EPHRATA CITY COUNCIL  MAYOR BRUCE REIM MAYOR PRO-TEM WILLIAMCOL COUNCILA MEMBERS: KATHLEEN ALLSTOT. RATILEEVIANKKR.  SARAH MCDONNELL.  RD, MATTMOORI. ANDTONY MORA  AGENDA FOR May 18, 2022 -  ZOOM-TOPARTICIPATE BY PHONE DIAL 1-253-215-8782, follow prompts  City of Ephrata Meeting ID: 642-397-7833#  7:00 PM  REGULAR SESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of Meeting: YES 5. Additions or corrections to published Agenda 6. Presentations:  II  CONSENT AGENDA 1. Approval of Claim Fund Bills and Checks Issued 2. Approval of Council Minutes:  April 29-30, 2022 Council Retreat May 4, 2022 Regular Meeting May 10, 2022 Special Meeting May 12, 2022 Study Session May 13, 2022 Special Meeting Rotary Youth Parade - June 9, 2022  3. Approval of Special Event Application: 4. Set Public Hearing for. June 1,2 2022 at 7:00 p.m.:  EMC 17.02--Procedures: for Amendments to the Comprehensive Plan EMC 1904000-Tamsporaion. Public and Utilities Land Uses  BILLS: Millard, Allstot Mora    II STAFF.COMMITTEE & AGENCY REPORTS  IV CLOSED RECORDI DECISIONS RCWCIAPTERS 36,4 CIAPRPMMTTRNTeA  V  PUBLIC HEARINGS  VI ORDINANCES & RESOLUTIONS  1. Ordinance 22-06 Vacate portion of Smith Avenue 2. Ordinance 22-07 Amend 2022 Budget  3. Resolution 22-05 Adopting City Administrator Job Description  VII ITEMS FOR COUNCIL CONSIDERATION 1. Report on Assessment of City Parks 2. Professional Services Agreement  VIII ITEMS FOR COUNCILACTION  1. Accept donation from Ephrata Youth Assets 2. Authorize Agreement with Public Safety Testing  IX CITY ADMINISTRATOR REPORT  BILLS: Millard, Allstot Mora    CITY COUNCIL RETREAT April 29 and 30, 2022  City Council of the City of Ephrata, Grant County Washington conducted a  Council Retreat April 29, 2022 and April 30, 2022.  Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council members Kathleen Allstot, Kathleen Harris, Sarah McDonnell, Valli Millard, and Matt  Moore.  Retreat Agenda and Items discussed are as follows:  FRIDAY 6:00-6:301 PM 6:30-7:001 PM 7:00-8:001 PM SATURDAY  DINNER WARREN  GOALS. AND OBJECTIVES-CITY ADMINISTRATOR, MIKE PUBLIC OFFICIALS! LABILITY-MAYOK, BRUCE REIM  DEPARTMENT DIRECTOR PRESENTATIONS:  9:00- - 9:30 AM 9:30- -1 10:00 AM  COMMUNITY DEVELOPMENT DIRECTOR,DAN LEAVITT  FIRE CHIEF,JEREMY BURNS  10:00 -1 10:30 AM PARKS AND RECREATION: DIRECTOR, TRACI BENNETT 11:00 -1 11:30 AM CITY CLERK/FINANCE DIRECTOR, LESLIE' TRACHSLER 11:30 -1 12:00 AM PUBLIC WORKS FIELD SUPERVISOR, CHRISTIAN ROEDER  10:30. -1 11:00 AM POLICE CHIEF, KURT ADKINSON  12:00 -1 12:301 PM 12:30- 1:001 PM 1:00. -1 1:30 PM  PUBLIC WORKS DIRECTOR, BILL SANGSTER DEBRIEF - OPEN FORUM FOR COUNCIL DISCUSSION  LUNCH  Each department director gave a brief report on what their departments do and what they are responsible for. Council was given time to ask questions and have meaningful  discussion with each director. Council Retreat ended at 3:00 p.m.  April 29-30,2022    Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk  April 29-30, ,2022    CITY COUNCIL MIINOTES  May 04, 2022  City Council oft the City of Ephrata, Grant County Washington met in regular session on May 04, 2022. The meeting was called to order at 6:00 p.m. by Mayor Bruce Reim and adjourned to executive session to discuss evaluation of personnel performance (RCW 42.30.110()) for approximately one hour. Mayor Reim announced that Council needed additional time. Executive session adjourned, no decisions were made or This meeting is also available remotely by phone using the ZOOM call in number and Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  action taken. Meeting reconvened at 7:29 p.m.  City meeting ID.  members Kathleen Allstot, Kathleen Harris, Sarah McDonnell, City Administrator Mike Warren, City Attorney Kathrine Kennison, Public Works Director Bill Sangster, Community Relations Director Traci Bennett, Fire Chief. Jeremy Burns, Police ChiefKurt Adkinson, and City Clerk/Finance Director Leslie  Valli Millard, Matt Moore and' Tony Mora  Staff Present:  Trachsler  Pledge of Allegiance was said.  Noj public signed up to speak. This meeting is not being recorded Agenda: There were no additions/correction to the agenda.  Presentations:  Department of Ecology: Liz Ellis, Environmental Review Coordinator, with the Department of Ecology Clean Water State Revolving Fund, Kim Prisock with Department of Ecology Finance, along with Emily Whistler and David Harder from Plateau Archacological addressed Council regarding the Memorandum of Agreement (MOA), Treatment Plan (TP) and additional financial options available in relation to the sewer collection project and the unanticipated discovery of archaeological cultural materials. This MOA addresses how work will proceed for the remainder of the project.  Appendices to the MOA are as follows:    Appendix A - Treatment Plan Appendix B - Cultural Resource Report Appendix C = Ecology Discovery Plan Council discussion ensued.  Appendix D - Curation Letter between the City and the Colville Tribe  Report on Economic Development Council Update: Council Member Matt Moore gavea brief update on Grant County Economic Development Council (EDC). Moore advised that he has been to two meetings. The Board is made up ofa nice diversity ofi individuals with al broad range of experiences and background. There are a fair number ofexisting operations which utilize the services offered by EDC. Hel hopes to encourage EDC to stay connected with Ephrata and find ways the City can be better at attracting businesses. Moore advised that he intends to be involved in the retention of current businesses and government organizations in Ephrata. Grant County looks to be aj place of continued Consent Agenda: Motion was made to approve consent agenda. (m/s Allstot/Mora)  growth. Motion carried.  Items on the consent agenda are as follows:  Claims #94900 through #94929 in the amount of $93,718.15 Payroll Check #47189 through #47196 int the amount of $24,083.47 Payroll Claims #94876 through #94893 in the amount of $235,632.81 Payroll Direct Debit in the amount of $13,252.57 Payroll Direct Deposit in the amount of $210,536.06 Claims #94874 and #94875 - VOIDED due to printing error not issued Claims #94894 through #94899 in the amount of $3,867.02 Minutes of the April 20, 2022 Council meeting  Special Event Applications:  First Quarter 2022 Financial Report: Director Trachsler reviewed the !st quarter financial report highlighting items of most significance. Overall, revenues are 1% below projection and expenses are 15% below. 2022 is shaping up to be another busy year with upgrades to the Wastewater Treatment Facility; completion ofthe Sewer Collection System; increase in building permits for new single family residences; upgrades to Splashzone; Six Year Parks Comprehensive Plan; and ERC upgrades. Authorize Administration to execute MOA with Department of Ecology: This agreement addresses how the remainder of the Sewer Collection System Project is to proceed in light oft the unanticipated discovery of archaeological cultural materials. Council discussion ensued regarding the MOA and what options are available to the city.    Motion to authorize Administration to execute MOA with Department of! Ecology on the Sewer Collection System Project. (m/s Allstot/Coe) Further Council discussion ensued, Harris, Allstot, Coe, McDonnell, Mora and Millard voted aye, Moore voted nay, motion Approve Amendment #7 - Design and Engineering: Director Sangster advised that this contract amendment with Gray & Osborne is for the engineering and design of  carried.  several items for the water system: New Reservoir #6 New Well  New Booster Station and Pressure Reducing Valves to create Pressure Zone 5  Work with Tom McDonald for additional Water Rights Backup electrical system for existing wells  The City has secured a 5 year 0.47% loan from Public Works Trust Fund for this work. Motion to approve Contract Amendment #7 with Gray and Osborne for engineering and design work for the Water System Upgrades. (m/s Mora/Millard) Motion carried.  This contract amendment shall not exceed $870,000.  City Administrator Report: None  There being no further business meeting adjourned at 8:10 p.m.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    CITY COUNCIL MINUTES SPECIAL MEETING May 10, 2022  City Council of the City of Ephrata, Grant County Washington conducted a Special Meeting on May 10, 2022. The meeting was called to order at 4:30 p.m. by Mayor Bruce Reim and adjourned to executive session to discuss evaluation of personnel performance(RCW 42.30.110(1))) for approximately one hour. Executive session adjourned, no decisions were made or action taken. Meeting reconvened at 5:50 p.m. Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  members Kathleen Allstot, Kathleen Harris, Sarah McDonnell, City Attorney Katherine Kenison, and City Clerk/Finance Director  Matt Moore and Tony Mora Leslie Trachsler  Staff Present:  There being no further business meeting adjourned at 5:50 p.m.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    CITY COUNCIL MINUTES STUDY SESSION May 12, 2022  City Council of the City of Ephrata, Grant County Washington conducted a Study Session on. May 12, 2022. The study session was called to opened at 7:00 p.m. by This meeting is also available remotely by phone using the ZOOM call in number and Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  Mayor Bruce Reim. City meeting ID.  members Kathleen Allstot, Kathleen Harris, Sarah McDonnell, City Attorney Katherine Kennison, City Clerk/Finance Director  Valli Millard, Matt Moore and Tony Mora  Staff Present:  Leslie Trachsler  Council discussed and reviewed the draft job description for City Administrator. Council member McDonnell will compile the recommended changes and forward to Council and attorney for their review and inclusion on the agenda for the regular meeting on May 18,  2022.  Study Session ended at 8:50 p.m.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    CITY COUNCIL MINUTES SPECIAL MEETING May 13, 2022  City Council of the City of Ephrata, Grant County Washington conducted a Special Meeting on May 13, 2022. The meeting was called to order at 7:02 p.m. by Mayor Bruce This meeting is also available remotely by phone using the ZOOM call in number and Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  Reim.  City meeting ID.  members Kathleen Allstot, Kathleen Harris, Sarah McDonnell, City Attorney Anna Franz, and City Clerk/Finance Director Leslie  Matt Moore and Tony Mora  Staff Present:  Trachsler  Authorize Execution of Agreement: Motion was made to authorize Mayor Reim to execute Separation of Employment Agreement and Release with Michael Warren. (m/s  Moore/Coe) Council discussion ensued, Motion carried. There being no further business meeting adjourned at 7:05 p.m.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    received 51522  SPECIAL EVENT PERMIT APPLICATION  City of Ephrata 121 Alder Street SW Ephrata, WA 98823 (509)754-4601 ph (509) 754-0912 fax  PERMIT APPROVED:  YES Date:  NO  Authorized City Signature:  1. Name of Event: Rotary Youth Parade 2. Setup Start Time/Date: 5:00 pm Event End Time: 7:00 pm  Date(s) of Event: June 9, 2022 Event Start Time: 6:00 pm Clean Up End" Time/Date: 7:30 pm  3. 4. 6.  