EPHRATA CITY COUNCIL MAYOR BRUCE REIM MAYOR PRO-TEM WILLIAMCOE MATILEENALISTOT.SARAIL MCDONNELL. VALII MILLARD. MATT MOORE. TONY MORA. MARK WANKE CITY ADMINISTRATOR MIKE WARREN AGENDA FOR October 20, 2021- ZOOM CALL IN-DIALINPHONE NUMBER 1-253-215-8782, follow prompts City of Ephrata Meeting ID: 642-397-7833 7:00 PM REGULAR: SESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of Meeting: No 5. Additions or corrections toj published Agenda Presentations: Awards Ceremony for events of August 21, 2021- Mayor Reim II CONSENT AGENDA 1. Approval of Claim Fund Bills and Checks Issued 2. Approval of Council Minutes: October 6, 2021 3. Approval of Special Event Application: a.American Legion Veterans Day Parade--November: 11,2021 b.Ephrata High School Homecoming Bonfire and Fireworks- October 20, 2021 Set Public Hearing for Ad Valorem' Tax November 3, 2021, at 7PM III STAFF, COMMITTEE, & AGENCY REPORTS BILLS: Millard, Allstot, Mora IV CLOSED RECORD DECISIONS CHAPTERS36.4 OPENPUBLICI INPITT NOTPERMITTED) V PUBLIC HEARINGS VI ORDINANCES & RESOLUTION VII ITEMS FOR COUNCIL CONSIDERATION 1. 3rd Quarter Financial Report 2. 2022 Draft Budget Update VIII ITEMS FOR COUNCIL ACTION 1. Set Annual Fall Leaf Pick-Up - November 15-24, 2021 2. Parkside Estates Phase 2 Major Plat Final Approval 3. ERC Reroof Project - Accept Chimney Repair/Repaint 4. Accept Lease Agreement with Ephrata Chamber of Commerce IX CITY ADMINISTRATOR REPORT BILLS: Millard, Allstot, Mora CITY COUNCIL MINOTES October 06, 2021 City Council of the City of Ephrata, Grant County Washington met ini regular session on October 06, 2021. The meeting was called to order at 6:00 p.m. by Mayor Bruce Reim and adjourned to executive session to discuss acquisition of real estate or site selection (RCW 42.30.110()(b), for approximately one hour. Executive session adjourned, no decisions were made or action taken. Meeting reconvened at 7:00 p.m. 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 City meeting ID. members Mark Wanke, Matt Moore, Valli Millard, Sarah City Administrator Mike Warren, City Attorney Anna Franz, Public Works Director Bill Sangster, Fire Chief Jeremy Burns, Police Chief Kurt Adkinson, and City Clerk/Finance Director McDonnell, and' Tony Mora Staff Present: Leslie Trachsler Motion to excuse Council member Allstot. (m/s Mora/Moore) Motion carried. Pledge of Allegiance was said. No public signed up to speak. This meeting is not being recorded. Agenda: There were no additions or correction to the Agenda. Presentations: Will Coe updated Council on the latest EDC Board Meeting. The most significant item was the loss of staff member Joe Acres who went to work for Samaritan Health Care. They hired Racheal Lang who come from Samaritan Health Care. Rachael has been working for a couple of weeks now. Will reminded Council that his term is up Consent Agenda: Motion was made to approve consent agenda. (m/s McDonnell/ in two more: months. Millard) Motion carried. Items on' the consent agenda are as follows: Claims # 93970th through #94024 in the amount of $911,205.42 Payroll Checks #47059 through #47120: in the amount of $56,264.74 Payroll Claims #93949 through #939661 in the amount of $238,475.90 Payroll Direct Debit in the amount of $5,875.00 Payroll Direct Deposit in the amount of $190,461.18 Claims #93944 through #93948 in the amount of $1,510.15 Claims #93967 through #93969 in the amount of $2,737.60 Minutes of the September 15, 2021 Council meeting Special Event Applications: None Public Hearing Resolution 21-010 - Update to the Six-Year Street Plan (2022-2027): Mayor Reim opened public hearing at 7:05 p.m. Public Works Director Sangster gave a brief staff report. In order to qualify for State funding, it is required that any potential projects be listed on the Six-Year Street Plan. Ifany project becomes critical, it can be There being no public comment and no council comments, Mayor closed hearing at 7:07 Public Hearing Resolution 21-011-1 Update to the Three-Year Transportation Benefit District Plan (2022-2024): Mayor Reim opened public hearing at 7:07 p.m. Public Works Director Sangster gave al briefstaff report. In response to the voter approved transportation sales tax, the City strives to be transparent with the public by identifying and prioritizing needs. This plan sets the general apportionment for the upcoming three years of 18% for preventative maintenance, 68% for reactive Council discussion ensued regarding the assessment ofthe condition of the streets. Sangster advised that the initial assessment was done two years ago and will periodically There was one comment from the public regarding contractor accountability. He was advised that there are several requirements that the contractor has to meet in order for full moved up in priority. p.m. maintenance and 13% for future projects. be conducted in the future. payment to be received. There being no further comments, public hearing closed at 7:17 p.m. Resolution 21-010 -2 2021 Update of the Six-Year Street Plan: Motion to approve and accept Resolution 21-010-2 2021 Update of the Six-Year Street Plan. (m/s Mora/Wanke) Resolution 21-011 - Update of the Three-Year Transportation Benefit District Plan: Motion to approve and accept Resolution 21-011 - Update of the Three-Year Transportation Benefit District Plan. (m/s Wanke/Millard) Motion carried. Motion carried. Proposed 2022 Goals and Objectives: This is the third review. Council comments received have been incorporated and are reflected in this draft. The values and goals were established by Council as a way to communicate to staff how to prioritize the city's resources during the budget cycle. Council discussion ensued, they liked the changes. Motion to accept the Mission Statement with the 2022 Goals and Objectives as presented. Easement and Right of Way for Electric Distribution Lines and Communications Facilities: This easement is for an electrical main line within Oasis Park. The PUD will be replacing the existing main line with a larger wire that can handle a larger load. This work is foundational for future electrical upgrades that need to be completed sO that the Park can meet the increased demand of the more modern-day RV's. Motion to authorize Administration to execute the Easement and Right of Way Agreement granting an easement to the Grant County PUD. (m/s McDonnell/Moore) Surplus Equipment: There is surplus to the needs of the City the following items: (m/s Mora/Moore) Motion carried. Coe abstained, Motion carried. 