City Council Meetings

Moses 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, July 9, 2024 Moses Lake Civic Center – 401 S. Balsam or remote access* 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 - Reschedule Development Code Public Hearing Additional Business City Manager’s Report #1 Consent Agenda pg 3 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. Claims and Payroll b. Award Luta & Virginia St Construction c. Longview and Sun Terrace Parks Grant Resolution 3985 d. Industrial Waste Discharge Permit No. 5 e. Laguna Park Short Plat Developer Agreement Amendment f. Accept Crack Seal Project GC2023-188 g. Maple Landing Bond Extension for Park Improvements (addendum to packet Mon, 7/8) Old Business - None scheduled COML Council Packet 7-5-24, Page 1 of 32 July 9, 2024, City Council Meeting Page 2 New Business - None scheduled Administrative Reports - Red, White, and Boom Event Recap - Crime Statistics - Banking Services Contract Update Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for July 23, 2024 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: 291 412 127 579 Passcode: vUPjux Or #2 MS Teams by phone (audio only) +1 509-707-9401,,446440650# United States, Spokane Or #3 Youtube Live https://www.youtube.com/@MosesLakeCityCouncil/streams ** In person Citizen Comment or Public Hearing Comments form needs to be turned in prior to 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 7-5-24, Page 2 of 32 Council Staff Report To: Agenda Item Number: Mike Jackson, Interim City Manager 18436 From Department Madeline Prentice, Director Finance For Agenda of: Proceeding Type 7/9/2024 Consent Agenda Subject Disbursement report since June 25, 2024 Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services Expenditure Required: Amount Budgeted: Appropriation Required: $ 2,027,176.52 $ 2,027,176.52 $ 0.00 Action Requested Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments. Electronic Transfer: N/A Checks: 165966 - 166155 - $1,325,858.64 Payroll Checks: 06-21-2024 PR, #66249 - 66286 - $16,423.45 Electronic Payments: 06-21-2024 Direct Deposit: - $684,894.43 Packet Attachments (if any) Vouchers - 07.09.2024.pdf 125.06KB COML Council Packet 7-5-24, Page 3 of 32 Overview RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body had adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. Fiscal and Policy Implications To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City's internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in place. Options and Results Approve, Authorize, or Adopt: Approve Provide Amended Direction: N/A No Action Taken: Staff would recognize claims as receivables and pursue collections. COML Council Packet 7-5-24, Page 4 of 32  City of Moses Lake Tabulation of Claims Paid-Summary by Fund Council Meeting Date- 07/09/2024 TOTALS BY FUND: Est. Fund Bal. Est. Fund Bal. FUND NO FUND NAME 6/30/2024 AMOUNT 7/9/2024 001 GENERAL FUND 14,673,804 194,252.39 14,479,552 102 TOURISM 1,747,055 13,750.00 1,733,305 103 GRANTS AND DONATIONS 1,093,069 42,949.32 1,050,120 105 ARPA 3,381,602 - 3,381,602 110 HOMELESS SERVICES 261,683 5,701.67 255,981 111 OPIOID ABATEMENT 262,235 - 262,235 112 PUBLIC ARTS FUND 49,824 49,824 114 PATHS/TRAILS 93,889 - 93,889 116 STREET 904,422 3,105.83 901,316 119 STREET REPR/RECON 4,494,496 97,863.90 4,396,632 170 TRANSPORTATION BENEFIT DISTRICT 1,516,391 - 1,516,391 282 LOCAL BORROWING 984,872 - 984,872 286 REFUNDING GO BONDS 2015 184,667 - 184,667 314 PARK & RECREATION IMPROVEMENTS 659,517 - 659,517 315 PARK MITIGATION CAPITAL PROJECTS 330 - 330 316 COMMUNITY SERVICES CENTER - - - 320 FIRE MITIGATION FUND 795,045 - 795,045 322 WATER REMIDIATION 1,596,633 2,407.40 1,594,225 410 WATER/WASTEWATER 7,952,171 61,381.00 7,890,790 450 2011 BOND FUND 10,304 - 10,304 451 2011 BOND FUND - RESERVE 538,350 - 538,350 452 2004 BOND FUND 5,792 - 5,792 453 2004 BOND FUND - RESERVE 701,500 - 701,500 471 WATER RIGHTS 1,578,642 - 1,578,642 477 WATER SEWER CONSTRUCTION 4,643,553 461,857.00 4,181,696 485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196 487 2015 GO BONDS REDEMPTION 9,471 - 9,471 490 SANITATION 2,615,300 386,700.77 2,228,599 493 STORM WATER 879,854 1,141.93 878,712 495 AIRPORT 79,090 - 79,090 498 AMBULANCE 738,075 11,035.35 727,040 501 UNEMPLOYMENT COMPENSATION INSURANCE 152,904 - 152,904 503 SELF-INSURANCE 279,665 - 279,665 517 CENTRAL SERVICES 701,089 668.78 700,420 519 EQUIPMENT RENTAL 2,385,818 20,249.48 2,365,568 528 BUILDING MAINTENANCE 2,147,593 6,971.79 2,140,621 611 FIRE PENSION 493,592 1,511.83 492,080 623 DEPOSIT 1,155,391 14,310.20 1,141,081 631 STATE 14,117 - 14,117 TOTAL $ 59,801,999 $ 1,325,858.64 $ 58,476,140 COML Council Packet 7-5-24, Page 5 of 32  City of Moses Lake Checks Issued with Summary Description For July 9th, 2024 Council Meeting Check Name Check Amount Check Date Invoice Description 165966 Alberto Chavez 250.00 06/20/2024 2024 Union Boot Reimbursement 165967 Carlos Castillo 93.15 06/20/2024 Gas Reimbursement 165968 Dominic Lieggi 150.00 06/20/2024 2024 Boot Reimbursement 165969 El Charro Birrieria LLC 85.00 06/20/2024 City Endorsement Withdrawn 165970 Farmland Florals 85.00 06/20/2024 City Endorsement Withdrawn- Exempt 165971 Grace DeBeaumont 239.13 06/20/2024 