Sponsoring Organization: Rotary Club of Ephrata 5. Event Coordinator/Primary Contact: Jennifer DeChenne Mailing Address: POBox714, Ephrata, WA 98823  7. Day Phone:  Cell Phone: 509)237-3366  8. Email: Oechemne@rommat.com Secondary Contact: 10. Is alcohol being served? IFYES, which one(s)?  Fax: Phone:  9.  YES  IYES include a copy of the State Liquor Permit.  11. Do you wish to utilize any City property, such as a park? YES  12. WIlI this event Include Food Vendors of any type? 13. Anticipated number of attendees? 300  YES >0  Ifyes, all vendors must apply for a Temporary Food Service Permit with the County Health District. Al list  of vendors is required to be submitted with the application.  THE PRIMARY CONTACT MUST LIST Al DAY OF EVENT PHONE NUMBER IF NOT LISTED ABOVE.  FOR OFFICE USE ONLY: Park & Rec. Community Development Fire  Code Enforcement Police Public Works  STAFF - INITIAL AND DATE UPON APPROVAL OR ATTACH MEMORANDUM WITH CONDITIONS.  PAYMENT AMOUNT: RECEIVED BY:  CASH CC CHECK; # DATE:  7    INDEMNIFICATION/ HOLD HARMLESS AGREEMENT IN CONSIDERATION OF BEING PERMITTED TO PRODUCE THIS SPECIAL EVENT OR ACTIVITY OR USE OF ANY CITY PROPERTY OR FACILITIES IN CONNECTION WITH THIS ACTIVITY, THE UNDERSIGNED APPLICANT ("INDEMNITOR") AGREES TO THE FOLLOWING: 1. THE INDEMNITOR HEREBY, AGREES TO RELEASE, INDEMNIFY AND HOLDH HARMLESS the City of Ephrata from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attorney fees to establish the City's right to indemnity or incurred on appeal) resulting from involvement ini this event whether caused by any negligent act or omission of the City or otherwise. This agreement shall not applyt to any liability resulting from the sole negligence of the City. 2. The INDEMNITOR agrees to reimburse the City for any loss, theft of, or damage to City property, 3. The INDEMNITOR agrees to comply with all applicable laws, statutes, ordinances, rules and requirements including, but not limited to, not admitting more attendees than designated by Fire 4. The INDEMNITOR expressly agrees that this release and hold harmless agreement is intended to be as broad and inclusive as permitted by Washington law and that if any portion thereofi is held invalid, 5. Falsification andlor misrepresentation in completing this application may result in rate adjustment or event cancellation. IUNDERSTAND THAT CHANGES TO THE ABOVE DETAILED PROGRAM the undersigned representative, have read the Special Events Application and the Policies and Procedures contained herein, and I am duly authorized by the event organzationbusiness to submit  equipment and/or facilities.  Department as safe for the particular event or facility.  notwithstanding. the balance shall continue in full legal force and effect.  REQUIRE IMMEDIATE NOTIFICATIONT TOCITY.  this application on its behalf. The information herein is complete and accurate.  APPLICANT:  Jemckr Declunne Blan Clabof Ephrafa  PRINT NAME  AUDHORIZED AGENT FOR  SIGNATURE OF APPLICANT:  9152 DATE  APPROVAL,    DENIAL OR NCLUSION OF RESTRICTIONS OR SPECIAL CONDITIONS OF USE  PERMIT IS ATTHE SOLE PISCRETIONOF THE CITY PURSUANT TO EMC 05.10. All applications Submit completed original application, along with required attachments to:  must be reviewed and approvedbefore a permit can be issued.  OFFICE OF THE CITY ADMINISTRATOR  CITY OF EPHRATA 121ALDER ST. SW EPHRATA, WA98823    ACORD  CERTIFICATE OF LIABILITY INSURANCE  DATE MIDONY) 05/03/2022  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIAICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. "SUBROGATION IS WAIVED, subject to the terms and conditions oft the policy, certain policies may require an endorsement. As statement on  REPRESENTATIVE ORI PRODUCER, AND1 THE CERTIFICATE HOLDER.  this certificate does not confer riphts to the certificate holder Inl fleus of such endorsemente).  PRODUCER 2850 Golf Road Rolling Meadows IL 60008 INSURED  ONCT Ali Sulita Ert: 1-833-3ROTARY ADDESS: rotary@ajg.com INSURERA: Lexington Insurance Company INSURERB: INSURER C: INSURERD: INSURERE: INSURERE:  Arthur. J. Gallagher Risk Management Services, Inc.  7AK AG.AESBBSIEANI  IMSURENSAFORDHO: COVERAGE  NAICE 19437  All Active US Rotary Clubs & Districts ATTN: Risk Management Dept. 1560 Sherman, Ave. Evanston, IL 60201-3698  COVERAGES R  CERTIFICATE NUMBER: 899307648  REVISION NUMBER:  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDIÇATED. NOTWWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH! RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWNI MAYI HAVE BEEN REDUCEDI BYI PAID CLAIMS.  TYPE OF INSURANCE A x COMMERCIAL GENERALI UABIUITY CLAIMS-MADE OCCUR Y X Liqvor Linblv. Incided GENL AGGREGATEI LIMITA APPLIES PER: POLICY SECT OTHER A AUTOMOBLE MABAITY ANY AUTO AUTOSONLY AUTOS ONLY UMBRELLALAB EXCESSUAB DED RETENTIONS WORKERS COMPENSATION ANDE EMPLOYERS UABILITY ANY OFFICERMEMBERI POPRICWPMTAERCAECUNA EXCLUDEO? (Mandatory) N) SCRIPTIONÇ OFOPERATIONS below  ADDLBUERI NSD wol POUCYNUMBER 015375594  VVER  XXP  LMTS $2,000,000  7/1/2021 7/1/2022 EACHOCCURRENCE  PREMISESELS DAMAGET TOT RENED occumence) $500 000 MEDE EXP (Anys one person) PERSONAL A ADVINJURY $2,000.000 GENERAL AGGREGATE $4,000000 PRODUCTS- -COMPYOP AGG $4,0000 000 BODILY INJURY (Perperson) BODILY INJURY (Pers accideny $ PROPERN cident) DMIIGE EACHOCCURRENCE AGGREGATE STATUTE IR ELE EACHACCIDENT ELOISEASE EAEMPLOYEES EL DISEASE- POLICYLIMIT s  LOC EDULED AUTOSO WNED ONLY OCCUR CLAIMS-MADE YIN NIA  015375594  7/1/2021 7/1/2022 COMBINED Ea eccident) SINGLELMY $2,000.000  NOT APPLICABLE NOT APPLICABLE  DESCRIPTION OFC OPERATIONS LOCATIONS VEHICLES JACORD 101, Addtionalf Remarks Schedule, may bee ettached mor spece le rqurd)  The Certificate Holder isi included as an additional insured where required by written contract or permit subject tot the terms and conditions of the general liability policy, but only to the extent bodilyi injury or property damage is caused iny whole ori in part by the acts or omissions oft the  insured.  CERTIFICATE HOLDER CITY OF EPHRATA 121 ALDER ST SW EPHRATAI WA 98823 ROTARY CLUB OF EPHRATA YOUTHPARADE. JUNE 9, 2022 ACORD 25 (2016/03)  CANCELLATION  SHOULD ANY OF THE ABOVE DESCRIBED! POLICIES BE CANCELLEDI BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELMERED IN  ACCORDANCE WITH1 THEI POLICYP PROVISIONS. AUTHORIZEDI REPRESENTATNE CpHh Sba  01986-2015ACORD: CORPORATION. All rights reserved.  The ACORD name and logo are registered marks of ACORD    I4D T -    City of Ephrata  May,12,2022  Department: Public Works Field Supervisor  past Activity  Cleaned the head works at the wastewater treatment facility. Hauled bio solids. Completed monthly sewer flushing and inspection. Clean storm drains. Monthly water testing. Daily well chlorine checks. Completed spring herbicide maintenance ofr roadway, started painting and crack sealing. Completed initial sweeping oftown. Started mowing of Parks and cemetery twice a week. Completed yearly service and inspection oft brush trucks. Numerous funerals, and as always responded to all City related calls.  Future Activity:  Clean head works at the wastewater treatment facility. Monthly sewer flushing. Perform daily Chlorine checks at all well sights. Monthly water testing, read meters and continue painting and crack sealing. Prepare cemetery for Memorial Day, prepare pool for summer operation. Finish application of herbicide and fertilizer in parks. Complete street signs in new developments and prepare for school bike rodeos. Regular scheduled maintenance on fleet vehicles. Regular spring scheduled Park, street, water, and wastewater maintenance, and as always respond to all City related  calls.  Budget Concerns: Other Issues: Christian Roeder Public works field supervisor  Continue to monitor closely  Continuing to maintain social distancing! And follow health department Covid protocols.    City Council Report Parks and Recreation  EPHRATA PARKS & RECREATION PAST ACTIVITY: I. Parks Commission: a. April meeting held 2. Recreation/Communiy Programming:  May11,2022  a. Sam' 's Dance class, Cheerleading, Tiny Tots, Tumbling, Tonification, and Zumba continues  b. Begin selecting movies, sponsors, and dates for summer series C. Place ads for bands for summer concert series at Rock Park d. Provide administrative support for the Department e. Working with AHBL for six-year comprehensive park plan  3. Parks:  a. Water on b. Mowing  Spraying and fertilizing  4. Public Relations/Tourism:  a. Attend Chamber ofCommerce meeting b. Attend Sage N Sun planning meetings  5. Special Events:  a. Rotary Youth Parade b. Sage and Sun Fun Run Sage and Sun Event  6. Recreation Supervisor:  a. Assisting phone in utilities customers  b. Working with school district for summer BOLD program with SEEK funding Preparing summer programming including BOLD: and Flag Football d. Mailed letters to returning Splash Zone employees and interviewing new applicants  7. Splash Zone:  a. Installation of new pool liner by RenoSystem 0. Set opening/closing and in-service dates d. Set up Lifeguard Training classes  Mailed letters to returning and new Splash Zone employees and sent no hire letters  Park maintenance replacing grating around the pool Preparing for Vision to set up new computers, printers, and router  FUTURE GOALS/ACTMVITY: 1. Continuing administrative duties 3. Develop aj park reservation system 4. Develop tree replacement program  2. Continuing to work with and support various community groups    SBAVERY. ST EPHRATA Proud to Serue RERA-N C  &  Ephrata Fire Department  Council Report April Incidents Fires Emergency Medical Call Hazardous Condition Service Call Good Intent Call Fire Alarm & False Call Total April Calls #C Overlapping Calls Total Calls for the year Total Man Hours on Scene  5 21 1 1 8 4 40 3 171 101:01 Hours  Wildland Refresher Classroom Multi Company Ops conducted April 16 Repair water way seal on ladder truck Presented at St. Rose Staff meeting Weekly fire department training Weekly command shifts  Attended MACC meeting for Fire TAC, Board Meeting, Finance Committee Attended meetings for Grant County Hazard Mitigation Planning Attended water meetings with Gray & Osborne, and city staff  Jeremy Burns, Fire Chief    DATE:  May 12, 2022  Department: City Clerk/Finance  Past Activity  Continue to support other departments and commissions Monthly duties as assigned Working on 2021 Annual Financial Report Assisting as needed on Grant County Landfill Remediation Attend EWFOA Conference in Spokane Reported to US Treasury as required for SLFRF Funding Attend Council Retreat Prepared Draft job description for City Administrator  Future Activity  Normal monthly duties Monthly Balancing of all financial transactions Prepare and submit monthly tax reports Monitor revenues/expenses of the City Monitor Budget Attend all Council Meetings Initiate Legal Publications as required Provide and monitor requests for Public Records Monitor Records retention/destruction Address Human Resource issues Support staff in their daily operations Support City Administrator Monthly Civil Service Commission meeting Attend LEOFFIDisability. Board monthly meetings Continue work with attorney/consultants on Landfill Remediation 2021 Annual Financial Report review with 20 Council members Submit 2021 Annual Financial Report to SAO Apply for grant from State Archives for Records Preservation  and) Mayor  Budget Concerns Other Issues  Monitoring closely vendor demo's the end of! May  Will be evaluating RFP's for comprehensive financial software    City of8 Ephrata Department of Planning and Building Permits Issue Issue Date Owner  Apr-22  Permit Parcel  Contractor Location  Work Done Valuation SFR  Fee (less State Fee)  21-168 141105000 4/12/2022 Home Master Home Master 431 Strand 22-055 140697243 4/7/2022 Armando Farias HiLine Homes 2397 Chelan SFR 22-068 131091000 4/5/2022 Cathy Arlantico Cathy Arlantico/59FSE 22-071 131391000 4/13/2022 Don Rogers Don Rogers 61DSE  $275,000.00 $400,000.00  $7,030.44 $7,355.53 $588.04 $128.50 $51.31 $74.25 $12.85 $40.60 $303.43 $74.25 $62.85 $12.85 $113.05 $62.85 $0.00 $62.85 $12.85 $62.85 $62.85 $62.85 $62.85 $16,237.90  bathroom Cd $56,000.00 Window inst $3,000.00  Ephrata Plumbing  520 Nat Wash Way  22-077 140644000 4/6/2022/St. Rose 22-079 130546000 4/6/2022/Parker  sink  $1,310.10 $11,168.88 $5,000.00 $1,000.00 $30,000.00 $7,208.60 $18,100.00 $10,000.00 $4,200.00 $5,000.00 $0.00 $5,000.00 $3,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $854,987.58  Josh & Corinne  Basin Refrig. 