EPHRATA CITY COUNCIL  MAYOR BRUCE REIM MAYOR PRO-TEM WILLIAM COE COUNCILMIEMIE: KATHLEEN ALLSTOT, RATILEENIARKN, SARAH NIDONNELLAVALLINILLARD. MATT MOORE, TONY MORA, AGENDA FOR SEPTEMBER 07, 2022 -  6:00F PM  EXECUTIVE SESSION THE CITY OF EPHRATA CONDUCTS EXECUTIVE SESSION IN ACCORDANCE WITHE RCW  42.30.1100F THE OPEN PUBLICMEETING/ AÇT  1. Collective Bargaining Strategy/Position (RCW4 42.30.140(4)b) 2. Acquisition of Real Estate or Site Selection (RCW4 42.30.110(1)b)  7:001 PM  REGULAR SESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of! Meeting: NO 6. Presentations:  5. Additions or corrections to published Agenda A. Spirit of Ephrata Award - Mike Scellick  II  CONSENT AGENDA . Approval of Claim Fund Bills and Checks Issued 2. Approval of Council Minutes: a.August 17,2022 Regular Meeting b.August 31,2022 Study Session 3. Approval of Special Event Application: 2022 from 9:30a.m. to 1:00 p.m. October 14, 2022 from 2:30 p.m. to 7:00 p.m.  Splatter Painting - Ephrata Library at Rock Park, August 27 and September 10, Basin Sounders Grassroots Soccer at Ephrata Sports Complex, August 30 thru Halloween Trunk or Treat, C Street from 1#SW to I*NW, October 31, 2022  BILLS: McDonnell, Harris, Moare    Wine & Art Walk, ERC grassy area for Wine/Beer Garden, October 22, 2022  from 3:00 p.m. to 10:30 p.m.  III STAFF.COMMITTEE. & AGENCY REPORTS  IV CLOSED RECORD DECISIONS [RCW CHAPTERS 36, 42: OPENPUBLIC INPUTI NOT PERMITTED!  V  PUBLIC HEARINGS  VI ORDINANCES & RESOLUTIONS  VII ITEMS FOR COUNCIL CONSIDERATION  VIII ITEMS FOR COUNCIL ACTION 2. Adopt 2023 Goals and Objectives 4. Amend Policy 3093 -FMLA  1. Confirm Mayor's appointment of Community Development Director 3. Approve and Authorize Professional Services Agreement for Hearing 5. Appoint Council member to the Lodging Tax Advisory Committee 6. Accept Sewer Collection System Improvement Project as complete  Examiner  IX ADMINISTRATION REPORTS 1. Update on Personnel Recruitment  BILIS: McDonnell, Harris. Moore    CITY COUNCIL MINUTES  August 17, 2022  City Council of the City of Ephrata, Grant County Washington met in regular session on August 17,2022. The meeting was called to order at 7:00 p.m. by Mayor Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  Bruce Reim.  members Kathleen Allstot, Kathleen Harris, Sarah McDonnell, City Attorney Anna Franz, Public Works Director Bill Sangster, Community Relations Director Traci Bennett, Fire Chief Jeremy Burns, Police Chief Kurt Adkinson, City Clerk/Finance Director Leslie Trachsler and Deputy City Clerk Carrie Lnenicka  Valli Millard, and Matt Moore  Staff Present:  Motion to excuse Tony Mora (m/s Millard/Allstot) Motion carried.  Pledge of Allegiance was said. Brenda Hampton signed up to speak.  Agenda: There were no additions/correction to the agenda.  Presentations: Jason Laugen presented the City of Ephrata an appreciation plaque on behalf of Babe Ruth Baseball. Jason is the coach for the Columbia Basin RiverDogs, who hosted the 2022 Babe Ruth World Series in Ephrata. Jason mentioned to Council that many of the out of state players, coaches and family members commented on the beauty of the city and the support and hospitality that was shown by the community. Consent Agenda: Motion was made to approve consent agenda. (m/s  Mayor Reim accepted the plaque. Moore/McDonnell) Motion carried. Items on the consent agenda are as follows:  Claims #95381 through #95386 in the amount of $5,239.72 Claims #95387 through #95436 in the amount of $129,175.92 Checks #86082022,87082022,88082022 and 89082022 in the amount of  $6,121.05    Minutes of the August 3, 2022 Council meeting  Special Event Applications: Discussion on Ping Pond Regulations  Brenda Hampton signed up to speak to council and read a statement and emails she Police Chief. Adkinson updated Council regarding his meeting with Regional WDFW Captain Mike Jewell. Captain Jewell informed Chief Adkinson that a resolution or formal letter from Council requesting a change to the WAC description of Ping Pond could be submitted and be reviewed by their agency's board. After much Council discussion, Council directed legal counsel to petition WDFW to change the WAC description of Ping Pond to allow fishing for juveniles and those with qualifying disabilities and the fishing  received from Washington Department of Fish and Wildlife.  season from year around to April through September. Review/Set Goals and Objectives for 2023 Budget  Finance Director Trachsler presented council with 2022 Budget Objective Measurements. The presentation identified each of the 2022 Goals and Objectives and listed what each department has done and are continuing to do to meet those goals and objectives. Council was asked to let the Finance Director know ift they have any changes for the 2023 Goals  and Objectives.  Approve Surplus of Brush Truck #2125  Chief Burns is requesting to surplus Brush Truck #2125. The Ephrata Fire Department replaced this vehicle 2 years ago with a military vehicle that was acquired. Grant County Fire District 7 has lost a few vehicles this fire season and would like to purchase this Motion to Approve Surplus of Brush Truck #2125 (m/s Harris/Moore) Motion carried.  vehicle once surplussed.  Administration Report:  Update on Personnel Hiring: Director Trachsler informed Council that advertisement has begun for the Customer Service Specialist position as Terri Moncrief has announced There are currently 3 applicants for the City Administrator position. Those applications The Mayor is still deliberating the Community Development Director position after  her retirement in November of this year. are available for Council to preview. interviews were conducted on August 11,2022. Update on Parks Master Plan  Parks Director Traci Bennett gave a brief update to Council about the survey that was conducted by AHBL. The survey concluded on July 29th with 292 responses. Traci reported quite al bit of feedback. The next order of business will be AHBL meeting with    the Parks Commission to present the results of the survey to the commissioners and begin  discussing goals and objectives.  There being no further business meeting adjourned at 8:04 p.m.  Bruce Reim, Mayor  ATTEST:  Carrie Lnenicka, Deputy City Clerk    CITY COUNCIL MINUTES STUDY SESSION August 31, 2022  City Council ofthe City ofEphrata, Grant County Washington conducteda Study Session on August31,2022. The study session opened at 5:00 p.m. by Mayor Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  Bruce Reim.  members Kathleen Allstot, Kathleen Harris, Sarah McDonnell, City Attorney. Anna Franz, Public Works Director Bill Sangster, Fire ChiefJeremy Burns, Police Chief Kurt Adkinson, and City  Valli Millard, Matt Moore and Tony Mora Clerk/Finance Director) Leslie Trachsler  Staff Present:  Council discussed and reviewed the Mission Statement of Ephrata which includes the Goals and Objectives. There was much discussion regarding Council's responsibility in setting the overall goals of the city and charging the department directors with identifying the objectives as they relate to their area of expertise. This will provide Council and staff  achecklist to use to measure the meeting of these objectives.  There was further discussion:  Core Values it was determined that they are not necessary. Monthly staff reports - modify to tie to the objectives and report quarterly  VS monthly.  Modifying the Mission Statement.  Goals identified:  1) Focus on Public Safety 2) Increase Community Engagement 3) Provide Adequate Infrastructure 4) Maintain Quality Personnel & Relationships 5) Maintain an Appealing, Healthy Community  Study session dismissed at 6:20 p.m.    Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    - 81222  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: SplaHer Pasting Date(s) of Event: Auq 37,apt I0  2. Setup Start Time/Date: 930 3. Event End Time: 12:b0Pm 4. Sponsoring Organization: êphrata  Event Start Time: 1.DOAM Clean Up End Time/Date: WooT PMM  5.6  Lbrany  Event Coordinator/Primary Contact: (athy Dawnin  6.N Malling Address: 45 aodo. Stnoat  7.0 Day Phone: 8.E Email:  Cell Phone: Fax:  509-754 3971 Cdasosen@ngpl.opg  9. Secondary Contact: Aarbn LDQ Prelbege 509754- - 3971  10. Is alcohol being served?  YES NO  IfYES include a copy of the State Liquor Permit.  11. Do you wish to utilize any City property, such as ap park? (YES) NO 12. Wil this event Include Food Vendors of any type? YES NO list of vendors is required to be submitted with the application.  IFYES, which one(s)?  Rock fark  Ify yes, all vendors must apply for a Temporary Food Service Permit with the County Health District. A  13. Anticipated number of attendees?  35  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 HOLD HARMLESS the City of Ephrata from any and alll 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 in this event whether caused by any negligent act or omission of the City or otherwise. This agreement shall not apply 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 thereof is held invalid, 5. Falsification and/or 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 organization'usiness 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 NOTIFICATION TO CITY.  this application on its behalf. The information herein is complete and accurate.  APPLICANTCathy Dqwson  PRINT NAME  Sphmsinia ablbnacy  SIGNATURE OF APPLICANT:  hthu Awson  ali2/22 DATE  SIGN NAME  APPROVAL, DENIAL OR INCLUSION OF RESTRICTIONS OR SPECIAL CONDITIONS OF USE PERMIT IS AT THE SOLE DISCRETION OF THE CITY PURSUANT TO EMC 05.10. All applications  must be reviewed and approved before a permit can be issued.  Submit completed original application, along with required attachments to:  OFFICE OF THE CITY ADMINISTRATOR  CITY OF EPHRATA 121 ALDER ST. SW EPHRATA, WA 98823  8    received 8522  SPECIAL EVENT PERMIT APPLICATION  City of Ephrata 121 Alder Street SW Ephrata, WA 98823 (509) 754-4601 ph (509) 754-0912 fax 1. Name of Event. DanSounders 2 Selup Slarl Time/Date. ee 3. Event End Time" Sponsoring Organization Basns Sounders Event CoordinatorPrimary Conlact  PERMIT APPROVED.  YES Date: 30-Ctober. 5pm (Hisched) Oehber/4t 6pm  NO 741 E  Authorized City Signature: BgaSounders August30 S:0pm  Dale(s) of Event. August Even! Start Time Clean Up End Time/Date.  Soccer Tienre Grassroofs Soccer  Augual Sectember &iober  Monday wawswrdy730 October 14th bpm NA  Basin Sounders - Grussrnts Soccor 6pkota1a/33 SA Angelica Adams 509 737-1394  6. Mailing Address PO.Box 4784 Spokane, WA  Day Phone: Email: Secondary Contact BrasHanhmes Fuasgnas 6099 94241e 10. Is alcohol being served? IYES, which one(s)? Epivalas Sporscomples NOM sued Feids  CellPhone Fax: Phone.  (s09) 850-7787  (509).750-833/  -derick.jentales egmail .com  YES  IYES include a copy of the State Liquor Permit.  Nosloohol  11. Doy your wish to ulilize any Cily properly, such as a park? YES NO 12. Will this eventi include Food' Vendors of anyt type? ofv vendors is required to be submited with the appicalion 13 Anticipaled number of attendees? FOR OFFICE USE ONLY: Park & Rec. Community Development Fire  YES  lyes, all vendors must apply for a Temporary Food Service Permil with the Counly Health District Alist  110 playes 5-16 years  THE PRIMARY CONTACTMUSTI LIST AC DAY OF EVENT PHONE NUMBER IF NOT LISTEDABOVE  Code Enforcement Police Public Works CASH CC CHECK# DATE.  STAFF - INITIAL AND DATE UPON APPROVAL OR ATTACH MEMORANDUM WITH CONDITIONS.  PAYMENT AMOUNT: RECEIVEDBY:  7    NDEMNIFICATION/ HOLD HARMLESS AGREEMENT INC 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 HOLD 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 Cily's right to indemnity or incurred on appeal) resulting fromi involvement int this event whether caused by any negligent act or omission of the City or otherwise. This agreement shall not apply 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 properly. 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 harmiess agreement IS intended to be as broad and inclusive as permitted by Washington law and that if any portion thereof is held invalid. 5 Falsification and/or misrepresentation in completing this application may result in rate adjustment or event cancellation. IUNDERSTAND THAT CHANGES TO THE ABOVE DETAILED PROGRAM Lthe undersigned representative, have read the Special Events Application and the Policies and Procedures contained herein, and am duly authorized by the event organizalion'business to submit  equipment and/or facilities.  Department as safe for the partiçular event or facility.  nolwithslanding, the balance shall continue in full legal force and effect  REQUIRE IMMEDIATE NOTIFICATION TO CITY.  this application on its behalf. The information herein is complete and accurate.  APPLICANT: DemcGonzales  Basin Sounders AUTHORIZED AGENTFOR  PRINT NAME  SIGNATURE OF APPLICANT:  Byb SIGN'NAME  08/25/22 DATE  APPROVAL, DENIAL OR INCLUSION OF RESTRICTIONS OR SPECIAL CONDITIONS OF USE PERMIT IS AT THE SOLE DISCRETION OF THE CITY PURSUANT TO EMÇ 05.10. All applications Submit completed original appliçation, along with required attachments to:  must be reviewed and approved before a permil can be issued.  OFFICE OF THE CITY ADMINISTRATOR  CITY OF EPHRATA 121 ALDER ST. SW EPHRATA, WA 98823    Schedule  August 301- October Sth  Ages  2018-3 2014  4-5pm (0-10.45 o-ML  E  Ages 2013- 2010  Wedresdays 4-Spm Sahurdays 10-115am  Fields herdled  4 Wvh frelds (Barin Sounlers will paiat  andsef wpReils)  2 90felds (w sef p  )  INSUPANEE ATTACHEP  RGikg of Ephrake    ACORD'  CERTIFICATE OF LIABILITY INSURANCE  OATEWVDOWYMI 8/24/2022  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRAÇT BETWEEN THE ISSU'NG INSURERIS). AUTHORIZED IMPORTANT: lthe certificale holdor is an ADDITIONAL INSURED, the policylles) must have ADDITIONAL INSURED provis ans or be endorsed. "SUBROGATION IS WAIVED, subject to tho torms and conditlons ol the pollcy, certain policies may require an endorsement A statement on  REPRESENTATIVE ORF PRODUCER, AND THE CERTIFICATE HOLDER.  thls certificate does not confer rights to the certificate holdor inl liou ol such endorsements)  PROOUCER Insurance Office of America. Inc. 1855 Wesl State Road 434 Longwood FL 32750 INSURED National Association of Competitive Soccer Clubs dba US Club Soccer 7745 Shelmore Blvd Sle 104 Mount Pleasant SC: 29464 COVERAGES INEI AIR  OMACT AAE AQDHESS MBAERGATONDNOCOMNVCE INSURERA Unt ted States Fue Insurance Company USCLUOS INSURERB Accredded Surely & Cas Colnc HDI Gioba PSURERC Specal SE INSURERD USURERE MSURERE  FAEN  NAIC 21113 26379  CERTIFICATE NUMBER: 283654740  REVISION NUMBER:  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THC POLICY PERIO INDICATED NOTWTHSTANDING. ANY REQUIREMENT TERM OR CONDITION CF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS  EXCLUSIONS AND CONDITIONS OFS SUCHF POLICIES LIMITS SHOWN MAY) HAVE BEEN REDUCEDBY PAIDCLAIMS  OUCYET POUCVENE  INSDD  POLICYMUMBER ITRE SC 17-01338515-00  UMITS ERUSISIGRSAESU, DAMAGET TORENTEO $200003 MEO EXPI (An one $5000 PERSONAL LADVE BJURY $2000000 GENERAL AGGREGATE 14.000.00) PRODUCIS. ÇOMP OPA AGG $2000 $2000000 riy) SNGLELNTT Perperson ENKURY (Per actoer FROPERIYDAMAGE Piseserii AGGREGATE SATUSE ELE EACHACCIDENT ELDISEASE. EAEMPLOYEE EL DISEASE POLCYLIuI  . x COMMERCIAL GEMERALLIADIUIY CLAPAS MADE OCCUR X Pancrantt GINI AGGREGATE LIMI APPLIESPER POLCY XOIHER SacionedEvet AUTOMDBLEL UABILITY ANYA AUTO OWNEO WTOSO ONLY AVIOS ONLY UMBRELLAUAE OCCUR EXCESSUAB DEO RETENTIONS WORKERSC COMPENSATION ANOEMPLOYERS AIPROPAIETOF  8/1/2022 8/142023 EACHOCCURRENCE $2000  LOC SCHEDULED I95. AUTOS ONLY CLAINIS MADE VE  1-TRE- SC-17.01228518-00  8/1/2022 8/1/2023 EACHOCCURRENCE $3.000000  $3000Gc0 FPA"  US1819977 HDHX003700505  6/1/2022 8/2023 MedesMamn 8/12022 a/1-2023 Eacessols)mp pms may be stischeditmon spscalrqured).  