EPHRATA CITY COUNCIL MAYOR BRUCERTIM MAYOR PRO-TEM WILLIAMCOL I. MISTOI.SARI MCONNELL. VALLINILLNKD. MATTNIOORI. TONY MORA, MARK WANKE CITY NDMINISTRAIOR MIKE WARREN -AGENDA FOR August 18, 2021- ZOOM CALL: IN--DIAL INPHONE NUMBER 1-253-215-8782, follow prompts City ofl Ephrata Meeting ID: 642-397-7833 7:00 PM REGULAR SESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of! Meeting: No Presentations: CONSENT AGENDA 5. Additions or corrections to published Agenda II 1. Approval of Claim Fund Bills and Checks Issued 2. Approval of Council Minutes: August 4, 2021 3. Approval of Special Event Application: III STAB.COMMIEE, & AGENCY REPORTS BILLS: McDonnell, Mora, Coe IV CLOSED RECORD DECISIONS IRCWCHAPTERS) 36, 42: OPENPUBLICINPUT) NOTP PERMITTEDI V PUBLIC HEARINGS 1.I Discuss purchase of Ephrata Raceway Property--Postponed. VI ORDINANCES & RESOLUTION VII ITEMS FOR COUNCIL CONSIDERATION 1. New Website Live VIII ITEMS FOR COUNCILACTION 1.N MOU to Ephrata Sportsman's Lease Agreement 2. Live Nation Security Services Contract IX CITY ADMINISTRATOR REPORT BILLS: McDonnell, Mora, Coe CITY COUNCIL MINUTES August 04, 2021 City Council of the City of Ephrata, Grant County Washington met in regular session on August 04, 2021. The meeting was called to order at 7:00 p.m. by Mayor This meeting is also available remotely by phone using the ZOOM call in number and Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council Bruce Reim. City meeting ID. members Matt Moore, Valli Millard, and Sarah McDonnell. City Administrator Mike Warren, City Attorney Anna Franz, Fire ChiefJeremy Burns, Police Chief Kurt Adkinson, City Clerk/Finance Director Leslie Trachsler and Deputy Finance Staff Present: Director/City Clerk Carrie Lnenicka. Motion to excuse Council members Wanke, Allstot, and Mora. (m/s McDonnel/Millard) Motion carried. Pledge of Allegiance was said. No public signed up to speak. Agenda: There were no additions or corrections to the agenda. Presentations: Mayor Pro Tem, Will Coe, reported on the hot topics with the Grant County Economic Development Council. EDC contracted with Eastern Washington University to developed a new website - grantcountytrends.otg: This website takes data from annual surveys and compares it to other counties in the nation. This is a very usefull tool for businesses to use when considering locating to Grant County. The EDC has been very busy with lots of site visits and is one of the busiest in the state Council discussion ensued regarding what the City could be doing to be more marketable. per capita. Consent Agenda: Motion was made to approve consent agenda. (m/s Moore/McDonnell) Motion carried. Items on the consent agenda are as follows: Claims #93733 through #93769 in the amount of $56,656.10 Claims #93705 through #93712 in the amount of $33,007.92 Claims #93731 and #93732 in the amount of $157.74 VOIDED Claims #93530: in the amount of ($60.89) Payroll Check #46933 through #46995 in the amount of $91,116.96 Payroll Claims #93713 through #93730i in the amount of $244,847.81 Payroll Direct Debit in the amount of $5,875.00 Payroll Direct Deposit in the amount of $189,975.27 Minutes oft the. July 21, 2021 Council meeting Special Event Applications: None Raceway Property City Administrator Report: None Set Public Hearing for August 18, 2021 at 7:00 p.m - Purchase of Ephrata There being no further business meeting adjourned at 7:15 p.m. Bruce Reim, Mayor ATTEST: Leslie Trachsler, City Clerk DATE: August 12, 2021 Department: City Clerk/Finance Past Activity Continue to support other departments and commissions Working with Mayor/Administrator on COVID-19 related issues Complete forms for State Capital Budget Grant award for Library Met with Legal Counsel on Grant Co Landfill Continue work on raftingdocumenting Cost Allocation Prepare RFQ for Accounting Software for review Prepare Budget Amendment for Council consideration Prepared MOU tol Lease Agreement with Ephrata Sportsmen's Association for Council consideration Attended stafft training by CIAW on Harassment and Bullying 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 relention/destruction Address Human Resource issues Support staffi in their daily operations Support City Administrator Monthly Civil Service Commission meeting Attend LEOFFII Disability Board monthly meetings Continue work on raftingdocumenting Cost Allocation Review and publish RFQ for Accounting Software Begin prep work for 2022 Budget Work on Lease Agreement with Chamber of Commerce for Monthly duties as assigned and