Insurance Paid on Claim 165972 Integrated Underwater Services LLC 1,779.58 06/20/2024 Retainage Held on Project 165973 James McEachran 150.00 06/20/2024 CDL Physical Reimbursement 165974 James Workman 162.74 06/20/2024 2024 Union Boot Reimbursement 165975 James Workman 150.00 06/20/2024 CDL Physical Reimbursement 165976 Kyle McCain 54.51 06/20/2024 Purchase Reimbursement 165977 Lakeside Disposal, Inc 318,168.75 06/20/2024 Haul Contract Payment May 2024 165978 Lee Willis 133.00 06/20/2024 CDL Physical Reimbursement 165979 Lee Willis 150.00 06/20/2024 Union Boot Reimbursement 165980 Lengco Construction 97,630.02 06/20/2024 Developer Agreement Reimbursement 165981 Nancy Hanson 2,800.00 06/20/2024 Summer Concert Series 165982 Nicholas Metcalf 72.73 06/20/2024 Purchase Reimbursement 165983 Randy Albrandt 50.00 06/20/2024 Overpaid on Claim 165984 Roger Thornton 150.00 06/20/2024 CDL Physical Reimbursement 165985 Roger Thornton 173.58 06/20/2024 Union Boot Reimbursement 165986 Washington State Treasurer 375.18 06/20/2024 JIS State Remittance 5.31.24 165987 A & H Printers Inc 74.87 06/20/2024 Business Cards 165988 Abc Hydraulics 28.05 06/20/2024 Dot Tubing 165989 Ag Supply Ace Hardware 55.38 06/20/2024 Pool Supplies 165990 Als Glass Service Inc 390.53 06/20/2024 Windshield Installation 165991 Amazon Capital Services, Inc. 1,432.67 06/20/2024 May24 Amazon 165992 Anatek Labs, Inc. 780.00 06/20/2024 Sample Testing 165993 Aquatic Specialty Services Inc 2,872.59 06/20/2024 Lazy River Pump Replacement 165994 AT&T Mobility II, LLC 4,889.52 06/20/2024 May24 First Responder Lines 165995 Automated Ag Systems 976.50 06/20/2024 Barricade Storage Rack Coatings 165996 Badger Meters Inc 447,106.15 06/20/2024 Meter Parts-End Cap Project 165997 Barbara Nickerson 47.60 06/20/2024 Museum Consignment Sales 165998 Basin Propane LLC 34.18 06/20/2024 Propane 165999 Battery Systems Inc 143.24 06/20/2024 CB645-F1 Battery 166000 Benjamin Schober 82.60 06/20/2024 Museum Consignment Sales 166001 Bethany Rose Iverson 62.30 06/20/2024 Museum Consignment Sales 166002 Bethany White 31.50 06/20/2024 Museum Consignment Sales 166003 Bud Clary Ford LLC 159.66 06/20/2024 Equipment Parts 166004 Christian Olson 44.80 06/20/2024 Museum Consignment Sales 166005 City Of Spokane 120.37 06/20/2024 Evidence Burn Fee 166006 Cobies Fine Dry Cleaning 286.70 06/20/2024 May Dry Cleaning 166007 Columbia Basin Herald 233.88 06/20/2024 Advertising 166008 Confluence Health 100.00 06/20/2024 A. Flores Vaccine 166009 Correct Equipment 3,934.21 06/20/2024 Dwyer Transmitter 166010 Databar Inc 1,501.10 06/20/2024 Utility Billing Invoices COML Council Packet 7-5-24, Page 6 of 32 Check Name Check Amount Check Date Invoice Description 166011 Day Wireless Systems 403.62 06/20/2024 Radio Repair 166012 Deborah Goodrich Chittenden 48.30 06/20/2024 Museum Consignment Sales 166013 Dr Lou Sowers 700.00 06/20/2024 Ellinger-Keith Preemployment Testing 166014 EMS Connect, LLC 388.50 06/20/2024 EMS Subscription 166015 Evergreen StormH2O 898.50 06/20/2024 Stormwater Comp Plan 166016 Faber Industrial Supply 1,022.62 06/20/2024 Misc. Parts/Supplies 166017 Farallon Inc 2,407.40 06/20/2024 Water Remediation Services 166018 Fastenal Company 199.59 06/20/2024 Shop Supplies 166019 Galls LLC 434.48 06/20/2024 Uniform 166020 General Fire Apparatus Inc 105.32 06/20/2024 Repair and Maintenance of Hoses 166021 Grant Co Solid Waste 68,532.02 06/20/2024 Landfill Dumping Fees 166022 Hach Company 248.52 06/20/2024 Reagent Set 166023 Home Depot Credit Services 405.32 06/20/2024 May Statement 2024 166024 Home Depot Pro (Supplyworks) 33.10 06/20/2024 Re-Bill for Taxes - INV 800988719 166025 IAFF #1258/Disab Ins 2,392.79 06/20/2024 Fire Disability 166026 IAFF #1258/Disab Ins 2,392.79 06/20/2024 Fire Union Disability June 166027 IAFF Local 1258 6,670.00 06/20/2024 Fire Union Dues 166028 Inland Pipe & Supply Company 253.47 06/20/2024 Maintenance Supplies 166029 Jerrys Auto Supply 421.45 06/20/2024 Equipment Parts 166030 John Peterson 42.00 06/20/2024 Museum Consignment Loss/Shrinkage 166031 K&N an Impel Company 7,185.09 06/20/2024 Diagnose & Repair: Motor 166032 Kassandra Wiggum 56.00 06/20/2024 Museum Consignment Sales 166033 Kathleen Parr 49.00 06/20/2024 Museum Consignment Sales 166034 Keller Associates 14,750.85 06/20/2024 COF Raw Waste Upgrade 166035 Kelley Create 382.79 06/20/2024 Equipment Contract Fees 166036 Kent D. Bruce Co LLC 876.21 06/20/2024 Antennas 166037 Laurie Riskin 1,532.57 06/20/2024 Museum Consignment Sales 166038 Life -Assist, Inc. 2,821.65 06/20/2024 Medical Supplies 166039 Life Flight Network 62.50 06/20/2024 Garza New Hire 166040 Loveta Boyce 45.50 06/20/2024 Museum Consignment Sales 166041 Lowes 3,816.83 06/20/2024 April Statement 2024 166042 Marsha Baerlocher 26.60 06/20/2024 Museum Consignment Sales 166043 Martin Schempp 130.35 06/20/2024 Museum Consignment Sales 166044 Merle Hardy 63.00 06/20/2024 Museum Consignment Sales 166045 Michael A. Brady 101.50 06/20/2024 Museum Consignment Sales 166046 Michael Reed 37.80 06/20/2024 Museum Consignment Sales 166047 Michaelle Boetger Graphic Designs 460.00 06/20/2024 LTAC Advertising 166048 Mike I. Todd 1,274.00 06/20/2024 Barkle Garnishment 166049 Morrison Mobile Veterinary