ayo  EPHRATA CITY COUNCIL  MAYOR BRUCE REIM  MAYOR PRO-TEM WILLIAMCOE  KATILEENALLSTOT.SARAIIMCDONNELL, VALLIMLLARD,  MAITMOORL, TONYMORA,MAMARKWANKE CITYADMINISTRATOR MIKEWARREN AGENDA FOR August 19, 2020 -  ZOOM I-TOI PARTICIPATE BY PHONE DIAL: 1-253-215-8782, follow prompts City of Ephrata Meeting ID: 642-397-7833#, OR ONLINE EPVCOA/PVTAV  615mi  EXECUTIVE SESSION THE CITY OF EPHRATA CONDUCTS! EXECUTIVE SESSIONS! IN ACCORDANCE WITH RCW  4230.110OFTHEC OPEN PUBLIC MEETINGS. ACT  1. Sale and Acquisition of Real Estate (RCW 42.30.110()b)  7:00pM  REGULARSESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of Meeting: NO 5. Additions or corrections to published. Agenda  6. Presentations: Sandy Duffy, Emergency Management Coordinator- COVID-19 Masking  Project  II  CONSENT AGENDA  1. Approval of Claim Fund Bills and Checks Issued 2. Approval of Council Minutes: August 5, 2020 3. Approval of Special Event Application:  III STAFE.COMMITTEE & AGENCY REPORTS  BILLS: Coe, McDonnell, Mora    IV CLOSED RECORDDECISIONS RCWCIAPTERS PAIFIKUTAtTPaNITN  V  PUBLIC HEARINGS  VI ORDINANCES & RESOLUTIONS  1. Resolution 20-011 Small Business Releif Program  VII ITEMS FOR COUNCIL CONSIDERATION 1. Proclamation In Support of Masking  2. Accept Donations  3. Report on Utility Fee Rate Notification - HB 2889 4. 2021 Budget Schedule & Goals and Objectives- Discussion 5. Authorize Agreement for Phase II Division Street TIB Grant funding  6. CARES Act Grant Application  VIII CITY ADMINISTRATOR REPORT I. Update on 2020 Budget and Cash Balance  BILLS: Coe. McDonnell, Mora    From: To: Subject: Date: Hi Sandi, home. Unbelievable! What at team! Thanks SO1 much! Marcy Marcy,  Marcy Sandi Duffey Re: Facel Masks Monday, July 27, 2020 6:44:45 PM  Iwas not home, but did get a nices surprise. The masks were at my front door when Igot  lalready thanked Chief Koch, via email.  OnJ Jul2 27, 2020, at 12:101 PM, Sandi Duffey uley@pmtoumyvagee wrote:  Thank you fory your email, I have cc'd Chief Koch with Ephrata Police Department in this email as the Ephrata Police! have partnered with Emergency Management to distribute masks tot their community. ChiefKochi has graciously offered to deliver masks to you for you andy your mother. Thank you for wanting to wear a mask tor reduce the transmission of COVID-19! Ifthere is anything eiset that Ican  assist you with please let mel know.  Ther new normal, wear a mask and wash your) hands with soap and water.  Sandi 509-766-5014-Desk 509-237-2987-Cell ----Original: Message- From: Marcy mb32449@nw.nel> Sent: Monday, July 27, 2020 12:09AM To: Sandi Duffey sauleyemtoinyagne Subject: Face Masks To Whom It! May Concern: Hello,  Iread online thati ifle emailed you,) you could: send a free facer mask for my elderly Mother andi me.  Ifthisi is true, I would be happy to pay for thep postage.  My special thanks! Marcy Blackmore 45 Summitview Drive SE Ephrata, WA 98823    From: To: Subject: Date: Wow, awesome! Thank yous sor much for the masks.  Marcy SandiDuffey Re: Facel Masks Monday, July 27, 2020 4:40:55PM  What ai nice surprise. Iam caring for two elderly parents, andt this is very much appreciated.  Marcy Blackmore  OnJ Jul27,2020, at 12:09 AM, Marcy <mb32449gnw.nel> wrote:  To Whom It May Concern: Hello,  Iread online that iflemailedy you,) you could: send af frec face mask for mys elderly Mother and me.  Ifthis ist true, Iwould bel happy to pay for the postage.  My special thanks! Marcy Blackmore 45 Summitview Drive SE Ephrata, WA 98823    CITY COUNCIL MINUTES  August 5, 2020  City Council of the City of Ephrata, Grant County Washington met in regular session on August 5, 2020. The meeting was called to order at 7:00 p.m. by Mayor Bruce Reim. Due to the COVID-19 Pandemic and Governor Inslee's Proclamation 20-28, this meeting is being conducted telephonically using the ZOOM audio only conferencing. Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  members Mark Wanke, Matt Moore, Sarah McDonnell, and City Administrator Mike Warren, City Attorney Anna Franz, Public Works Director Bill Sangster, Interim Police Chief Erik Koch, Community Relations Director Traci Bennett, Building Official Bill Cox, and City Clerk/Finance Director Leslie Trachsler  Kathleen Allstot  Staff Present:  This meeting is being recorded for testing purposes.  Motion to excuse Council member Mora. (m/s AlltoV/McDonnell) Motion carried.  Pledge of Allegiance was said.  Agenda: There were no additions or correction to the agenda.  Presentations: None Motion carried.  Consent Agenda: Motion was made to approve consent agenda. (m/s Wanke/Moore)  Items on the consent agenda are as follows:  Claims #92210 through #92265 in the amount of $393,383.39 Claims #92198 through #92209 in the amount of $1,640.53 VOIDED ACH in the amount of $(128.40) VOIDED Claim #90926 in the amount of $(140.00) VOIDED Claim #91222 in the amount of $(378.00) VOIDED Claim #91487 in the amount of $(115.05) VOIDED Claims #91669 in the amount of $(33.78) Payroll Check #46703 through #46720 in the amount of $33,532.68    Payroll Claims #92180 through #92197 in the amount of $231,078.40 Payroll Direct Debit in the amount of $5,875.00 Payroll Direct Deposits in the amount of $175,630.61 Minutes of the July 15, 2020 Council meeting  Proclamation - Child Cancer Awareness Month: In an effort to raise awareness for childhood cancer, Jessica Beckstrand is requesting Cities all across the state, including the Governor's office, to proclaim the month of September as Childhood Cancer Motion to accept and approve Proclamation to declare September, 2020 as Childhood  Awareness Month.  Cancer Awareness Month. (m/s Coe/Moore) Motion carried.  City Administrator Report:  CARES Funding update - Director Trachsler advised that the City is eligible for CARES Grant Funding in the amount of $245,400.00. Payment request has been submitted and received for $182,191 for reimbursement of city expenses for labor/materials for security window's at the front counter, sanitizing, and wages to comply with the Stay Home Stay Safe Order for March and April. The remaining balance of $63,209 is designated toward Director Bennett advised that she is working with the Chamber to define qualification and establish an application process for those impacted by the mandatory shut down. A committee has been established consisting ofl business owners in the community and a representative from council. They will establish the application process, review completed applications and make recommendations to Council for approval and funding. She anticipates having the application and guidelines to Council for approval at the next Council discussion ensued. Council member Coe advised that the Economic Development Council has received CARES funding requests from 7 Ephrata businesses, Report on. Jail Site Selection Progress - Building Official Cox reported that he and Director Leavitt have been working with the County regarding the site selection for building the new jail facility. Per Ephrata's Code, in the absence of a specific zone for jails, a Site Selection Committee has tol be formed to review proposed sites before this project can move forward. There are two sites being considered; downtown next to the current facility, and out by the airport. The Committee has 13 considerations to consider for each location. The committee will meet again in a couple of weeks and have aj period  helping the small businesses impacted by the pandemic.  