EPHRATA CITY COUNCIL  MAYOR BRUCEREN  MAYOR PRO-TEA  ATULEEN.NLLSTOISRAID MCDONNELL, VNLLINILL-NRD. MATT MOORE. TONY MORA, MARK WANKE CITY NDMINISTRNTOR MIKEI WARREN AGENDA FOR 15JULY 2020  ZOOM CALL. IN-DIAL INPHONE NUMBER 1-253-215-8782, follow prompts  City of Ephrata Meeting ID: 642-397-7833  7:00PM  REGULAR SESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of Meeting: NO 5. Additions or corrections to published Agenda 6. Presentations:  II  CONSENT AGENDA  1. Approval of Claim Fund Bills and Checks Issued 2. Approval ofCouncil Minutes: July 1,2020 3. Approval of Special Event Application:  III STAFF.COMMITTEL & AGENCY REPORTS  IV CLOSED RECORD DECISIONS RCWCHAPTERS) 36, 42: OPENPUBLICE INPUTE NOTP PERMITTED!  BILLS: Coe. Moore, Millard    V  PUBLICI HEARINGS  VI ORDINANCES & RESOLUTIONS  VII ITEMS FORC COUNCIL CONSIDERATION 1. Police Surplus of Carriers and Panels 3. "C" Street Sidewalk Contract. Approval  2. Agreement for Professional Services for Architectural Services-with DOH Associates  VIII CITY ADMINISTRATOR REPORT  BILLS: Coe Moore, Milard    CITY COUNCIL MINUTES  July 01, 2020  City Council of the City of Ephrata, Grant County Washington met in regular session on July01, 2020. The meeting was called to order at 7:00 p.m. by Mayor Bruce Reim. Due to the COVID-19 Pandemic and Governor Inslee's Proclamation 20-28, this meeting is being conducted telephonically using the ZOOM audio only conferencing. Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  members Mark Wanke, Matt Moore, Valli Millard, Sarah  McDonnell and' Tony Mora.  Staff Present:  City Administrator Mike Warren, City Attorney Anna Franz, Fire Chief. Jeremy Burns, Public Works Director Bill Sangster, Community Relations Director Traci Bennett and City Clerk/Finance Director) Leslie Trachsler.  Motion to excuse Council member Allstot. (m/s Moore/McDonnell) Motion carried.  Pledge of Allegiance was said. No public signed up to speak. Agenda: There were no additions or corrections to the agenda.  Presentations: Council Member Will Coe, as the City's representative on the Grant County Economic Development Council (EDC), gave al brief presentation on what is happening with the EDC. Since the COVID-19 Virus outbreak site visits have stopped and economic development is focusing more on sustainability in place of recruitment during this time. There were two Ephrata businesses approved fora CARES Act Grant Consent Agenda: Motion was made to approve consent agenda. (m/s Moore by  from EDC.  unanimous consent) Motion carried. Items on the consent agenda are as follows:  Claims #92117 through #92135: in the amount of $45,436.57 Claims #92094 through #92096: in the amount of $410.14 Claims #92115 and #92116 in the amount of $261.69 Payroll Check #46684 through #46702 in the amount of $35,383.60 Payroll Claims #92097 through #92114 in the amount of $235,876.34    Payroll Direct Debit in the amount of $5,875.00 Payroll Direct Deposit in the amount of $173,450.50 Minutes of the. June 17, 2020 Council meeting  "Scout Mei in Day" July 29, 2020. - Proclamation: Grand Columbia Council of the Boys Scouts of America has requested Mayor and Council proclaim July 29, 2020 as Motion to proclaim July 29, 2020 as' "Scout Me in Day". (m/s Mora/Moore) Motion Report on Governor's Proclamation 20-23.5-1 Ratepayer Assistance and Preservation of Essential Services: Director Trachsler gave al brief report on the Governor's Proclamation regarding the suspension of late fee assessments for utility The Proclamation mandates that utility providers develop a COVID-19 Customer Support Program and post it on the entities public website by July 10th. In March, Council passed Ordinance 20-01 which authorized the suspension of late fee assessments and disconnection for non-payment for a period of 61 months - March thru September. The City also provides an opportunity for customers to make payment arrangements for past due amounts in an effort to avoid disconnection and information on community service organizations that provide assistance. So in essence, the City offers a customer support program. A Public Announcement has been prepared and will be posted on the In light of the fact that it is highly possible the pandemic could last beyond September and in anticipation of being able to continue to provide support to our customers who have been affected by the COVID-19 Pandemic, staff has researched several options for 1. Establish a reduced utility rate for qualifying individuals/small businesses 2. Reduce outstanding balance by a set percentage for qualifying individuals/small 3. Continue to suspend late fees for qualifying individuals/small businesses Customers would complete an application requesting consideration and providing proof that they are qualified. Once approved, then aj payment agreement would be worked out Staff recommends option 3 which aligns best with current practice; provides payment arrangements tailored to the customers' needs without accruing late fees. Based on the delinquent account analysis presented, this could represent a negative financial impact of  "Scout Me in Day". carried.  