100000 500 1000000  DESCRIPTIONG OF OPERATIONS /LOCATIONS IVEHICLES (ACORD ses, players ands slalf participalings with Basin Sounders, Clubl ID# C19351 CERTIFICATE HOLDER  The Certificate Holder 15 includeda as an Addtionall Insured under the GeneralLiabilty end Excess! Labihly pohcies when reguired by wtten coniract but only with respact tot the operabons oflha Named Insured This Cerlifiçate IS issued on behallo ofa ally valid' YOUTH US CLUB: SOCCER regislered and approved  Ifusing as an indoor laçhly, coverage Is lmted to praclice. meelings. ando officialtraning sessions fort this ciib ony  CANCELLATION ACCORDANCE WITHTHE POLICY PROVISIONS AVTMORIPAEPAEEMTAINE ALl  SHOULDANY OF THE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO N  City ofEphrata 121 Alder St SW Ephrata WAS 98823  01988-2015 ACORD CORPORATION. All rights reserved  ACORD25 (2016/03)  The ACORD namo and logo are rogistered marks OfA ACORD    reseived 13002  SPECIAL EVENT PERMIT APPLICATION  City of Ephrata 121 Alder Street SW Ephrata, WA 98823 (509) 754-4601 ph (509) 754-0912 fax 1. 2. 3. 4. 5. 6. 8. 9.  PERMIT APPROVED:  YES Date:  NO  Authorized City Signature:  Name of Event: Halloween Trunk or Treat Date(s) of Event: October 31, 2022 Setup Start Time/Date:2:00p pm/Oct.31,2022 Event Start Time: 4:00 pm  Event End' Time: 7:00 pm  Clean Up End Time/Date:8:00 pm/Oct. 22  Sponsoring Organization:Ephrata Chamber of Commerce Event Coordinator/Primary Contact:Rita Witte Mailing Address: P.O. Box 275, Ephrata WA 98823 Email: PMalamsdhamte@ymaton Secondary Contact: Britney MacLeod  Ephrata School Dist.  7. Day Phone: 509-750-6183  Cell Phone: 509-750-6183 Phone: 509-398-6333  Fax:  10. Is alcohol being served?  YES NOXX IfYES include a copy of the State Liquor Permit.  11. Do you wish to utilize any City property, such as a park? YES NOX IfYES, which one(s)? please see attached street closure request of vendors is required to be submitted with the application.  12. Will this event include Food' Vendors of any type? 13. Anticipated number of attendees? 1500  YES NOX  Ifyes, all vendors must apply for a Temporary Food Service Permit with the County Health District. AI list  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 HOLD HARMLESS the City of Ephrata from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attomey fees to establish the City's right to indemnity or incurred on appeal) resulting from involvement in this event whether caused by any negligent act or omission of the City or otherwise. This agreement shall not apply 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 thereof is held invalid, 5. Falsification and/or misrepresentation in completing this application may result in rate adjustment or event cancellation. 'UNDERSTAND THAT CHANGES TO THE ABOVE DETAILED PROGRAM 1,the undersigned representative, have read the Special Events Application and the Policies and Procedures contained herein, and 1 am duly authorized by the event organizationbusiness 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 NOTIFICATION TO CITY.  this application on its behalf. The information herein is complete and accurate.  mcmaALSik  Ub FOR Commeyce  PRINT NAME  Smls Shankra  -  SIGNATURE OF APPLICANT: PLw  SIGN! NAME  slasla  APPROVAL, DENIAL OR INCLUSION OF RESTRICTIONS OR SPECIAL CONDITIONS OF USE PERMIT IS AT THE SOLE DISCRETION OF THE CITY PURSUANT TO EMC 05.10. All applications  must be reviewed and approved before a permit can be issued.  Submit completed original application, along with required attachments to:  OFFICE OF THE CITY ADMINISTRATOR  CITY OF EPHRATA 121 ALDER ST. SW EPHRATA, WA 98823    Ephrata Chamber of Commerce and the Ephrata School District will be collaborating for the Halloween Trunk or Treat event on October 318t from 2:30 pm-7 pm. We would like to move the annual Trunk or Treat event from the high school and as in the past, Basin St. to C Street from 1st Ave SW to 1st Ave NW. Therefore,weare requesing the closing ofCStreet from 1st Ave SWto 1st Ave NW. The High School will be in use fori football and parking thus taking the space we would normally use. Rather than holding this event on Basin Street for safety reasons we feel moving up to CS St. would benefit all and keep the children and adults safe during this  fun event. Thank you. Rita Witte  Ephrata Chamber of Commerce    seIveo, 8130/22  SPECIAL EVENT PERMIT APPLICATION  City of Ephrata 121 Alder Street SW Ephrata, WA 98823 (509) 754-4601 ph (509) 754-0912 fax 1. 2. 4. 5. 6. 8. 9.  PERMIT APPROVED:  YES Date:  NO  Authorized City Signature:  Name of Event: Ephrata Chamber of Commerce Date(s) of Event: Setup Start Time/Date: Friday Oct21 5 pm Event Start Time: 3 pm Sponsoring Organization: Ephrata Chamber of Commerce Event Coordinator/Primary Contact: Rita Witte  Wine & Art' Walk  October 22, 2022  3. Event End' Time: 10 pm  Clean Up End Time/Date: 11:30 pm Oct22  Mailing Address: 7. Day Phone: 509-750-6183  P.O Box 275, Ephrata WA 98823  Cell Phone: Fax:  same  Email: Mamschame6ymstcon Secondary Contact: Britney MacLeod  Phon:509-398-633  10. Is alcohol being served?  YES X NO IFYES include a copy of the State Liquor Permit.  11. Doy you wish to utilize any City property, such as a park? YES NO  IFYES, which one(s)? Please see attached 12. Will this event include Food Vendors of any type? 13. Anticipated number of attendees? 200  YES NO  lfyes, 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 AD 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 INC CONSIDERATION OF BEING PERMITTED TO PRODUCE THIS SPECIAL EVENT OR ACTIVITY OR USE OF ANY CITY PROPERTY ORI FACILITIES IN CONNECTION WITH THIS ACTIVITY, THE UNDERSIGNED APPLICANT "INDEMNITOR") AGREES TO THE FOLLOWING: 1. THE INDEMNITOR HEREBY AGREES TO RELEASE, INDEMNIFY AND HOLD 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 apply 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 thereof is held invalid, 5. Falsifiçation and/or 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 lam duly authorized by the event organizationbusiness to submit  equipment and/or facilities.  Department as safe for the particular event or facility.  notwithstanding. the balance shall continue int full legal force and effect.  REQUIRE IMMEDIATE NOTIFICATION TO CITY.  this application on its behalf. The information herein is complete and accurate.  APPLICANT: Ra Miihe  Sddmber  PRINT NAME  &  AUTHORIZED AGENT TroRlommene  SIGNATURE OF APPLICANT: 64 Mwd  Cuyag,p02a. (DATE  SIGN NAME  APPROVAL, DENIAL OR INCLUSION OF RESTRICTIONS OR SPECIAL CONDITIONS OF USE PERMIT IS AT THE SOLE DISCRETION OF THE CITY PURSUANT TO EMC 05.10. All applications  must be reviewed and approved before a permit can be issued.  Submit completed original application, along with required attachments to:  OFFICE OF THE CITY ADMINISTISTRATOR  CITY OF EPHRATA 121 ALDER ST. SW EPHRATA, WA98823  8    Ephrata Chamber of Commerce, Wine and Art Walk  October 22, 2022  City Property: We have secured the ERC but we are requesting use of the area outside We are requesting from the WSLCB permits for our business stops to pour wine and will request for the ERC, which normally do, but will request to add a Beer/Wine garden  of the kitchen door to block of for a Wine/Beer garden area.  area.  