2011 Dodge Charger 2002 Dodge Ram 1500 3Truck Canopies 2000 Snapper Mower All items will be sent to auction. Motion to declare all items surplus to the City's needs. (m/s Millard/Moore) Motion Employee Recognition Policy Update: Heather Rhoads addressed Council regarding the Employee Recognition Policy. The Awards Committee has reviewed Policy 3096 and have proposed several changes. Most notable is defining levels of recognition, addressing volunteers and outlining the makeup of the Awards Committee. Motion to approve and accept amended Policy 3096 "Employee Recognition Policy". carried. (m/s Wanke/McDonnell) Motion carried. City Administrator Report: Follow up on animal control concern from Anita Waller: Administrator Warren advised Council that he has been in contact with Ms. Waller regarding the difficulty of dealing with stray cats. She will continue to look for other options and she was assured that the City is open to cooperating with her. There being no further business meeting adjourned at 7:29 p.m. Bruce Reim, Mayor ATTEST: Leslie Trachsler, City Clerk receiveo, 05121 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 EVentVETERAS DA1 PARAPE 2. Setup Start Time/Date: 10:A Event End Time: /30 Date(s) of Event: 11-2017 Clean Up End Time/Date: /JoAA Event Start Time: 10:45 AA 3. 4. 6. Sponsoring Organization: AMAKICAW LGGION post 24 5. Event Coordinator/Primary Contact: Mailing Address: 204 MARINGD RP 7. Day Phone: 509-994-4417 MIKG MOWTANEY Cell Phone: SAME Fax: MR Phone: 504-760-/33 8. Email: 9. mmontensye gmaik coM Secondary Contact: JAME MONTAWEY 10. Is alcohol being served? IFYES, which one(s)? YES NO IFYES include a copy of the State Liquor Permit. 11. Doy you wish to utilize any City property, such as aj park? YES 12. Will this eventi include Food Vendors of any type? of vendors is required tol be submitted with the application. 13. Anticipated number of attendees? 50 /n PAKAD6 YES (NO) Ifyes, all vendors must apply for a Temporary Food Service Permit with the County Health District, A list 000 SPECTATEN 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 INCONSIDERATION. 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 TOTHE 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 in this event whether caused by any negligent act or omission oft 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 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. 1,t the undersigned representative, have read the Special Events Application and the Policies and Procedures contained herein, and lam duly authorized by the event organzationbusiness to submit this application on its behalf. The information herein is complete and accurate. pasl 26 APPLICANT: MIKE MONTANEY AMERICAN LEGIOW PRINT NAME AUTHORIZED AGENT FOR 10-421 -NNa SIGNATURE OF APPLICANT; SIGNI NAME DATE 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 Submit completed original application, along with required attachments to: must be reviewed and approved before a permit can be issued. OFFICE OF THE CITY ADMINISTRATOR CITY OF EPHRATA 121 ALDER ST. SW EPHRATA, WA 98823 d& 24th Annual Veterans Day Parade Timeline Thursday 11 November 2021 10AM 1030 1040 Participants will begin staging on Division St between Basin and DSt. And on CSt. between Division and 1St Ave NW Participants will begin lining up in CSt. Police will close CSt between 1St Avel NW and 2nd Ave SW Police will block traffic on Basin St from 2nd Ave SW to 1SAvel NW, 2nd Ave SW from CStt to Basin St and 1St Ave NW from Basin SttoC American Legion Riders will make a preparade lap around parade St. 1045 1050 1057 route. The. American Legion Color guard will step offt to start parade moving The parade will halt in front of the Ephrata Recreation Center and the American Legion Honor Guard will move onto sidewalk in front of the WWII memorial and prepare to fire a rifle salute. The American Legion Honor Guard will fire 3 volleys in honor of those who fought in the great wars defending our nation. The American Legion Honor Guard will rejoin the parade as it The parade will halt in front of the courthouse and the American Legion Honor guard will move onto the grass just north ofthe Vietnam memorial and prepare to fire a rifle salute south on CSt. 11AM 1101 1108 resumes marching north on Basin St. 1110 1111 1130 The American Legion Honor guard will fire 3 volleys in honor of those who fought in all the wars since WWII defending our nation. The. American Legion Honor guard will rejoin the parade which will continue to the corner ofcSt and division and disband. All participants, including the Ephrata Police Department, will assemble at American Legion Post 28, 276 gth Ave NW for a free luncheon by the American Legion Auxiliary. Junes Ct 2nd Ave Nw IStA Ave NW IStAver NW / MHAaN wn Amtrak- Ephrata Bns! Ephrato Vord / S Ma E FMAaN us PthAv recelved 1721 SPECIAL EVENT PERMIT APPLICATION City of Ephrata 121 Alder Street SW Ephrata, WA 98823 (509)754-4601 ph (509)754-0912 fax 1. Name gf Event: 2. Setup Start Timepate: 3. Event End TmzA1 4. Sponsoring Organization: 5. Event Coordinator/Primary Contact: Mailing Address: 333 Ylh Au 7. 8. 