accounts and disconnection for non-payment.  City's website.  Council consideration.  businesses  between the customer and the city.  between $800 -$1000 a month. Council discussion ensued.    Motion to proceed with option 3 as presented. (m/s Moore/Wanke) Motion carried. CARES Funding. - Supporting Local Businesses impacted by COVID-19: Director Bennett advised Council that after the City has been reimbursed for its COVID-19 related expenses from the CARES Funding the remaining balance will be used to provide small business grants based on eligible use requirements for CARES Funds. The application process will be modeled after the Lodging Tax Committee process. We will reach out to the Chamber and a committee will be formed which will be tasked with reviewing each application for compliance with the established guidelines and make Accept Donation for BOLD Scholarship: A $25 donation was given in support of the BOLD program, per policy, all donation must be accepted by Council. Motion to accept $25 donation for BOLD Scholarship Program. (m/s Moore by  recommendations for approval.  unanimous consent/ Millard) Motion carried. City Administrator Report:  Mid-Year Budget Report: Director Trachsler reported on the budget to actual for. January through June, 2020. Overall revenues are 11% below budget and expenses are 17% below budget. Compared to 2019 for the same time period, 2020 revenues are 3% less than 2019 and expenses are 12% less. Trachsler reviewed the specifics of several of the General Fund - revenues are on target and expenses are 5% below budget. Cash balance has increase 24% from January beginning fund balance. Sales tax revenue is 6% above budget and 10% higher than this time last year. It is still too early to see the total effects Park Fund - revenues are 13% below budget and expenses are 23% below. Cash balance has increased 100% from January beginning fund balance. With the pool closure there is anet savings of approximately $150,000. Program fees are down as well as the corresponding expenses and park maintenance expense is 9%1 below budget. Library Fund - revenues are 4% above budget and expenses are 2% below budget. Cash balance has increased 48% from. January beginning fund balance. The roof is in desperate need of repair and staff recommends moving forward with this project. Street Fund - revenues are 10% below budget and expenses are 8% below budget. Cash balance is 30% less than January beginning fund balance. Fuel taxes for the last two months have dropped considerable. May is 37% less than for the same period in 2019 and June is 35% less. Recommend re-allocation of property tax for the remainder of  tax supported funds and enterprise fund.  oft the forced closure of businesses to count on this trend continuing.  2020 from Park Fund to Street Fund.    TBDI Fund - revenues and expenses are on target. The Division Street Phase IProject is Water/Sewer Fund - revenues are 2% above budget and expenses are 20% below budget. Cash balance is 55% higher than January beginning fund balance. Expenses for the emergency repair on Well #3 and the Wastewater Treatment Facility have not been All in all, the measures implemented by Council have been very effective and staff has Staff recommends that moving forward we continue/implement the following:  being combined with Phase II for construction in 2021.  invoiced as of yet.  been very diligent in monitoring expenses.  Continue to hold the line on non-essential spending Continue to closely monitor sales tax revenues  Re-allocate 20% of Property Tax distribution for the remainder of the year from Park Fund to the Street Fund resulting in an increase to Streets of approximately Move forward with contract to design necessary repairs on the Library roof Council discussion ensued. Council consensus was to support all recommendations as  $116,000  presented.  There being no further business meeting adjourned at 7:36 p.m.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk    DATE:  July 11,2020  Department: City Clerk/Finance  Past Activity  Continue to support other departments and commissions Working with Mayor/Administrator on COVID-19 related issues Conducted internal review of the 2019. Annual Financial Report Completed. AWC's annual Salary Survey Prepared Mid-Year Financial Report for Council Prepared Ratepayer Assistance Report for Council consideration Compile qualified expenses for CARES. Act reimbursement  Monthly duties as assigned  Future Activity  Normal monthly duties Monthly Balancing of: all financial transactions Prepare and submit monthly tax reports Monitor revenues/expenses of the City Monitor Budget Attend all Council Meetings Initiate Legal Publications as required Provide and monitor requests for Public Records Monitor Records retention/lestruction End ofMonth Payroll process Monthly/Quarterly PRI Reports Address