ERC renovations Procedures Future Activity Procedures office space Monitoring closely Cover for employee vacations Budget Concerns Other Issues City Council Report Parks and Recreation August 12,2021 EPHRATA PARKS & RECREATION PASTACTIVITY: 1. PARKS COMMISSION: a. July meeting - No meeting held 2. Recreation/Communty Programming: a. Provide administrative support for Department b. Summer movie series concluded for season Promoting and advertising Paws int the Pool d. Summer concert series at Rock Park concluded for season Planning fall programs and activities Preliminary budget development a. Stump grinding at cemetery 3. Parks: 4. Public Relations/Tourism: a. Attend Chamber of Commerce Board meeting b. Meet with Oasis owners on possible capital improvement projects 5. Special Events: a. None 6. Recreation Supervisor: a. Developing fall programs and activities b. Assisting utility customers Monitoring Splash Zone and employees a. Covering Splash Zone for Management b. Preparing for 4th annual Paws in the Pool event Monitoring smoke conditions dailyf for possible closures d. Rescheduling swim lessons due to poor air quailty 7. Splash Zone: FUTURE GOALS/ACTMVITY: 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 DATE: August 18, 2021 ITEM: Items for Council Consideration SUMMARY BUDGET IMPACTS . New website live- The City entered into an exclusive agreement with Revize Software Systems tol build and support a new responsive City ofEphrata Website. 1.$ $10,000.00 Staff recommends acceptance and approval of all Items. Motion t0. Authorize, Confirm, or Approve and Accept All Items. ENABLING ACTIONS lfyou have any questions, concerns, or require additional information; please contact me prior 10 the meeting. VEUEEPEHVA CITY OF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, City Manager August 10, 2021 Council Information New web sitel live Legislative History: February3,2021 n/a To: From: Date: Proceeding Type: Subject: Traci Bennett-D Director ofCommuniyServices First Presentation: Second Presentation: Requested Action: Motion to approve contract with Revize Staff Report Summary: The city entered into an exclusive agreement with Revize Software Discussion/Analysis: The project was completedi ins several phases. Phase 1 was project planning and analysis. Phase 2 Included discovery and design from scratch. Phase 38 & 4 Revize template development. Phase 5 Quality assurance testing on going through going live. Phase 6 Content migration upt to 400webpages: and documents. Phase7Contenteditingandtraining. Phase 8Go Staff Recommendation: Staff is pleased with the outcome of the new design and functionality. Systems to build and support a new responsive City of Ephrata web: site. live. Financial Implications: $10,000 Attachments A. B. Pageiof2 DATE: August 18, 2021 ITEM: Items for Council Action SUMMARY . MOU to Ephrata Sportsmen's Lease Agreement--Public Property that is leased to non- public entities are required to pay! Leasehold Excise Tax. The lease agreement between the City and the Sportsmen's Association falls into that category. This MOU establishes the 2. Livel Nation Security Services Contract.--This contract allows Ephrata Officers to assist Grant County Sheriff's Office with security at the Gorge. The contract is with Live Nation yearly fee that the leasehold excise taxi is tol be calculated on. Worldwide INC and has been reviewed by the City Attorney. BUDGET IMPACTS 1. N/A 2. N/A Staffrecommends: acceptance and approval ofa all Items. Motion to. Authorize, Confirm, or Approve and Accept. All ltems. ENABLING ACTIONS lfyou have any questions, concerns, or require additional information; please contact me prior to the meeting. EUEEPHRAL CITY OF EPHRATA STAFF REPORT Mayor and City Council Mike' Warren, City Administrator Finance Director Trachsler August 18, 2021 Council Action To: From: Date: Proceeding Type: Subject: MOU to Ephrata Sportsmen's Lease Agreement Legislative History: 8-18-2021 N/A Council Approval First Presentation: Second Presentation: Requested Action: Staff Report Summary: This Memorandum of Understanding (MOU) clarifies, for the purpose of reporting leasehold excise tax to the City, the fair market value of the existing lease with the Discussion/Analysis: Public property that is leased to non- public entities are required to pay Leasehold Excise Tax. The lease agreement between the City and the Sportsmen's Association falls into that category. This MOU established the yearly fee that the leasehold excise taxi is to be Staff