110 Maringo Rd HVAC  22-081 140124766 4/1/2022Tyler Hamberg Tyler Hamberg 9095 5th Ave NE Fence 22-082 140124766 4/1/2022/Tyler Hamberg Tyler Hamberg 909 5th Ave NE Irrigation 22-086 131415000 4/15/2022 John Thoren Lakoduk Const. 36 Crest Dr. Add.  Bathroom HVAC Fence  Erik & Connie  22-087 131355000 4/22/2022 Clausen  Basin Refrig. 154GNE Guardian  22-089 130143000 4/12/2022 Northland Cable Roofing  801 Fairview ReRoof  22-090 140124756 4/13/2022 Jamie Hines Cortez Fencing 906 6th NE  Kim Randolph  22-091 130302000 4/19/2022 Meaney 22-092 140285000 4/14/2022 Marty Baker Roofing 22-093 140068000 4/17/2022 Grants Midstate Midstate 22-094 140012004 4/19/2022 John Kinnard Roofing 22-095 131624016 4/20/2022 Julie Houck Julie Houck 3335 5ths SE 22-096 131080000 4/28/2022 JerryVertrees Roofing 22-098 131119000 4/28/2022 Buckingham Roofing 22-099 130808000 4/28/2022 Kurtis Wood Roofing 22-100 140341000 4/28/2022 Brad Stubbs Roofing  Marshall Signs 224: 1stN NW sign  Heavenly Grants Heavenly Heavenly Heavenly Heavenly Heavenly  1242 Cottage Se ReRoof 256ANE 205 Nob Hill ReRoof 36DSE 72FSE 150ESW 3467SW  DEMO Fence ReRoof ReRoof ReRoof ReRoof  Glen    DATE: May 18, 2022 ITEM: Ordinances & Resolutions  SUMMARY  1. Ordinance 22-06 - Vacate portion of Smith Avenue 2. Ordinance 22-07 - Amend 2022 Budget 3. Resolution 22-05 - Adopting City Administrator. Jobl Description  BUDGET. IMPACTS  1. $3,250.25 2. $105,000.00 3. N/A  RECOMMENDATION Staff recommends acceptançe and approval of alll Items.  ENABLING ACTIONS Motion to Authorize, Confirm, or Approve and Accept All Items.  lfy you have any questions, concerns, or require additional information; please contact me  prior to the meeting.    UPHHV  CITYOF EPHRATA STAFF REPORT Mayor and City Council Mike' Warren, City Manager May 12, 2022 Ordinance  To: From: Date: Proceeding Type: Subject:  Danielleavit-CommuniyDevelopment Director  Ordinance to vacate a portion of Smith Avenue Legislative History: April 20, 2022- Public Hearing May 18, 2022 Motion  First Presentation: Second Presentation: Requested. Action:  Staff Report Summary: Attached is a request from Jose Valle to vacate an unimproved portion of Smith Avenue. The areai tol be vacated is 50' wide and 204.75 feet long, or 10,237 square feet. Background: The subject portion of Smith Avenue was dedicated to Ephrata with the recording of the Lee Addition and Orchard Park Addition plats. Each plat dedicated one-half of the: street.. A public hearing was held on April 20, 2022 to consider vacating the unimproved portion of Smith Avenue. At the hearing, one neighboring property owner expressed concern over losing access to the lower half of his property. Staff has reviewed the plat where the neighboring property is located as well as the Orchard Park Addition plat and found that the City has no obligation to Financial Implications: The assessed value of the land adjacent to the proposed street vacation, as shown on the Grant County GIS website, is$$1.27/squaret foot. Staff believes that a sale price of % of the assessed value of the property is fair compensation. RCW 35.79.030 states that the City may require compensation that does not exceed thet full appraised value of the area vacated. Staff Recommendation: Council should vacate thei full width of the unimproved portion of Smith Avenue and sell the half that was dedicated with the Orchard Park Addition plat to Jose Valle for $3,250.25. The City will retain ownership of the half of the vacated portion of Smith Avenue that  provide access toi the neighboring property.  Pageiof2    was dedicated to the Cityv with the Lee Addition plat. At some future date the City can deem the unsold portion as surplus property and sell it. Vacating the entire width of Smith Avenue can  result inl Mr. Valle's property no longer being a corner lot.  Options  Option  Result  Approve the request to vacate an  Mr. Valle would be able to increase the size  unimproved portion of Smith Avenue and of his existing lot to have room to build a  sell half oft the vacated portion to Jose Valle detached shop.  for $3250.25 Take no action. Attachments A. B. C. D  Smith Avenue remains unchanged.  Aerial map of proposed area to be vacated Ordinance 22-06 Vacating aj portion of Smith Avenue  Letter from. Jose Valle  Letter from Keith and Arlene Kalanquin  Legal Review  Thei following document is attached and: subject to legal review:  Date Reviewed  Type of Document Ordinance  Title of Document  An Ordinance vacationa a portion of Smith. Avenue in the City 4/13/2022  of Ephrata  Page 2of2    Portiono of Smith Avenue tc be vacated  ATTACHMENTA A    ORDINANCE NO. 22-06  AN ORDINANCE VACATING A PORTION OF SMITH AVENUE IN THE CITY OF EPHRATA, WASHINGTON  THE CITY COUNCIL OF THE CITY OF EPHRATA, WASHINGTON DO ORDAIN AS  FOLLOWS:  Section 1. Recitals. A.  Pursuant to RCW Chapter 35.79, the City Council of the City of Ephrata adopted Resolution 22-03 on March 16, 2022, calling for the vacation ofaj portion of Smith Avenue as dedicated on the plats of Orchard Park Addition and Lee Addition to Ephrata, Washington, as recorded in the Grant County Auditor's Office, Grant  County, Washington and further described as follows:  A 25-foot wide portion of the south side of Smith Avenue running 204.75 feet West from the East boundary of Orchard Park Addition adjaçent tol Block 7, Orchard Park. Addition to Ephrata, Washington as filed at the Grant County. Auditor'sOficein! Ephrata, Washington, A 25-foot wide portion oft the north side of Smith Avenue running 204.75: feet West from the East boundary ofLee Addition adjacent to the park located in Lee Addition Ephrata, Washington filed in Volume 1, Page 41 of Plats at the Grant County Auditor's Office in  and;  Ephrata, Washington. conducted aj public hearing.  B. The City ofEphrata, after duly providing noticei in accordance with RCW35.79.020, C. No objections to the vacation from abutting property owners havel been filed with the Section 2. Vacation. The City ofEphratal hereby vacates the following portion Smith Avenue: A 25-foot wide portion of the south side of Smith Avenue running 204.75 feet West from the East boundary of Orchard Park Addition adjaçent to Block 7,0 Orchard Park. Addition to Ephrata, Washington as filed at the Grant A25-foot wide portion of the north side of Smith Avenue running 204.75 feet West from the East boundary of Lee Addition adjacent to the park  City.  County Auditor's Office in Ephrata, Washington, and;  ATTACHMENTB    located in Lee Addition Ephrata, Washington filedi in Volume 1, Page 41 of Plats at the Grant County Auditor's Office in Ephrata, Washington.  Section 3. Compensation. As a condition of vacation and prior to recording, the private owner oft the real property located in the Orchard Park Addition sO vacated shall pay tot the City of Ephrata the sum of$ 3250.25, being one-half the appraised value of said vacated premises, within  120 days of the date hereof.  Section4. Recordation. The Clerk shall record a certified copy ofthis Ordinancei in the office ofthe Grant County. Auditor afteri its publication. Costso ofrecording shall bei thei responsibility ofthe private owner of the property vacated and must be received before recording oft the ordinance. Section 5. Effective date. This ordinance shall take effect five days after adoption, recordation, and publication by summary. Ifthe condition oft transfer as set forth in Section 3 isnot completed within one hundred twenty (120) days oft the passage ofthis Ordinance, this Ordinance  shall be null and void.  PASSED by the City Council ofthe City ofEphrata, Washington, this 18th day ofMay, 2022.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk/Finance Director  APPROVED AS TO FORM: Katherine L. Kenison, City Attorney PASSED the 18th day of May, 2022. APPROVED the 18th day of May, 2022.  PUBLISHED the  day of May, 2022.    Dear Mr. Warren,  Ihope this letter finds you well. My name Is Jose Valle, my family andIreside at 1206 Thurston Street Southeast (Parcel #140297000) here int the City of Ephrata. lam writing this letter in hopes that you can assist me with ani issue that has raised while we tried to build a shop on our property. The propertyi is composed of two lots; one is where the house is located, and the other is where wel hope to be able to build our shop. Ireached out to Mr. Cox and Mr. Leavitt about what was required to be able to go forth with our plans and in doing 50 we found that the land between my property and Lee Park is zoned as a street. This was done when the development was first built. This is where thei issue came to light. According tol Mr. Leavitt and Mr. Cox, the vacant piece of land being zoned as as street requires a 45ft offset on that side of my property. Thel building code: states 30ft offset from center line of roadway and an additional 15 feet setback foral bullding. Our hopes were to be able to build a 301 by 40-foot shop on our second lot, but with this regulation we cannot build anything bigger than a storage shed.I Iwas offered a variance that changed the 15ft set back to 25% which would give us a grand total of4 41ft set back, but would still not allow us to accomplish our goal. Another option Mr. Leavitt offered me was to gol before the City Council and ask to remove the dediçation to this piece of property as a street. This would allow us to build our shop up against our property line. To do sO we would have top purchase roughly 10,890 square feet of property at an estimated: $1.90 a square foot. Bringing the total to ar rough estimate ofa about $20,961.00. On top oft that, we would have toj pay the surveying expense of about $4000.00 to $5000.00 dollars. This would be equal to about $25,000.00. On top of that, we then would Ini the 10 yearslhave! been at this residency, thave never seen the city maintain that gravel road/vacant lot. The property is not being used by the cityi in any way. iti isad dead-end for Smith Avenue and leads to the property boundary of the