Human Resourcei issues Support staff ini their daily operations Support City Administrator to COVID-19 suspended due to COVID-19 agreement form Complete Tax and User Fee Survey  Monthly Civil Service Commission meetings - suspended due Attend LEOFFID Disability Board monthly meetings- Work on creating al Utility Relief application and payment Work with City Administrator on Library Re-roof project Non-essential spending has been frozen as per Council direction COVID-19-Cusiomer Service window barriers have been installed. Jason Ronish from the Street Department performed  Budget Concerns Other Issues  Monitoring tax revenues closely  the work and did an outstanding. job. Coverage for employee vacations    City Council Report  Parks and Recreation July9,2020  PASTACTIVITY:  1. PARKS COMMISSION:  a. June meeting-I No Quorum  2. Recreation/Communiy Programming:  a. BOLD continues with effort to increase participation b. Summer movie series tol begin in local parks Scheduled alternative summer programs and activities d. Summer concert series at Rock Park to start a. Opening of some park restrooms  3. Parks:  4. Public Relations/Tourism:  a. Working with Chamber of Commerce Board to distribute CARES funds to: small business  b. Providing information on Phase 3 approach to starting programs Developing a Safe Start Plan for city employees and citizens  5. Special Events: a. None 6. Recreation Supervisor:  a. Accepting registration alternative summer programs and activities b. Modifying summer activities base upon 'phase' openings  Assisting utility customers  7. Splash Zone: FUTURE GOALS/ACTIVITY:  a. Preparing possible projects to be completed during closure  1. Continuing administration of current and new programs 2. Continuing to work with and support various communitygroups 3. Develop new recreation programs and activities 4. Develop tree replacement program 5. Develop a park reservation system 6. Research webs site options    City of Ephrata  July 9th, 2020  Department: Public Works Field Supervisor  past Activity  Cleaned the head works at the waste water treatment facility. Completed monthly sewer flushing. Flushing and Sweeping city streets as needed to conserve fuel. Monthly water testing. Read meters. Select herbicide maintenance. Working on getting well #3 back on line. Working on getting the WWTP plc's back up and communicating! (Waiting for parts to arrive). Removed the High school senior banners from the light poles on Basin street. Removed all oft the items related to the community garden and cleaned the sight. Had annual inspection performed on our Genie high lift and newly acquired Versalift. Regular scheduled Park and public works maintenance, numerous funerals, and as always responded to any  and all City related calls.  Future Activity:  Still waiting for parts for the plc's sO we can get WWTP communication back to 100%. Clean head works at the waste water treatment facility. Monthly sewer flushing. Monthly water testing. Read meters. Chlorinate and put well # 3 back on line. Flushing and sweeping city streets (only as needed to conserve fuel use). Continue with routine inspections and maintenance on all trucks and equipment. Summer herbicide maintenance as needed. And as always respond to any and all City related calls.  Budget Concerns: Other Issues: Dennis Ohl Public works field supervisor  Continue to monitor closely  Continuing to maintain social distancing!    City of Ephrata Permits Issuer Issue Date Owner  Department of Planning and Building  Jun-20  Fee (less State Fee)  Permit Parcel  Contractor Location Work Done Valuation  1105 Basin  20-044 141158000 6/11/2020Samis Land 20-112 140124723 6/16/2020/Alderbrook  Brian Schoo sW Alderbrook 1106 8th NE SFR  Windows $ 12,000.00 $  38.00  $ 240,000.00 $ 6,312.18 5,400.00 $ 2,600.00 $ 6,000.00 $ 119.54 1,000.00 $ 2,000.00 $ 4,000.00 $ 300.00 $ 500.00 $ 2,500.00 $ 1,500.00 $ 1,200.00 $ 1,000.00 $  3671 Canal 1231  20-113 141121000 6/4/2020Keith Knitter Keith Knitter Dr  Deck  $ $  72.25 29.30 38.00 98.50 11.85 72.56 11.85 29.30 11.55 38.00 37.50 38.00 29.30 37.50 11.85 29.30  Eric & Mariah Erick  20-115 140280000 6/4/2020Huberdeau  Huberdeau  Thurston Addition $ 35,000.00 $ 1,147.67  20-116 130960000 6/2/2020Shane Goetz Shane Goetz 17HNE Shed 20-118 140475123 6/9/2020Adrian Perez Adrian Perez 770JSE Patio Cover $  20-119 140700000 6/4/2020Martin Flynn KBC Const.  