Services 916.00 06/20/2024 K9 Vet Bills 166050 Moses Lake Police Guild 2,340.00 06/20/2024 Police Guild Dues 166051 Moses Lake Steel Supply 341.93 06/20/2024 Cap Screws 166052 Norco Enterprises Inc 750.52 06/20/2024 Operating Supplies 166053 North 40 Outfitters 16.25 06/20/2024 Barrel Bolt 166054 North Coast Electric Company 7.27 06/20/2024 Pole 166055 NYS Child Support Prosessing Center 369.22 06/20/2024 Gilmartin Child Support 166056 Office of Financial Recovery 530.00 06/20/2024 2412 Torrey Garnishment 166057 Owen Equipment Company 4,095.75 06/20/2024 Diagnose & Repair: Drive Motor 166058 Oxarc Inc 1,037.70 06/20/2024 CO2 Bulk - SNS 166059 Pacwest Machinery LLC 484.01 06/20/2024 Misc. Parts COML Council Packet 7-5-24, Page 7 of 32 Check Name Check Amount Check Date Invoice Description 166060 Paramount Supply Company 43.85 06/20/2024 Long Liner Parts 166061 Phyllis Pufahl 28.00 06/20/2024 Museum Consignment Sales 166062 Platt Electric 11.98 06/20/2024 Beam Clamp 166063 Port Of Moses Lake 45.00 06/20/2024 Port Badge Fees 166064 Pro Rentals And Sales 634.57 06/20/2024 Forklift Rental - SNS Maintenance Grant 166065 Pud Of Grant County 23,997.01 06/20/2024 Elec. Services 166066 Qcl Inc 78.00 06/20/2024 Pre Employment Testing 166067 Rdo Equipment Co. 95.02 06/20/2024 Wires 166068 Rells Fire Equipment Inc 231.10 06/20/2024 Fire Alarm Monitoring System - OPS 166069 Renew 3,000.00 06/20/2024 2nd Qtr. Contributions 2024 166070 Robert Stowe 13,750.00 06/20/2024 Development & Strategies March-May 166071 Samaritan Healthcare 180.00 06/20/2024 CPR/AED Cards 166072 SCJ Alliance 10,127.50 06/20/2024 Code/Zoning Update 166073 Sharon R Morley 39.20 06/20/2024 Museum Consignment Sales 166074 Sherwin-Williams 490.88 06/20/2024 Paint Primer 166075 Shirtbuilders Inc 1,144.68 06/20/2024 Uniform 166076 Skaug Brothers Glass 70.53 06/20/2024 Windshield Repair 166077 State Auditors Office 7,414.03 06/20/2024 Financial/Federal Audit 166078 Target Solutions Learning 99.99 06/20/2024 Computer Software Support 166079 Transunion Risk & Alternative 128.90 06/20/2024 May24 Transunion 166080 Trilogy Medwaste West, LLC 39.00 06/20/2024 Medical Waste Disposal 166081 Ups Freight 35.77 06/20/2024 Weekly Service Fees 166082 Usa Blue Book 1,336.43 06/20/2024 Parts/Supplies 166083 WA St Council Of FF Emp Ben 4,600.00 06/20/2024 MERP -Fire Union 166084 Weinstein Beverage Company 113.25 06/20/2024 Water 166085 WEMCO, Inc 976.50 06/20/2024 Overhead Cranes 2024-2027 166086 Western Display Fireworks Ltd 13,750.00 06/20/2024 LTAC- 2024 Fireworks Display 166087 WSCCCE, AFSCME, AFL-CIO 2,592.11 06/20/2024 AFSCME June Dues 166088 Whitney Equipment Company Inc 38,526.16 06/26/2024 Flow Rider - SNS Maintenance Grant 166089 Ag Supply Ace Hardware 27.08 06/27/2024 Water Jet Nozzle 166090 Amazon Capital Services, Inc. 822.47 06/27/2024 Amazon May 2024 166091 Anatek Labs, Inc. 2,620.00 06/27/2024 Sample Testing 166092 Aquatic Specialty Services Inc 90,613.36 06/27/2024 Pulsar Tabs - SNS 166093 Basin Septic Services Inc 660.00 06/27/2024 Sanitizer Stations @ Sleep Center 166094 Battery Systems Inc 153.39 06/27/2024 65-75 Battery 166095 Bound Tree Medical LLC 243.99 06/27/2024 Medical Supplies 166096 Bud Clary Ford LLC 347.81 06/27/2024 Lamp Assembly 166097 Cascade Natural Gas Corp 9,786.85 06/27/2024 Natural Gas May '24 166098 Central Machinery Sales Inc 39.06 06/27/2024 Equipment Paint 166099 Country Fabrics 476.96 06/27/2024 Sewing Class - Feb - Mar '24 166100 Faber Industrial Supply 434.92 06/27/2024 Wet/Dry Vac 166101 Fastenal Company 5.60 06/27/2024 Screws 166102 Grant County Treasurer 989.27 06/27/2024 2% Liquor Profits 166103 Ground Works Three, LLC 5,041.67 06/27/2024 Rent @ Sleep Center 166104 H D Fowler Company 4,998.52 06/27/2024 Parts/Supplies 166105 Hach Company 130.20 06/27/2024 Sample Bottles 166106 Home Depot Pro (Supplyworks) 4,021.29 06/27/2024 Custodial Supplies 166107 Ibs Inc 417.40 06/27/2024 Misc. Parts 166108 Inland Pipe & Supply Company 831.75 06/27/2024 Saddle Clamps COML Council Packet 7-5-24, Page 8 of 32 Check Name Check Amount Check Date Invoice Description 166109 Iron Horse Real Estate 1,304.78 06/27/2024 Trail Lease 166110 Irrigators Inc 162.97 06/27/2024 Misc. Parts 166111 Itron Inc 1,825.44 06/27/2024 Meter Read System Maintenance 166112 Jerrys Auto Supply 140.14 06/27/2024 Fluid Filter 166113 Jims Lock Service LLC 14.32 06/27/2024 Key Blanks 166114 Kelley Create 285.99 06/27/2024 Equipment Contract Fees 166115 Lad Irrigation Company Inc 94.60 06/27/2024 Irrigation Supplies 166116 Lance, Soll & Lunghard, LLP 180.00 06/27/2024 Finance Pro Services 166117 Med Tech Resource Inc 376.04 06/27/2024 Medical Supplies 166118 Moon Security Services Inc 335.68 06/27/2024 LRC Security 166119 Moses Lake Steel Supply 53.86 06/27/2024 Stud Wedge Anchor 166120 New Technology Services LLC 1,567.83 06/27/2024 Sound System - Summer Concert 166121 North 40 Outfitters 144.62 06/27/2024 Rubber Matting 166122 Northstar Chemical Inc 15,560.05 06/27/2024 Sodium Hypochlorite for Wells 166123 Northwest Medical Group PLLC 945.00 06/27/2024 Pre-Employment Testing, Oord 166124 Oreilly Auto Parts 136.35 06/27/2024 Power Steering Hose 166125 Owen Equipment Company 3.08 06/27/2024 Equipment Parts 166126 Oxarc