9. PERMIT APPROVED: YES Date: NO Authorized City Signature: Date(s) of Event: Event Start Time: Clean Up End' Es Hemitmmn Aofu hpks Bnhte /20 Gwki GMMh /7PM gime TmSMAL SMMA l3pn funk h/9Mpn EAS VASB lompla Svik Masy WE Wt 98823 Day Phone: Emall: Phone: Fax: 5D9-754-5285 Smsy@ghhdhukag Secondary Contact da Addink 5A-398-1749 Srin) 509-754-4993 Phone: 6P4-754-b2452 10. Is alcohol being served? IFYES, which one(s)? YES (NO) IFYES include a copy oft the State Liquor Permit. 11. Do you wish to utilze any City property, such as a park? YES NO 12. WIll this event include Food' Vendors of any type? GES NO Ifyes, all vendors must apply for a Temporary Food Service Permit with the County Health District. AI list of vendors is required tol be submitted with the application. 13. Anticipated number of attendees? 100-200 hohle 485 fital_gine THE PRIMARY CONTACT MUST LIST AI 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: Punchwe Ordur h procesy 7 INDEMNIFICATION/ HOLD HARMLESS AGREEMENT INCONSIDERATION: OF BEING PERMITTED TO PRODUCE THIS SPECIAL EVENT OR ACTIITY OR USE OF ANY CITY PROPERTY ORI FACILITIES IN CONNECTION WITH THIS ACTMITY, THE UNDERSIGNED APPLICANT NDEWNTOR7AOREES TOTHE 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 attomey 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, ordinançes, rules and requirements including, but not limited to, not adm/tting 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 andt 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 TOTHE 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 orgenization/business 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. APPLICANT: uk Maspy ASB of Ephab AUTHORIZED AGEN/FOR Shol Ap PRINTI TNAME SIGNATURE OF 05/2021 DATE PLEg 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 121ALDER ST. SW EPHRATA, WA 98823 8 2021 Homecoming Bonfire Pep Rally Timeline October 20, 2021 5pm-Bonfire construction and set-up to be checked and approved by. J. Burns, Fire Chief 6pm- Student Cornhole Tournament, music playing in background, fries being served by Eric Davis* Food handlers card available for proof. * lamb Wesfon *SRds RHug waler 6:40pm- Bonfire Lit- Band plays, student section rallys and enjoys, speech by football 8:30pm- Rally finishes/ Fire is extinguished by brush truck provided by fire department. coach. Music, comhole, eating and outdoor socializing continues October 21, 2021 7:30 am Clean-up crew shows up to remove and dispose of cooled scraps. (Overnight wait recommended by Fire Chief) Map of grounds for bonfire. Green softball field, surrounding field area will be used for games. Pavement will be used for fry truck Parking will be available in the soccer parking lot. Gongle 2021 Homecoming Fireworks Timeline October 22, 2021 3pm- PyroSpectacular Set-up on JVI Baseball Field across from bus garage 7pm- Football Game Begins 8:20pm- Halftime show begins- royalty procession and dance team performs 8:30pm- Fireworks show begins 8:35pm- Fireworks show ends PyroSpectacular begins clean-up 8:40pm- Game resumes hActA HURL MLD 11 Rta lssue Date: 10/6/2021 Cert: 0000001783 UNITED SCHOOLS INSURANCE PROGRAM CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NOI RIGHTS UPON1 THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR/ ALTER THE COVERAGE AFFORDED BY1 THE MEMORANDUM OF COVERAGE (MOC) BELOW. THIS CERTIFICATE OF COVERAGE NOT CONSTTUTEACONTRACT BETWEEN THE ISSUINGI INSURER(S). AUTHORIZED! REPRESENTATIVE ORI PRODUCER, AND1 THE CERTIFICATE HOLDER. IMPORTANT: F1 THE CERTIFICATE HOLDERI IS AN ADDITIONAL COVERED PARTY, THE MOCI MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECTTO THE1 TERMS AND CONDITIONS OF1 THEA MOC, CERTAIN COVERAGE MAY REQUREAMEMDORSEMEN, ASTATEMENT ONT THIS CERTIFICATE DOESI NOT CONFER RIGHTS1 TO1 THE CERTIFICATE HOLDERI INLIEU OF SUCHI ENDORSEMENTS), PRODUCER Clear Risk Solutions 451 Dlamond Drive Ephrata, WAS 98823 Phone: (509)754-2027 Fax: (509)754-3408 COVERED MEMBER Ephrata School District #165 111- 4th Avenue NW Ephrata, WA 98823 COVERAGES COMPANIES AFFORDING COVERAGE GENERAL LIABILITY USIP! Munlchl Re etal. AUTOMOBLE LIABILITY USIP/Munich Re etal. PROPERTY USIP/Munich! Re etal. CRIME /PUBLIC EMPLOYEE DISHONESTY USIPI /Munlchl Re THIS IS1 TO CERTIFY THAT THE COVERAGES LISTED BELOWI HAVE BEEN ISSUED TO1 THE COVERED MEMBER NAMED ABOVE FOR1 THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE! MAYI BE ISSUED ORI MAY PERTAIN. THE COVERAGE AFFORDEDE BY THE MOCI DESCRIBEDI HEREINIS SUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCHMOC. LIMITS SHOWNI MAY HAVE BEEN REDUCEDI BYPAID CLAIMS. TYPE OF COVERAGE GENERALI LIABILITY OCCURRENCE FORM AUTOMOBILE LIABILITY ANY AUTO PROPERTY MOC NUMBER MOCI EFF MOC EXP DESCRIPTION UMITS $45,000,000 $25,000,000 $25,000,000 $25,000,000 $25,000,000 $1,000,000 DATE 9/1/2021 DATE COMMERCIAL GENERALI LIABILITY USIP212234937 9/1/2022 GENERALI AGGREGATE PRODUCTS-COMPOOPOCCSAGS $25,000,000 PERSONALGADV. INJURY EACHOCCURRENCE ANNUAL PROGRAM, AGGREGATE $100,000,000 $/1/2022 COMBINED SINGLELMIT ANNUAL PROGRAM: AGGREGATE NONE 9/1/2022 ALLI RISKI PER OCCE EXCLE EQAFL $100,000,000 EARTHQUAKE PER OCC FLOODI PER OCC (except FZ A&V, $25,000,000 whichi is $1MM) ANNUAL PROGRAMI AGGREGATE NONE (LIABILITY IS SUBJECT1 TOA AS $350,000 SIR PAYABLEF FROMF PROGRAMFUNDS) (LIABILITY IS SUBJECT TOA A$350,000 SIRI PAYABLE FROMF PROGRAMI FUNDS) USIP212234937 USIP212234937 9/1/2021 91/2021 (PROPERTYIS SUBJECT TOAS $350,000 SIRI PAYABLE FROMI PROGRAM FUNDS) (CRIME ISS SUBJECT TOA$350, 000 SIRE PAYABLEL FROMF PROGRAMF FUNDS) DESCRIPTION OF OPERATIONS LOCATIONS/VEMICLES/SPECIAL MEMS Evidence of Coverage, Regarding homecoming activities. CANCELLATION ACCORDANCE WITHTHE! MOCF PROVISIONS. CERTIFICATE HOLDER City ofE Ephrata 121 Alder Street SW Ephrata, WAS 98823 CRIME/PUBLIC EMPLOYEE DISHONESTY USIP212234937 8/1/2021 9/1/2022 PERLOSS SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELMVERED IN AUTHORIZED REPRESENTATIVE - Bude Page 1 City Council Report Parks and Recreation EPHRATA PARKS & RECREATION PAST ACTIVITY: I. - Parks Commission: October15,: 2021 a. September meeting No meeting held 2. Recreation/Community Programming: a. Planning fall programs and activities b. Secured gym space at St. Rose :. Provide administrative support for Department d. Lil"' Dribblers began e. Sam' 's Dance began a. Winterizing of parks 4. Public Relations/Tourism: 3. Parks: a. Attend Chamber of Commerce Board meeting b. Reviewed tourism expenses for reimbursement Accepting applications for Lodging tax funds 5. Special Events: a. EHS Bon Fire/Homecoming b. Veteran's Day parade 6. Recreation Supervisor: a. Developing fall programs and activities b. Assisting front counter utilities customers Monitoring on-going fall programs a. Closed and winterized for the season 7. Splash Zone: FUTURE GOALS/ACTMVITY: 1. Continuing administration ofc current and new programs 2. Continuing to work with and support various community groups 3. Develop new recreation programs and activities 4. Develop a park reservation system 5. Develop tree replacement program DATE: October 14, 2021 Department: City Clerk/Finance Past Activity Continue to support other departments and commissions Working with Mayor/Administrator on COVID-191 related issues Reviewed Proposals for Accounting Software and schedule on- Work on 2022 Budget and Ad' Valorum Tax Lease Agreement with Chamber of Commerce for office space Still waiting for documents to complete preliminary process for State Capital Budget Grants for Library and ERC projects Completed Renewal for 2021-2022 Insurance Coverage for CIAW Normal monthly duties Monthly Balancing of all financial transactions Prepare and submit monthly tax reports Monitor revenues/expenses oft the City Monitor Budget Attend all Council Meetings Initiate Legall Publications as required Provide and monitor requests for Public Records Monitor Records retention/destruction Address Human Resource issues Support staffi in their daily operations Support City Administrator Monthly Civil Service Commission meeting Attend LEOFFI Disability Board monthly meetings Complete evaluation of Accounting Software proposals Continue work on 2022 Budget Waiting for response from Department of Archaeology and Historical Preservation to complete preliminary process for State Capital Budget Grants for Library and) ERC projects Monthly duties as assigned site demo's Future Activity Budget Concerns Other Issues Monitoring closely Cover for employee vacations. Staffis preparing for dis-connection of delinquent utility accounts on October 215. Numerous letters and notices have been sent to delinquent account holders letting them know what resources are available. City of Ephrata Department of Planning and Building Permits Issue Sept. 2021 Issue Date Owner Permit Parcel Contractor Location Work Done Valuation Fee (less State Fee) 21-143 141118000 9/8/2021 Mark Novik Mark Novik 382 Strand SFR 21-199 140124758 9/3/2021 GoodBuilt Homes Good Built 912 6th NE SFR 21-201 140124766 9/3/2021 GoodBuilt Homes Good Built 9095th NE SFR 21-213 140927000 9/8/2021 Moore Furniture Moore Furniture 135 Basin SW Bathroom Ad $ 21-215 130634000 9/7/2021 Vivian Ramsey Basin Refrig. 367 Mocliff HVAC 21-216 130917008 9/1/2021 Rich Henson S&K Service 238DNE ReRoof 21-217 130178000 9/7/2021 Tina SanCartier Tina SanCartier 4137thSE MFH $ 240,000.00 $ 265,200.00 $ 265,200.00 12,000.00 $ 14,624.00 $ 5,600.00 $ $ $ $ 1,000.00 $ $ 400,000.00 $ $ 3,000.00 $ $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,000.00 $ 8,739.21 $ 16,000.00 $ 1,400.00 $ 1,000.00 $ 4,500.00 $ 1,000.00 $ 4,900.00 $ 3,500.00 $ $ 9,000.00 $ $ 1,261,163.21 $ 7655.26 6238.06 6238.06 409.8 70.05 59.30 59.30 6,520.28 12.10 12.10 38.30 39.00 12.10 70.05 59.30 39.00 2,360.30 REMOVE 21-218 131580000 9/7/2021 Denis Plew 21-219 140124777 9/20/2021 Alderbrook 21-220 130151000 9/8/2021 Yuritzi Mendoza Roofing 21-221 130982000 9/14/2021 Jordyn Albertson Albertson 21-222 130982000 9/14/2021 Jordyn Albertson Albertson 21-223 130982000 9/14/2021 Jordyn Albertson Albertson 21-226 140697017 9/20/2021 Ernest Holt Denis Plew 46LNE ReRoof Alderbrook 11075NE SFR Heavenly Jordyn Jordyn Jordyn Polhamus 4485thSE Fence 51GNE Fence 51GNE Sprinkler $ 51GNE sidewalk $ 36 Ridge HVAC 426 Basin 381 3rd Ave Surb & 400 Railroad connection $ 11067thNE Fence 1884 Basin sW 1884 Basin sW 54FSE DEMO 820Fairview HVAC Replace 21-224 130857000 9/17/2021 Jerry Gingrich Jerry Gincrich 138FSW Fence 21-227 140506000 9/21/2021 Rick Reimers Arrowhead sW 21-228 130254000 9/21/2021 Ramon Ramirez Ramon Ramirez SE 21-229 312598000 9/27/2021 A-1 Petroleum Tommer $ $ TPO ReRoof $ Sidewalk $ water 21-232 131465000 9/24/2021 Candace Erickson! Mills Const. 222GNE DEMO 21-236 140060000 9/29/2021 PanFilo Morales Brian Schoo 26BNE ReRoof $ $ $ $ $ $ Brian & Suhail Brian & Suhail 21-235 140124725 9/27/2021 Palacios 21-237 140157000 9/30/2021 ProAuto 21-238 140157000 9/30/2021 ProAuto 21-239 131122000 9/29/2021 irvin O'Neel Const. 21-240 131661001 9/30/2021 Dan Martell Heating Palacios ProAuto ProAuto Homesley Polhamus 12.10 59.30 162.63 70.05 70.05 30,266.49 Garage Door $ HVAC DATE: October 20, 2021 ITEM: Items for Council Consideration SUMMARY 1.3 3rd Quarter Financial Report 2. 