Questions please contact Rita at 509-750-6183  Thank you. Rita Witte    DATE: September 07,2022 ITEM: Items for Council Action  SUMMARY  1. Confirm Mayor's appointment of Community Development Director 3. Approve and Authorize Professional Services Agreement 5. Appoint Council member to Lodging Tax Advisory Committee 6. Accept Sewer Collection System Improvement Project  2. Adopt 2023 Goals and Objectives 4. Amend Policy 3093 - FMLA  BUDGETIMPACTS  1. Budgeted 2. N/A 3. Reimbursed 4. N/A 5. N/A 6. N/A  Staffrecommends: acceptance and approval of all Items. Motion to. Authorize, Confirm, or Approve and Accept All Items.  ENABLING ACTIONS  lfyou have any questions, concerns, or require additional information; please contact me prior  to the meeting.    CITY OF EPHRATA STAFF REPORT  To: From: Date: Proceeding Type: Subject:  Mayor and City Council Leslie Trachsler, Finance Director August 30, 2022 Council Action  Appointment of Ron Sell as Community Development Director  Legislative History: September 07, 2022 N/A Motion to confirm  First Presentation: Second Presentation: Requested Action:  Staff Report Summary: The Community Development Director position has been vacant since mid-May. City advertised and received two qualified applications. Interviews were conducted on August 11th. Discussion/Analvysis: Ron Sell was previously employed by the City of Ephrata from October 2004 to February 2019 and was a valued employee during his time with the city. He has extensive knowledge and  experience ini the planning and community development field. Staff Recommendation: Motion to confirm Financial Implications: Budgeted  Attachments: A. none  Legal Review  Thei following documents are attached and subject to legal review:  Date Reviewed by Legal Counsel  Type of Document  Title of Document  Page 1of1    CITYOF EPHRATA STAFF REPORT  To: From: Date: Proceeding Type: Subject:  Mayor and City Council Leslie Trachsler, Finance Director September 01, 2022 Council Action 2023 Goals Legislative History: September 7, 2022 N/A Council Motion toa approve  First Presentation: Second Presentation: Requested Action:  Staff Report Summary: Goals were modified as outlined in the Mission Statement as a result of an in- Discussion/Analyss: Councit discussion revolved around goals VS objectives and determined that Council sets the goals and department directors should set the objectives and how they relate/respond tot the goals. Council was also in agreement that the Core Values should be removed from this  depth studys session conducted by Council on 8-31-2022.  document. There willl be future discussions to modify the Mission Statement.  Staff Recommendation: Council approve Financial Implications: N/A  Attachments: Council motion to approve the Goals as presented.  A. Legal Review  Cityof Ephrata Mission Statement  Thet following documents are attached and subject tol legal review:  Date Reviewed by Legal Counsel  Type of Document  Title of Document  N/A  Pagelof1    CITY OF EPHRATA MISSION STATEMENT  MOTTO  We Exist to Serve  MISSION  Our mission is to build the finest community, with the highest quality of life, in Central Washington.  GOALS  1. Focus on Public Safety 2. Increase Community Engagement 3. Provide Adequate Infrastructure and Facilities 4. Maintain Quality Personnel & Relationships 5. Maintain an Appealing, Healthy Community    CITYOF EPHRATA STAFF REPORT  To: From: Date: Proceeding Type: Subject:  Mayor and City Council Leslie Trachsler/Anna Franz August 25, 2022 Council Action Professional Services Contract Legislative History: 9/07/2022 N/A Council Motion to Accept  First Presentation: Second Presentation: Requested Action:  Staff Report Summary: The City'sprior Hearing Examiner retired creating the need toi fill this vacancy. Discussion/Analysis: Pursuant to RCW 35A.63.170 and EMC 19.12.020 the position of Hearing Examiner for the City of Ephrata is created. The Examiner works closely with the Community Development Director and is the final decision maker on issues related to Conditional Use Permits; variances to zoning requirements and signs; appeals of SEPA Determination, zoning code enforcement, landscaping Staff Recommendation: Council approve and authorize execution of Professional Services Contract for  requirements; and major amendments or modifications to Binding Site Plans.  Hearing Examiner with Andrewl L. Kottkamp.  Financial Impliçations: Cost is passed on to the applicant through our fee schedule.  Attachments: A. Legal Review  Professional: Services Agreement for Hearing Examiner  Thei following documents are attached and subject to legal review:  Date Reviewedby Legal Counsel 8/24/2022  Type of Document Contract  Title of Document  Professional Services Agreement  Page 1of1    PROFESIOMALSERVICES AGREEMENT FOR HEARING EXAMINER  This Professional Services Agreement for Hearing Examiner ("Agreement") is entered into effective the 7th, day of September, 2022, by and between the City of Ephrata (the "City"),a Washington municipal corporation, and Andrew L. Kottkamp ("Contractor"), sometimes  collectively referred to as the "Parties."  RECITALS  WHEREAS, the City has created the position of Hearing Examiner under Ephrata WHEREAS, the City seeks the services of a skilled independent contractor capable of working without direct supervision in the capacity ofal Hearing Examiner who is experienced in the area of land use law, real property law, enforcement of municipal regulations, city planning and development, and similar permitting issues; and is familiar with the City's zoning and building codes and other related City codes, ordinances, resolutions, regulations, or policies; and WHEREAS, Contractor has the requisite skill and experience necessary to provide such NOW,THEREFORE, the Parties agree to the following terms and conditions:  Municipal Code ("EMC") Chapter 19.12.020; and  services;  AGREEMENT  1.  Services. Contractor agrees to perform the following professional services for the 1.1 Serve as the City Hearing Examiner pursuant to EMC 19.12 and this 1.2 Become knowledgeable of all relevant portions of Ephrata's Municipal Code, and related ordinances, regulations, plans, and policies applicable to any matter coming before the Contractor for a hearing. Contractor shall likewise be knowledgeable of all relevant Washington statutes and appellate case law applicable to any matters coming before Contractor for al hearing. 1.3 Hear and act, as authorized in EMC 19.12, as presently enacted or hereafter amended, and other related City ordinances and regulations. In this regard, Contractor shall receive and examine all available information, conduct public hearings, enter written Findings of Fact and Conclusions ofLaw, and enter decisions. Contractor shall report his decisions to the City Community Development Director on all matters which may come before the Contractor.  City, pursuant to the terms and conditions ofthis Agreement:  Agreement.  PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER Page lof6.    1.4 Perform all duties in accordance with all applicable federal and state laws and City ordinances, including but not limited to the current City of Ephrata Comprehensive Plan and other related City codes, ordinances, resolutions, standards, or policies, as presently enacted or hereafter amended. 1.5 Provide, at Contractor's expense, transportation to and from public hearings in the City, and to and from the sites in the City deemed necessary for 1.6 Provide office and office equipment to the extent deemed necessary by 1.7 Submit one original decision electronically of Findings of Fact and Conclusions of Law, and the decision for each case heard. This decision shall be emailed to the Community Development Director within the time constraints imposed by law or regulation for each type of hearing held, but in no event later than ten (10) business days following the date the hearing record closes. 