Council meeting.  he will pass those on to prevent double funding.  for public comment. Council discussion ensued.    Chlorination of City Water System - Director Sangster advised that hei is gathering bids for tanks and chemicals as well as electrical work tol begin the install. City personnel will install the pipe and piping to each well. He anticipates chlorination to be on-line by the Council discussion ensued regarding placement of tanks. Sangster advised that they will not fiti in the pump houses and we may have to fence around them. Public notice will be  end of the month.  given before chlorination goes live.  "C" Street Sidewalk Update - Director Sangster reported that the Pre-Construction meeting with Central Paving is scheduled for tomorrow afternoon. He anticipates they will start next week. Ifso, the project should be completed before school starts. Project Council discussion ensued. At present, it is unknown which end they will start with however, Sangster advised that he anticipates they will do al block at a time and there will be a handicap ramp at everyi intersection. They will not be replacing good sidewalk. Council discussion ensued regarding the meeting format - audio only versus video. Staff will check out the Council tablets to see if they have video capabilities and look into  isf from Parkway to the High School.  other options.  There being no further business meeting adjourned at 7:34 p.m.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    DATE:  August 12, 2020  Department: City Clerk/Finance  Past Activity  Continue to support other departments and commissions Monthly duties as assigned Working with Mayor/Administrator on COVID-19 related issues Complete Tax and User Fee Survey Work with City Administrator on Library Re-roof project Prepared Budget Schedule for 2021 Budget Cycle Prepared: report for Council regarding HB 2889-U Utility Fee Rate Prepared Proclamation to support masking campaign for Council  Notification  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 End of! Month Payroll process Monthly/Quarterly PR Reports Address Human Resource issues Support staffi in their daily operations Support City Administrator Monthly Civil Service Commission meetings - suspended due 10COVID-19 Attend LEOFFID Disability Board monthly meetings- suspended due to COVID-19 Continue work on creating al Utility Relief application and payment agreement form Begin work on 2021 Budget worksheets for Department Heads Prepare 2021 Revenue Projections Work on Supplemental Appropriations for 2020 Complete renewal application for 2020-2021 CIAW Insurance Non-essential spending has been frozen as per Council direction Coverage for employee vaçations - City Administrator vacation  Coverage  Budget Concerns Other Issues  Monitoring tax revenues closely    Council Parks and Recreation August13,2020  EPHRATA PARKS  City  RECREATION &  Report  PASTACTIVITY:  1. PARKS COMMISSION:  a. - July meeting - No Quorum 2. Recreation/Communily Programming: a. BOLD finished for the summer 0. Summer movie series altered to Drive-Ins style Youth: soccer clinics underway d. Summer concert series at Rock Park canceled a. Opening of some park restrooms  3. Parks:  4. Public Relations/Tourism:  a. Developed CARES funds application for small businesses Provided information on Phase 3 approach to start programs Developed a Safe Start Plani for city employees and citizens d. Working on 2019. JLARC report for state on Lodging Tax  5. Special Events: a. None 6. Recreation Supervisor:  a. Accepting registration alternative summer programs and activities b. Modified summer activities based upon 'phase' openings  Assisting utility customers  7. Splash Zone: FUTURE GOALS/ACTIVITY:  a. Received bidi for pool resurfacing in spring of 2022  1. Continuing administration of current and new programs 2. Continuing to work with and support various community groups 3. Develop new recreation programs and activities 4. Develop tree replacement program 5. Develop a park reservation system 6. Researching web site options    City of Ephrata  August 13th, 2020  Department: Public Works Field Supervisor  past Activity  Cleaned the head works at the waste water treatment facility. Completed monthly sewer flushing. Flushing and Sweeping city streets as needed to conserve fuel. Monthly water testing. Still working on getting # 3 well back up and running after another issue with a broken shaft. Select herbicide maintenance. Regular scheduled Park and public works maintenance, numerous funerals, and as always responded to any and all City related calls.  Future Activity:  Clean head works at the waste water treatment facility. Monthly sewer flushing. Monthly water testing. Read meters. Replace a broken shaft, chlorinate and put well #3 3 back on line. Set up all wells for chlorination. Flushing and sweeping city streets (only as needed to conserve fuel use). Continue with routine inspections and maintenance on all trucks and equipment. Summer herbicide maintenance as needed. And as always respond to any and all City  related calls.  Budget Concerns: Other Issues: Dennis Ohl Public works field supervisor  Continue to monitor closely Continuing to maintain social distancing!    City of Ephrata Permits Issuer Issue Date Owner  Department of Planning and Building  Jul-20  Fee (less State Fee)  Permit Parcel  Contractor  Location Work Done Valuation 333 4th Ave Pole NW  20-089 140875000 7/17/2020ESDH High School ESD 20-090 130085403 7/2/2020/School  Building $ 40,000.00 $ 516.14  ESD Middle  Pole  ESD  384ASE Building $ 40,000.00 $ 495.50  20-109 131335000 /16/2020Ben,amin Bazan Benjamin Bazan! 