbal communications to explain the importance of removing
graffiti. If this method does not work, we will issue a 10-day notification letter, and if necessary, we will send a
14-day notification letter. We do have a high success rate communicating with the citizens and explaining the
importance of getting the graffiti removed quickly. Citizens have commented back to Code Enforcement that
they appreciate the verbal communication vs automatically going to a penalty phase for a crime they are not
responsible for committing nor controlling as to when and where it happens.
Code Enforcement continues to educate the citizens and provides them with information on obtaining
discounted paint and possible supplies at selected stores.
Code Enforcement
Removal of graffiti code.
Options and Results
Authorize.
Staff will bring back options for recommended changes.
0
COML Council Packet 3/25/25 Page 89 of 113
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COML Council Packet 3/25/25 Page 92 of 113
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COML Council Packet 3/25/25 Page 93 of 113
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COML Council Packet 3/25/25 Page 94 of 113
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COML Council Packet 3/25/25 Page 95 of 113
COML Council Packet 3/25/25 Page 96 of 113
COML Council Packet 3/25/25 Page 97 of 113
Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope-City of Moses Lake)
Page 1 of 8
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2025
RECORDING FEE SURCHARGE DISTRIBUTION AGREEMENT
THIS AGREEMENT, between Grant County (“COUNTY”), the Housing Authority of
Grant County, New Hope Domestic Violence and Sexual Assault Services, and the City of Moses
Lake hereinafter “GRANTEES,” is for the sole purpose of distributing funds under RCW
36.22.250(3)(b) obtained by the COUNTY as a result of RCW 36.22.250(1), (2)(b).
The COUNTY hereby appoints and GRANTEES hereby accept that the Grant County
Auditor, as the COUNTY’s designee, will distribute funds obtained by the COUNTY through the
additional recording fee surcharge pursuant to RCW 36.22.250, to support the efforts of
GRANTEES in operating and maintaining in certain homeless housing and assistance programs.
The COUNTY and GRANTEES mutually agree that:
A. USE OF FUNDS
GRANTEES shall use the funds distributed under this Agreement only as described herein.
B. PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance under this Agreement shall be January
1, 2025, to December 31, 2025, unless terminated as provided herein.
C. ALLOCATION OF FUNDS
1. The COUNTY shall allocate funds, under RCW 36.22.250(3)(b) received as a result of
RCW 36.22.250(1), (2)(b) to GRANTEES based on the following distribution formula:
a. Twenty-three (23%) to New Hope Domestic Violence and Sexual Assault
Services; and
b. Fifty-four (54%) to Housing Authority of Grant County; and
c. Twenty-three percent (23%) to the City of Moses Lake.
2. Funds will be distributed at least once each quarter based on the amount of funds
received by the COUNTY the previous quarter.
COML Council Packet 3/25/25 Page 98 of 113
Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope-City of Moses Lake)
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D. STANDARDS FOR FISCAL ACCOUNTABILITY
GRANTEES agree to maintain books, records, documents, reports, accounting procedures and
practices which accurately reflect all direct and indirect expenditures of revenues received pursuant
to this Agreement. Such books and other documents specified above shall be maintained in a
manner consistent with generally accepted accounting principles (GAAP). GRANTEES shall
retain the books, documents and other items specified for a period of six (6) years after expiration
or termination of this Agreement. The COUNTY shall have the right to copies of same upon
reasonable notice.
GRANTEES’ fiscal management systems shall:
1. Provide accurate, current and complete disclosure of the amounts received and
expended pursuant to this Agreement; and,
2. Document the specific use of the funds.
All books, records, documents, reports and other data pertaining to the performance of this
Agreement shall be subject at all reasonable times to inspection, review, or audit by COUNTY
personnel, and others authorized by law.
E. REQUIRED REPORTS
GRANTEES shall provide a written report within ninety (90) days of the end of each calendar year
to the Board of County Commissioners, describing the specific use of the funds and the benefit to
Grant County residents and visitors.