Inc 105.07 06/27/2024 Gloves 166127 Pacwest Machinery LLC 3,715.41 06/27/2024 DEF Tank Headers 166128 Paramount Supply Company 269.98 06/27/2024 Plugs 166129 Pasco Tire Factory, INC 1,783.01 06/27/2024 P255/60R18 Tires 166130 Platt Electric 5.80 06/27/2024 Pool Supplies 166131 Racom Corporation 5,528.40 06/27/2024 Eq # 047 Upfit 166132 Sherwin-Williams 24.60 06/27/2024 Paint Supplies 166133 Shirtbuilders Inc 3,279.78 06/27/2024 Recreation Program Shirts 166134 Signature Graphics Inc 4,530.71 06/27/2024 Summer Brochure 166135 Silvie Valdez 637.00 06/27/2024 Jiu-Jitsu Professional Fee 166136 Teleflex LLC 562.50 06/27/2024 Medical Supplies 166137 The Lifeguard Store 300.28 06/27/2024 Mask Kits 166138 UPS Store 2469 37.35 06/27/2024 Shipping 166139 WA St Council Of FF Emp Ben 4,500.00 06/27/2024 2413 MERP 166140 Wash Council Police & Sheriffs 450.00 06/27/2024 WCPS Dues 166141 Weinstein Beverage Company 128.79 06/27/2024 Restroom Supplies 166142 Whitmer Public Safety Group 581.67 06/27/2024 Firefighter Badges 166143 Darla Mann 85.00 06/28/2024 City Endorsement Refund 166144 Don Terrell 150.00 06/28/2024 CDL Physical Reimbursement 166145 Dylan Co, LLC 3,399.48 06/28/2024 Retainage Release 166146 Edmund Guerrero 300.00 06/28/2024 Boot Reimbursement 166147 Ian Campbell 150.00 06/28/2024 2024 Boot Reimbursement 166148 Janelle Sword 905.46 06/28/2024 June LEOFF Retiree Pension 166149 Krystal Villafana 85.00 06/28/2024 City Endorsement Reimbursement 166150 Luther Stowers 606.37 06/28/2024 June LEOFF Retiree Pension 166151 Lynne Lynch 32.16 06/28/2024 Meal Reimbursement 166152 Nicholas Metcalf 72.73 06/28/2024 Range Supplies Reimbursement 166153 Olivia Martinez 23.84 06/28/2024 Misc. Purchase Reimbursement 166154 Santa Poco LLC 3,300.00 06/28/2024 Concert In The Park Payment 166155 Sonia Bravo 85.00 06/28/2024 City Endorsement Reimbursement $ 1,325,858.64 COML Council Packet 7-5-24, Page 9 of 32 Council Staff Report To: Agenda Item Number: Mike Jackson, Interim City Manager 18376 From Department Brian Baltzell, Director Public Works For Agenda of: Proceeding Type 7/9/2024 Consent Agenda Subject Award "Luta & Virginia Street Construction" (GC2024-212) Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services Expenditure Required: Amount Budgeted: Appropriation Required: $ 798,779.80 $ 986,367.00 $ 0.00 Action Requested Staff recommends that the City Council motion to award the "Luta & Virginia Street Construction" project to the low bidder, Hurst Construction of Wenatchee, for the bid contract price of $798,779.80. Packet Attachments (if any) GC2024-212 Luta & Virginia Street Construction Bid Summary.pdf 6.51MB Overview This project is to construct both Luta Street and Virginia Street ~700 feet west from Grape Drive to upgrade them from gravel streets to Community Standard streets with curb, gutter, and sidewalks. The work includes 1,500 tons of CSTC, 900 tons of HMA, 6 catch basins, 3 drywells, 150 LF of 8-inch storm sewer pipe, 3,000 LF of curb and gutter, 2,300 SY of cement concrete, preparation for two new PUD street lights (including foundation work, 2-inch PVC conduit, and electrical junction boxes), utility casting adjustments, fire hydrant extensions, new 4-inch PVC sewer connections to the vacant lots, and new water service connection. Fiscal and Policy Implications This project will require budgeted funds to be spent in the amount of $798,779.80. Some additional funding will be spent to cover other costs including engineering and inspector labor. Options and Results Approve, Authorize, or Adopt: City staff will execute the contract with the low bidder, Hurst Construction of Wenatchee. Provide Amended Direction: Staff will bring back options for recommended changes. COML Council Packet 7-5-24, Page 10 of 32 No Action Taken: City staff will wait for further instructions. COML Council Packet 7-5-24, Page 11 of 32 COML Council Packet 7-5-24, Page 12 of 32 COML Council Packet 7-5-24, Page 13 of 32 COML Council Packet 7-5-24, Page 14 of 32 Council Staff Report To: Agenda Item Number: Mike Jackson, Interim City Manager 18362 Department From Parks, Recreation, and Doug Coutts, Director Cultural Services For Agenda of: Proceeding Type 7/9/2024 Consent Agenda Subject Resolution for RCO Grant Application Authorization-Longview Park Phase 1/Sun Terrace Park Phase 1 Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services Expenditure Required: Amount Budgeted: Appropriation Required: $ 0.00 $ 0.00 $ 0.00 Action Requested Adopt the resolution authorizing the application for four grants available through the Recreation Conservation Office of the State of Washington for the development of Phase 1 of Longview Park and Sun Terrace Park. Packet Attachments (if any) ApplicantAuthorizationResolution-2024.pdf 964.07KB Overview This resolution authorizes staff to apply for the four grants currently in process for the phase one development of Longview Park and Sun Terrace Park. These projects have been previously presented to Park Board and PRCS Committee. These documents specify authorized signators for the grants and allow the application. Grant agreements would occur if we were successful in our applications. Fiscal and Policy Implications None Options and Results