nelghbors behind us. In the time we been living here,lhave taken the initiative ofr maintaining the section that borders my property, the city has never done so. Everyyear Imust address the noxious weeds that grow in this areal by applying herbicide to keep them at bay and out ofr my property. All the garbage that people leave behind while walking up and down that stretch of land ends up on our property. It'sa constant fight to prevent our pets and our children from getting into something that would harm them. On another note, lam sure you are fully aware of the amount of criminal activity that happens in this neighborhood. That road is used by many nots so outstanding citizens to travel between the Swanson edition and the Hilltop Avenue area. They constantly trespass through the upper section of our property and the nelghbor'sproperty to get to that gravelwallwayvacant lot. If we were to build the property, we would fence the area to deter the aforementioned foot traffic. Also, the construction of our shop willi increase the assessed property taxes, which brings more revenue for the city through the New Construction Money recelved from the county. All the above mentioned leads me to believe building a shop is in the best interest of both parties. Inconclusion, lam presenting two options. The firsti is that the City of Ephrata remove the zoning for the vacant land as a street without us having to purchase it. This would be the preferred way toa approach the matter. Ift that Is not something the city is willing to do, we are willing to look at the alternative option of purchasing the property at a more reasonable price. Ibelieve $5,000.00is at fair amount to pay for the property! Ihave been maintaining for the past 10 years. That would give us a good buffer to cover the surveying fees. Ihope we can reach an agreement so we can proceed with our plans of building as shop. Iwille enclose a copy of Grant County Assessors mapi inl hopes that it willl be easier to understand what l'ami trying to accomplish. Attached is my contact information. If you have any  have to pay about $50,000.00 to $60,000.00 to bulld the shop.  ATTACHMENTC    question or concerns, please don't hesitate to reach out to me. We look forward to yourr response,  thank yout for your time and wel hope youl have a wonderful holidays season.  Sincerely,  3osE Valle  Email Josevalle vd@hotmail.com Phone 15093980372 Address 1206 Thurston Street Se Ephrata, WA98823    To: City of Ephrata Daniel Leavitt  April 27,2022  Community Development Director  Sir,  Youwill recall that lattended the April 22, 2022 Public hearing to discuss "Vacating a porting of Smith Avenue in Block 7". My wife andlown Lot 6i ini the Sand Heights Plat (605 Hilltop Dr). During the meeting, my closing statement was thatlpreferred to continue tol have access to Ihave spent considerable time since that meeting reviewing that statement. The discussion the council members had of making the vacating two parcels left many questions and the: subject was tabled. My present thought on the subject is that whatever you do with the Smith Avenue will only cause us to do things differently. Vacating that portion of Smith Avenue as a single piece of propertyi is the only thing that makes real sense and has value to the community.  our west line via Smith Avenue.  Sincerely,  Ifdth my Kalegcn  Kieth & Arlene Kalanquin Mailing Address 159 Basin St SW, PMB: 195 Ephrata, WA  denikalergn  ATTACHMENTD    CITY OF EPHRATA STAFF REPORT  To: From: Date: Proceeding' Type: Subject:  Mayor and City Council Mike Warren, City Administrator Leslie Trachsler, Finance Director Christian Roeder, Public' Works Field a Supervisor  May9 9, 2022 Ordinances and Resolutions  Ordinance 22-07 Amending the 2022 Budget  Legislative History: May 18, 2022 N/A Council Motion  First Presentation: Second Presentation: Requested Action: Department  Staff ReportSummary: To amend the 2022 Budget and add an additional FTE to the Public Works Discussion/Analyss: In anticipation oft thet future needs at the Wastewater Treatment Facility (WWTF) and the requirements necessary by the Department of Ecology to be a WWTF plant operator, it is imperative to begin that training process now. The City's plant requires a Group III operator's license which is a progressive process and takes 4 years to obtain. This budget amendment adds one additional FTE to the Public Works Wastewater Treatment Facility. The current operators are 30+ year employees with the City. They are devoted and dedicated to the: smooth operation of the plant and understand the need to begin this training process. Additionally, with the planned upgrades to the plant is the perfect Staff Recommendation: Council approve and adopt Ordinance 22-07-Amending the 2022 Budget.  opportunity for a new operator to learn the operations from the ground up.  Financial Implications: $105,000.00  Attachments: A. B.  Ordinance 22-07  WAC173-230-250- Operator Certification Requirements  Pageiof2    Legal Review  Thet following documents are attached and subject to legal review:  Date Reviewedby Legal Counsel  Type ofD Document  Title of Document  N/A  Page2of2    ORDINANCE NO. 22-07  AN ORDINANCE OF THE CITY OF EPHARTA, AMENDING THE 2022 BUDGET AS ADOPTED BY ORDINANCE 21-15, ORDINANCE 22-03 AND ORDINANCE 22-05 INCREASINGTHEESTMATEDREVENUESDURINGTHECALENDARYEAROF2022 ANDAUTHORIZINGTHEEXPENDITUREOFSAIDFUNDSASAUTHORIZEDBYRCW THE CITY COUNCIL OF THE CITY OF EPHRATA, WASHINGTON DO ORDAIN AS Section 1: Budget Ordinance No. 21-15, 22-03 and 22-05 adopting the 2022 Budget is hereby amended by increasing the estimated revenues, beginning fund balances, and authorizing the  35.33.121(4). FOLLOWS:  expenditure of said funds, such funds being set forth as follows:  424-WATERSEWER FUND Revenue: Expense:  $105,000.00 $105,000.00  Section 2. This Ordinance shall become effective five (5) days after passage and publication as PASSED by the City Council and approve by its Mayor this 18th day of May, 2022.  required by law.  Mayor, Bruce Reim  ATTEST:  City Clerk, Leslie Trachsler  Ord22-07    APPROVED ASTO FORM:  Katherine Kenison, City Attorney PASSED the 18th day of May, 2022 APPROVED the 18th day of May, 2022 PUBLISHED the 19th day of May, 2022  Ord 22-07    WAC 173-230-250 Education and experience requirements for Groups I through IV certifications. (1) Applicants must meet the following (2) Groups I through IV education, operating experience require- (a) Operating experience must be gained by working under the di- (b) Up to half of the operating experience for Groups II through IV, listed below in Table 2, can be substituted with relevant experi- ence. (c) Relevant experience is work that does not meet the definition of operating experience, but can be used to substitute for operating  education and experience requirements.  ments, and allowable substitutions include the following: rection or supervision of a fully certified operator.  experience, and includes, but is not limited to: (i) Wastewater collection system operatori (ii) Wastewater pump station operatori (iv) Water treatment plant operatori (v) Environmental or operations consultant;  (iii) Water distribution system operator and/or manageri (vi) Wastewater treatment plant designer and/or builder; or (vii) Other relevant experience will be considered on a case-by- case basis with a written description of the duties performed on the  job by the applicant. cess of the required  must be  ex- in  (d) Education substituted for operating experience  education  cannot and Table 2  used for both the educa-  be  tion requirement and substitutions.  Operator Certification Requirements and Substitutions  Operator Certification Requirements and Substitutions  Relevant experience substitutions allowed for operating experience None  Education substitutions allowed for operating experience None Upto67.5 relevant credits/ 6months CEUS  Required operating experience  Certification level Group I Group II Group III  Required education High school High school High school and 2 years of college (90  Substitutions allowed for education One year of relevant lyear year of education through twelfth grade One year of relevant 3 years year of education through twelfth grade Up to 41 years of experience: lyear of excess for the first 45 credits/ CEUS 3 years ofe excess operating experience for the last 45 credits/ CEUS  diploma or GED experience for each diploma or GED experience for each diploma or GED excess operating credits or CEUS) operating experience  Upt to lyear of and relevant experience relevant experience  4years, with at Upto 901 relevant Upto25 years of  least 2 years ata credits/CEUs Class II or higher plant  Certified on 10/25/2019  WAC 173-230-250  Page 1    CITY OF EPHRATA STAFF REPORT  To: From: Date: Proceeding Type: Subject:  Mayor and City Council Mike Warren, City Administrator Leslie Trachsler, Finance Director May 16, 2022 Ordinances and Resolutions  Resolution: 22-05 Adopting City Administrator. Job Description  Legislative History: May 18, 2022 N/A Council Motion  First Presentation: Second Presentation: Requested. Action:  Staff Report Summary: Revise and update toj job description for City Administrator position  Discussion/Analyss: Council conducted a study session to update the job description for the City Administrator position along with the invitation to apply. This document is still being worked on and will bet forwarded to Council for consideration once all the revisions have been incorporated.  Staff Recommendation: Council approve and adopt Resolution 22-05 Adopting a Job Description for the  City Administrator Position.  Financial Implications: N/A  Attachments: A.  Resolution 22-05  Page 1of2    Legal Review  The following documents are attached and subject to legal review:  Date Reviewed by Legal Counsel Under review  Type of Document JobDescription  Title of Document  CITYA ADMINISTRATORI JOBI DESCRIPTION  Page 2of2    RESOLUTION NO.: .22-05  A RESOLUTION OF THE CITY OF EPHRATA ADOPTING A. JOB DESCRIPTION FOR THE CITY ADMINISTRATOR POSITION  WHEREAS, the City Council of the City of Ephrata desires to adopt aj job description for NOW,THEREFORE, BEITI HEREBY RESOLVED by the City Council oft the City of  the city administrator position. Ephrata, Washington as follows:  1. hereby adopted. 2022.  The job description for the position of City Administrator as attached hereto is ADOPTED by the City Council of the City of Ephrata, Washington, this 18th day of May,  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk/Finance Director  City of Ephrata, Washington Resolution No. 22-05    DATE: May 18, 2022  ITEM: Item for Council Consideration . Assessment of City Parks 2. Professional Services Agreement  SUMMARY  BUDGETIMPACIS  1. $7,461.00 - from current budget 2. Invoiced hourly on an as needed basis  RECOMMENDATION Informational  lfy you have any questions, concerns, or require additional information; please contact me  prior to the meeting.    