1105 Sunset Driveway $  Egress Fence  20-121 140586000 6/10/2020Bross Holland Brian Schoo 345 6SW Windows $ 20-122 140124526 6/5/2020/Shawn Beeman Cortez Fencing NE 20-123 140124517 6/10/2020Janis. Jondahl Janis Jondahl 7156NE Pool 20-125 140857000 6/9/2020/Valerie Roberts Valerie Roberts 240CNW Fence  810 6th Ave  $ $ $ $ $  20-126 140780000 6/10/2020Jose Lopez  Jose Lopez Travis &  478 5thsW Shed  Travis &  20-127 130751000 6/10/2020 Katherine Ogle Katherine Ogle 1L Loma! St. Fence 20-128 130624000 6/10/2020William Coley William Coley 228 Statter Sidewalk $  20-129 130344000 6/12/2020Terry Mandeville Dircio's  1311CSW Irrigation $  Basin Industiral Basin Industrial 2083 Basin  20-130 130510000 6/11/2020Park  Park  St.SW  Grading Relocate  $ $ $ $  $ $ 1,000.00 $ 1,000.00 $ 1,000.00 $ $ 150,000.00 $ 5,756.50 8,000.00 $ 1,000.00 $ $ 25,000.00 $ $ 1,000.00 $ $ 500.00 $  20-131 Port  6/12/2020Forever: ODM Forever ODM 187 Airport Shed  20-132 130645000 6/12/2020Cristobal Avila Dircio's 10-133 130713000 6/12/2020Mihelich  233 Mocliff Irrigation $ 246 MaringoFence 34 Grant Dr SFR 153ESt.NE HVAC 1980 Fairchild Fence  Augustin  Dircio's  20-134 131586303 6/12/2020Jason Ronish Jason Ronish 231JSE Shed  20-135 140697205 6/17/2020Mark Cummings MC Const 20-137 131383000 6/15/2020Travis Mather Heating  Polhamus  $  68.60 37.50 11.85 11.85 11.85  20-138 141005000 6/16/2020Joleen Kellams Joleen Kellams 217ENW Irrigation $ 20-140 131585000 6/17/2020Rosetta Grubb Rosetta Grubb 82LNE Fence  20-139 130042612 6/17/2020Port of Ephrata K'sLawn  Jose & Yesenia  20-142 140706000 6/17/2020/Marquina  Brad Smart 1185 Sunset Fence    1186 10451 1st 1175ASE 71FSE  20-145 140738000 6/29/2020Scott Glassburn Scott Glassburn Cottage ReRoof 20-146 130573000 6/29/2020Tim Peterson Brian Schoo NW 20-147 140127001 6/29/2020]! Heath Wisdom Heath Wisdom #6 20-149 131093000 6/30/2020/David Cranson Thurmans 20-150 131338000 6/30/2020Estherl Lkettke Thurmans  $ $ $  2,000.00 $ 7,800.00 $ 1,000.00 $ 4,863.59 $ 2,399.34 $  58.05 58.05 29.30 58.05 58.05  ReRoof Placement $ ReRoof Total  153HN NE ReRoof $  $ 521,562.93 $14,373.65    DATE: July 15,2020  ITEM: Items for Council Consideration  SUMMARY  1. Police Surplus ofCarriers and Panels--These are Ballistic panels and carriers that are expired, and the Police Department is requesting that they be destroyed by 2. Agreement for Professional Services for Architectural Services- - DOH Associates- 3. "C" Street Sidewalk Contract Approval- --This is to authorize a contract with Central Paving LLC (Ellensburg, WA) to construct. a sidewalk extending from Parkway to the  incineration.  This is for the design work for the Library roof.  High School on' "C" Street. 2. Approximately $4,660.00  BUDGET IMPACTS  1. N/A  3. $273,451.50 (Covered by' TIB's Complete Streets Grant.  Staffr recommends acceptance and approval ofall 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 toi the meeting.    EPHRATA  MEMO  POLICE  DATE: TO: FROM: REF:  6/24/2020 City Council Interim Chief Erik Koch Surplus Carriers and Panels  The following ballistic panels are expired and havel been replaced. The Ephrata Police Department is requesting that the below listed items be approved for surplus and subsequently  destroyed by incineration. Brand SAFARILAND, LLC SAFARILAND, LLC Survival Armor Survival Armor Safariland Armorwear Level 2 Safariland Armorwear Level 2 Monarch Summit Monarch Summit  Model  Serial  Expired on Value 6/2015 $0.00 6/2015 $0.00 4/15/2020 $0.00 4/15/2020 $0.00 5/07/2009 $0.00 5/07/2009 $0.00 4/2014 $0.00 4/2014 $0.00  BA-2000S-SMOI Front: 10114744 BA-2000S-SMOI Back: 10114745  Front: 1504157516 Back: 1504157516 Front: 01293989 Back: 01293990 Front: 09046426 Back: 09046??? (Illegible)  TD06-FEM-II TD06-FEM-II  The following ballistic carriers are worn and the panel specific for each carrier is now expired. The Ephrata Police Department is requesting that the below listed item be approved for surplus  and subsequently destroyed by incineration.  Brand Second Chance Second Chance Safariland Survival Armor Sincerely, Interim Eh  Model X-Static X-Static ZeroG Armorwear  Value $0.00 $0.00 $0.00 $0.00  ChiefErik Koch Ephrata Police Department  Page 1 of1    AGREEMENT FORI PROFESSIONAL SERVICES FOR ARCHITECTURAL SERVICES  COMMUNITY CENTER and ROOF REPAIRS fort the EPHRATA LIBRARY and EPHRATA RECREATION CENTER  CITY OF EPHRATA  THIS AGREEMENT AND CONTRACT made and entered into at Ephrata, Washington this 15th day of July, 2020, by and between the CITY OF EPHRATA, State of Washington, hereinafter called the "City" and The DOH Associates, PS, a' Washington professional services corporation and ai firm of consulting architects duly authorized to perform professional services in the State of Washington, hereinafter called  the "Consultant".  ITISAGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:  ARTICLE 1- DEFINITIONS  Whenever the term "City" is used herein, it is understood to mean the City of Ephrata, of Grant County, Washington, or its authorized officers and the term Consultant" means The DOH Associates, PS or its  authorized representative.  ARTICLEI I- OBLIGATIONS OF THE CONSULTANT  1.  Basic Services  The basic services contemplated to be performed by the Consultant are outlined hereinafter. The City retains the right to perform any and all specific elements of such services and to accordingly reduce the work by the Consultant and remuneration to the Consultant. Such reductions shall be based upon the The basic services to be performed by the Consultant under this agreement are as follows:  amount of effort intended by the Consultant for the various tasks.  