Approve, Authorize, or Adopt: Staff will proceed with grant applications. Provide Amended Direction: As these applications are due prior to the subsequent Council meeting, any amended direction will result in the cancellation of these grant applications. COML Council Packet 7-5-24, Page 15 of 32 No Action Taken: Staff will cancel grant applications. COML Council Packet 7-5-24, Page 16 of 32  ApplicantResolution/Authorization Organization Name (sponsor) ______________________________________________________________________________ City of Moses Lake Resolution No. or Document Name________________________________________________________________________ Resolution 3985 Project(s) Number(s), and Name(s)___________________________________________________________________________ 24-1969 D Longview Park Development Phase 1 24-1970 D Longview Park Development 24-1971 D Sun Terrace Park Development Phase 1 24-1972-D Sun terrace Park This resolution/authorization authorizes the person(s) Development identified below (in Section 2) to act as the authorized Phase 1 representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above “Project(s).” 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Doug Coutts Project contact (day-to-day Doug Coutts administering of the grant and communicating with the RCO) RCO Grant Agreement (Agreement) City Manager Agreement amendments City Manager Authorizing property and real estate City Manager documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. COML Council Packet 7-5-24, Page 17 of 32 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. 5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (which documents will be based upon the Office’s standard versions of those documents), to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property COML Council Packet 7-5-24, Page 18 of 32  acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. 12. [for Development, Renovation, Enhancement, and Restoration Projects Only–If our organization owns the project property] Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 13. [for Development, Renovation, Enhancement, and Restoration Projects Only–If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 15. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed ________________________________________________________________________________________________________ Title ________________________________________________________________ Mayor Date_____________________________________ 7/9/24 On File at:___________________________________________________________________________________________________ City of Moses Lake This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: ___________________________________________________________________Date:___________________________ Moses Lake Civic Center 7/9/2024 Washington State Attorney General’s Office Approved as to form _______________________________________________2/13/2020_____________________ Assistant Attorney General Date You may reproduce the above language in your own format; however, text may not change. COML Council Packet 7-5-24, Page 19 of 32 Council Staff Report To: Agenda Item Number: Mike Jackson, Interim City Manager 18395 From Brian Baltzell, Public Works Department Director Public Works For Agenda of: Proceeding Type 7/9/2024 Consent Agenda Subject Industrial Waste Discharge Permit No. 5 - Nouryon Pulp and Performance Chemicals LLC Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services Expenditure Required: Amount Budgeted: Appropriation Required: $ 0.00 $ 0.00 $ 0.00 Action Requested Staff recommends City Council motion to authorize the Interim City Manager to execute the permit. Packet Attachments (if any) 2024 Nouryon WDP No. 5.pdf 2.89MB Overview Nouryon Pulp and Performance Chemicals LLC is a significant user and is required to have an industrial waste discharge permit from the Department of Ecology (DOE) and the City of Moses Lake. Attached is a copy of proposed Industrial Waste Discharge Permit No. 5 for Nouryon Pulp and Performance Chemicals LLC. This permit will allow Nouryon Pulp and Performance Chemicals LLC to continue to discharge to the City's Publicly Owned Treatment Works (POTW) for an additional five (5) years. prior to renewal. Fiscal and Policy Implications None Options and Results Approve, Authorize, or Adopt: The industry will continue to discharge their wastewater to the City's POTW. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: The industry will have to pursue other options for their wastewater. COML Council Packet 7-5-24, Page 20 of 32 COML Council Packet 7-5-24, Page 21 of 32 COML Council Packet 7-5-24, Page 22 of 32 COML Council Packet 7-5-24, Page 23 of 32 COML Council Packet 7-5-24, Page 24 of 32 COML Council Packet 7-5-24, Page 25 of 32 COML Council Packet 7-5-24, Page 26 of 32 COML Council Packet 7-5-24, Page 27 of 32 Council Staff Report To: Agenda Item Number: Mike Jackson, Interim City Manager 18409 From Brian Baltzell, Public Works Department Director Public Works For Agenda of: Proceeding Type 7/9/2024 Consent Agenda Subject Laguna Park Short Plat Developer Agreement Amendment Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services Expenditure Required: Amount