1.8 Submit an annual report to the Mayor or City Council detailing all cases heard and decided within the past twelve (12) months, along with any recommendations for improvements to City codes and regulations. Performance Standard. Contractor represents and warrants that Contractor has  viewing. Contractor.  2.  the requisite training, skill, and experience necessary to provide the services contemplated by this Agreement. All duties performed by Contractor shall be performed in a manner consistent with accepted practices for other similar services, including, but not limited to, conducting orderly and impartial hearings, creating a professional and courteous environment for applicants, citizens, and staff, compiling and recording the proceedings in a manner reviewable by a court of law, and preparing findings, conclusions, and decisions which are understandable and based  upon sound reasoning and applicable law.  3. designee, the City shall:  Responsibilities of the City. Through its Community Development Director or  3.1 Direct all duties to be performed under this Agreement.  3.2 Provide SEPA determinations on all matters heard by the Contractor. 3.3 Provide documentation of publication of all legal advertisements and  notices required for hearings.  3.4 Prepare agendas and scheduling ofl hearing items.  3.5 Provide written staff reports (in Word and pdf format) to the Contractor at least ten (10) business days prior to hearings, as well as maps and other exhibits as may be neçessary regarding each matter to be heard. The staff reports may  PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER Page2of6.    include recommended findings of fact and conclusions of law, and a recommended decision, including proposed conditions ofapproval. 3.6 Maintain official files and records of the hearings and forward all required copies of the Contractor's decisions and correspondence to applicants and others requesting copies, as well as perform such other tasks as are necessary to 3.7 Provide a hearing room, speaking system, tapes and tape recorder, and copies ofCity ordinances, relevant planning documents, and regulations. Term. The term of this Agreement shall commence on the effective date of the  administratively process said materials.  4.  Agreement and be effective until terminated by either party in accordance with other provisions  ofthis Agreement or until amended by written Agreement oft the Parties. party, by giving thirty (30) calendar days prior written notice to the other Party.  5. 6.  Termination. This Agreement may be terminated with or without cause by either  Compensation.  6.1 Regular) Hearing: The City shall pay Contractor a fee of One Thousand Two Hundred Dollars ($1,200), inclusive ofall costs and expenses, for each matter assigned by the City for a regular hearing that requires the Hearing Examiner to travel between Wenatchee and Ephrata. Ifthe hearing is held via video conference only, then the fee to be paid is Eight Hundred Dollars ($800), inclusive of all costs, for each matter assigned by the City for a regular hearing. A regular hearing is one in which the time spent by the Hearing Examiner for review of materials in preparation for the hearing, the open record public hearing itself and the review of materials and issuance of a decision, will not exceed four (4) hours of the  Hearing Examiner's time.  6.2 Special Hearings: A special hearing is one in which it is mutually agreed between the parties that the Hearing Examiner's time for review of materials inj preparation for the hearing, holding oft the open record public hearing and review ofmaterials inj preparation of the decision will likely exceed four (4) hours ofHearing Examiner time. Ifduring Staff review after consultation with the Hearing Examiner it is determined that this matter will likely take greater than four (4) hours ofHearing Examiner time for file review, conducting of the hearing and drafting and finalizing of the decision, that the billing shall be Eight Hundred Dollars ($800) for the first four (4) hours of time and hourly at Two Hundred Fifty Dollars ($250) per hour for all time spent in addition to four (4) hours. The mutual agreement of the parties shall occur prior to the holding ofthe open record public hearing. Ifthe hearing is to be held in person and the Hearing Examiner is required to travel between Wenatchee and Ephrata,  PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER Page 3of6.    then $400 shall be added as a flat rate for this travel. The City shall notify the Contractor oft the possibility ofas special hearing situation as soon as practical after such a situation is identified by the City sO that the City and the Contractor can discuss and resolve the situation of whether or not a  special hearing situation exists.  7.  Method of Payment. All payments due Contractor shall be made on a monthly  basis, thirty (30) business days after receipt and approval of such billing statement by the City Council, unless notice is given to Contractor that the work performed by Contractor has been found to be unsatisfactory by the City Administrator within twenty (20) business days of receipt of any reports or decisions from Contractor. If Contractor fails to comply with any terms or conditions of this Agreement or to provide, in any manner, the work or services agreed to herein, City may withhold any payment due Contractor until City is satisfied that the corrective action specified by the City Administrator has been completed. This right is in addition to and not in lieu of the City's right to terminate this Agreement as provided herein or other remedies the City  may have under law. 8.  Independent Contractor. Contractor is, and shall be at all times during the term  oft this Agreement, an independent contractor and not an employee of the City. The parties fully understand the nature of independent contractor status and intend to create an independent contractor relationship. Contractor, and not the City, shall have the right to control the manner and means by which Contractor's work is accomplished. The City shall retain the right, however, to ensure that the work is being performed according to agreed-upon standards. Consistent with this relationship, Contractor shall not be covered by any City benefit programs, such as health and welfare benefit plans, sick leave, vacation pay, Social Security, Workers Compensation, unemployment compensation, or any other benefit of employment, and shall not be treated as an employee for federal or state tax purposes or for any other purpose. Contractor shall be responsible for paying all taxes related to payments the City makes to Contractor, including federal income taxes, self-employment (Social Security and Medicaid) taxes, local and state business and occupation taxes, and the City is not responsible for withholding for or paying any of those taxes. Contractor agrees to indemnify and hold the City harmless from any such  obligation. 9.  Nonexclusive Contract. This shall be a nonexclusive contract. It is recognized  that Contractor may or will be performing professional services during the term for others and that the City is not the exclusive user of Contractor's services. Contractor agrees not to perform services for others where a conflict of interest, as determined by the City, may exist. City reserves the right to appoint additional Hearing Examiners and to contract for additional services in the future. Nothing herein shall be interpreted to prohibit such future appointments nor to guarantee renewal of this Agreement, its level of payment, nor the level of cases forwarded to  Contractor in future years.  