The scope of work is for architectural services related to the building plans and master planning for the Community Center and the building plans for roof repairs for the Ephrata Library and Ephrata Recreation  Center.  A. The City shall furnish the necessary information to direct the tasks to be provided by the B. The Consultant shall supply the City with sufficient data to support their designs and C. The Consultant shall, at the conclusion of the work, provide the City with a project report. The Consultant will accept the responsibility for all work involved in the production of D. The parties intend that an independent Consultant/City relationship will be created by this Agreement. The City is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the  Consultant. conclusions.  those documents.    Consultant. No agent, employee, servant or representative of the Consultant shall be deemed to be an employee, agent, servant or representative oft the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. However, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion  thereof. Special Services  2.  Certain special services may be required to support the basic services to complete the tasks and assignments required by the City. The type and extent of such special services cannot be determined at the time of execution of this agreement. However, the Consultant agrees to perform such special services as may be required to accomplish the objectives assigned by the City; providing, however, the Consultant feels capable of performing such special services. Payment for this work shall be as agreed to in writing by both parties prior to beginning said work. Both the City and the Consultant shall mutually agree, in writing, to any special services, additional services, and/or changes in services under this agreement.  3.  Nondiscrimination: - Standard of Care A. The Cityi is an equal opportunity employer.  B.  Nondiscrimination in Employment. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination ine employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. Nondiscrimination in Services. The Consultant will not discriminate against any recipient ofa any services or benefits provided fori in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or D. If any assignment and/or subcontracting has been authorized by the City, said assignment or subcontract shail include appropriate safeguards against discrimination. The Consultant shall take such action as may be required to ensure full compliance with  physical handicap.  the provisions in thei immediately preceding paragraphs herein.    Services performed by Consultant will be conducted in a manner consistent with that level of care and skill ordinarily exercised by other members of the architectural engineering and science professions currently practicing under similar conditions subject to the time limits and financial, physical or any other constraints applicable to the  Services. Indemnification  4.  Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of orr resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.  5.  Ownership ofl Instruments of Service  The service provided by Consultant is intended for one time use only. The City shall own all reports, field data, field notes, laboratory test data, calculations, estimates, plans, specifications, record drawings, and other documents prepared by the Consultant. The Consultant shall provide the City with two hard copies and an electronic copy oft the final report. The Consultant shall make no claim of copyright, trademark or the like to whatever use the City may make of these materials including further dissemination of these materials to third persons. Final payment will not be made until Consultant provides the City with all  reports, drawings, documents, and services prescribed under this Agreement.  6.  Right of Entry  The City will provide for the right of entry for the Consultant, its subcontractors, and all necessary equipment in order to complete the work under this agreement. Any damage to property by the Consultant due to negligence of the Consultant or its employees shall be the responsibility of the  Consultant. 7.  Sample Disposal  Soil and rock samples or other specimens will be disposed of 60 days after submission of test results by the laboratory. Upon written request, the Consultant will store samples for longer periods of time or  transmit the samples tot the City for a mutually acceptable charge.  8.  Disposal of Hazardous Samples/Materials and Contaminated Equipment  All samples and materials containing or potentially containing hazardous constituents are the property and responsibility of the City. It is understood and agreed that the Consultant is not, and has no    responsibility as a handler, generator, operator, treater, storer, transporter, or disposer of hazardous or  toxic substances or waste materials found ori identified at the site.  9.  