F PHEO  CITY OF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, City! Manager May11,2022 Council Information Assessment of city parks Legislativel History: May11,2 2022 n/a Information to City Council  To: From: Date: Proceeding Type: Subject:  Traci Bennett- Director of Community Services  First Presentation: Second Presentation: Requested Action:  Staff Report Summary: OnMay 1, 2022, the city insurance carrier, Clear Risk Solutions conducted a park structure and equipment assessment. Public Works Supervisor accompanied risk manager Discussion/Analyss: During the assessment Public Works Supervisor noted all action items needed in each park. Each park will require some work, most of which will be completed by Parks and Public' Works staff. The playground. structure at the pool required ordering a new cargo nett to keep the equipment inc compliance. Engineered woodi fiber safety surfacing was ordered for many parks for placement under playground equipment. New signage willl be orderedi fort the: skate park. At Lions Parki it will be necessary to remove one swing set and one old plays structure. Staff Recommendation: Work to be completed in house and with minimal budget impact. The completion of the six-year comprehensive plan in addition to the newi impact fees will allow ust to  toall cityp parks.  plan park needs for thet future. Financial Implications: +$7,461.00  Page elof1    ECEEPEEAV  CITY OF EPHRATA STAFF REPORT Mayor and City Council, Leslie Trachsler, Finance Director May 18, 2022 Council Consideration Consulting Service Agreement Legislative History: May 18, 2022 Informational  To: From: Date: Proceeding Type: Subject:  First Presentation: Requested Action: Summary  Western Pacific Engineering & Surveying (WPES) provides professional consulting services consisting of planning consulting, construction inspections, and plans review.  Background  With the resignation of the Community Development Director, this agreement, or one like it, would provide interim planning services needed until a replacement is hired. WPES also offers building inspection services which would provide additional support to the  building department for construction inspections and plan reviews.  Staff Recommendation  Council consider if they are interested in this type of an agreement for planning  consulting, construction inspections and plans review.  Pageiof2    Attachments  A. Consulting Services Agreement  Legal Review  The following document is attached and subject to legal review:  Date Reviewed byL Legal Counsel  Type of Document Agreement  Title of Document  Consulting Services Agreement  Page2of2    ENGINEERS SPECIALINSPECIORS PLANNERS SURVEYORS WESTERN PACIFIC ENGINEERING & SURVEY  WESTERMPACIFCPLALA 12245. PIONEERWAY MOSESIAKE, WASHINGTON98837 OFFICE:(509)7 765-1023  May 12,2022 City of Ephrata Attn: Honorable Mayor 121 Alder St. SW Ephrata, WA 98823  Consulting Services : Planning, Plans Review & Inspection Services  This agreement is made this The parties hereby agree as follows:  day of  202_ between TERRA DEVELOPMENT  SERVICES, d.b.a. WESTERN! PACIFIC ENGINEERING & SURVEY, INC., ("WPES"), and the City of Ephrata, Washington, ("Municipality") fora andi in consideration ofther mutuall benefits tol be derived hereby. Assumptions: 1. WPES will provide services to the municipality on an as needed basis as directed by  the City ofl Ephrata. The reviews will encompass those available services that WPES 2. The effective date of this contract will be effective upon signed approval of the Municipality. New service rates will become effective as addressed in other sections 3. The term oft this agreement shall be fora a period of(I) one year commencing on the date this Agreement is signed, subject to the terms for termination addressed in the standard and extended terms, conditions and provisions at the end of the contract. Automatic renewal ofthe contract is assumed for each year absent notice of one party 4. The termination of one portion of services shall not preclude the Municipality of coordinating work effort for other portions ofservices not subject to thet termination. Termination notices, regardless of reason, should specify what portions of services are! being terminated. The remaining services noti included in the notice: shall continue 5. WPES shall perform the Services in ai manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. WPES makes no warranties, expressioni iaplied, under This agreement is considered the original agreement for establishment ofthe original 7. Aworking dayi is considered: av wekdayofMonday through Friday betweent thel hours of8:00 a.m. - 5:00 pm. After hours are considered those hours outside 8:00 a.m. - 8. This agreement is subject to the terms and conditions contained within the terms, conditions and provisions at the end ofthe contract, except as otherwise provided in the assumptions, scope ofservices ofother sections oft the agreement.  isa authorized to complete, per thel Municipalities adopted codes.  oft this Agreement.  tot the other.  without cancellation.  this Agreement or otherwise, in connection with the Services.  fees agreed upon. 5:00 pm. And weekends.  DDU.DUIS.  1    9. WPES is not obligated to perform services beyond what is covered under this agreement. Changes and additions to the scope of work shall be done in writing and 10 The municipality shall provide, in a timely manner, all data information, plans, specifications, and other materials required to perform the scope of serviçes. The municipality is the responsible party for all final discretionary decisions relating to building codes, appeals and final decisions oft thel Building Official. 11 Subject to standard terms, conditions and general provisions, a (60) sixty day written notice is required for either party to cancel the Agreement. Upon cancellation, Municipality shall pay WPES: for all authorized work performed upt to the termination date, included but not limited to, costs related to the reassignment of personnel, 1. WPES will perform planning consulting, plan review and inspection services for the municipality. The reviews may encompass foundation, structural, plumbing, mechanical, life safety and accessibility compliance and energy code provisions. 2. WPES: is able toj perform othernon-standard. inspection services related to stormwater and drainage, landscaping, parking lots, on and off site roadway infrastructure, materials testing or other matters that are not included as Washington adopted 3. The work effort may require review ofboth residential and commercial plan review 4. Prepare project valuation based on current ICC valuation tables as published by the International Code Council (ICC). This information will be used to determine plan review fees. Thel Building Official shall prepare the final valuation used to determine any permit fees. Agreement to basis and questions shall be addressed with the 5. WPES will perform plan review and inspection services for the municipality on changes that have been made to the plans. The reviews may encompass the full Planning service reviews that may be completed as part ofthis contract include:  shall include fee estimate.  subçontract termination costs, and related closeout costs.  Scope of Services:  WSBCC building codes. andi inspection services.  Building Official.  breadth of serviçes addressed in (1) above.  PLANNING CONSULTING  B General Planning Consulting Services B Plats/Short Subdivisions/Major Subdivisions R SEPA Compliance B Comprehensive Plans /Zone Change B Variance Requests R Vacations B Waivers /Deferrals /Deviations R Conditional Usel Permits B Discretionary Use Permits B Planned Unit Developments B Staff] Report Preparation  B Boundary Line Adjusment/Segregation/Comsolidation PlanReview  B3 Public Meetings Presentation & Representation  LUDLUIDS  2    7. Inspection services that may be completed as part ofthis contract include:  CONSTRUCTION INSPECTION  B Setbacks B Footings B Foundation Stemwall B Wall Steel (Rebar) B Underfloor Framing B Shear Wall Nailing B Rough Plumbing B Underground Plumbing B Rough-In Mechanical (flues, vents, exhaust) B Gas Piping (Mech.) B Clearance To Combustibles B Rough Framing B Insulation B Sheetrock Nailing/Drywall B3 Whole House Vent R Energy Code Compliance (Certificate Posting) B3 Duct Leakage Affidavit Posting B Fire-resistant Penetrations B Final Plumbing B Final Mechanical B Final Inspection  B Post Holes for Decks/Covers Prior To Concrete  Inspection services not part of this contract would include; Underground electric, rough electric or final electric inspections which is assumed to be completed by the WPES will perform inspections or, alternatively, administer a program requiring written engineering approval of the footings and wall steel (Engineer stamped letter) and written surveyor's approval of the setbacks (Surveyor stamped letter). Setback verification is the ultimate responsibility of the municipality. WPES will verify property lines are strung and check other setback requirements, as requested by the municipality as a courtesy. This service is understood be a courtesy only, upon written request of the Municipality, upon written request however accuracy of property markers, string lines, other methods of setback or property lines are the 3. Plans Review services that may be completed as part oft this contract include:  Washington Statel Department ofLabor and Industries.  responsibility of the permit holder/property owner/applicant.  YES  CONSTRUCTION PLANS REVIEW  B Commercial Plans Review B Structural Plans Review B Residential Plan Review  BIL  3    9. Deliverables shall bes sent electronically only to the Municipality.  Fees for services performed shall be based on actual hours worked and shall be considered all inclusive, meaning that no: separate billing will bei incurred by the Municipality for mileage or vehicle expenses.  Fee Structure:  1. This section oft the agreement will provide for the fee structure that will be provided for this service agreement. In cases of ambiguity, where payment of serviçes are not clear, written agreement shall be established prior to execution of work. 2. Fees shall be adjusted by written notice (1) one time every (1) one years to reflect increases in costs for services and shall bei included as an addendum to the existing contract in effect. Notice shall bes sent to the Municipality.  Feel Basis Subject to Stipulations:  1. Planning Services - Evening Work  It is assumed that some evening work will be required for representation and public meetings. Work will be billed at the standard hourly rate of pay for these typically scheduled meetings and not subject to after hours fees. Atypical meetings that arei not regularly scheduled meetings, study sessions and executive session participation will Iti is assumed that Senior Staff will complete the review of the planning content only and that Junior Staff will provide administrative support through compiling, scheduling, preparation of exhibits, processing and other similar support to Senior Duringi initial review, WPES will determinei ifay project requires Structural engineered review services. Ifthel Municipality determines that WPES is to provide subsequent review, these fees will be billed at actual cost and may be billed directly to the applicant by Municipality. WPES may require written authorization prior to The first re-review ofc corrections completed from the original plan review letter will noti incur additional charges. This assumes that plans have not significantly changed and that the review is merely to confirm that corrections have been made from the original planset. Changes to approved plans or review ofadditional information that was not previously submitted for review, will be billed an additional fee: at the hourly Project valuation used' to determine building permit fees shall be based upon the current ICC valuation tables published by thel International Code Council to determine plan review fees. Final valuation used to determine permit fees shall be determined Portal tol Portal shall mean the time tracked will include travel time from WPES office or last location (whichever is closest) to the municipality or project location and back  bel billed at the after hours bill rate for planning consultants.  