10. Indemnification.  10.1 Hearing Examiner Indemnification. Contractor agrees to indemnify, defend, and hold the City, its elected officials, employees, agents, and volunteers  PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER Page 4of6.    harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of Contractor, or by 10.2 City Indemnifigatet-Ditsons of Hearing Examiner. Notwithstanding the provisions of Paragraph 10.1 above, the City agrees to indemnify, defend, and hold Contractor harmless from any and all claims, demands, losses, actions, and liabilities (including costs and attorney fees) to or by any and all persons or entities, the basis for which is the decision of the Contractor performed in the normal course of the Contractor's duties as the 10.3 City Indemnification. The City agrees to indemnify, defend, and hold Contractor harmless from any and all claims, demands, losses, actions, and liabilities (including costs and attorney fees) to or by any and all persons or entities including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of the City, its 10.4 Survival. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such  Contractor's breach oft this Agreement.  Hearing Examiner for the City.  employees, or agents.  expiration or termination.  11. Work Product. All work product, including records, files, documents, plans, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the services contemplated by this Agreement shall belong to City. At the termination or cancellation of this Agreement, all originals and any copies of any such work  product remaining in the possession of Contractor shall be delivered to City.  12. Entire Agreement. This Agreement contains all the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no oral or other prior  agreements shall be effective for any purpose. except by written agreement signed by the Parties.  13. Modification. No provision of this Agreement may be amended or modified 14. Severability. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions  shall remain in full force and effect.  15. No Waiver. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party to  PROFESSIONAL: SERVICES AGREEMENT FORI HEARING EXAMINER Page 5of6.    declare any breach or default does not act as a waiver ofal Party's right to declare another breach  or default.  16. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the internal laws of the state of Washington. The venue ofany action hereunder shall be in  the Superior Court for Chelan County, Washington.  17. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the address for providing notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice SO posted in the United States mail shall be deemed received three (3) days  after the date of mailing.  TOCITY: City of Ephrata 121 Alder St. SE Ephrata, WA 98823  TOCONTRACTOR: Andrew L. Kottkamp Kottkamp & Yedinak, PLLC 435 Orondo PO Box 1667 Wenatchee, WA 98807-1667 Approved by the Contractor the  Approved by the City Council oft the City of Ephrata, WA the 7th, day of September, 2022.  day  of  2022.  By:  By:  BRUCE REIM, Mayor  ANDREWI L. KOTTKAMP  Altest/Authenticated:  By:  LESLIE TRACHSLER, City Clerk  PROFESSIONAL SERVICES AGREEMENT FORI HEARING EXAMINER Page 60 of6.    CITY OF EPHRATA STAFF REPORT  To: From: Date: Proceeding Type: Subject:  Mayor and City Council Leslie Trachsler, Finance Director August 30, 2022 Council Action Amend Policy 3093-FMLA Legislative History: September 7,2 2022 N/A Council Motion to approve  First Presentation: Second Presentation: Requested Action:  Staff Report Summary: This amendment provides clarity regarding the implementation of the Family Discussion/Analysis: Provides better guidance to staff when taking leave that meets FMLA criteria as to Staff Recommendation; Council approve and accept amended Policy 3093 - Family and Medical Leave  and Medical Leave Act andl brings our policy in-line with FMLAregulations.  how FMLAregulations and accrued leave work together.  Act.  Financial Implications: N/A Attachments: A. Policy3 3093 Legal Review  Thet following documents are attached and subject to legal review:  Date Reviewedby Legal Counsel  Type of Document Policy  Title of Document  Policy 3093- - Family and! MedicalLeave Act( (FMLA)  Pageiof1    PERSONNEL POLICY  NO:3093  FAMILY AND MEDICAL LEAVE ACT (FMLA) acurrent collective bargaining agreement. and qualified family members.  SCOPE: This policy applies to all eligible employees oft the City of Ephrata unless otherwise addressed in POLICY: In compliance with the state-and federal Family and Medical Leave Acts of 1993 (FMLA), City policyallows employees totakei time off from work withj job protection to care fort the needsofthemselves ELIGIBILITY: Employees are eligible if they have worked for the City for at least 12 months and have worked at least1,250 hours ini the 121 months preceding thel leave. FWHHeFISACMemptempleyeeswne AaVe-wOFked-FthHeaSt12-mentsarepresumedHO-aVe-mHe1,5P-OWF-requirement. Eligible employees are entitled to 12 weeks of family or medical leave during a 12 month period. Empleyees-wAe-aFedsabed-sa-es4d-pregmansye/OFeHIGBFAareentiedelesvelerthe-penedek PregAOR6YOFchHdbHNdsabHHRa2weekseHamyormedieaHeave: The 12 month period is a rolling year measured backward from the date an employee uses any FMLA leave. Each time an employee takes leave under this policy, the remaining leave entitlement would be any balance oft the 12 weeks which has not been used during the immediately, preceding 12 months. The 12 weeks will be converted to hours based on the employee's normal pre-FMLA schedule (i.e. 12 weeks of 40 hours perweek will equal 4801 hours of FMLAleave). Hours will be charged to the employee's INTERMITTENT LEAVE: Leave may be taken all at once, in shorter blocks of time or, in certain circumstances, eligible employees may take FMLA leave on an "intermittent" schedule or a "reduced  FMLA bank as they are used.  leave" schedule. (Section 825.202 and 825.203 of the FMLA regulations). QUALIFYING EVENTS: The FMLA provides leave when: l. The birth of a child of the employee requires care for such child;  2. The placement of a child with the employee for adoption or foster care requires care for such 3. The employee must care forl his or her spouse, child or parent with a serious health condition; 4. Aserious health condition renders the employee unable to perform his or her job; 5. An employee needs time off due to a qualifying military exigency; or 6. An employee requires leave to care for an injured family service member QUALIFIED FAMILYI MEMBERS: A "qualified family member" includes the employee's:  child;  Child, including a biological child, adopted child, foster child, step-child, child of a domestic partner, legal ward, or a child for which the employee is acting in loco parentis. The child must be under 18 years of age or, if over the age of 18, is incapable of self-care due to a mental or Parent, including a biological or adopted parent or a person who acted in loco parentis; Domestic partner (if a declaration of Domestic Partnership is on file with the City). Reasonable documentation or statement of qualifying relationship may be required.  