Budgeted: Appropriation Required: $ 2,515.03 $ 0.00 $ 2,515.03 Action Requested Staff recommends authorizing the City Manager to sign the amendment to the Laguna Park Short Plat Developer Agreement to cover the additional costs required on behalf of the City by the developer to complete the north half of Sage Road along the Plat. Packet Attachments (if any) Laguna Park Short Plat DA Amendment 1.docx 65.16KB Overview Previously, the city signed a Developer Agreement with Lengco Enterprises, LLC to complete the north half of Sage Road along the Laguna Park Short Plat. Upon completion of the project it was noted that a couple of field changes were necessary that were not included in the original agreement that required the developer to spend an additional $2,515.03 on the City's portion of the roadway. Specifically, multiple existing catch basins that were originally planned to be re-used were found to be unusable and were replaced, additionally, in order to comply with current ADA requirements, an additional panel of truncated domes was added to the project. The developer spent these monies on a portion of roadway that was not their responsibility and staff is proposing that they be fully compensated for their expenses. Fiscal and Policy Implications $2,515.03 will need to be appropriated from the Street Fund to cover the costs. A budget amendment request was submitted on 7/2/2024. Options and Results COML Council Packet 7-5-24, Page 28 of 32 Approve, Authorize, or Adopt: The Interim City Manager will execute the amendment and the Developer will be paid the additional money. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: The Developer will not be compensated COML Council Packet 7-5-24, Page 29 of 32  FIRST AMENDMENT TO DEVELOPER EXTENSION AGREEMENT BETWEEN THE CITY OF MOSES LAKE, WASHINGTON AND LENGCO ENTERPRISES, LLC. Preamble. This is the first amendment to the Developer Extension Agreement effective April 22, 2024, between City of Moses Lake, a Washington municipal corporation (hereinafter the “City”), and Lengco Enterprises, LLC., a limited liability company in the State of Washington, (hereinafter the “Developer”) to pay for additional required construction costs. Amendment. A. Section 3.4, titled “Financial Contribution by City”, is amended to include an additional payment of Two Thousand Five Hundred Fifteen dollars and Three cents ($2,515.03) for payment of additional costs incurred to construct the improvements to city standards. All other terms and conditions of the April 22, 2024, Developer Extension Agreement remain unchanged. IN WITNESS WHEREOF, Lengco Enterprises, LLC., and the City of Moses Lake have hereunto set their hands and seals this 9th day of July, 2024. CITY OF MOSES LAKE, WASHINGTON LENGCO ENTERPRISES, LLC. _________________________________ _________________________________ Michael Jackson, Interim City Manager Todd Lengenfelder, Owner Date: ____________________________ Date: ____________________________ COML Council Packet 7-5-24, Page 30 of 32 Council Staff Report To: Agenda Item Number: Mike Jackson, Interim City Manager 18403 From Brian Baltzell, Public Works Department Director Public Works For Agenda of: Proceeding Type 7/9/2024 Consent Agenda Subject Accept Crack Seal Project GC2023-188 Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services Expenditure Required: Amount Budgeted: Appropriation Required: $ 0.00 $ 0.00 $ 0.00 Action Requested Staff recommends City Council motion to accept the 2024 Crack Seal Project. Packet Attachments (if any) Overview BCV, Inc. has completed work for the 2024 Crack Seal Project GC2023-188. The project consisted of installing rubberized asphalt in 720,042 lineal feet of cracks on designated streets within the City of Moses Lake. The work completed is in the amount of $244,814.28. The original contract price for the contract was $238,000.00 for 700,000 lineal feet of cracks. The work by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law. Options and Results Approve, Authorize, or Adopt: 60-day lien period will begin. Provide Amended Direction: Staff will bring back options for recommended changes. COML Council Packet 7-5-24, Page 31 of 32 No Action Taken: The project won't be accepted at this time. COML Council Packet 7-5-24, Page 32 of 32 Council Staff Report To: Agenda Item Number: Mike Jackson, Interim City Manager 18478 Department From Parks, Recreation, and Doug Coutts, Director Cultural Services For Agenda of: Proceeding Type 7/9/2024 Consent Agenda Subject Maple Landing Bond Extension for Park Improvements Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services Expenditure Required: Amount Budgeted: Appropriation Required: $ 0.00 $ 0.00 $ 0.00 Action Requested Waive 60-day notice requirement and Extend the Bond for twelve months Packet Attachments (if any) signed maple landing bond.pdf 736.57KB Overview Maple Landing, LLC, posted a subdivision performance bond for Maple Landing on July 11, 2023, which required the completion of certain deferred improvements within a twelve month period. That twelve month period expires on July 11, 2024, and the improvements have not been completed. Maple Landing, LLC, is requesting a twelve month extension of the bond to