F. NONDISCRIMINATION IN EMPLOYMENT
During the performance of this Agreement, GRANTEES shall comply with all Federal and State
laws, rules, and regulations, with regard to nondiscrimination in employment.
G. NONDISCRIMINATION IN CONSUMER SERVICES
GRANTEES shall not, on the grounds of race, color, sex, religion, national origin, creed, marital
status, age or the presence of any sensory, mental or physical handicap:
1. Deny any individual any services provided under this Agreement.
2. Subject an individual to segregation or separate treatment in any matter related to
his/her receipt of any services provided under this Agreement.
3. Deny any individual an opportunity to participate in any program provided by this
Agreement. This Agreement, in determining (1) type of service to be provided, (2) the
class of individuals to whom, or the situation in which, such services will be provided
or (3) the class of individuals to be afforded an opportunity to participate in any
COML Council Packet 3/25/25 Page 99 of 113
Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope-City of Moses Lake)
Page 3 of 8
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services, will not utilize criteria or methods of administration which have the effect of
subjecting individuals to discrimination because of their race, color, sex, religion,
national origin, creed, marital status, age or presence of a sensory, mental or physical
handicap.
H. PROVIDING FOR AN AUTHORIZING PROGRAM EVALUATION
GRANTEES shall provide the COUNTY or COUNTY authorized personnel, upon reasonable
request, such program and fiscal data the COUNTY may reasonably be required to evaluate the
performance of the Agreement. GRANTEES authorize the COUNTY to perform on-site program
evaluations as needed to assure Agreement compliance.
I. INDEMNIFICATION
GRANTEES shall protect, defend, and hold harmless the COUNTY and its officers, officials, and
employees from and against all claims, suits, and actions arising from negligent acts, gross
negligence, or intentional acts or omissions of GRANTEES or their officers, officials or
employees, in the performance of their Agreement.
GRANTEES further agree that they are financially liable for any audit exceptions, which occur
due to their negligence, gross negligence or intentional acts or omissions or failure to comply with
the terms of this Agreement, RCW 36.22.250, or other applicable local, State or Federal laws, rules
or regulations.
Without limiting this indemnification, it is agreed that GRANTEES shall maintain, at all times
during the performance of this Agreement, a policy or policies of insurance covering their
operations. GRANTEES shall maintain continuously public liability insurance with limits or
liability not less than:
- Five Hundred Thousand and No/100 Dollars ($500,000.00) each occurrence
liability; and
- A per general aggregate limit of One Million and No/100 Dollars
($1,000,000.00).
GRANTEES shall provide sufficient written documentation to the COUNTY of the
aforementioned insurance coverage within seventy-two (72) hours of the last party affixing its
signature to the Agreement. GRANTEES shall provide sufficient written documentation to the
COUNTY of the aforementioned insurance coverage on an annual basis, by January 15th of each
subsequent year the Agreement is in effect.
In lieu of the insurance requirements set forth in this Section I, GRANTEES may self-insure
against such risks in such amounts as are consistent with good utility practice and the per
occurrence minimum of $500,000.00. GRANTEES shall provide the COUNTY with a self-
insurance letter as evidence that GRANTEES maintains a self-insurance program.
COML Council Packet 3/25/25 Page 100 of 113
Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope-City of Moses Lake)
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J. TERMINATION
1. The COUNTY reserves the right to terminate this Agreement, in whole or in part, with
thirty (30) days written notice in the event expected or actual funding is withdrawn,
reduced, or limited in any way after the effective date of this Agreement, prior to
normal completion thereof.
2. In the event of termination under this clause, the COUNTY shall be liable only for
payment in accordance with the terms of the Agreement, prior to the effective date of
termination.
3. The terms and conditions contained in this Agreement shall remain in full force and
effect until and unless specifically terminated or modified by mutual consent of the
parties.
4. If the GRANTEES breach any of its obligations hereunder and fails to cure the breach
within ten (10) days of written notice to do so by the COUNTY, the COUNTY may
terminate this Agreement.