physical disability; Spouse; or    SERIOUS HEALTH CONDITION: A "serious health condition" is defined as follows:  Any period ofi incapacity or treatment connected with inpatient care, (i.e. an overnight stay) ina  hospital, hospice or residential medical care facility; Ap period of incapacity as defined by federal law; Any period of incapacity due to pregnancy or prenatal care; asthma, diabetes, epilepsy, etc.);  Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g. Aperiod ofi incapacity that is permanent or long term due to a condition for which treatment may Any absence to receive multiple treatments (including any period of recovery there from) by or on referral by, al health care provider fora condition that would likely result in incapacity of more than 3 consecutive days if left untreated (e. -g. chemotherapy, physical therapy, dialysis, etc.). SPOUSES WORKING FOR THE SAME EMPLOYER: When spouses or domestic partners are both employed byt the City, FMLAI leave may be limited toad combined total of12weeks if being taken for the same reason. The limit applies when spouses or domestic partners are both eligible for FMLA leave for the following  not be effective (e.g. Alzheimer's, stroke, terminal diseases, etc.); or  reasons:  For the birth and care ofa a child;  For the placement of a child for adoption or foster care, and to care for a newly placed child; and For more specific information on spouses working for the same employer refer to FMLA Regulations NOTICE TO EMPLOYER: Employees must submit a written request for FMLA leave with the City Clerk. If the leave is foreseeable, requests must be submitted: as soon as practicable, but not later than 30 calendar days in advance of the anticipated date that the leave will begin. In the case of an unforeseeable leave, employees must submit a request for FMLA leave as soon as practicable. When requesting leave, employees must provide sufficient information for the City to determine whether the leave may be FMLA-qualifving. and the anticipated timing and duration of the requested leave. Employees must also inform the City if the requested leave is for a reason for which FMLA leave was previously taken or certified. The City may delay leave to employees who do not provide proper advance notice of the foreseeable need for leave. The City also may delay or deny approval of leave for lack of proper Employees must advise the City Clerk of any changes in their need for FMLA leave (e.g. changes in the If an employee does not specifically request FMLA leave, the City may designate eligible leave to FMLA. When the reason for the leave is not known in advance, the City mayretroactively designate eligible leave Ift the request is approved, the City Clerk will notify the employee in writing of the decision. The notice will include the beginning date of the leave, when known, and the number of hours of qualifying leave to MEDICAL CERTIFICATION: The City may request a medical certification of the condition to support the need for leave. Empleyees-Aave-154By5-RR-Re-tme-the-CHFreg.es-Ae-medikalcerietOR-te  To care for a parent (not parent-in-law) with a serious health condition.  Sections 825.120(a)(3); 825.121(a)(3); and 825.201(b).  certification establishing the need for leave.  anticipated duration or thei intermittent status of the leave).  as FMLA leave.  which the employee is entitled.    SwbtacempleteeeteeiatOR-owevet-fcomplete.mdsufidentmedieakertetenismetswbmitted Sythe-dwe-date,tneleavemeysedelyeordenesProwaedbysiatesandederaHaW, Al-medieal-informaton-ebtaimed-R-cemnetiOR-wi#h-FMLAleave W-be-epteenfdentia-andreleased MyenAReHPHtae The employee should tryi to respond to such ar request within fifteen (15) days. Failure toprovidecertificationt mayresulti inac denial of continuation ofleave. Medical certifiçation Certification of the serious health condition shall include: the date when the condition began, its expected duration and a brief statement of treatment. For medical leave for the employee's own medical condition, the certification must also include a statement that the employee is unable to perform work of any kind or is unable to perform the essential functions of the employee's position. For aseriously ill family member, the certification must include a statement that the patient requires Ifthe employee requests leave on an intermittent or reduced schedule basis for the employee'sserious health condition, including pregnancy, that may result in unforeseeable episodes of incapacity, information: sufficient to establishi memedalnssiyleaeh intermittent or reducedschedule leave and an estimate of the frequency and duration of the episodes of incapacity must be included on the MLAIEAMEANDAECCRUEDIEAME: Employeesare-generaPeqUPeHeMANSHaRPSEed-paldeave emataaPsSBlwsa16nE4PessiBe-FASePUAeNae,DW#SAOHPRedHePaEatien/siekleave, cempensaten-feemp-timer-am-Heating-hoiay5--Onse-aa-empleyee--pa-lesve-ls-ewhaustes, USE OF PAID AND UNPAID LEAVE: While on FMLA leave, employees must first use accrued sick paid leave, then vacation or other accrued leave and, if necessary, take the remainder of FMLA leave as unpaid leave. Accrued paid leave shall be used according to applicable policies and procedures oras specified in the collective bargaining agreement. FMLA shall run concurrently with paid sick leave or any other accrued paid leave when the reason for the leave meets the FMLA criteria. Ifa worker's compensation injury/illness meets the criteria for a serious health condition, the worker's An employeer who is taking leave because of the emplovee's own serious health condition or the serious health condition of a family member must use all paid leave prior to being eligible for unpaid leave. Ane employee taking leave due to pregnancy disability dwinsprmangeraferihe birth ofa fachild must first use paid sick leave. The employee must then use all paid vacation and other accrued leave, and then will be eligible for unpaid leave for the remainder of the leave. Refer to the An employee who is taking leave for the adoption or foster care ofa child must use all paid leave prior  may be provided byusing the Certification of Health Care Provider form.  assistance and that the employee'spresence would be beneficial or desirable.  certification.  empleyees-are-aHealowedupteamadeekSuApaidFMLAeeave,#needed:  compensation absence and the FMLA leave entitlement shall also run concurrently.  Materniy/Parenta/famiz Leave Policy. tol being eligible for unpaid leave.  CONTINUATION OF HEALTH COVERAGE: The City will continue to pay the portion of any premiums for healthi insurancep provided for the employee during thea approved FMLAI leaveso of absence. Iftheemployee isr responsible for a portion oft the premium, the employee payment must be made or insurance coverage  may be terminated.    ACCRUAL OF BENEFITS: Employees who are working a reduced schedule or are otherwise compensated by the City for at least 50% of their normal semi- monthly schedule will accrue sick leave and vacation hours and be eligible for bereavement leave and pay for holidays on the same basis as their pre-FMLA status. Compensation includes wages for hours worked or payment of compensatory time, sick leave, PROBATIONARYI PERIOD: An employee's service date, pay increase date and probationary period will be adjusted so that unpaid FMLAI leave that is 30 or more consecutive calendar days is not counted as service  floating holiday or vacation hours.  time.  RESTORATION: Upon completion of FMLA leave, the employee will be entitled to:  1. Return to the same position or a position with equivalent status, pay, and benefits:or 2. Ifcircumstances have changed so that neither the same position nor an equivalent position is available, the employee shall be offered any other position which is vacant and for which the  employee is qualified.  Reinstatement is not required if one or more of the following conditions exists: 1. The position was eliminated by a bona fide restructuring or reduction in force. 