Control of Work and. Job-Site Safety  The Consultant shall be responsible only for its activities and that of its employees, sub- consultants, and specialty contractors on any site. The Consultant will not direct, supervise or control the work of other consultants and contractors or their subcontractors. Insofar asj job site safety is concerned, the Consultant is responsible only for the health and safety of its employees, sub-consultants, and specialty contractors employed by the Consultant in carrying outi its work. Nothing herein shall be construed to relieve the City of Ephrata or any other consultant or contractors from their responsibilities for maintaining a safej job site.  10. Taxes  Consultant accepts full and exclusive liability as between itself and The City for the payment of any and all contributions or taxes which are measured by wages, salaries, or other remuneration paid to persons employed by Consultant or its subconsultants, or assignees for the work to be performed hereunder, or which arise by virtue of Consultant's employment, and which now or hereafter may be imposed by any governmental authority. Such contributions or taxes, shall include, but not be limited to, Unemployment Insurance, Worker's Compensation, Old Age Retirement Benefits, Medicaid, Disability, Pensions or Annuities, and Income Taxes. Consultant shall comply with all laws and administrative regulations Consultant accepts full and exclusive liability for and shall pay all sales, use, gross receipts, and any other taxes arising from the fees paid to Consultant by the City for Consultant's performance of this Consultant shall complete and maintain its registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement.  relating to such contributions or taxes.  Agreement.  11. Compliance with Laws and' Warranty  A. The Consultant, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this Agreement to assure quality of B. The Consultant specifically agrees to pay any applicable business and occupation (B&O) C. The Consultant represents that it has the skills and knowledge necessary to competently provide the services for the projects described in Article I(1), Basic Services, and agrees to provide the professional services under this Agreement in accordance with the care and skill ordinarily used by members of the same profession practicing under similar conditions at the same time and in the same locality. The Consultant further agrees that itshall be responsible for the professional quality, technical accuracy and coordination of all designs, drawings, specifications, and other services furnished under this Agreement.  services.  taxes which may be due on account ofi this Agreement.    The Consultant will re-perform at the City's request any services not meeting this  standard without additional compensation.  ARICLEN-OBUCATIONS OF THE CITY  1.  Authorization  The work required under this Contract shall not begin, nor shall the City assume any obligation for the work involved until the Consultant is given authorization. Such authorization shall not become effective  prior to the date of execution of this Contract byt thel Mayor of Ephrata.  2.  Information and Data  In order to facilitate the work as outlined above, the City shall furnish to the Consultant all information  having al bearing on the project that the City has, as requested by the Consultant.  3.  Remuneration  For the professional services as outlined, the City shall reimburse the Consultant on a monthly invoice submitted by the Consultant as approved by the City. The City may require the invoice to reflect the City's estimate of the work accomplished during the invoice period. The amount oft thet fees shall be as set forth in amendments to this Contract and shall be calculated using the billing rates as set forth in Exhibit A, attached and incorporated herein. Special and miscellaneous services when performed shall be paid for at aj previously agreed amount. No payment made to Consultant shall be construed as an acceptance of Payment to the Consultant will be made after the billings have been approved by the City Council. The City Council meets on the first and third Wednesday of each month. Billings received prior to the Wednesday preceding the Council meeting will be processed for the upcoming meeting. Consultant shall submit documentation, signed by the Consultant's principal, listing personnel and their dates and hours  work or any portion thereof,  worked.  ARTCLENV-NSURANCE  A.  Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its B. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in Minimum Scope of Insurance. Consultant shall obtain insurance of the types described  agents, representatives, or employees.  equity. below: i.  C.  Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA    I.  Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant.  due the Consultant from the City.  J.  ARTICLE V- GENERAL PROVISIONS Duration of Work.  1.  