K. TERMINATION FOR DEFAULT
The COUNTY may, by written notice, terminate this Agreement in whole or in part, for substantial
breach by any one of GRANTEES of any one of its duties under this Agreement.
L. ORDER OF PRECEDENCE
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, rules and regulations;
2. The terms and conditions of this Agreement, and;
3. Any other provision of the Agreement whether incorporated by reference or otherwise.
M. ALL WRITING CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the parties hereto.
N. MODIFICATION.
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No change or additions to this Agreement shall be valid or binding upon either party unless such
change or addition is in writing, executed by both parties.
O. TIME IS OF THE ESSENCE
Time is of the essence in each and every provision of this Agreement.
P. WAIVER
The failure of the COUNTY to insist on a strict performance of any of the terms and conditions
hereof shall be deemed a waiver of the rights or remedies that the COUNTY may have regarding
that specific instance only, and shall not be deemed a waiver of any subsequent breach or default
in any terms and conditions.
Q. NOTICE
Any notice required to be given any party to another shall be deposited in the United States mail,
postage prepaid, addressed to:
The COUNTY; Administrative Services Coordinator
Grant County Board of Commissioners' Office
P.O. Box 37
Ephrata, Washington, 98823-0037;
To GRANTEES: (1) Housing Authority of Grant County
1139 Larsen Blvd.
Moses Lake, Washington, 98837;
(2) Suzi Fode, Director
New Hope Domestic Violence and Sexual Assault Services
311 W. Third Avenue
Moses Lake, Washington, 98837;
(3) City of Moses Lake
P.O. Box 1579
Moses Lake, Washington 98837
or at such other addresses as each party may designate to the other in writing from time to time.
All notices to be given with respect to this Agreement shall be in writing. Every notice shall be
deemed to have been given at the time it shall be deposited in the United State mails in the manner
prescribed herein. Nothing contained herein shall be construed to preclude personal service of any
notice in the manner prescribed for personal service of a summons or other legal process.
R. DISPUTE RESOLUTION
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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 hearing. The parties shall select a dispute resolution team to resolve the dispute. The team
shall consist of a representative appointed by the COUNTY, a representative appointed by
GRANTEES, and a third party mutually agreed upon by both parties. The resolution team shall
attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall
function in a timely manner and shall precede any action in a judicial or quasi-judicial tribunal
with jurisdiction.
S. ASSIGNMENT
Neither the GRANTEES nor its successors or assigns shall assign this Agreement. This Agreement
shall not be assignable by operation of law.
T. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
U. INVALIDITY
Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way
affect, impair or invalidate any of the other provisions hereof and such other provisions shall
remain in full force and effect despite such invalidity or illegality.
DATED the day of , 20 .
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Cindy Carter, Chair
Kevin Burgess, Vice-Chair
Rob Jones, Member
COML Council Packet 3/25/25 Page 103 of 113
ATTEST:
Barbara J. Vasquez, Clerk of the Board
Date:
Rebekah Ka or, WSBA No. 53257
Chief Civil Deputy Prosecuting Attorney
NEW HOPE DOMESTIC VIOLENCE AND
SEXUAL ASSAULT SERVICES
Suzi Fode, Director
Date:
HOUSING AUTHORITY OF GRANT COUNTY
Carol Anderson, Executive Director
Date:
CITY OF MOSES LAKE
Rob Karlinsey, City Manager
Date:
COML Council Packet 3/25/25 Page 104 of 113
Recording Fee Surcharge Distribution Agreement Part #2 (HAGC-New Hope-City of Moses Lake)
Page 7 of7
N:\StafflASC Files\Recording Fees\2024 Agreement\2025 Recording Fee Surcharge Agreement - City of Moses Lake TEMPLATE.doc- Moses Lake
COML Council Packet 3/25/25 Page 105 of 113
Water conservation cases are created when utility customers are not
following the Water Conservation Restrictions outlined in MLMC 13.07.010.
on the wrong day,
and/or on Monday,
and/or between 10 am and 7 pm =
Source: City Works Water Conservation Statistics Internal Dashboard3.17.2025 LR
COML Council Packet 3/25/25 Page 106 of 113
Administrative planning document only. Today's Date:3/25/2025
All items are tentative and subject to constant change.