Recommendation: Council approve and authorize Administration to execute MOU with Ephrata Sportsmen's. Association. calculated on. Ephrata Sportsmen's Association. Financial Implications: N/A Attachments A. Memorandum of Understanding Page: 1of2 Legal Review The following documents are attached and: subject to legal review: Date Reviewedk by LegalCounsel 06/18/2021 Type of Document Title of Document MemorandumofUnderstanding Page 2of2 MEMORANDUMI OF UNDERSTANDING BETWEEN EPHRATA SPORTSMAN'S. ASSOCIATION AND THE CITY OF EPHRATA This MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between EPHRATA SPORTSMAN'S. ASSOCIATION, a Washington non-profit association, ("Sportsmen"), and the CITYOF EPHRATA, WA, duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington, ("City"). This MOU defines the responsibilities oft the Sportsmen concerning the Lease Agreement between the City and Sportsmen, effective date of November1, 2006, for the property know as the Gun Range for the purpose of payment of Leasehold Excise Tax and defining what the Fair Market Value of the lease is. Sportsmen shall pay throughout the term of this Lease the leasehold tax assessed by the State of Washington (which is currently 12.84%) in lieu of property tax, to be paid to the City of Ephrata. For the purpose of calculation of leasehold tax, the fair market value of the existing lease with the Sportsmen to operate and maintain the Gun Range is $1200 per year. This MOU shall become a part of the Lease Agreement between the Ephrata Sportsmen's Association and the City of Ephrata, Washington dated November1,2 2006. CITY OF EPHRATA 121 Alder Street SW Ephrata, WA 98823 EPHRATA SPORTSMAN'S. ASSOCIATION P.O. Box 342 Ephrata, WA 98823 Mayor Bruce Reim 4k Date Ebafal DEEPHRA CITYOF EPHRATA STAFF REPORT Mayor and City Council Mike' Warren, City Administrator Kurt Adkinson, Chief August 11, 2021 Item for Council Action LiveNation: Security Services Contract Legislative History: Not/ Applicable To: From: Date: Proceeding Type: Subject: First Presentation: Second Presentation: Requested Action: Staff Report Summary The Grant County Sheriff's Office (GCSO) routinely requests the assistance of allied agencies regarding extra-duty law enforcement functions for concerts/festivals at The Gorge. Ephrata PD has participated in this in the past; however, these services were suspended in 2020 due to COVID. The current contractv wasrevewed/updated by the City Attorney. Discussion/Analysis Staff Recommendation Request council approval. This contract allows for the needed support of GCSO law enforcement functions at The Gorge and covers reimbursement for all city expenses. Financial Implications None Attachments A. Live Nationl Extral Duty Police Services Contract Pagelof1 EPHRATA POLICE DEPARTMENT EXTRA-DUTY POLICE SERVICES CONTRACT THIS AGREEMENT (the Agreement) is made and entered into this 18th day of August, 2021, by and between the CITY OF EPHRATA (City), a non-charter code city operating under the laws of the State of Washington, and LIVE NATION WORLDWIDE, INC. (Contractor), a Delaware corporation doing business in the State of Washington. RECITALS: WHEREAS, Contractor owns, operates or manages a business for profit within Grant County known as the "Gorge Campground" and the Gorge Amphitheater and in connection therewith requires police related services or assistance; and WHEREAS, the Grant County Sheriff's Office and Contractor entered into a "2020 Law Enforcement Services Agreement" on November 6, 2018 (herein, "2021 Agreement"): setting forth their agreement to protect the safety, health and welfare ofthose persons affected by such concerts or events by providing law enforcement services through security services which shall be provided by Contractor and police services which shall be provided by the Grant County Sheriff's Office; and WHEREAS, the Grant County Sheriff's Office is at times unable to provide a sufficient number ofofficers as is required under the 2021 Agreement and has requested assistance from the City in providing police services under the 2021 Agreement, and WHEREAS, Contractor desires to contract with the City to provide additional law enforcement services when the Grant County Sheriff's Office cannot provide the required number ofofficers; and WHEREAS, the City is able to provide duly commissioned law enforcement officers to provide police related services to the Contractor subject to payment for services, and Chief of Police approval; and WHEREAS, the duly commissioned officers who