1544NE Fence  $  1,000.00 $  11.85  1399 Nat Interior Washington Remod 90 Parkside  20-124 131586525 714/2020WalMart 20-141 130443010 7/2/2020Luz Ocampo  WalMart Home  $ 65,000.00 $ 1,111.56  NCW Mobile 2480 Basin  SW #51 Place Home $ 24,000.00 $ 641.60  20-143 313502000 7/1/2020Joseph Mihelich HiLine Homes Loop 20-144 130581000 7/9/2020Dave Dungan Ryan Scheib 301 Statter Fence 20-148 140931000 7/6/2020/Charles Wiesand Wiesand 20-151 130510000 7/14/2020/Kevin Burck  SFR  $ 147,000.00 $ 6,049.75 5,000.00 $ 1,500.00 $ 3,700.00 $ 3,000.00 $ $ 200,000.00 $ 5,408.84 $ 250,000.00 $ 7,452.68 $ 16,000.00 $ 5,000.00 $ $ 200,000.00 $ 5,993.64 8,500.00 $ 122.04 1,800.00 $ 1,000.00 $  $ $ $ $  11.85 87.38 68.60 90.67  Charles  237 2nd SW Sign 2083 Basin  Kevin Burck SW Veniamin  HVAC Covered Patio SFR SFR ReRoof  20-152 131624308 76/2020RIFronsman RJF Fronsman 314 Ivy 20-153 141125000 715/2020,Veniamin Babak Babak 20-154 140124724 77/2020/Alderbrook  335 Canal Dr. 11077th NW  Alderbrook Ave NE Arrowhead 741 Basin McArthur Forbord Wildheart Homes  20-155 140463000 7/6/2020Settlers Market Roofing 20-156 130200031 7/9/2020Forbord 20-157 140124701 730/2020/Foxfordup  58.05 11.85  McArthur  423 9ths SE Fence 913 8th NE SFR 10779thSE Patio  $  Supported Patio ReRoof  20-158 140475128 7/14/2020/Cesar Garcia Bruce Hill  $  20-159 131586623 7/15/2020Judith Johnson Judith. Johnson 890LSE Enclosure $  89.75 58.05  Rm  20-160 131120000 7/14/2020 Douglas Engberg Construction 66FSE 20-161 131586028 7/20/2020Chad Robinson America 20-162 131225000 7/14/2020 Tina Brissey  $  Steel Structures  235FC Circle Shop  $ 32,570.99 $ 357.04 1,200.00 $ 1,200.00 $ $ 10,045.00 $ $ 6,585.00 $ 1,056.00 $  Tina Brissey 166FSE ReRoof  $ $  58.05 11.85 68.60 68.60 38.00  140853000 7/15/2020/Steve Oliver Steve Oliver 233 2nd NW Fence  20-164 131592001 7/15/2020/ESD: Shop  Polhamus  3407thNW HVAC 340 7th NW HVAC  20-165 131592001 7/15/2020ESD Tech Office Polhamus  20-166 131524000 7/15/2020Rosalia Mayo Rosalia Mayo 69KNE Driveway $    20-167 312598000 7/21/2020Port Dist. 9 2 9 131103000 7/21/2020Joel Diaz 2u-.70 131481000 7/21/2020Justin Grubb Dircio's 20-173 140124700 7/30/2020Foxford LLP 20-175 140249000 7/24/2020Reynolds 20-176 130200031 7/29/2020Forbord 20-177 130200031 7/29/2020Forbord  Port Dist. 9 400 Rialroad Fence Alderbrook 10127NE SFR  $ 15,000.00 $ 500.00 $ 3,000.00 $ $ 250,000.00 $ 6,068.87 $ 170,000.00 $ 5,948.83 1,000.00 $ 2,296.55 $ 2,296.55 $ 3,300.00 $ 1,000.00 $ 500.00 $ 6,000.00 $ 6,200.00 $ 1,000.00 $ 3,000.00 $  11.85 37.50 75.00  Joel Diaz Wildheart Homes Matthew Reynolds McArthur Forbord McArthur Forbord Niks Quality Niks Quality  18ESE  Sprinkler $  238FNE Sidewalk $ 9098 8th NE SFR 1203 Cottage ReRoof 4239 9th Ave SE 423 9th Ave SE 613 a 8thNE Fence 23ENE Fence 23 Parkside  20-171  14012472 728/2020/Alderbrook  Matthew McArthur McArthur  $ $ $ $ $ $ $ $ $ $  58.05 29.30 29.30 11.85 11.85 11.85 29.30 68.60 11.85 58.05  Shed1 Shed2 2  20-178 140124639 7/28/2020Corey Burns Fencing 20-179 131046000 7/28/2020/Paul Trevino Fencing 20-180 140307507 7/28/2020John Schwab John Schwab Loop 20-181 131586642 7/28/2020Quentin Stepon Home Depot 617LSE Shed  Fence replace heat  20-183 130231000 7/31/2020/Nellyl Perez  Polhamus  385 4thSE pump 6  20-184 140697040 7/31/2020Jared Grubb Jared Grubb Summitview Fence 20-185 130817000 7/31/2020Wilis Kerzman Willis Kerzman 204ESW ReRoof  $ 1,530,250.09 $41,343.99    DATE: August 19, 2020 ITEM: OrdinancesResolutions  SUMMARY  1. Resolution 20-011 - Adopting the Small Business Relief Program tol Distribute Coronavirus Relief Fund to the Ephrata Community. Establishes authorization for the CARES Act Grant to Small Businesses, and Eligibility Criteria.  BUDGETIMPACTS  1. $63,209.00 in CARES Act Grant Funds  Staff recommends acceptance and approval.  ENABLING ACTIONS  Motion to Authorize, Confirm, or Approve and Accept All Items.  lfyou have any questions, concerns, or require additional information; please contact me prior to the meeting.    RESOLUTION NO. 20-011  AI RESOLUTION ESTABLISHING A SMALL BUSINESS RELIEF PROGRAMTO DISTRIBUTE CORONAVIRUS RELIEF FUNDS TO' THE  EPHRATA COMMUNITY  WHEREAS, the Washington Governor has declared a state of emergency in response to new cases of COVID-19, issued a stay at home order, and subsequently established a phased reopening of business and other activities in an effort to contain the coronavirus outbreak under  the Washington Governor's Proclamation 20-25; and  WHEREAS, the COVID-19 outbreak presents an extreme risk of person-to-person transmission of the virus and public health experts advise the best way to prevent a calamitous explosion of cases is to prevent infected people from coming in close contact with healthy ones;  and  WHEREAS, on March 18, 2020, the Mayor and City Council of the City of Ephrata declared the existence of an emergency within the City of Ephrata related to the COVID-19 virus;  and  WHEREAS, small businesses play a vital role in the overall health and welfare of WHEREAS, while the practice of social distancing and other aspects of the Governor's Proclamation are critical in mitigating the rate of spread of the COVID-19 virus, they are also having significant negative economic effects on small businesses and employees within the City  Ephrata's citizens;  of] Ephrata; and  WHEREAS, citizens, employees, and business owners whose primary source of income has been significantly diminished or wiped out entirely by the effects of the COVID-19 pandemic may be unable to continue to afford to stay home or practice social distancing, which will have a  negative impact on the public's health; and  WHEREAS, the provision of adequate government services critical to the public health, safety, and welfare, including without limitation police, fire, emergency medical services, public health services, potable water, sanitary sewer, and wastewater treatment. services, and the provision ofl local employment opportunities for city, town, and county residents, depend in significant part upon the strength and continued viability of local businesses and tax revenues paid by such  businesses and their employees; and  WHEREAS, it is therefore a fundamental purpose of local government to assist in maintaining the stability of the local economy in order to protect the city's ability to continue to provide essential services for the public welfare and benefit, and to allow citizens, employees, and business owners to continue social distancing and other practices necessary to maintaining public  health; and  City ofl Ephrata, Washington Resolution No.20-011 Pagelof4    WHEREAS, the Ephrata City Council recognizes that one ofi its essential functions is to secure the health and welfare of Ephrata's citizens, and the City and its state and local government agency partners are working to swiftly respond to the economic impact that the COVID-19  pandemic is having on Washington state; and  WHEREAS, financial resources are necessary to help small businesses survive the COVID-19 pandemic, and certain small businesses in Ephrata reasonably require public financial assistance in order to remain viable and continue supporting the Ephrata community; and  WHEREAS, onl March 27,2020, the United States