Apr 8 due dates: Attorney 3/25, Director 3/31, City Manager 4/2. Std PH Notices for Apr 22 are due Apr 2.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
Tue, Mar 25 Study Session Grant Transit Authority Presentation - Eric Loomis, General Manager
6:00 PM ""Municipal Airport Commission -Qrtly Update - Darrin Jackson, Chair Baltzell
Mayor LTAC Hotelier Appointment - Paramjeet Brar Motion Coutts
Consent 1 c Water Park and General Parks Concession Agreements <motion>Coutts done
""d Group 14 Industrial Discharge Permit Date Correction <motion>Baltzell done
"e Fire Works Agreement <motion>Coutts done
"f Accept "Luta & Virginia St. Construction" GC2024-212 <motion>Baltzell done
New Business 2 Santillan Extra Territorial Agreement 2308 Westshore Dr Motion Baltzell done
""3 Extra Territorial Agreement 6398 Melby Way NE Motion Baltzell done
""4 Graffiti Regulations Update 1st Pres Ramsey done
""5 Grant County Recording Fee Annual Agreement Motion Ramsey done
Admin pg Water Conservation Statistics Baltzell
Admin pg Pickleball Court Update Coutts
Tue, Apr 8 Presentation Police Awards Sands
6:30 PM Mayor Kiwanis Mayor's Prayer Breakfast (solicit attendance)(recur)
City Manager
Consent Accept Lakemont Planned Development Deeds <motion>Ramsey
""DNR Wetland Protection Contract <motion>Ganz
""Simplot Rope Rescue Contract <motion>Ganz
""Accept Improvements Maple Landing Division 2 Res xxxx <motion>Baltzell
Old Business Graffiti Regulations Ordinance xxxx <motion>Ramsey
New Business Lakeside Disposal Contract Renewal 1st Pres Prentice
""Water General Plan Update 1st Pres Baltzell
Admin Concession Permit Update for Sponsorships Coutts
<potential study session on ETA policy April 15>
Tue, Apr 22 Presentation Moses Lake Community Coalition 1st Quarter Report Coutts (recur)
6:30 PM Mayor Yonezawa Japan Sister City Proclamation (treaty signed May 1, 1981)(recur)
City Manager Council Candidate Forum Date (Odd Years)Karlinsey (recur)
""pg 1st Quarter Financial Report Prentice (recur)
Consent Award Seal Coat Project <motion>Baltzell (recur)
COML Council Packet 3/25/25 Page 107 of 113
Administrative planning document only. Today's Date:3/25/2025
All items are tentative and subject to constant change.
Apr 8 due dates: Attorney 3/25, Director 3/31, City Manager 4/2. Std PH Notices for Apr 22 are due Apr 2.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
Old Business Water General Plan Update (Prior to W/S Rate Study)Motion Baltzell
New Business Comprehensive Plan Amendment Docket Motion Ramsey
""AFSCME Contract Motion Springer
Old Business
New Business Unified Development Code Update 1st Pres Ramsey
Thurs, Jun 26, 4-5:45 P AWC Annual Business Meeting - Voting Delegates (up to 3) Designation Due June xx, 2025 (recur)
Tue, Jul 8 Presentation
6:30 PM Mayor
City Manager pg Budget Guidelines Memo (included in packet)Prentice (recur)
Consent
Old Business Water Conservation Education Data Discussion Baltzell (WRC)
New Business Unified Development Code Title 15 Amendment Ord xxxx Motion Ramsey
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
Tue, Aug 12 Presentation DMLA Main St Tax Annual Report - Mallory Miller, Executive Director (recur)
6:30 PM Mayor
COML Council Packet 3/25/25 Page 108 of 113
Administrative planning document only. Today's Date:3/25/2025
All items are tentative and subject to constant change.