July 11, 2025. MLMC 17.12.120 sets forth the process for requesting a bond extension and requires that the developer submit the request at least 60 days prior to bond expiration. Maple Landing, LLC is requesting a waiver of this notice requirement and is asking for Council approval of a one-time, twelve month extension for the bond. If granted, the bond will be extended until July 11, 2025, and the developer will be required to post new security documents pursuant to the provisions of MLMC 17.12.120. Fiscal and Policy Implications None Options and Results Approve, Authorize, or Adopt: The bond will be extended for one twelve-month period. COML Packet Addendum, Page 33 of 40 Provide Amended Direction: The bond will be extended for an additional period of time as determined by Council up to but not to exceed a twelve- month extension. No Action Taken: The bond will expire on July 11, 2024 and the City will pursue its remedies under the bond terms. COML Packet Addendum, Page 34 of 40  Performance - Surety Bond Public Works Improvements BONDNO.: 7446218 V Landscaping/Wetlands DATE POSTED: July 1 lth, 2023 RE: Moses Lake Subdivision/Plat/Pernnit No.: GD2023-907 Owner/Developer/Contractor: Maple Landing, LLC Project Address: 4662 NE Grape Drive, Moses Lake, WA KNOW ALL PERSONS BY THESE PRESENTS: That we Maple Land!ng, LLC , (hereinafter called the "Principal"), and Old Republic Surety Company , a corporation organized under the laws of the State of W!SCOnS!n , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly borind unto the City of Moses Lake, Washington, in the sum of Two Hundred Thirty Seven Thousand Four Hundred FiTty Dollars and 00/1 00 cents ($ 237,450.00 ), lawfiil money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has entered into a certain agreement with the Ciiy, @y hB5 b(;(HH gy3HiBd 3ppy@yBl by %fi(, C iiy, f@y 3 MapleLanding Division j Apartment Complex Development SiteParkAreas within the City; WHEREAS, the agreement or the approval granted by the City requires that certain improvements be made in coru'iection with construction of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications submitted with the project, as required by the City; and WHEREAS, the agreement or the approval granted by the City requires that the improvements are to be made or constructed within a certain period of time, unless an extension is granted in writing by the City; and COML Packet Addendum, Page 35 of 40 NOW, THEREFORE, it is understood and agreed that this obligation shall contimie in effect until released in writing by the City of Moses Lake, but only after the Principal has perfoimed and satisfied the following conditions: A. Conditions. 1. The improvements to be constructed by the Principal include: 2. The Pi'incipal must constnict the improvements to confoim to the design, location, materials and other specifications for the indicated site improvements, as reqriired by the City in the above-referenced City file. This includes any required municipal improvements including but not limited to plat improvements pursuant to approved plans and specifications as detailed in the Opinion of Probable cost Approved by the City DevelopmentEngineeron July6th ,2023,attachedasExhibitAheretoand incorporated fully herein. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended, which are incorporated by reference as if set forth fully herein and are the law governing this obligation. 3. The Principal must have completed all improvements required by the above-referenced conditions, plans and City file within twelve months, which time period shall begin to run from the date of execution of this bond unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in paragraph 3 above. Acceptance by the City is subject to the City's sole discretion as to whether the Principal has failed to perform tlie obligation imposed by the City and identified herein. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a) remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b) tender to the City within an additional ten (10) days tlie amorint necessary, as deteimined by the City, for the City to remedy the default, up to the total bond an'iount. Upon completion of the Surety's duties rinder either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation prirsuant to the requirements of subsection B(l)(b), the City sl'iall notify the COML Packet Addendum, Page 36 of 40  Surety of the actual cost of the remedy, ripon completion of the remedy. Tl'ie City sliall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. C. Corrections. Any corrections reqriired by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the work to be perfoimed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The surety waives notice of any such change, extension, alteration or addition thereunder. If principal applies to the Moses Lake City Council for or receives from it a one-time extension of the twelve (12) montli time limit for completion of the performance this bond insures, botli principal and surety acknowledge they rinderstand principal must post a new bond covering the costs calculated pursuant to ordinance and for the duration specified by the Moses Lake City Council. E. Enforcement. It is