Congress adopted the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") which, among other things, amended Section 601(a) of the Social Security Act and established the Coronavirus Relief Fund (the "Fund") into which Congress appropriated $150 billion to make payments for specified uses to States and  certain Iocal governments; and  WHEREAS, the CARES Act fund are available to reimburse government recipients for necessary expenditures, incurred due to the COVID-19 public health emergency, that were not accounted fori in the government recipient's most-recently approved budget (as ofMarch 27,2020)  and that were incurred between March 1a and December 31, 2020; and  WHEREAS, guidelines issued by the United States Treasury Department ("Treasury guidelines") indicate that "necessary expenditures" include expenses of actions to facilitate compliance with COVID-19-related public health measures, such as (for example) expenses for food delivery to residents, including senior citizens and other vulnerable populations, to enable  compliance with COVID-19 public health precautions; and  WHEREAS, the Treasury Guidelines also indicate that "necessary expenditures" also include expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, payroll support, or unemployment insurance costs related to the COVID-19 public health emergency, if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise; and WHEREAS, the Treasury Guidelines further indicate that an expenditure or cost "is not considered to have been accounted for in a budget merely because it could be met using a  budgetary stabilization fund, rainy day fund, or similar reserve account"; and  WHEREAS, the State of Washington has determined to distribute a certain portion ofi its WHIEREAS, the City Council desires to establish a small business and nonprofit CARES  share of the CARES Act funds to Washington cities, including the City of Ephrata; and  Act grant program;  City of Ephrata, Washington Resolution No.20-011 Page2of4    NOW,THEREFORE, BEI IT HEREBY RESOLVED by the City Council oft the City of  Ephrata, Washington as follows: Section 1. Findings of] Fact.  The City Council hereby adopts the recitals expressed above as Findings of Fact. Section 2. Small Business and Nonprofit CARES Act Grant Program Established.  The City Council hereby establishes the Ephrata Small Business and Nonprofit CARES Act Grant Program ("the Program"). The focus of this Program is to provide short-term economic stability via monetary grants to brick and mortar businesses and community organizations located within City limits. Key Program goals will include the ability to make decisions and distribute awarded funds quickly; to use best efforts to direct funding to viable businesses and organizations; to minimize the amount of private financial or tax records and data coming into the City's possession; and to maximize the City's ability to seek reimbursement for Program expenditures from CARES Act funding and/or other federal, state, or regional sources. The Program will be  implemented as follows:  (A) The City Council directs that sixty-three thousand two hundred and nine dollars ($63,209.00) shall be allocated to the Small Business and Nonprofit CARES Act Grant Program. (B) The funds allocated to this Program shall be based upon the eligibility criteria set forth in Exhibit A, attached and incorporated herein, the Treasury Guidelines, and any guidance forthcoming from the Washington Department of Commerce regarding eligibility for  reimbursement with CARES Act funding. funding recommendations to the City Council.  (C) Ar review committee shall be reestablished to evaluate the applications and make (D) The City will publicize the existence of the Program and solicit applications from (E) Following evaluation of applications and recommendation by the committee, the City Council will select and enter into contracts to provide a grant of financial assistance to applicants meeting the eligibility criteria. The contract shall require the recipient to provide such financial and other reporting determined by the City to provide eligibility for reimbursement through the CARES Act or other federal or state funding and compliance with City financial  small businesses and community organizations meeting the eligibility criteria.  reporting and audit requirements. Section 3. Acceptance of Grants.  Thel Mayor or City Administrator is authorized to accept grants or donations of any monies for the Program, including without limitation any grants or donations from any state orl local governments or agencies, and to spend such monies to implement and administer the Program.  City of Ephrata, Washington Resolution No.20-011 Page e3of4    Section 4. Reimbursement.  The Mayor and City Administrator are authorized and directed to seek reimbursement to the maximum extent possible from any and all federal or state funds appropriated or otherwise made available for COVID-19-related community or business impact assistance, including without limitation from CARES Act funds distributed to local governments by the State of Washington  and any subsequent federal or state grant or assistance programs.  Section 5. Severability.  Ifany provision of this Resolution or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions oft this Resolution are severable; unless however, the invalidity pertains to qualifying criterion for one of the subsidiary Programs set forth herein, in which case, all qualifying criterion for such subsidiary Program shall be deemed not to have further effect with Council retaining the ability to redraft  new criterion in light of the invalidity. Section 6. General Provisions. the availability of funding.  (A) This Resolution shall be implemented consistent with applicable law and subject to (B) This Resolution is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law ori in equity by any party against the City of Ephrata, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption.  ADOPTED by the City Council of the City of Ephrata, Washington, this 19th day of  August, 2020.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk/Finance Director  City of Ephrata, Washington Resolution No.20-011 Page 4of4    EXHIBIT A Eligibility Criteria  Small Business and Nonprofit CARES Act Grant Program  I.Criteria for All Applicants  All applicants must meet the following criteria for financial support: 1. The business must be physically located within City boundaries.  2. The business must have a valid Unified Business Identifier and City of Ephrata business 3. The business has been in operation in the City of Ephrata for longer than six (6) months. 