may provide such services will be assigned to extra-duty under this contract during off-duty hours which will not conflict with law enforcement responsibilities for and duties to the City; NOW, THEREFORE, the parties agree as follows: 1. ADDITIONAL OFFICERS Contractor agrees to contract with the City for the provision of law enforcement services as defined and set forth in the 2021 Agreement. Such services shall only be provided upon request of the Grant County Sheriff's Office. EPHRATA POLICEI DEPARTMENT EXTRA-DUTYPOLICESERVICESCONTRACT PAGE1OF6 2. BILLING ANDI PAYMENT Billing for the aforementioned expense will be directed to Contractor's Northwest office Overtime billing information will be provided to Contractor by the City monthly. Payment shall be made by Contractor within ten (10) days after receiving the billing from the City. Payment shall be made by a check payable to the City of Ephrata, and sent to the City at 121 Alder Southwest, Ephrata, WA 98823. Payments to the City that are later than (thirty) 30 days following the invoice dates shall accrue interest at the rate of 12% per annum on the balance due. All payments shall first be applied to the accrued interest. Officers will be compensated at their overtime rate (via labor agreements to include benefits). The current rate of pay for full time officers assigned to the Gorge shall be within arange of $72.00 per hour to $102.00 per hour depending on the specific officers' Compensation limits may be increased during the term of this agreement should any collective bargaining agreements direct increases in salaries for those specifically affected Contractor agrees to reimburse the City for their use of City-owned vehiçles used for the purpose of providing law enforcement services for Contractor events. Contractor agrees to reimburse the City at a rate of seventy-five dollars ($75.00) per day, per vehicle assigned. Contractor shall not be financially liable for scheduled law enforcement services which are not actually performed; provided, ifa a police officer has begun extra-duty services under this agreement, and then is called by the Chief of Police or his/her designee for an emergency, special assignment or overtime duty, the Contractor's payment shall be for the located at 100 S King St. Suite 320, Seattle, Washington 98104. assignment, tenure and/or rank. employees. three (3) hour minimum. DUTY STATUS 3. Each police officer assigned work pursuant to this contract is subject to call by the Chief of Police or the Chief's designee at any time for emergencies, special assignment, or overtime duty. Extra-duty employment shall not infringe on or interfere with this ADHERENCE TO CITY POLICIES AND PROCEDURES - SCOPE OF WORK Police officers engaged in extra-duty employment are obligated to discharge all duties of their office and to adhere to the City's Police Department policies and procedures at all times. Such officers shall obey, uphold and enforce the laws of the City and the State of Washington and the Constitutions of the State of Washington and the United States of America at all times. Such officers shall understand that while they are on duty or engaged ine extra-duty assignment under this contract, they may be subject to discipline by the City. Police officers performing work pursuant to this contract shall only provide law obligation. 4. EPHRATA POLICEDEPARIMENT EXTRA-DUTY: POLICES SERVICES CONTRACT PAGE20F6 mforemen/pacekeepng services as specified in the 2021 Agreement and they are at all times while performingsaids services, subject to the direction and control oft the City Police Department only. 5. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS Police officers on extra-duty assignment have a primary obligation to the City, not the Contractor. They are expected to discharge all duties of their office while performing pursuant to this contract and will not perform any non-law mforemem-peaeekceping functions for Contractor. Furthermore, this contract and performance thereofby City police officers shall not create a special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this contract. The law mtorementpacekeeping duties to be performed pursuant to this contract are the same in extent and scope as those provided by police officers to every member ofthe public. 6. TERMINATION Either party may terminate this agreement when in its sole discretion; it is in the best interest of the terminating party, by giving one (I) week prior written notice to the other party. 