The City and the Consultant agree that work will begin immediately upon authorization of amendments to this Agreement by the City which shall seti forth the specific scope of work and costs for each project. The parties agree that the project work shall be completed by the date set forth in the project scope of work, provided however, that additional time shall be granted by the City for excusable days or extra work.  2.  Termination  The City may terminate the Agreement without cause at any time by giving the Consultant 30 days' written notice of such termination. If any portion of the authorized work covered by this Agreement and begun by the Consultant is abandoned, unreasonably delayed or indefinitely postponed by the City, the The City may terminate the Agreement immediately at any time if the Consultant is in violation of any of In the event of termination of this Agreement by either party, the Consultant shall be paid for all services rendered by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. If the Consultant has any property in its possession belonging to the City, the Consultant  Consultant may also terminate this Agreement by giving 30 days written notice.  the provisions of the Agreement.  will account for the same, and dispose ofitint the manner directed by the City.  3.  Personal Liability of Public Officials  Neither the City employees nor any elected official of the City shall be personally responsible for any  liability arising under or growing out of this Agreement. Time Limitations and Jurisdiction  4.  For the convenience of the parties to the Agreement it is mutually agreed by the parties that any claims or causes of action which the Consultant has against the City arising from the Agreement shall be brought    within 180 calendar days from the date of the end of the Agreement; and iti is further agreed that any such claims or causes of action shall be brought only in the Superior Court of Grant County. The parties understand and agree that the Consultant's failure to bring suit within thet time period provided, shall be a complete bar to any such claims or causes of action. Iti is further mutually agreed byt the parties that when any claims or causes of action which the Consultant asserts against the City arising from the Agreement are filed, the Consultant shall permit the City to have timely access to any records deemed necessary by  the Cityt to assist ine evaluating the claims or action. Assignment and Subcontracting  5.  The Consultant shall not subcontract work unless the City approves in writing. If the City requests, the Consultant shall provide proof that the Subcontractor has the experience, ability, and equipment the work  requires. A.  The Consultant shall not assign its performance under this Agreement or any portion of this Agreement without the written consent of the City, and it is further agreed that said consent must be sought in writing by the Consultant not less than thirty (30) days prior to the date of any proposed assignment. The City reserves the right to reject without cause B. Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, state C. Any echnicalprolessional service subcontract not listed in this Agreement, must have D. The Consultant shall be responsible and liable for the performance of its consultants, subcontractors or assignees who perform any portion of the work or services and shall provide in written agreements with them the same duties and obligations required of the Consultant under this Agreement. The City shall incur no additional costs as a result of any such subcontract or assignment and no liability to any subcontractor or assignee.  any such assignment.  and/or federal statutes, ordinances and guidelines. express advance approval by the City.  6.  Changes  Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such amendments shall be attached to and made part of this Agreement. Achange in scope of services shall be approved by the City and executed in writing by the Mayor before any changes in the scope of services are authorized. All terms and conditions contained in this Agreement shall be applicable to any change in the scope of services.  7. Notice  Any notice that any party hereto desires or is required to give the other party shall be made in writing and sent by certified mail, return receipt requested. Any such notice shall be deemed delivered upon deposit  thereofi in the United States mail with postage prepaid, addressed as follows:  City of Ephrata Attn: Mike Warren  The DOH Associates PS Attn: Paul Coppock    121 Alder St. SW Ephrata, WA 98823  7N. Wenatchee. Avenue, Suite! 500 Wenatchee, WA 98801  Any party may change the address hereinabove specified by giving written notice thereof to the persons  identified in this Section. Severability  8.  A. If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity oft the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as ift the Agreement did not contain the particular provision held tol be invalid. B. Ifit should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be  deemed modified to conform to such statutory provisions.  