4. The business must have fifteen (15) or fewer full-time equivalent employees (FTEs) whose primary workstation is within the City of Ephrata. (The number of] FTES is determined by calculating the sum of each employee's average number of hours paid per week, divided by 40, and rounding the total to the nearest tenth. The maximum for each employee is 5. The business is in good standing, current on all City taxes and fees due, current on all State and City regulatory requirements, and has no outstanding code violations. For the purposes ofthis requirement, the businessi is not disqualifiedifit! has taken advantage of an extension of taxes and fees, or other regulatory requirements, if those obligations have been 6. Unless exempt, the business must have available for inspection a written Safety Plan outlining how its workplace will prevent the spread of COVID-19 that is at least as protective as the requirements from the Washington State Department of Labor & Industries. If the State of Washington has issued guidance for the business's specific industry, the Safety Plan must also be compliant with any industry-specific guidance. 7. Asacondition of receiving a grant, the business must commit to the following minimum a. Cooperate with public health authorities in the investigation of cases, suspected cases, b. Cooperate with the implementation of infection control measures, including but not limited to isolation and quarantine, and follow the cleaning guidelines set by the CDC  license.  capped at 1.0.)  suspended or deferred by appropriate local or state directives.  requirements:  outbreaks, and suspected outbreaks of COVID-19;  to deep clean and sanitize;  C. Comply with all public health authority orders and directives; and  City ofl Ephrata, Washington Resolution No. Exhibit A    d. Comply with all Department of Labor & Industries interpretive guidance, regulations and rules, and Department ofl Labor & Indusries-administered statutes. 8. Grants may be used to leverage funding from a public or private financing program. Exclusions from the Program. Businesses meeting one or more of the following criteria are 1. Businesses that have more than fifteen (15) FTES whose primary workplace is within the 2. Businesses that qualified as an "essential business" and remained open to the public or worked under normal operating conditions from March 16, 2020 to. June 30, 2020, unless the business can prove a loss of 25% revenue due to COVID impacts; or 3. Governmental entities and nonprofits (other than nonprofits engaged in the provision of 4. Grants cannot be made to businesses owned, partially owned, or with managers, officers, directors, or employees who are employees or public officials of the City of Ephrata.  excluded from receiving grants under this program:  City of Ephrata; or  human services); or  II. Use of] Program Funds  Eligible business expenses are limited to the following types of expenditures: 1. Payment of rent or required monthly loan payments.  2. Payments of essential wages, taxes, and normal benefits to employees essential to maintain business; provided such expenses have not been and, tot the best knowledge oft the recipient, will not be reimbursed under any federal, state or regional program, including any grant or 3. Normal operating costs that are included in "cost of goods sold" on business's income statement (raw materials for manufacturers, component pieces for assemblers, items for 4. Normal operating expenses that are included in "operating expenses" on business'si income  loan programs.  resale for retailers, food for restaurants, etc.).  statement (utilities, insurance, professional services, etc.). 5. Normal draw or wages on a weekly or monthly basis to owner. regulatory compliance associated with COVID-19.  6. Increased costs which are necessary to comply with safety-compliance measures or  City ofl Ephrata, Washington Resolution No. Exhibit A    Grant funds may not be spent on the following:  1. Any expense that would not be considered an eligible business expense by IRS rules.  2. Political contributions. 3. Bonuses to owners or employees.  4. Wages to any member of owner's family who is not al bona fide employee.  5. Charitable contributions. 6. Gifts or parties.  7. Draw or salary to owner that exceeded the amount that they were paid on a weekly or 8. Pay down or pay off debt by more than required in underlying debt instrument.  monthly basis for the same period last year.  9. Payment of local, state or federal taxes or assessments.  10. That portion of payroll and other employee- or business-associated costs for which the recipient has received or expects to receive reimbursement from other federal, state or regional funds (e.g. Payroll Protection Program or unemployment insurance).  11. Damages covered by insurance. 12. Severance pay. 13.L Legal settlements. II. Application Evaluation.  Applications will be reviewed for eligibility in the grant program. (See eligible businesses In the event that the total number of grant funds requested by qualified applicants exceeds available funds for the Program, the City will randomly select qualified applicants to Any remaining funds, after thisi initial distribution, shall be distributed on ai first-come first-  above.)  receive grant awards.  served basis to qualified applicants.  Cityo ofE Ephrata, Washington Resolution No. Exhibit A    DATE: August 19, 2020  ITEM: Items for Council Consideration  SUMMARY  1. Proclamation: Encourage citizens to support and protect local businesses by wearing a mask not only when entering al business but also in any public setting. 2. Accept Donation: Parks and Recreation has received several very generous donations:  $200 forl Parks and Recreation Scholarship! Fund - anonymous $300 from Columbia Basin Chiropractic Care to sponsor a drive-in movie $300 from Washington' Trust Bank to sponsor a drive-in movie $300 from Granco Credit Union to sponsor a drive-in movie Flat Screen' TV from Sue Thompson for BOLD program used to offset the new bottom surface for Splashzone  $10,000 from Richard Reimers - undesignated - Recommend this donation be  All donations must be accepted by Council stormwater utility. See attached staff report.  3. Utility Fee Rate Notification - HB 2889: New legislation requiring notification to ratepayers of assessed fees and taxes on gross revenues of the water, sewer, wastewater or 4. Review and discuss Goals and Objectives for 2021; review 2021 Budget Schedule 5. Agreement to accept TIB grant funding for Phase II ofDivision Street East overlay project. Scope of work for Phase Iis for D Street NE to Summitview Drive; Phase Ilis Summitview Drive to. Airport Street. Work for both phases will take place in 2021. 6. Informational: City of Ephrata Small Business and Nonprofit CARES Act Grant Application. Taken from Grant County EDC and modified for Ephrata. 