2022 Draft Budget Update BUDGET IMPACTS 1. N/A 2. N/A If) you have any questions, concerns, or require additional information; please contact me prior t0 the meeting. MEMORANDUM To: From: Date: Re: Mayor Reim, City Council and City Administrator Warren Leslie Trachsler, Finance Director October 15,2021 Budget Report January thru September, 2021 TOTAL BUDGET OVERVIEW Revenues are 10% below! budget Expenses are: 25% below budget Compared to the same timet frame for 2020 2021 Revenues are 13% higher than 2020 2021 Expenses are 3% higher than 2020 GENERAL FUND OVERVIEW Revenues are 13% above budget Expenses are 9% below! budget Plan Act (ARPA) funding. Highlights: Cash balance has increased 56% from January 1, 2021. This is minus the American Rescue & Sales Tax: Continues to set new record highs. Year to date 3rd quarter collections are 27% higher than 2020 and 100% of budget. The 4+h quarter reçeipts willa all be' "gravy". Building Permits/Plan Review Fees: There have been 230 building permits issued to date, of that 29 have been for new single family residences. In the 3rd quarter alone there were 75 permits issued with 12! being for new single family residences. Currently, two of thet four new residential developments have been finalized. State Mandates: Recent legislation has imposed additional restictions.constraints on the operations of law enforcement and first responders. The biggest financial impact has been the requirement of body cams on alll law enforcement officers. UtilityTaxes: Collections are on target. PARKI FUND OVERVIEW: Revenues are 26% below budget- - the main revenue stream for Parks is Property Tax which is right on target. Expenses are 18% below budget Highlights: Recreation: The 3rd quarter was pretty quiet for recreational activities which is pretty typical. Community events consisted of the concerts in the park and the drive-in Splashzone: In light of being shut down last year, the 2021 pool season was successful. The extreme high temperatures helped to drive attendance up. Overall, revenues were 34% over budget and expenses were. 22% under. When comparing the actual revenues to expenses, the expenses were 73% higher than revenues, Basically what this means is that the pool operations were subsidized 73% which is movies. Fall activities are picking up. pretty closet tot the national average. & PaNFacivyManenane: Nor majori issues ori incidences. Projects: The Reroofing Project for the ERC began with the repair and repainting of the chimney. The roofing contractor is currently working on the remainder of the project. LIBRARY FUND OVERVIEW: Revenues are 21% below budget - the next large Property Tax payment will come in November. Expenses are right oni target Highlights: Projects: The City will be working with the NCW Library Board on a Facilities Improvement Plan. NCW willl bei investing dollars from the Strategic Initiatives Fund on direct facilityi improvements in every library across their 5-county area. STREET FUND OVERVIEW: Revenues are 24% below budget = the next large Property Tax payment will come in November. The County Shared Fuel Taxi is remitted in October as al lump sum payment Expenses are 5% below budget Highlights: Fuel Tax: At present, fuel taxi is 13% abovel budget. TRANSPORTATION BENEFIT DISTRICT (TBD) FUNDOVERVIEW: Revenues are: 22% abovel budget Expenses are 9% abovel budget Highlights: & Public Transportation Sales Tax: Continues to exceed expectation and is 27% higher than last year andi is currently 130% over budget. Construction Projects: Division Street has been completed and the majority of the grant 5th SE/ 6th SE/ Hilltop is completed and was financed 100% with TBD Tax reimbursement has been received dollars. WATER/SEWER FUND OVERVIEW: Revenues are 6% above! budget Expenses are 28% below budget Highlights: Delinquent Accounts: The Governor's proclamation 20-23.16, which suspended the assessment of late fees and disconnection of service for non-payment was lifted on September 30, 2021. Staff sent numerous notices to all delinquent account holders letting them know what resources are: available for assistance and that the City will be offering a payment plan option for those adversely affected by COVID-19 Pandemic. October 21st will bet thei first utility disconnections tot take placei in 181 months. Construction on the Sewer Collection System has been on-going for the past twelve weeks. Some paving/patching. work will take place depending on weather Engineers are still working onl bids specification fori the Treatment System. Preliminary engineering is still on-going for the placement of a new reservoir and new well. The City has received notification of award for a pre-construction loan Construction Projects: conditions and availability of asphalt. from the Public' Works Board. IN CONCLUSION: Financially, the Cityi is doing very well which speaks to the leadership of Council and the dedication of staff to be prudent with entrusted tax payer dollars. DATE: October 20, 2021 ITEM: Items for Council Action SUMMARY . Set Annual Leaf Pick-up November 15-24, 2021 2. Parkside Estates Phase 21 Major Plat Final Approval 3. ERCI Reroof Project - Accept Chimney Repair/Repaint 4. Lease Agreement with Ephrata Chamber of Commerce BUDGET IMPACTS 1. N/A 2. N/A 3. Release of Retainage 4. N/A Staff recommends acceptance and approval of all Items. Motion to. Authorize, Confirm, or Approve and Accept All Items. ENABLING ACTIONS Ifyou have any questions, concerns, or require additional. information; please contact me prior to the meeting. EgESEPRRAVA CITYOF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, City Manager Mike Warren OCTOBER: 20, 2021 Item for City Council Action To: From: Date: Proceeding Type: Subject: Annual Falll Leaf Pick-up( (15-24 November 2021) Legislative History: October 20, 2021 Council Approval First Presentation: Second Presentation: Requested Action: Staff Report Summary. Annual Fall Leaf Pick-up (15-24 November 2021). Discussion/Analysis This is our annual leaf pick up. We provide this service to our residents at no charge. Ita also provides a service to the city asi it clears leaves that our employees would likely have to contend with; blocking sewer drains and potentially contributing to flooding. Staff Recommendation Approve the Annual Fall Leaf Pick