7. PRIVATE SECURITY Contractor agrees to continue to maintain an adequately staffed private security force (currently Starplex), for concerts and events at the Amphitheater, and after the end oft the concert or event, including without limitation, the Gorge Campground. This internal security staffv will be used to control traffic, parking and internal order and shall be under the overall direction of the Amphitheater security liaison. 8. ASSIGNABILITY Contractor may not assign its rights or obligations under this Agreement to an unaffiliated third party without the prior written consent of the City. 9. NO WAIVER No failure of the City or Contractor to insist on the strictest performance of any term of this Agreement shall constitute a waiver of any such term or an abandonment of this Agreement. 10. INDEMNIFICATIONINSURANCE Each party shall be responsible for claims and/or damages to persons and/or property resulting from its own negligence and/or its officers, employees and/or agents. Neither party shall be responsible for claims and/or damages to persons and/or property resulting from the negligence on thej part oft the officers, employees and/or agents ofthe other party, its officers, employees and/or agents, PROVIDED: in the case of negligence of more than EPHRATA POLICE DEPARTMENT EXTRA-DUTY POLICE SERVICES CONTRACT PAGE30F6 one (1) party, any damages allowed shall be levied in proportion to the percentage of negligence: attributablei to each party and each party shall have the right to: seek contribution from the other party in proportion to the percentage of negligence attributable to each of PROVIDED: Contractor shall indemnify the City as to security related issues. Contractor may discharge its responsibilities ini this regard by and through a' "private security provider" for Contractor, currently Starplex, and cause the City to be named as an additional insured for those claims which liability is claimed against the City and/or the City of Ephrata as the result oft the actions and/or failures to act, oft the private security provider, or where the private security provider is named as an agent of the City, based on actions and/or omissions oft the private security provider. Such certificate ofi insurance will not apply to those circumstances where acts and/or omissions by the City form the sole basis for any the parties. claim or part of any claim. (A.) Indemnification Insurance During the life ofthis Agreement, and for liability originating fromi this Agreement, Contractor (or its private security provider) shall maintain insurance coverage, including without limitation, errors and omissions, and negligence, in the performance of this Agreement or security related to concerts/events. Such insurance shall name the City as an additional insured and hold harmless and indemnify the City and its officers, employees and agents from any and all claims resulting from those claims which liability is claimed against the City as the result oft the actions and/or failures to act, oft the private security provider for Contractor or where the private security provider is named as an agent oft the City, based on the actions and/or omissions of the private security provider. The aforementioned insurance may be obtained from any insurance company authorized to do business in the State of Washington and shall have policy limits of One Million and' No/100 Dollars ($1,000,000.00) or more. Within thirty (30) days of signature of the last party signing this Agreement, Contractor (or its private security provider) shall submit evidence that such insurance is in full force and effect, and that such insurance will not be canceled during the time period Contractor has to fully execute all of the terms and conditions of this Agreement, unless such policy is replaçed by another policy with equal or better coverage. Contractor's(ori its private security provider) coverage of liability creating events accruing during this Agreement shall extend after the Agreement is terminated by its terms or order of acourt with jurisdiction. Said insurance company shall be required to give the City written notice within seventy-two (72) hours ift the policy is canceled or otherwise terminated for any reason, including without limitation, non-payment of premium. 11. ENTIRE AGREEMENT EPHRATA POLICE. DEPARTMENT EXTRA-DUTY POLICE SERVICES CONTRACT PAGE40F6 This Agreement constitutes the complete agreement among the parties hereto with respect to the subject matter herein. There are no terms, obligations, covenants or conditions other No modification, amendment or termination ofthis Agreement shall be valid and effective than those contained herein. unless evidenced by an agreement in writing signed by the parties. 