2. $11,100additional for recreational programs and facility upgrade  BUDGETIMPACIS  1. None 3. None 4. None 6. None  5. $147,000t 10% match - 2021 Budget  RECOMMENATION Staff recommends acceptance and approval of all Items.  ENABLING ACTIONS  Motion to Authorize, Confirm, or Approve and Accept All Items.  lfyou have any questions, concerns, or require additional information; please contact me prior to the meeting.    PROCLAMATION  WHEREAS, City of Ephrata continues to experience a significant surge in Corona Virus WHEREAS, the Mayor and Ephrata City Council fear that the economy and the health and well-being of the people of Ephrata are severely compromised by the lack of urgency in WHEREAS, the Mayor and Ephrata City Council recognizes that iti is the commitment of the citizens at a "Grass Root" level that will be most effective in succeeding at eliminating the WHEREAS, the Mayor and Ephrata City Council agree that their collective leadership is NOW,THEREFORE, the Mayor and Ephrata City Council hereby proclaim as follows:  (COVID-19) cases over thej past few weeks; and  controlling the virus; and  COVID-19 Virus; and  important in compelling the community to act.  We are extremely grateful to the business owners, citizens, public health care organizations, and city employees for their efforts and sacrifices made in response to We implore the Ephrata citizens and County residents to implement cautionary measures as directed by the Grant County Health Officials and the State Health In signing this Proclamation, the Mayor and each City of Ephrata Council member commits to setting an example to the public in implementing the measures recommended by the Grant County Health Officials, and specifically by wearing a Thatt this Proclamation shall bei in effect until such a time as the "State of Emergency"  this virus, and Department, and  mask when in a public setting, and  has been rescinded by the Governor of the State of Washington.  Signed this 19th day of August, 2020  Bruce Reim, Mayor    MEMO  PARKS AND RECREATION DEPARTMENT  TO: RE:  Mike Warren - City Administrator BOLD Scholarship Donation  FROM: Traci Bennett = Parks and Recreation Director  DATE: July 30, 2020  An anonymous donation of $200 was given to the Parks and Recreation Department for the  BOLD scholarship fund.    MEMORANDUM  Parks and Recreation! Department  TO: RE:  Leslie Trachsler - Finance Director  FROM: Traci Bennett - Park and Recreation Director  DATE: August 12,2020  Donations  The Parks and Recreation Department received $300 donations from the following businesses to  extend the Drive-In movie series:  Columbia Basin Chiropractic Care - Dr. Bedford  WA Trust Bank Granco Credit Union  A flat screen tv was also donated the BOLD program from Sue Thompson.  W ephrala org  recrealonaphalaorg    MPMORANDUM  To: From: Date: Re:  Mayor Reim, City Council and City Administrator Warren  Leslie Trachsler, Finance Director August 13, 2020  Utilityl Fee Rate Notification to Rate Payers  The recent passage of Substitute House Bill 2889 by the House and Senate in March, 2020 with an effective date of. June 11,2020 addressed Utility Tax Disclosures and added a new section to Chapter 35.92 RCW, Municipal Utilities. The new law requires any city or town that owns and operates a water, sewer, wastewater, or stormwater utility and that also imposes ai fee or tax on the gross revenues of those utilities to disclose the fee or tax rate to its customers. In response to HB 2889, staff proposes the following post on Ephrata's web site and September billing statement. The highlighted text is new and addresses what is required by House Bill  2889. UTILITY RATES  Residential water is billed al basic charge of $51.55 per month. Water usage is billed at $0.83 per thousand gallons. Residential seweri is billed at a flat $41.05 per month. Water meters are: read every other month, May through November. You will be billed for water usage in addition to your basic bill on each of the read months. Commercial sewer rates vary according to winter water usage. The amount billed includes a utility tax of20% calculated on the gross operating  income of the water and sewer utilities.  WRITTEN NOTICE TO UTILITY CUSTOMERS Verbiage to be included on September, 2020 billing statement:  Information on utility rates and utility fees can be found on the City's website at  http:lephrata.org  PLEASE SEE ATTACHED SUBSTITUTE HOUSE BILL 2889    CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL 2889  66th Legislature 2020 Regular Session  Passed by the House March 9, 2020  CERTIFICATE  Yeas 94 Nays 2  I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2889 as passed by the Representatives and the Senate on the dates hereon set forth.  Speaker of the House of Representatives  House  of  Passed by the Senate March 6, 2020  Yeas 48 Nays 0  Chief Clerk  President of the Senate Approved  FILED  Secretary of State State of Washington  Governor of the State of Washington    SUBSTITUTE HOUSE BILL 2889 AS AMENDED BY THE SENATE  Passed Legislature - 2020 Regular Session  State of Washington  66th Legislature  2020 Regular Session  By House Local Government (originally sponsored by Representative  Griffey)  READ FIRST TIME 02/07/20.  1  AN ACT Relating to utility tax disclosures; and adding a new  2 section to chapter 35.92 RCW.  3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:  4 6  NEW SECTION. Sec. 1. A new section is added to chapter 35.92 (1) Any city or town that operates its own water, sewer or  5 RCW to read as follows:  7 wastewater, or stormwater utility and imposes a fee or tax on the 8 gross revenue of such a utility shall disclose the fee or tax rate to 9 its utility customers. Such disclosure shall include statements, as 10 applicable, that "the amount billed includes a fee or tax up  11 to  (dollar amount or percentage) calculated on the gross  12 revenue of the water utility; a fee or tax up to 14 wastewater utility; a fee or tax up to  (dollar  13 amount or percentage), calculated on gross revenue of the sewer or 15 percentage) calculated on the gross revenue of the stormwater  (dollar amount or  16 utility." 17 09  (2) The disclosures required by this section must occur through (a) On regular billing statements provided electronically or in  18 at least one of the following methods:  written form;  p.1  SHB 2889.PL    1  (b) On the city or town's web site, if the city or town provides  2 written notice to customers or taxpayers that such information is  3 available on its web site; or  4  (c) Through a billing insert, mailer, or other written or  5 electronic communication provided to customers or taxpayers on either 6 an annual basis or within thirty days of the effective date of any  7 subsequent tax rate change.  