up. Financial Implications N/A Attachments A. Copy oft the noticed off funding: awardf fromt the Washington! State Department of Commerce. Legal Review The following documents are attached and subject to legal review: Pageiof2 Date Reviewedby Legal Counsel N/A Type of Document Title of Document Page 2of2 CITY OF EPHRATA CIYOF EPHRATA ANNUAL FALL LEAF PICK-UP 15-24 NOVEMBER 2021 This service is for City residents only. Crews from Consolidated Disposal will make passes through each section of town during the day. Crews may make passes in your neighborhood earlier in the week, in Leaves need to be bagged securely and placed on the curb, just off the street. ONLYLEAVES. No garden waste, garbage, or any other products. addition to the indicated day. Each bag may have to be opened by volunteers at a composting site. Garbage in the leaf The City Shop will be open, during business hours, until the 24th ofNovember for City bags will end this service. residents to drop off bagged leaves if you miss the free pick-up. DAY MONDAY 15NOV. SECTION NORTHEAST SECTION PICKUP TIME 7:30AM AFTER TUESDAY 16NOV. SOUTHEAST SECTION 730A AFTER AM WEDNESDAY 17NOV. THURSDAY 18NDV. GRANDVIEW 8 NORTHWEST 730A AFTER AM SOUTHWEST SECTION 7:3DAM AFTER THURSDAY 18NOV. ORCHARD VW. ES SWANSON 730AM AFTER WFINFSNAY MINNAY THIRSNAY TUESOAY THIIRSAAY THIIRSNAY MESEVWAV CITYOF EPHRATA STAFF REPORT Mayor and City Council, Mike Warren, City! Manager October 12, 2021 Item for Council Action To: From: Date: Proceeding Type: Subject: Daniel Leavitt, Community Development Director Final approval Parkside Estates Phase 2 Major Plat Legislative History: October 20, 2021 First Presentation: Requested. Action: Motion to approve the final plat Location of Proposal: The real property proposed for the final plat is located in portions of the northeast and southeast quarters of the southeast quarter of Section 15, Township 21 North, Range 26 East, WM, Grant County, Washington (Grant County Assessor's Parcel #13- Impact: The approval of the final plat will allow thet filing of the plat with the County Auditor, completing the division oft the property into 28 residential lots. The final plat conforms with the previously approved preliminary plat. The required plati improvements are complete. Staff ecommendation: Staffrecommends approval of Parkside Estates Phase 2 Major Plat. 0428-010). Attachments A. Parkside Estates Phase 21 Major Plat- 3 pages Pageiof1 N003224" (oRI3.MM.AAS aS. BSISAAI (ta)1S259 . (M)VEoT 3..9E.00S ()EC2S9 3S IIST (e y aIs bn PARKSIDE ESTATES PHASE 2 STE.2 260,V Columbia. NW Engineering, PS CNW> ENG engineering surveying planning 249N NorthE Elder Street, Moses Lake, WAS 96837 Ph: 500-766-1 1226 Fax 509-788-6754 FOR: PARKSIDEL LAND, LC CPLSI ILEN $ FEV s ES B S= Sts as e Bs oRr bbv7 3dis SEs Si Sex (SSs Sx su: EN a 5 PARKSIDE ESTATES PHASE2 FOR: PARKSIDEL LAND, LLC 1505NMILLER, STE 260,V WENATOHEE, WAS 98801- 3025 Columbia NW. Engineering, PS CNW ENG engineering - surveying - planning 249N NorthE Elders Street, MosesLake. WAO 98837 Ph:5 509-788-1226 Fax 509-766-8754 Gd G 9 PARKSIDE ESTATES PHASE 2 FOR: PARKSIDEL LAND, LLC 1505NMILLER, STE.2 260,V WENATCHEE, WA9 98801- 3025 Columbia. NW Engineering, PS CNW ENG engineering surveying - planning 249NorthE Elder Street, MosesL Lake, WAS 98837 Ph:5 509-766-1228 Fax 509-766-8754 FPERS CITYOF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, City Administrator Finance Drecorlracrse/Puldng Official Cox October 15, 2021 Council Action ERC Reroof and Repair Project Legislative History: 10-20-2021 N/A Council Accept To: From: Date: ProceedingType: Subject: First Presentation: Second Presentation: Requested Action: Staff Report Summary: Work on the ERC Reroof and Repair Project began in August. The chimney repair and repainting has been completed and passed inspection. Reroofing is in progress. Discussion/Analyss: Chimney repair began on August 18th. There were at few issues with the quality of the repair work resultingi int the contractor having to returni in order to pass inspection. The chimney repainting work was completed September 17th, which passed inspection. Reroofing began September 27th. While tearing the TPO membrane off the backside overhang last week, it was discovered that the decking and structural wood was rotten (see pictures attached). Staff is working with our architect, DOH, on evaluating the damage. This will most likely result in a negotiated change order to the contract to cover this unexpected Staff Recommendation: Council accept the Chimney Repair and Repainting portion of the damage and will delay completion of the project. project as complete. Page1of2 Financial Implications: Release of contract retainage to the two contractors once final releases have been received from the Department of Employment Security or provided Intent to Pay Prevailing Wages and Affidavit of Wages Paid. Attachments A. Pictures ofrotten decking on back overhang of the building. Legal Review The following documents are attached and: subject to legal review: Date Reviewedby LegalCounsel N/A Type of Document Titled of Document Page2of2 PHEA CITYOF EPHRATA STAFF REPORT Mayor and City Council Mike Warren, City Administrator Finance Director Trachsler October 14, 2021 Council Action To: From: Date: Proceeding Type: Subject: Lease Agreement with Ephrata Chamber of Commerce Legislative History: 10-20-2021 N/A Council Approval First Presentation: Second Presentation: Requested Action: Staff Report Summary: This Lease. Agreement between the City and the Chamber is for the use of the front office space at the ERC and establishes the fair market value of the lease and 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 Chamber of Commerce falls into that category. This agreement establishes the yearly fee that the leasehold excise taxi is Staff