3. The employee fails to return from the leave at the agreed FMLA ending date.  2. The employee takes another job while on leave.  Vpem-an-empleyee-euFAAgFORSSAPPeVe-eivevepempeyeswiered-etHe-samepesitien they-prewowsW-helsHtea-swbsiantanasmarpesHPA-Eheqwaentempleymentbenefispay-and ether-terms-eFcendiionsehempoymeNt-Howevefram-employee-enees-met-have-any greaterPgHEt-reinsatemeteFteHhe-BeReHIsant-cenéHems8FeHempeyeRERSA-Fthe-emmpleyee WORKERS' COMPENSATION: An employee's workers' compensation absence may be due to an on-the- job injury or illness that also qualifies as a serious health condition under the FMLA. In this scenario, the workers' compensation absence and FMLA leave may run concurrently. Although an employer may offer the employee a light duty position under workers' compensation rules, the FMLA does not require the employee to accept the light duty position. The employee may decline the light duty position and continue on FMLA-protected leave until able to return to the same or equivalent job he or she left. Ifthe employee does not accept the light duty position, however, he or she may lose workers' compensation RETURNING TO WORK: An employee who is returning from a leave of absence of 30 days or less, due to their own illness, injury, short term disability or serious health condition, may be required to provide a An employee returning from a leave of 30 days or more, due to their own illness, injury, short term disability or serious health condition, must provide a release signed by a health care provider. The employee must contact the City Clerk and their immediate supervisor two weeks before the leave is expectedto expire to report the status of their ability to return to work and to coordinate ar return to work Ifan employee does not receive a release to perform thet full scope of his/her job duties, the release must detail any limitation and a prognosis fora a full release date. Alimited release may impact the City's ability  Aad-beer-centinuewsyempeyeddHringtHeFMEA-leave-peried:  benefits. (Section 825.207(e) of the FMLA regulations). medical release signed by al health care provider.  plan.  to return the employee back to work.    Ifan employee recovering from a serious health condition voluntarily accepts a temporary light duty assignment, the time in the light duty assignment will not be counted toward the employee's FMLAleave Anemployee returning from al leave of 30 days or more, duei to the care of ac child or family member, must contact the City Clerk and theiri immediate supervisor two weeks before the leave is expected to expire to FAILURE TO RETURN TO WORK: The employer may recover from an employee its share of health plan premiums paid during the employee'sunpaid FMLAI leave ift the employee fails to return to work after his or her FMLA leave entitlement has been exhausted or expires, unless the reason the employee does not  entitlement.  coordinate a return to work plan.  return is due to:  The continuation, recurrence, or onset of a serious health condition of the employee or the  employee's family member. (Section 825.213 of the FMLAr regulations)  Other circumstances beyond the employeescontrol.  LEAVE FORE PREGNANCYI D5ABIUTYANDTOCARE FORI NEWBORN: In addition to leave undert the federal FMLA described above, state law provides certain additional leave rights in connection with pregnancy- related disability and to care for a newborn. Regardless of whether an employee is eligible for FMLA leave, she is entitled Pregnancy Disability leave for the period that she is temporarily disabled because of pregnancy or childbirth. Medical certification may be required to confirm the need for leave. Ifthe employee is eligible for FMLA leave, the Pregnancy Disability leave will run concurrently with FMLA leave. Pregnancy Disability leave is unpaid and health benefits are not automatically continued (unless the employee is also eligible for FMLA leave); however, accrued leave may be used and the employee DISPUTE RESOLUTION: In the event of a dispute as to whether and when an employee is entitled to FMLA leave, the City may require confirmation by a health care provider. The City may, at its own expense, obtain a second opinion as to whether the necessary conditions of the leave are met. If the two opinions disagree on any factor which is determinative of leave eligibility, the two health care providers mays select a third, whose opinion obtained at the City's sexpense, and shall be conclusive. The law governing this type of leave is complex and all details may not be covered in this policy. For more detailed guidelines refer to "The Employer's Guide to The Family and Medical Leave Act" published by the Wage and Hour Division of the United States Department of Labor.  may continue insurance coverages at her expense.  Council Approved 6-20-18    CITY OF EPHRATA STAFF REPORT Mayor and City Council September 1, 2022 Council Action  To: From: Date: Proceeding Type: Subject:  Traci Bennett-D Director of Community Services  Appoint Council Member to serve on LTAC  Legislative History: September 1,2022 n/a Appoint Council Member tol LTAC  First Presentation: Second Presentation: Requested. Action:  Staff Report Summary: With the retirement of Council Member Wanke who served as the Council representative on the Lodging Tax Advisory Committee, a vacancy has been created. Discusion/Analvysis The LTAC is responsible for advising the City Council, Mayor and city staff ont thei tax collectedsolelyl by transient lodging establishments that contribute to overnightstays int the businesses. In addition, funds can be used for advertising and promotion of events and community. The Committee reviews applicant requests and advises the City Council and Mayor Staff Recommendation: Mayor and Council appoint a Council Member to serve on the LTAC.  onf funding recommendations. Financial Implications: None Attachments A. B.  None  Pageiof2    CITY OF EPHRATA STAFF REPORT  To: From: Date:  Mayor and City Council Bill Sangster 9/7/2022  Proceeding Type: Council Action  Subject: Acceptance ofi the Sewer Collection System Improvement Project as  Complete. First Presentation: Second Presentation: Requested Action:  Legislative History: September 7h, 2022 Improvement Project".  Council Acceptance as Completed the "Sewer Collection System  Staff Report Summary: The "Sewer Collection System Improvement Project" has been  completed and all punch-list items have been remedied. The project was completed for $ 2,793,297.51 (Original bid was $2,470,274.00). The Project was Funded by the Dept. of Ecology SR Fund. This is the 1st half of this loan - the 2nd half will fund the Wastewater Facility Improvements bidding soon. The Project was Completed by POW Contracting of Pasco, Wa. The Project was completed on time. There were delays and over run costs due tol Historical discoveries. The DOE is providing a Forgivable debt funding of approx.  Discussion/Analysis:  $293,000 for cost incurred. Project" complete.  Staff Recommendation: Motion to Accept "Sewer Collection System Improvement  Financial Implications: $0  Pageiof2    Attachments  A. B.  Final Estimate  Legal Review  The following documents are attached and subject to legal review:  Date Reviewed by Legal Counsel N/A  Type of Document  Title of Document  Page 2of2    888888888888 55599595599  00000000  46  33006h 33353553  608e  &    I  88 00 88 888 d0 888 88888 96 d0 d%8 46%8 df %%8 88888  30  8o  00  000 o 000 go8oo  6f  - E8    w bn 553 5mw 5 5ws 35355  6 d8  9:88  8s RE 4f 40 Rg dE :a ::e5    888 %%8  888888888 888 A A88888888885  o0 905  000  000  393643353663  a8E827    a  0 88 %%88 8% :888  d0 00 00 d0  d0 &  0o  53  53 5 55 5356 9- 8 B 199  3 3  3 15m  100 NS