Apr 8 due dates: Attorney 3/25, Director 3/31, City Manager 4/2. Std PH Notices for Apr 22 are due Apr 2.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
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 Execu (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
Admin
COML Council Packet 3/25/25 Page 109 of 113
Administrative planning document only. Today's Date:3/25/2025
All items are tentative and subject to constant change.
Apr 8 due dates: Attorney 3/25, Director 3/31, City Manager 4/2. Std PH Notices for Apr 22 are due Apr 2.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
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 Karlinsey (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 Rat 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)
Consent
Old Business
New Business Lodging Tax Application Approvals Motion Coutts (recur)
COML Council Packet 3/25/25 Page 110 of 113
Administrative planning document only. Today's Date:3/25/2025
All items are tentative and subject to constant change.
Apr 8 due dates: Attorney 3/25, Director 3/31, City Manager 4/2. Std PH Notices for Apr 22 are due Apr 2.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
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 Karlinsey (recur)
PH Cont'd 2026 Budget Ordinance xxxx - Public Hearing 2 of 2 Motion Prentice (recur)
Consent Grant County Health District Contract 2025 Motion Karlinsey (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)
""Grant County Recording Fee Annual Agreement Motion Ramsey (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)
Tue, Dec 9 Presentation
6:30 PM Mayor Appoint x LTAC, x Parks, x Planning et al Motion Karlinsey (recur)
COML Council Packet 3/25/25 Page 111 of 113
Administrative planning document only. Today's Date:3/25/2025
All items are tentative and subject to constant change.
Apr 8 due dates: Attorney 3/25, Director 3/31, City Manager 4/2. Std PH Notices for Apr 22 are due Apr 2.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
""Reappoint x LTAC, x Parks, x Planning et al Motion Karlinsey (recur)
""Appoint/Reappoint GTA Boardmember and Alternate Motion Karlinsey (recur)
""Council Member <name> Recognition Haglund Email saved in draf (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 co
Spring '25 Presentation Mary Cunnington Recognition Proclamation Mayor Swartz and Former Mayor Liebrecht
Presentation Yonezawa-SR-17 Roundabout Construction Funding - Design Engineer Levi Bisnett
Mayor Semi quincentennial Commemoration Proclamation Museum and Tourism
Mayor Planning Commission Appointment Motion Ramsey
Public Hearing 2of2 Western Ave Vacate Ordinance xxxx Motion Ramsey
Consent Amend STBG Grant for Yonezawa Round-a-bout <motion>Baltzell LR-LB
Consent Moses Point Development Agreement (reservoir) Ord xxxx <motion>City Manager
Consent 1of2 Set Western Ave Vacate Public Hearing Res xxxx <motion>Ramsey start 3/7
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)
Old Bus Employee Handbook Update Resolution xxxx Motion Springer (recur)
New Bus/Old Bus Airport Operations Manual Update 1st Pres/Mot Baltzell
New Bus Airport Property Owner Access Agreement (Through the Fence)Motion Baltzell
New Bus/Old Bus Building Permit Recovery Fund Ordinance 1st Pres/Mot Ramsey
New Bus/Old Bus Employee Handbook Update Resolution 1st Pres/Mot Springer (recur)
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 Com
COML Council Packet 3/25/25 Page 112 of 113
Administrative planning document only. Today's Date:3/25/2025
All items are tentative and subject to constant change.
Apr 8 due dates: Attorney 3/25, Director 3/31, City Manager 4/2. Std PH Notices for Apr 22 are due Apr 2.
Date/Time Proceeding Agenda Subject Action Director LF Status
City of Moses Lake Agenda Topics - 2025
#/ltr/pg
New Bus New Cingular Lease Amendment Motion Baltzell
New Bus Write-off Uncollectible Accounts Authorization Ord or Res Motion Prentice
Jul 1st mtg:Old Bus Water Conservation Education Data Discussion Baltzell
COML Council Packet 3/25/25 Page 113 of 113