Recommendation: Council approve and authorize Administration to execute Lease considerations received from the Chamber. to! be calculated on. Agreement with Ephrata Chamber of Commerce. Financial Implications: N/A Attachments A. Lease Agreement Page 1of2 Legal Review Thei following documents are attached: and subject tol legal review: Date Reviewed by Legal Counsel 09/23/2021 Type of Document Title of Document Lease Agreement Page2of2 COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF EPHRATA AND EPHRATA CHAMBER OF COMMERCE, INCORPORATED THIS LEASE AGREEMENT is made and entered into this Ist day of September, 2021, by and the City of Ephrata, hereinafter referred to as "Lessor", and Ephrata Chamber of Commerce, Incorporated, hereinafter referred to as "Lessee". NOW THEREFORE, in consideration of the rental and the mutual benefits, terms, and 1. PREMISES. The Lessor does hereby agree to lease and does hereby lease, let and demise to Lessee, who agrees to accept this Lease and to perform the covenants set forth herein, the following-deseribed real property with the appurtenances thereunto belonging (hereinafter called the "Premises"), situate in the County of Grant, State of Washington, The northwest office within the Ephrata Recreation Center located at 112 SW Basin Street, Ephrata, Grant County, Washington further described as: Lots 20 to 25, Block 3 of the original Ephrata Plat, Ephrata, Grant County, covenants herein, the parties agree as follows: and legally described as follows: Washington. And as depicted on! Exhibit A, attached and incorporated herein. 2. TERM; RENEWAL OPTION. This Lease is for a term of five (5) years, commencing on the Ist day of September, 2021, and terminating on the 31st day of August, 2026, unless sooner terminated as hereinafter stated. Lessee shall be entitled to possession of the Premises during that term, provided that Lessee has complied with all the covenants and conditions in this Lease to be performed by Lessee. Provided that Lessee has not been in default of any material provision of this Agreement during the Term, and is not in default of any provision of the Agreement at the time of exercise, Lessee shall have the option to renew the Agreement for another five (5) year period under the same terms and conditions except for the rental fees, which shall be determined by the Lessor in its discretion. Lessee shall exercise the option to extend by providing Lessor with written 3. RENTAL. Lessee, in consideration of said Lease, covenants and agrees to provide open public access internet connection for the entire Ephrata Recreation Center and shall sponsor fifty percent (50%) of the band fee for all City Concerts in the Park events, not to exceed One Thousand, Eight Hundred Dollars ($1,800.00). The annual value of the rental notice at least sixty (60) days prior to the expiration of the initial Term. for purposes of calculation of the Leasehold Excise Tax shall be One Thousand, Eight 4. USE. Lessee shall use the Premises for office space. Lessee shall not use the Premises for illegal purposes. Lessee agrees that no stock of goods will be carried, or anything done in or about the Premises which will increase the present rate of insurance; provided, however, if Lessee shall engage in such business with the consent of Lessor, which 5. CONDITION OF PREMISES. Lessee is familiar with the demised Premises and has made its own independent inspection thereof, and assumes them in the condition they are in at the commencement of this Lease and neither Lessor nor its successors or agents 6. OPERATING COSTS. Lessor and Lessee shall be responsible for the operating of the Hundred Dollars ($1,800.00). business shall increase insurance rates, Lessee shall pay such increase. shall be held to any covenant respecting the condition of the Premises. Premises in accordance with the following table: Lessee Maintains/Pays Lessor Maintains/Pays X X X routine repairs and maintenance X X X X Operating Costs Maintenance of structural portions of the building, roof, exterior walls: Maintenance of grounds: Snow removal: Maintenance of interior: conditioning: Lessee shall provide Lessor shall provide service janitorial Maintenance of heating, ventilation, and air *Real estate taxes and assessments: Real property damage insurance: Liability insurance: X Utilities (electricity, water, sewer, garbage): *Subject to Lessee's liability for increases in said amounts as otherwise provided in this Lease. 7. UTILITIES. Lessor shall provide electricity, water, sewer, and garbage service. Lessee shall maintain wireless internet for the Premises and shall allow Lessor to use the same subject to reasonable notice. 8. TAXES. COMMERCIAL LEASE PAGE2OF11 8.1. Lessee agrees to pay all business expenses and taxes of every nature, including but not limited to any tax imposed on Lessee's leasehold estate, employee withholding taxes, business and license taxes, and any other tax of any nature levied by federal, state, or local municipal authority prior to any lien or levy proceeding, and whether or not the same may constitute a lien against the Premises. If Lessor should pay any delinquent taxes due to Lessee's default under this section, then the same shall be considered additional rent, and such amount shall be immediately paid by Lessee to 8.2. Lessee agrees to pay all personal property taxes assessed or levied against any personal property owned or maintained by Lessee on the Premises. 