specifically agreed by and between the parties that in tl'ie event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the achial costs inctured by the City, inchiding reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising orit of this Agreement shall be in Grant Corinty Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a bond guaranteeing maintenance of all improvements for a period of Two (2) years from acceptance l'ias been submitted to the City in an amount to be detern'iiried by the City Engineer, in a form suitable to the City and until released in writing by the City. COML Packet Addendum, Page 37 of 40  The parties hereby agree that this Agreement sl'iall be governed by the laws of the State of Washington and to be subject to the jurisdiction of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Grant County Superior Court. DATEDthis 11tt1 dayof July , 202 3 . SURETY COMPANY DEVELOPER / OWNER 7 Attorney-in-Fact tts Managing Member Zip Bonds, LLC Maple Landing, LLC Business Name Business Name 3737 Woodland Ave. Suite 505 2909 S Quillan St. Suite 146 Business Address Business Address West Des Moines, IA 50266 Kennewick, WA 99337 City/State/Zip City/State/Zip 888-435-4191 Telephone Number Telephone Number CITY OF MOS LAKE r B-y: of Moses Lake PO Box 1579 Moses Lake, Washington 98837 itsWmh (509) 764-375 I COML Packet Addendum, Page 38 of 40 Bonding Agency Notary STATE OF WASIIINGTON I certify that I know or have satisfactory evidence that 7(1 (,hrerc( M gJJrer"(5 is the person who appearedbefore me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for uses and purposes mentioned in the instrument. Dated: ,Sy4 lP' ,2023 COML Packet Addendum, Page 39 of 40  : OLD REPUBLJC SURETY COMPANY ***** POWER OF ATTORNEY KNOW ALLMENBYTHESE PRESENTS: ThatOLDREPUBLIC SURETY COMPANY,aWisconsinstockinsurancecorporation,does make, constitute and appoint: RYAN O. SWALVE, ZACHARY MEFFERD, ZACHARY MATTER, HAVILAH WATSON of WEST DES MOINES, IA its true and lawfulAttorney(s)-in-Fact, with full powerand authorityfor and on behalf of the company as surety, to execute and deliver andaffixthesealof thecompany thereto (if a sealis required), bonds, undertakings, recognizances or otherwrittenobligations in the nature thereof, (otherthanbailbonds,bankdepository bonds,mortgage deficiency bonds,mortgage guarantybonds, guaranteesof installment paper and note guarantybonds,self-insurance workerscompensation bonds guaranteeingpayment of benefits, orblacklungbonds),asfollovvs: ALL WRITTEN INSTRUMENTS andtobindOLDREPUBLIC SURETY COMPANY thereby, andallof theactsof saidAttorneys-in-Fact, pursuant to thesepresents,are ratified and confirmed. Thisappointment is made under and by authorityof the board of directors at a special meeting held on February 18, 1982. ThisPower of Attorney is signedandsealed byfacsimile underandbytheauthority ofthefollowing resolutionsadoptedby the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,thepresident,anyvice-president or assistant vicepresident, in conjunction withthesecretary or any assistantsecretary, may appoint attorneys-in-fact oragentswithauthority asdefined orlimited intheinstrument evidencing theappointment ineachcase,for and on behalf of the company to execute anddeliverandaffixthesealofthecompanyto bonds, undertakings, recognizances, andsuretyship obligations of all kinds; and said officers may remove anysuch attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,thatanybond,undertaking, recognizance, or suretyshipobligationshallbe valid and binding upon the Company whensigned (i) bythepresident, anyvicepresident orassistant vicepresident,andattested andsealed(if a sealbe required)by any secretary or assistant secretary; or (ii) whensigned bythepresident, anyvicepresident orassistant vicepresident, secretary orassistantsecretary,andcountersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) whendulyexecuted andsealed(ifa sealberequired) byoneor moreattorneys-in-fact oragentspursuanto and withinthe limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHERthatthesignature of anyauthorized officerandthesealof thecompany may be affixedby facsimileto any Power of Attorney or certification thereof authorizing theexecution anddelivery ofanybond,undertaking,recognizance, orothersuretyship obligationsof the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLDREPUBLIC SURETY COMPANY hascaused thesepresents tobesignedby its properofficer,and its corporate seal to be affixedthiq 29'h rlqynf SePfem5er 2022 OLD REPUBLICSURETYCOMPANY too 19 81 ' Y' i President ST ATE OF WISCONSIN COUNTY OF WAUKESHA - SS Onthis 29th rlsvof SeP,'ember2022 , personally came before mh Alan PavliC Karen J Haffner hnrl , tomeknown tobetheindividuals andofficersoftheOLDREPUBLIC SURETY COMPANY whoexecuted theabove instrument,andtheyeachacknowledgedtheexecution of thesame, andbeingbymedulysworn, did severally depose and say: that theyarethesaidofficers ofthecorporation aforesaid, andthathesealaffixed totheabove instrumentis hesealofthecorporation, and that said corporate seal andtheirsignatures assuchofficers weredulyaffixed andsubscribed tothesaidinstrument bytheauthority oftheboard of directors of said corporation. ZIP BONDS COML Packet Addendum, Page 40 of 40