2. Planning Services Staff  Staffonly. 3. Commercial Plans Review:  performing engineers review. 4. Commercial Plans Review:  dates above. 5. Commercial Plans Review:  by the Municipalities Building Official.  6. Inspection Services: 7. Minimum Hours:  to the' WPES office or next location (whicheveri is closest).  Commercial Plan Review are not subject to minimum hours worked and will  bel billed to the nearest  ofa an hour,  JUU    Residential Plan Review are subject to a minimum 3-Hour fee for single family, duplexes and Townhouses. Alterations and repairs will then bel billed After Hours/Weckend. Inspections are: subject to actual hours worked with no Planning Consulting services are not subject to minimum hours worked and Changes that are made to approved plans, additional information that requires review and alterations made for the! benefit oft the project will bel billed at the hourly rate with Int the event that plan review has been cancelled or 60working days after the first plan review letter requesting the additional information, whichever comes first, the full plan review shall be billed in full. See Plans Review Scheduling #4 for additional 1. Planning service scheduling are subject to the agency timelines established for the type of action being reviewed and that statutory requirements for response by the municipality. A defined schedule shall be established to assist in typical processing needs with thel Municipality: and shall bei incorporated into the contract by attachment, with thei intent to afford adequate time for thel Municipality toj process the documents 2. WPES will schedule and perform planning review services during normal business hours. Plans review start date for performance will be considered the full business day after receiving the plan set and when all items tol be reviewed havel been received 1. WPE will make every effort to accommodate the timelines of the submittal 2. AI minimum of241 hours' lead-time is required to guarantee availability. WPES will make every effort to work with the municipality fori inspections requested in less 3. Inspection services provide a scheduling concierge between 8:00 a.m. - 5:00 p.m. to  at thel hourly rate with no minimum.  minimum.  will be! billed tot the nearest % of an hour.  8. Changes to Approved Plans: no minimum hourly charge.  9. Abandoned/Suspended/Canceled Plans Review Fees:  information.  Planning Scheduling:  accordingly.  by thel Municipality. departments and the client. than the minimum lead-time. assist in scheduling needs.  Inspection Scheduling:  Plans Review 1. Plan review schedule are established below. Plans review shall begin on the first  Scheduling:  full working day, after receiving the initial request. Residential Projects 5working days or less  2. Project Type:  1"Comment  "Comment/Final 51 working days or less  Multi-Family Projects 10 working days or less 5 working days or less  Small Commercial Projects Large Commercial Projects Other  10 working days or less 5 working days or less 15 working days or less 10 working days or less  As Agreed Upon  As Agreed. Upon  3. WPES will: schedule and perform plan review serviçes during normal business hours. Plans review start date for performance will be considered the full business day after  MACLUIDL    receiving the plan set and when all items to be reviewed have been received by the 4. In the event that plan reviews completed by WPES require changes or additional information a plan review letter/memo will be submitted to the Municipality. The Municipality will be responsible for providing the appliçant with the official correspondence. A failure toi respond to thei request, submit additional information or as otherwise requested in the letter, the municipality will be billed for the full plans review fee. See #7, Fee Basis Stipulations for basis of! payment information.  Municipality.  Deliverables: 1. Plan Review Letter/Memorandum  2. Request for Information (RFI) Letter 3. Inspection Reports  4. Review Response Comment Cards/Letters/Memorandum  Job  Total Revenue Hourly or Portal to Portal or %  Planning/Consuling Services Senior Staff(Hourly) $ Planning/Consulting Services - Junior Staff(Hourly) $ Planning/Consulting Services - After Hours Senior $ Planning/Consulting Services - After Hours- - Junior $ Residential Plan] Review (Hourly) Inspection Services /Misc. (Portal to] Portal) Commercial Plans Review (%) After Hours/Weekend Inspections (Portal to Portal) $ Changes to Approved Plans (Hourly) On-Call Inspection Fees (Portal to Portal)  140.00 95.00 210.00 142.50 88.00 88.00 125.00 88.00 88.00  Staff (Hourly) Staff (Hourly)  $ $ $ $  75% oft total plan review fees  6    This effort will bej performed in accordance with the provisions of Western Pacific Engineering & Survey, Inc.. By signing this agreement, Ihave read and fllyacknowledge the terms oft this agreement.  CITY OF EPHRATA  Written Name Signature  Title Date  (Please forward a copy oft the completed form to Western Pacific Engineering & Survey, Inc.)  WESTERN PACIFIC ENGINEERING & SURVEY, INC. (WPES)  Kevia Lahores  fesdg 5-12:22  Written Name Signature  Title Date  a  (Please forward a copy oft the completed form to Western Pacific Engineering & Survey, Inc.)  Please return signed agreement and notices to: Western Pacific Engineering & Survey, Inc.  Attn: Kevin Richards 1224 S Pioneer Way Moses Lake, WA 98837  ORI EMAILTO: krichards@ypeinc.net CC: nofziger@mpeine.net    Terms, Conditions & General Provisions  1. AUTHORIZATION TO PROCEED. Signing this Agreement shall be and conditions hereby created, CLIENT shall pay WPES reasonable amounts for 2. LABORCOSTS. Inthe event WPES' compensationi isc calculated1 byr reference fumishingo ofanys Services duringi theconsinuctionp phase ofthey projeci,! the! following 10 WPES'Labor Cosis,L.abor Cosis shall bel thea amount calculatedby then numbero of terns will apply: a) IC WPES is called upon to observe the work of CLIENT's hours actually worked by: cach of WPES' employces on CLIENT's Praject, construction contractor(s) for the delcction ofd defecis or deliciencies in such work, multiplied bya ana amount charged fore eachs such employee'swork, whichi is calculated WPES willr nol bear any responsibilily orl liability fors such defects or deficiencies or by dividing eachs such cmployce's: annualized, non- overtime compensation (whether fort thei failuret tos sodelect. WPESs shallr not makei inspections orr reviews ofthes safety salary or paidi los suche employec att anh hourly rate, ast thec caser may be)b by 2,0801 hours programs ory procedures ofi thc consiruction contraclor(s). ands shall not review their 3. GOVERNINGLAW. This agreemenis shall beg govemedb by andi ind accordance WPESiscalled upont toreview submittals fromconsinuction contractors, WPESshall witht thel laws ofi the Siate ofv Washington ands shall bes applicablet lo federal, state and revicw anda approved ort taked other appropriate: action upon constructions contractor(s) 4. COST ESTIMATES. Any coste estinnalesp provi ided by WPES willbconabasis purpose ofchecking forc confonnance withi information givena andi thed design concept ofexperience andj judgment. Since' WPES has noc control overr market conditions or expressed in the contract documents. WPES' action shall be taken with such bidding procedures, WPESC does nors warrant that bids or ultimate construction costs reasonable promptness as lo causc no delay int the work while allowing suflicient 5. PROFESSIONAL STANDARDS. WPES shall ber responsible to thel level of submitlals will not be conducted for the purpose of detennining the accuracy and compelency presenlly maintained byo other PRACTICING professionals int thes same completeness of other delails sucha as dimensions and quantities. (c) WPES'shall not typec ofwork in CLIENT's community, fort they professional andt technical soundness, assume any responsibility or liability forp perfonnance oft thec constructions servicesor accuracy, ande adequacy ofall design, drawings, specifications, ando other work and for the safety ofp persons and property during construction or for compliance with materials fumished under this Agreement. Ifaftero completion oft the Services the federal,s statca andl locals statutes, rules, regulalions and codes applicabletol thec conduct CLIENT can demonsirate that the Services hereunder fail to conform to such oft the construction services. WPES shall have noi influcnce over thc construction standards, WPES will re-perforn the delicient Services at no cost 101 the CLIENT, means, methods, lechniques, sequences or procedures. Construction safety shall and WPESS shalll have nol liability for repair orr replacement, construction rework or remain the sole responsibilily of the construction contractor(s). (d) All contracts 6. ADDITIONAL: SERVICES. Services ina addition to those specifiedi in Scope indemnily and insurance clauses in favor of CLIENT and WPES, in a fonn confirmed! by CLIENT. Additional services willl bep paid forb byCuENTasimicated 16. SEVERABILITY. Inc case any one or more ofi they provisions contained in this ina any Letier of Proposal, Task Authorization, ors such other document as deemed Agreement shall be held illegal, the enforceability of the remaining provisions compensation, WPESs shallbeentiledioane equitnbleadjustments toi itso commpensation 17. FORCE MAJEURE. Any delaysi in or failure of performance by WPES sha!! 7.. SALEST TAX. Ina addition toa any others sums or amounts requiredtob bep paidby. perlonmance arec caused byo occurrences beyondi ther reasonablec control ofv WPES. In CLIENT to WPESpursuantt tot this Agreement, CLIENTI musta also pay to WPESI the the event that any event off forçe majeure as herein definedo occurs, WPES shall be amount ofa any applicable sales, use, excise or other lax with respect thereto (other entitled tos a reasonable extension oftime for performance ofits Services under this 8. LIMITATION OFL LIABILITY. Excluding WPES' liabilily forb bodily injury (the "Electronic Files") in addition to printed copies (the "Hard Copies") for the ord damage to1 the properly, thet total aggregatel liabilily ofy WPERS arising out ofthe convenience of CLIENT. CLIENT and ils consultants, contraciors and performance or breacho oft this Agreement shall note exceed thec compensation paid lo subcontraciors may only rely on1 thel Hard Copies fumished by WPES to