END  P.2  SHB 2889.PL    2021 CITY OF EPHRATA BUDGET SCHEDULE  AND  GOALS & OBJECTIVES  PHRA  2021 BUDGET SCHEDULE  DATE 19 AUG 04SEP 05S SEP 05 SEP 28 SEP 070CT 210CT 03NOV 04NOV 18NOV 30NOV 02 DEC 16 DEC  EVENT Council Meeting Council Meeting Worksheets Staff Work Worksheets Due Council Meeting Council Meeting ELECTION. DAY 1st Public Hearing  PROCESS  Council discusses draft goals and objectives for 2021 Budget Council adopts 2021 Goals: and Objectives Staffr receives worksheets for 2021 budget requests. Administration refines revenue forecasts and prepare budget message. All departmental heads retumn worksheets to Administration. Forms are collated and prepared for preliminary budget. I"Draft oft the Budget presented t0 Council using worksheet format. 2"I Draft oft the Budget presented to Council, still using worksheet format. Set Public Hearing: Ad Valorem taxes for 04 Nov. Draft oft the Budget presented to Council using BARS format. Ad Valorem Final draft oft the Budget presented top public using BARS: and Summary format. Last dayt to certify Ad Valorem Taxes with County Commissioners. and the Final draft oft the Budget presented to public using BARS: and Summary format. Passage of final Supplementary Appropriation ordinances for: 2020.  Public Hearing Property Tax ordinance passage. Set Public Hearings: 2021 Budget 18 Nov and 02 Dec.  Preliminary Budget Hearing Passage of: 2021 Final Budget Hearing  Ad Valorem Tax Certification Assessors office  2nd Public Hearing Council Meeting    CITY OF EPHRATA MISSION STATEMENT  MOTTO MISSION  We Exist to Serve  Our mission is to build the finest community, with the highest quality of life,  in Central Washington.  CORE VALUES  Service to build a Safe City Service to build a high Quality of Life Service to build Responsive Government Service that builds Courage in Leadership Service to build Recreation for All Ages Service that builds Fiscal Conservatism Service that builds Innovation Service that builds an Inclusive Community 1) City to lead by example 2) Improve our Beauty and Appearance 3) Improve Recreation Programs for all 4) Update and Improve Infrastructure 5) Aggressively Market Ephrata  LONG RANGE GOALS  6) Build facilities only when they can be maintained and  "done right"  2019 OBJECTIVES  1. Continue to Improve Public Safety  2. Improve Prevention of, and Response to, Roadway 2. Maintain Financial Stability and Accountability 3. Attract, Develop, and Retain Quality Employees 5. Continue to Reward and Promote Efficiency  Damage  2020 OBJECTIVES  1. Continue to Improve Public Safety  2. Improve Public Works Response and Improve Quality at 3. Continue to Slowly Grow Reserves to Targets 4. Continue to Hire the Best and Most Qualified Individuals for 5. Continue to Reward and Promote Efficiency in all  Facilities  Long-Term Employment Department    tib! Washington State Transportation Improvement. Board  3-E-164(006)-1  Fuel Tax Grant Agreement  City of Ephrata 3-E-164(006)-1 FY2 2021 Overlay Project Multiple Locations  STATE OF WASHINGTON AND City of Ephrata AGREEMENT  TRANSPORTATION IMPROVEMENT BOARD  THIS GRANT AGREEMENT (hereinafter Agreement") for the FY 2021 Overlay Project, Multiple Locations (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Ephrata, a  political subdivision oft the State of Washington (hereinafter RECIPIENT").  1.0PURPOSE  TIB hereby grants funds in the amount of $656,933 for the project specified above, pursuant to terms contained int the RECIPIENT'S Grant Application, supporting documentation, chapter  47.26 RCW, title 479 WAC, and the terms and conditions listed below.  2.0 SCOPE AND BUDGET  The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will bei further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIBi in advance by written amendment. TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, thet terms contained int the document will be incorporated by reference into the Agreement. Required documents include, but are not limited toi the following:  3.0 PROJECT DOCUMENTATION  a) Project Funding Status Form C) Award Updated Cost Estimate d) Bid Tabulations Project Accounting History  b) Bid Authorization Form with plans and engineers estimate  e) Contract Completion Updated Cost Estimate with final summary of quantities  4.0BILLING. AND PAYMENT  Fuel Tax Agreement  Page 1of5  November 2012    tib! Washington State Transportation Improvement Board  3-E-164(006)-1  Fuel Tax Grant Agreement  The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted atl least quarterly if billable amounts are greater than $50,000. If progress billings are not submitted, large payments may  be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT  This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended  by the Parties. 6.0 AMENDMENTS  This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they arei in writing and signed by persons authorized to bind each oft the  Parties. 7.0 ASSIGNMENT  The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment oft this Agreement by TIB to a successor entity. Such consent shall not constitute a  waiver oft the RECIPIENT's other rights under this Agreement.  8.0 GOVERNANCE & VENUE  This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be int the Superior Court for  Thurston County.  9.0DEFAULT AND TERMINATION 1NON-COMPLANCE inv writing, of the non-compliance.  a) Int the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions oft this Agreement, TIB shall notify the RECIPIENT, b) Inr response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non-complance, which should include either a detailed plan to correct the non-complance, a request to amend the Project, or a denial c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional  accompanied by supporting details.  reimbursable costs during the investigation.  9.2 DEFAULT  Fuel Tax Agreement  Page 2of5  November: 2012    (tib! Washington State Transportation Improvement Board  3-E-164(006)-1  Fuel Tax Grant Agreement  RECIPIENT may be considered in default if TIB determines, ini its sole discretion, that: RECIPIENT is not making reasonable progress toward correction and  a)  compliance.  b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance.  TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the  Agreement has been terminated. 93TERMINATION  a) Ini the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination oft this Agreement, which shall be served inj person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law.  be directed by TIB. grant funds.  94TERMINATION FOR NECESSITY  TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available fori the purpose ofr meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior tot the effective date of  termination.  