9.  Entire Agreement  The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings noti incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for termination Both parties recognize time is of the essence in the performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness oft the nonperformance of any provision of this Agreement does not constitute  awaiver of the provisions of this Agreement.  10. Counterparts single binding agreement. 11. No Presumption Against Drafter  This Agreement may be executed in counterparts, each of which, when combined, shall constitute one  This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the  interpretation or enforcement of this Agreement. 12. Litigation Assistance  Ifn required, the Consultant agrees to assist the City in its preparation for arbitration, adjudication, or administrative proceedings and to testify and otherwise to provide evidence on the City's behalf herein. Compensation for said services shall be based upon a time and material basis to be negotiated and  agreed upon by the parties. 13. Waiver    Waiver by the City of any default or breach of the Consultant of any provisions of this Agreement shall have no force or effect unless in writing, nor shall any waiver by the City of any default or breach of the Consultant be construed as a waiver of any other future default or breach of the same provision or any  other provision oft the Agreement. CITY OF EPHRATA By: Date:  The DOHA ASSOCIATES, PS By: hpynk Paul R. Coppock, President  Bruce Reim, Mayor  Date: 7/15/20    AMENDMENT-1 July15,2020  totheAGREEMENTFORPROFESSIONALSERVICESFORARCHITECTURALSERVICES dateduly15,2020by  and between: and  City of Ephrata  The DOH Associates, PS, Architects and Planners  A Change in Service: following:  With reference to the Consultant Services, Specific Scope of Work, The Consultant shall include the  Temporary Roofing Repairs  The DOH Associates will meet with Wagner Roofing and the City Building Official to come to a consensus astotheb bestr method torepairbotht thel Ephratal ecraitbaiCmertcndland thel Libraryroofwithin the budget and to allow time for the pre-design and construction of a new Community Center. We will prepare cursory schematic type documents identifying the areas, location and limits of work. Documents willi include a verbal description oft the workt tol be completed. Abidi formy willl be provided that includesa a verbal description oft the work, special requirements such as prevailing wages, bonds, etc. and DOH wilasistinsolitciting! bids, arrangingt foradvertisementsfnecesany,andreewing: bids. Wewill work with the City to complete construction. administration of the work, understanding that the City will take the lead on thej project and will finalizei the contract and notices ofcompletion: nand! DOHwill Compensation forTask 1 will bel billed on and hourly basisnot-to-exceed fee of $4,660 without prior authorization,plusreimbursable: expenses. Thep proposedworkexcludeshazardous: materials testing.  other owner required information.  support in an as needed capacity.  This Amendment is agreed to as of the date first written above.  OWNER  ARCHITECT  hRyh Paul R. Coppock, President The DOH Associates, PS  Bruce Reim, Mayor City of Ephrata  ARCHITECTS &1 PLANNERS . The DOH Associates, PS . WENATCHEE, WASHINGTON    EXHIBIT A SCOPE OF SERVICES  Program(s) Description(s):  Program Name  Location  Date(s)  Class Fee  Program Name  Approved Class Expenses  Contractor shall provide all necessary equipment and supplies for these Contractor shall collect any additional fees for equipment or supplies. Contractor is responsible for the supervision of all program participants, parents, family, and spectators involved with their program while they are Contractor shall make sure that the space used for the Program is cleared at  programs.  utilizing City facilities. the end ofe each class.  RECREATION INSTRUCTORS PROFESSIONAL AGREEMENT    City of Ephrata 121 Alder Street Southwest Ephrata, Washington 98823 Voice: 1800-833-6384 TDD: 1800-833-638B  Phone: 509-754-4601 Fax: 509-754-0912  Staff Report  VII. Items for Council Consideration  "Ç" Street Sidewalk Contract Approval  1. Authorization to Accept Contract for the C Street Sidewalk  Project.  a. Gray & Osborne has completed the review of Contracts for Central Paving, LLC (Ellensburg, WA) with a low bid of $ 273,451.50. The contract has been sent to the City  Attorney's office.  b. The Project has been funded through a TIB's Complete Streets Grant we received last year for $300,000 for  Engineering and Construction.  C. Project will have a sidewalk from the High School(4th Ave NW) to Parkway School on the West Side of C Street  only)  d. Itv will consist of New ADA Ramps and Sidewalk where  there isn'tsidewalk currently.  e. Staff recommends entering into this contract as soon as all  approvals have been satisfied.