CLIENT. WPES under this Agreement. Nolwilhstanding any other provision of this Iftherei is any discrepancy betweens any Electronic Files andi thec corresponding Hard Agreement, WPES shall have no liability to the ÇLIENT for contingent, Copy, thel Hard Copy controls. (b) CLIENT acknowledges thatl Electronic Files can consequential, or otheri indirect damages including, without limitalion, damages for bes alteredo orn modifiedv without WPES' authorization, can become comupted andt that loss of use, revenue or profit; operating costs and facility downtime, however the errors cand occuri in thel transinission ofsuch Electronic Files. same may be caused. The limitations and exclusions of liability set forh in this 19. THIRD PARTYI BENEFICIARIES. Exceptt to the extent any claims alleging Article shall apply. regardless of the fauli, breach of contract, tort (including negligence are asserted directly againsl any' WPES employee wherein such WPES negligence), strict liability or othenwiseofWPES, itse eiployees, ors sub-c consultanis. employee shall be deemed a third-party beneficiary lo this Agreement and the 9. DISPUTEI RESOLUTION. Allo dispules arisingo out oft this Agreement shallbe protections in favor of WPES, there are no third-party beneficiaries to this mediated byt thep parties withina reasonablet time aftert the firstr requestf fori mediation, 20. Agreement. INSURANCE. WPES shall maintain public prior toc cither party filingo a suit ina court ofl law, provided, however, that neither insurance that shall WPES from 10. ASSIGNMENT TOI RELATED! ENTITY. Notwithstanding anythingi ini this arisingf fromi itsn negligents acis or omissions ini thep performance ofthes Services under Agreement tot the contrary, int thec event WPES is not qualificd andl licensedi int the this Agreement. Thel limits ofliability fors suchi insurances shallbea at! least $1,000,000 relevantj jurisdiction top provides any Servicesr requiredh hercunder, WPESmay,witbhoul Independent Contractor. thec consent ofany other parly, assign allora any parto ofi its obligalion top provides such 21. INDEPENDENT CONTRACTOR. WPES shall be deemed Servicest to ane entity relaled to WPESV whichi isqualifieds andl licensedtop provides such independent coniractor in the perfonnance of this Agreement and shall to not be an be Services int thej jurisdictioni involved and whichi isc contraclually bound to WPESt to considered orp permitted tot bea ans agent, servant, 12. PAYMENT TO WPES /I INTEREST ON PAST-DUE AMOUNTS. Monthly itsp parent or affiliates, ifany. Allp persons! furnished, used, relained, orhiredb by oron invoices willl bei issued by WPES fors alls Scrvices perfonmed under thei lenns ofthis behalf of WPES shall be considered to be solely the employees, personnel, or Agreement. Invoices areduea andp payablen net I5days. CLIENTa agreest toj payi interest contractors of WPES, and WPES at all limes shall maintain such supervision and at the rate ofi 1%% perr month ona allp pasl-due amounts, unless not pennilled by! law. independent contraclor stalus. WPES shall ber responsible necessary for payment of and its Any interest charged or collected in excess oft theh highest legal rate will be applied allp payroll and payrollt taxes associatedy withi its) hire. 101 thep principal amount owing to WPES, andi ifs suchi interest exceeds they principal 22. INDEMNIFICATION. Subject to limilations ofr remedies, WPES and 13. TERMINATIONI FORI NON-PAYMENT OFI FEES. Withoutl limitinga any other employees, and/or mutually officers from indemnify and againsi any and all cosis, losses and its agents, remedy thot may bea available, WPE may slop work or temminalc this Agreementi if (including, but notl limited 10, all fces and charges ofe CLIENTI hast nol cureda apayment defaulty within 7daysa afler receipto ofwrilten notice and other professionals, ando allo court ore arbitration or engineer'sarchitecis, other resolution attomeys from WPES. Any failure lor makeap payment within thet time requiredi in Article 12 caused by breaches oft this Agreement by ils oflicers, direclors, disputer employees, costs) above shall constitute a payment default. Notice by c-mail followed by ovemight Nothing! herein shall require of WPES tol holdh hanmless or defendt thel courier shall meeti this notice requirement. WPES' righi tos stop work or tenninate its agenis, employees and/or oflicers for this Agreement shall not be waived by WPES' continued perfonnance during any Municipality's sole negligence. WPES expressly damages that the indemnification by period of investigation by WPES to delennine the reasons for CLIENT's extends for any claims arising under Title 51 R.C.W., agrees for the 14. LEGALI EXPENSES. Int thee eventl legala actioni isb brought by WPESt to enforce cancellation oft this Agreement.  conslrued as aulhorization by CLIENT for WPES to proceed with the Services, fees, costs and expenses asn may bes set by thec court.  unless otherwisey provided fori in this Agreement.  15. CONSTRUCTION PHASE SERVICES. Irt this Agreemen! includes the  peryear.  work: for the purpose of ensuring their compliance with safely slandards. (b) IE submittalss suche ass shop drawings, product dala ands samples, but only fort thel limited lime in WPES' professional judgment to pennita adequater review. Review of's such  local laws that govem at thet time of's senice. willr not vary from these coste estimates.  other costs. WPESI makesn no warranly, expressed or implied.  belween CLIENT and ils construction contractor(s) shall conlain broad fonn  of Services will be provided by WPES if authorized in writing or otherwise satisfactory lo' WPES.  approprinie by CLIENT and WPES. Int thes absence ofa an express agreement about contained! hereins shall not bei impaired thereby.  forp performing such additionals services.  not constilule breach hercunder if and to the exten! such delays or failures of  than anys generali inçomel laxp payableby WPES withr respectt thereto)as thes samei may 18. Agreement. ELECTRONIC MEDIA.  services provided under  bek levied,i imposed ora assessed bys any federal,s slate, countyo orr municipal govemment  (a) Asa componen! oft the  entity ora agency.  this Agreereni, WPES may deliver elecironic copies of certain documents or data  and liability or property damage clains personal injury property dainage request. joint venturer, or partner  party shall bec obligated ton mediatey prior 101 requestingi injunctiver relief.  prolect)  combined: singlel limil ands shalll bea available uponr  ofd Client, top preserve any damages and or loss caused Municipality, the of this purposes tennination expiralion, or 8  provide such Services.  control overi itse employces. personnel, and contractors as is  balance OfCLIENT's indebtedness lo WPES, willb ber returnedt to CLIENT.  Municipalily shall  and any holdl hannless the other andi  nonpayment.  Agreement. Provisions oft this section shall survive the  any oft the obligations hereunder ora arising out ofa any dispute conceming the lenns      DATE: May 18, 2022 ITEM: Items for Council Action  SUMMARY  1. Accept donation from Ephrata Youth Assets 2. Authorize Agreement with Public Safety Testing  BUDGETIMPACIS  1. +$1,000.00  2. $980/year + 4% annual increase - Budgeted  Staff recommends acceptance and approval of alll Items. Motion to Authorize, Confirm, or Approve and Accept All Items.  ENABLING ACTIONS  lfy you have any questions, concerns, or require additional information; please contact me prior to the meeting.    VEGEEPERAVY  CITY OF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, City Manager May 4, 2022 Council Action  To: From: Date: Proceeding Type: Subject:  Traci Bennett- Directorofc Community Services  Accept donation from Ephrata Youth Assets  Legislative History: May 18, 2022 n/a Motion to approve  First Presentation: Second Presentation: Requested/ Action: Scholarships.  StaffReports Summary: The dyaaasinpodtions Ephrata Youth Assets for Recreation  Discussion/Analyss: All donations must be approved by Council. Staff Recommendation: Council approve donation for recreation scholarships.  Financial Implications: + $1,000 Attachments A. B. C.  N/A  Page1 1of2    Legal Review  Thet following documents are attached and subject to legal review:  Date Reviewedby Legal Counsel  Type of Document N/A  Titlec of Document  Page2of2    Ephrata Youth Assets Serving Ephrata Youth Since 1998  PO Box 604, Ephrata, WA 98823 = Phone: 509-289-9563  Glenn Chamberlain, President Jackie Pope, Secretary Darryl Pheasant, Treasurer Kathy Hamlett, Board Member  April 14, 2022 Attn: Josh. Johnson 121 Alder Street SW Ephrata, WA 98823 RE: Donation  City of Ephrata - Recreation Department  On behalf of Ephrata Youth Assets, the Board of Directors would like to present the City of Ephrata with a check for $1000 to be used for Recreation Scholarships. We would like this to be used for families who need financial assistance Ephrata Youth Assets has been around since 1998 supporting youth programs in the Ephrataarea. Iti is our pleasure to  for their children to participate in general recreational activities offered by the City of Ephrata.  support the City of Ephrata Recreation Department. Thank you for what you do to serve the youth of Ephrata!  Sincerely, Jacqueline t Pope Jacqueline Pope, Secretary Ephrata Youth Assets    PA  CITYOF EPHRATA STAFF REPORT  To: From: Date: Proceeding Type: Subject:  Mayor and City Council Mike Warren, City Administrator Leslie Trachsler, City Clerk/Finance Director  May 9, 2022 Council Action  Agreement with Public Safety Testing Legislative History: 5-18-2022 N/A Motion to authorize  First Presentation: Second Presentation: Requested. Action:  Staff Report Summary: City of Ephrata Civil Service has a long-standing relationship with Public Safety Discussion/Analyss: Public Safety Testing administers a written exam and physical ability exam to candidates that are interested in becoming police officers and obtains an in-depth personal history statement from candidates. Allofthisi is used to determine ifa an applicant is eligible for considerationasa qualified applicant. This Agreement is for one-year with an automatic renewal annually unless either party provides 60 days notice of termination. Each year the annual subscription fee will increase 4%. The  Testing to conduct the initial qualifying testing for entryl level police officers.  current agreement expirest on. June 30, 2022. The current annual rate is $944.00  Staff Recommendation:  Financial Implications: Beginning. July1,2022 $980/year plus 4% yearly increase thereafter  Attachments: A.  Subscriber. Agreement  Page1of2    Legal Review  The following documents are attached and subject to legal review:  Date Reviewedb by Legal Counsel 5/09/22  Type ofD Document Agreement  Title of Document  Public Safetyl Testing Subscriber. Agreement  Page 2of2    Public Safory. Testing  SUBSCRIBER AGREEMENT  WHEREAS, Public Safety Testing, Inc. is a skilled provider of pre-employment WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a Subscriber  testing services to police, fire, and other public safety agencies, and  Agreement, NOW, THEREFORE,  Public Safety Testing, Inc. (the Contractor) and the City of Ephrata, a municipal corporation of the state of Washington (hereinafter Subscriber") do enter into this Subscriber Agreement under the terms and conditions set forth herein.  