10.0 USE OF1 TIB GRANT FUNDS  TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT tot the terms, conditions and remedies set forth in Section 9. IfF Right ofWayi is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor  vehicle purpose.  11.0 INCREASE OR DECREASE INT TIB GRANT FUNDS  At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. Alli increase requests must be made pursuant to WAC 479-05-202 and/or' WAC 479-01-060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than thei initial grant award, TIB funds will be decreased and/or refunded to TIB ina a manner that maintains the original ratio between TIB funds and total project costs.  Fuel Tax Agreement  Page 3of5  November 2012    tib Washington State Transportation Improvement Board  3-E-164(006)-1  Fuel Tax Grant Agreement  12.0 INDEPENDENT CAPACITY  The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any ofi its contractors, subcontractors, and employees thereof  shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION. AND HOLD HARMLESS The PARTIES agree to the following:  Each of the PARTIES, shall protect, defend, indemnify, and save. harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope oft their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of al PARTY's own negligence. Each oft the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions oft the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive  termination of this Agreement. 14.0 DISPUTE RESOLUTION  a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under ori in connection with b) Informal Resolution. The PARTIES shall uset their best efforts to resolve disputes c) Int the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute ino order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted.  thet terms of this AGREEMENT.  promptly and at the lowest organizational level.  Fuel" Tax Agreement  Page 4of5  November 2012    (tib Washington State Transportation Improvement Board  3-E-164(006)-1  Fuel Tax Grant Agreement  15.0 ENTIRE AGREEMENT  This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all  previous written or oral agreements between the PARTIES.  16.0 RECORDS MAINTENANCE  The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended int the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times toi inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials sO authorized by law, regulation or Ifany litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have  agreement. been resolved. Approved as to Form Attorney General By:  Signature on file  Guy Bowman Assistant Attorney General  Lead Agency  Transportation Improvement Board  ChiefE Executive Offiçer  Date  Executive Director  Date  Print Name  Print Name  Fuel Tax Agreement  Page 5of5  November 2012    CityofEphrata  Date Submitted:  CITY OF EPHRATA SMALL BUSINESS AND NONPROFIT CARES ACT Thei information provided allows the City of Ephrata to evaluate your grant application. This contract must bei filled out completely to be considered for the CARES Act Grant. This grant is ai reimbursable grant that will be awarded after proper documentation and submission of verified expenditures accrued.  GRANT  "Requirements for this reimbursable grant are as follows:' *  1)! Businesses with 15 or less full-time equivalent employees; 2) The! business iss situatedi in Ephrata,' Washington; 3) Thel business has beenin operation for longer thans six months;  The! business has a valid' Unified Business Identifier (UBI) and a city business license; 5) The business has completed an Application form ande enteredi into the agreement with The City of 6) The total amount of grant funds available to any one business shall not exceed $5,000.  Ephrata.  Company Name: Location: CEO/Owner Name: Email: Phone: Industry  Establishment Date: In Operation for at least 6 UBI Number:  months? Yes  No  Sector: Retail Restaurant/Food Business Hospitality Manufacturing JOther:  Has your business been affected by emergency public health protections inj place and/or mandatory closure by executive order due to COVID-19?  Yes  ONo  Amount of Emergency Grant Money Being  Requested: $ Total Number of Employees as of01/01/2020: Company Description:  COMPANY BACKGROUND  Number of Workers Laid Off Duei to COVID-19:  Ifone employee only, is this a sole proprietor? Describe the company andi its products/services.  Yes [JNo  Economic Impact: is critical to the business?  Describe the effect of the public health crisis on the business and how allocated funds can help the business. Why funding  Page 1    When did the impact start? Start date:  Estimated revenue losses in 3/2020-10/2020 compared to lasty year please give details.  Closing Likelihood the of Business Permanently Number ofp potential jobs lost  DHigh  Medium  OJLow  Business Closed Due to Governor's Directive  Will This grant help retain jobs? If so, how many?  Has the company received any state, federal, or othert funding? Ify yes, please provide details.  EXPLANATION OF USE OF FUNDS  Explain how funds will be used tol help the business. This information can help the City of Ephrata ensure that the expenses proposed  are eligible for reimbursement.  Applications without al list of proposed expenses will be considered incomplete.  Allowable Expenses: Funding can be used towards COVID-19-related. medical or public health expenses, payroll expenses for employees who are substantially dedicated tor mitigating or responding to the COVID-19, public health emergency, expenses lot facilitate compliance with COVID-19 public health measures, expenses associated with the provision of economic support necessary for Unallowable Expenses: Expenses for the state share of Medicaid, damages covered by insurance, payroll or benefits to employees whose everyday work duties are not substantially dedicated to responding to COVID-19, expenses that have been or will be reimbursed  responding to COVID-19.  under any federal program such than hazard pay or overtime, severance, pay, and legal settlements.  EMPLOYMENT INFORMATION  Average Annual Payroll: Average Annual Salary for One Individual: Benefits Paid to Employees? Ist the applicant's LNI account current? What measures the company is already taking or trying to take to support employees during the pandemic?  OYes ONo OYes DNo Not Sure  Your may! look upt thet businesses online at psbsaren.sacunarte  ADDITIONAL INFORMATION  Currently, is the company facing any pending litigation or legal action?  Has the company had any state complance/reguatony issues within Washington or another state you are or have done business in? SIGN: "I declare under penalty of perjury under the laws of the State of Washington that thet foregoing is true and  correct":  Applicants are subject to alll imitations/egurementis set fourthi inf Resolution: 20-011  Page 2