12. SEVERABILITY Ifany term, provision, covenant or condition oft this Agreement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be affected, impaired ori invalidated thereby. 13. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Washington and venue of any court action shall be in Grant County, Washington. 14. TERM The term oft this Agreement shall be from August 18, 2021, through December 31, 2021. 15. CAPTIONS The Captions in the Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 16. NOTICES All notices and other material to be delivered under this contract shall be in writing and shall be delivered or mailed to the following addresses: City of Ephrata 121 Alder Southwest Ephrata, WA 98823 Attn: ChiefofPolice Live Nation Worldwide, Inc. 100 South King Street Seattle, WA 98104 or such other addresses as either party may, from time to time, designate in writing. EPHRATA POLICE DEPARTMENT EXTRA-DUTY POLICE SERVICES CONTRACT PAGESOF6 Approved this day of August, 2021. CITY Kurt Adkinson, Chief ofl Police LIVE NATION, INC. ARla D.P. Wilde, Senior Vice President, Live Nation Northwest State of Washington County of )ss. ) Ihereby certify that I know or have satisfactory evidence that D.P. Wilde signed this instrument in his capacity as the Senior Vice President, Live Nation Northwest and acknowledged itt to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: 2021. Notary Public for Residing in My Commission expires: EPHRATA POLICEDEPARIMENT EXTRA-DUTYPOLICE: SERVICES CONTRACT PAGE60F6 CIAW Citics Insurance Association ofy Washington August 09, 2021 Dear 451 Diamond Drive I Ephrata, WA 98823 This letter is to inform you that effective December 01, 2021, the minimum value for buildings listed on your statement of values will be increased to $225/sq ft. Depending on an individual member's situation, the change may be significant. You will see the new value applied to your buildings int this year's renewal While the impact oft this change will depend on each member's unique situation, it is all affected, in part, portal. by the other challenges in the insurance market nationally: Major market disruptions are presenting unique challenges to property damage, wildfire, law Record-breaking: storms and natural disasters, as well as changing building codes, costs of construction, and jury awards, are driving higher reinsurance costs for property coverage. The overall marketplace is moving towards higher costs for lower coverages, with some carriers However, the most critical challenge of all is preserving our property coverage. Clear Risk Solutions has been moving aggressively to mitigate the impacts of this "hard" market. Part of this effort is ensuring all properties are valued appropriately, which ensures members receive fitting compensation in the case ofa loss. The value increase is also a necessary step to position the pool for long-term stability. In order to ensure accuracy and ascertain specifics, Clear Risk Solutions continues to partner with CBIZ Valuation Group tol help evaluate large insured properties, collect accurate building characteristics, and write the proper per-square-foot value for the best protection of each member. This is a value-added service provided to you as a member in CIAW at no additional cost. Once complete, the information will be sent to you. Our staff will then be able to work with you and your member to balance costs, modify values, This change to the per-square-foot value is important. It will allow us all to better control our destiny in the insurance market, negotiate with strength for the right coverage, and position our pool for success in the Clear Risk Solutions will be scheduling meetings with both brokers and members shortly to facilitate further dialogue regarding this change. If you have any questions, please reach out at any time. I, and all enforcement, and cybercrime coverages. potentially dropping certain lines of coverage altogether. and separate out unique properties with all of the facts at hand. long-term- all values of long-standing int the CIAW. ofthe staff at Clear Risk Solutions, are at your disposal. Thank you, Wes Crago CIAW PROGRAM. ADMINISTRATOR CLEAR RISK SOLUTIONS office (509) 754.2027 I toll-free 800.407.2027 I fax (509) 754.3406 I www.ciaw.us Program Administrator: Clear Risk Solutions