SUBSCRIBER: POSITIONS:  Check all that apply COMMENCEMENT DATE: PROFESSIONAL FEES:  City of Ephrata, WA  Law Enforcement Officer (entry-level) Law Enforcement Officer (ateralexpenenced)  July 1, 2022  Professional fees are described in Attachment A, which are incorporated herein by this reference. Each annual renewal beyond the initial term includes a 4% increase ini fees described in Attachment A. This agreement is for an initial one-year term and will automatically renew annually unless either party provides a 60-day notice as outlined in Section 7.  TERMINATION:  1. Description of Basic Services. This Agreement begins on the date as noted on page one (1) of this Agreement. The Contractor will provide the following services to the 1.1 Advertising and recruiting assistance, application intake processing, and administration of pre-employment written examinations and/or physical ability tests for those positions noted on Page One (1) of this Agreement. 1.1.1 Written examinations are administered in-person at Contractor's test events, including those conducted by Subscribing agencies; remotely  Subscriber:    through a network of certified college testing facilities; and, through the 1.1.2 Physical ability tests for law enforcement and corrections applicants are administered at Contractor's test events, including those conducted by Subscribing agencies, and, through a network of partner gym and fitness  Contractor's online, virtual in-home testing program.  facilities.  1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. Contractor will report "raw" test scores to the Subscriber - no preference points will be factored into applicant scores and it is the Subscriber's responsibility to factor veteran's preference points in accordance with applicable federal and state laws. Written examination scores will be reported to the Subscriber as a percentage score (based on 100%) and physical ability test scores will be reported as "Pass" or' "Fail". The passing score for written examinations is set by the test developer at 70%. For dispatcher candidates, the typing test results will be reported as words per 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process conducted by the Contractor pursuant to this Agreement and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance Provided, however, Contractor shall not be required to appear ati its cost nor to defend in any administrative or court proceeding arising from or out of a claim oro challenge relating to Subscriber's use of other testing process(es) or out of Subscriber's attempt to establish multiple or blended eligibility lists for the same position based in whole or in part on other testing process(es). "Other testing process(es)" means any test or testing process other than those provided by 1.4 Term & Fees. The term of this agreement and the related professional fees are 1.5 Payment. Subscriber shall pay an amount equal to twenty-five percent (25%) oft the annual fee set forth above quarterly for services rendered in the previous quarter and for basic services including but not limited to, software relating to online application, advertising formats, previously advertised scheduling of test dates, model civil service rules, testing systems, as well as ongoing testing and recruitment, and any and all other work developed at the  minute (wpm) and accuracy rate (%).  is deemed necessary to validate the process.  the Contractor under this Agreement. noted on page one (1) oft this Agreement.  Subscriber. Agreemen! City of Ephrata, WA 2022  Page 2of7  Public. Safety Testing, Inc. 2022.01.v3. Form    cost of the Contractor prior to or contemporaneous with the execution of this Agreement. Payment due within 30 days of receipt of invoice. 1.5.1 Direct Deposit (ACH Enrollment). Subscribers are encouraged to set up direct deposit (ACH enrollment) for their payments. There will be no additional fee for payments made using direct deposit (ACH enrollment). 1.5.2 Credit Card. A three percent (3%) fee will be added at the time of payment to each payment made using a credit card. The purpose of such  fee is to cover Contractor's credit card processing fees.  2. Additional Services. In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to 3. Acknowledgements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 Because applicable civil service law prohibits having multiple eligibility lists for the same class of hire, this Agreement is an exclusive agreement for these 3.2 The written and physical agility scores of any applicant shall be valid for 18 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. The Subscriber shall review its applicable hiring processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.3 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process. The Subscriber agrees that ifa an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 3.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable testing fee from any and all applicants. 3.5 The Subscriber is encouraged to and may also conduct advertising as it deems necessary to supportennance recruiting efforts. The Subscriber shall link uplcsalelylesing.com on its agency's website, ifit sO maintains one. 3.6 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions  separate written agreement.  services.  within the Subscriber agency.  Subscriber Agreement City of Ephrata, WA 2022  Page. 3of7  Public Sqfely Testing, Inc. 2022.01.v3 Form    3.7 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired 3.8 Subscriber understands and acknowledges that a candidate's PST Personal History Statement (PHS) will be stored electronically by PST for 24 months from the date the candidate uploads the PHS to the PST website. Any PHS stored more than 24 months will automatically be deleted and will no longer be  through these services.  available to the Subscriber from the PST server.  4. Testing Standard and Warranty of Fitness for Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41.08 and/or 41.12 and/or 41.14 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contractor that the Subscriber must meet. Tests shall also be conducted in accordance with the general standards established by the Subscriber; the Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring oft the test and any and all other services attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records ofi its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. IfSubscriber uses or authorizes the use of other testing process(es) this 5. Independent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent 6. Indemnity and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify and hold' harmless the Subscriber, its employees and agents from any and all costs, claims or liability arising from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub-contractor to the end that the Contractor shall be an independent Contractor and the Subscriber shall be relieved of any  warranty shall be null and void.  or sub-contractor oft the Contractor.  Subscriber. Agreement Cily of Ephrata, WA. 2022  Page 4of7  Public Sqfety Testing, Inc. 2022.01.v3 Form    and all claims arising from or relating to such employment relationships 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of 6.1.4 This indemnity shall not apply to any administrative or court proceeding arising from or out of any process in which the Subscriber has utilized or  ord contracts between the Contractor and third parties;  services under this Agreement.  authorized other testing process(es).  6.2 The Subscriber shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out oft the alleged negligent or tortious act of the Subscriber in the provision of  services hereunder.  7. Termination. This agreement is for an initial one-year term and will automatically renew annually unless either party provides a 60-day notice as described below. The Contractor and/or the Subscriber may also withdraw from this Agreement at any time for any reason with 60 days written notice, provided, however, that the provisions of paragraphs 1.3, 4, 5 and 6 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber.  Subscriber Agreement City of Ephrata, WA 2022  Page5of7  Public. Safely Testing, Inc. 2022.01.v3 Form    8. Entire Agreement, Amendment. This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written  consent of the parties hereto. This Agreement is dated this CITY OF EPHRATA, WA  day of  2022.  PUBLIC SAFETYESTING, INC. 46  By: Print: Its: Contact: Address: City/State/Zip: Telephone: Email:  By:  April 20, 2022  Print: JonF.Walters.. Jr. Its: President Jon Walters  20818 = 44th/ Ave. W., Suite 160 Lynnwood, WA 98036 425.776.9615  ongpubisalevstingcen  Invoicing Preference (select one):  US Postal Service Mail - Electronic via Email @  Agency Recruiter: Name: Title: Email: Agency Hiring epresenatveupervson Name: Title: Email: Name: Title: Email:  Subscriber's Contact & Address for Billing: (Please complete ifdifferent from contact information above) Contact: Title: Agency: Address: City/State/Zip: Telephone: Email:  Chief or Agency Director:  Subscriber. Agreement City of Ephrata, WA2 2022  Page 60f7  Public Safely Testing, Inc. 2022.01.v3 Form    ATTACHMENT -A-  Public Sofely, Teiting  PROFESSIONAL FEES  SERVICE  FEE $980  NOTE  PST Annual Agency Subscription: Law Enforcement Officer Testing  Base annual subscription rate. Subscription rate willi increase at 4% annually beginning. July 1, 2023.  Optional (select to request)  Includes those candidates that add Ephrata Police Department tot their candidate list or virtual written exam session. Forv virtual exam events, Subscriber will: submit a "60-second Agency willl bei invoiced based on the rate for "New Agency Add-on Fee" listed ini the current  2022 Rate $11  Recruiting at PSTI Written Exam Per candidate following EPD recruitment effort at ani in-person  Events (Department pays candidate'sf feet to add department tot their list of agencies)  video.  PST pricingchart.  Optional (select to request) Subscriber will pay candidate test Per candidate fees which are pre-approved and agreed to byt the Subscriber:  Subscriber agrees to pay candidate testing fees hardship, subscriber-requested coupons to distribute, discounts offered by the Subscriber, etc. Each willl be pre-approved and agreed to by  2022 Rates under circumstances such as a verifiable financial  the Subscriber.  Law Enforcement written exam & $55 (written) that do not occur on the same day as thel PST in- -person written  Physical Ability Test (PAT) events $29(PAT) When the Subscriber pays forac candidate'st test  fee, the Subscriber agency is removedi from the candidate's pricing matrix: so that the Subscriber is not subsidizing the candidate testing for other non- Subscriber agencies. The candidate will pay ift they choose to test for any other agency besides the Subscriber. Agency will bei invoiced amount based on the testing fees for as single agency listed in the current PST pricing chart.  exam  Subscriber. Agreement CiyofEphrata, WA 2022  Page 7of7  Public Safety Testing, Inc. 2022.01.v3 Form