8.3. Lessee shall pay to Lessor upon the Commencement Date of this Lease and annually thereafter, all leasehold excise taxes payable on the monetary value of the Rental for the lease of the Premises at the rate established by the State of Washington from time to time ("Leasehold Excise Tax"). The Leasehold Excise Tax payable as of the Commencement Date of this Lease is 12.84% of the Rental; provided, however, that the amount of Leasehold Excise Tax will be no more than the amount of property tax as provided under RCW 82.29A.120. In the event that there is any change in the amount, manner or method in which Leasehold Excise Tax is determined or paid, Lessee shall pay the Leasehold Excise Tax, as SO Lessor upon written notice from Lessor. changed, revised, or recalculated. 9. INDEMNIFICATION AND INSURANCE. 9.1. Indemnification. Lessee shall defend, indemnify, and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. It is further specifically and expressly understood that the indemnification provided herein constitutes the Lessee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated and agreed to by the Lessee and Lessor. The provisions of this section shall survive the 9.2. Insurance. The Lessee shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. The Lessee's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Lessee to the coverage provided by such expiration or termination of this Lease. COMMERCIALLEASE PAGE30F11 insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. The Lessee shall obtain insurance of the types and coverage described 9.2.1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG0001 and shall cover premises and contractual liability. The Lessor shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG2011or a substitute endorsement providing at least as broad coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. below: 9.2.2. Property insurance shall be written on an all risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any insurance, self-insurance, or self-insured pool coverage maintained by the Lessor shall be excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. The Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Lessor shall purchase and maintain during the term of the Lease all-risk property insurance covering the Building for its full replaçement value without any coinsurance provisions. The Lessee shall provide the Lessor with written notice of any policy cancellation within two business days of their receipt of such notice. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease 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 Lessor on demand. If the Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this COMMERCIALLEASE PAGE40F11 Lease or whether any certificate of insurance furnished to the Lessor evidences limits of liability lower than those maintained by the Lessee. 10. SIGNS. Lessor agrees that Lessee may, at Lessee's own expense, affix signage and other advertising media on the building or sign structure located on the Premises, subject to the approval of governmental agencies. At the termination or sooner expiration of this Lease, all such signs, advertising matter, symbols, canopies, or awnings attached to or painted by Lessee shall be removed by Lessee at Lessee's own expense, and Lessee shall repair any damage or injury to the Premises, and correct any unsightly condition caused by the 11.LAWS; INSPECTION. Lessee agrees that it will conform to all ordinances and laws now in force or hereafter adopted governing and applicable to its use and occupancy of the Premises. Lessor reserves the right, and Lessee will allow Lessor or Lessor's agents to enter upon the Premises at all reasonable times for the purpose of inspection, to make repairs, or to ensure the enforcement of the terms of this Lease. Lessor shall also have the right to place and maintain "For Rent" signs in a conspicuous place on the Premises for 12. DESTRUCTION OR PARTIAL LOSS; CONDEMNATIONS. In the event of the destruction of the building on the Premises by fire or other casualty or in the event of condemnation by public authority, Lessor, at Lessor's option, may terminate this Lease upon thirty (30) days written notice to Lessee. In the event the building is damaged to an extent not exceeding twenty-four percent (24%) of the usable space therein, Lessor shall have the option of rebuilding or terminating the Lease; and if Lessor elects to rebuild, Lessor shall notify Lessee within thirty (30) days of the loss, and repairs shall be made in ap prudent and reasonable manner as soon as the same can reasonably be done. 13.ALTERATIONS; LIENS. Lessee agrees that Lessee shall permit no liens or encumbrances to be filed against the Premises for work, materials, or services of any kind, nor shall Lessee make any material alterations without Lessor's prior written consent, and all approved alterations, and repairs and improvements shall be at the 14.ACCIDENTS. All personal property located or used on the Premises shall be at the risk of Lessee. Lessor or Lessor's agents shall not be liable for any damage, either to person or property, sustained by Lessee or other, caused by any defects now in the Premises or hereafter occurring therein, or due to any building or other improvement located on the Premises, or any part or appurtenance thereof, becoming out of repair, or caused by fire or by the bursting or leaking of water, gas, sewer, or steam pipes, or from any act of neglect of employees, Co-Lessees or other occupants of said building or any other persons, including Lessor or Lessor's agents, except where caused by the intentional act, willful misconduct or negligence of Lessor or any of Lessor's employees or agents, or maintenance and removal of said signs or other items. ninety (90) days prior to the expiration of any term of this Lease. expense of Lessee, and shall become aj part of the Premises. COMMERCIALLEASE PAGESOF11 due to the happening of any accident from whatsoever caused in and about said IS.ASSIGNMENT; CONSENT REQUIRED. Lessee agrees that it shall not assign or sublet all or part of the Premises without the prior written consent of Lessor first being obtained; provided further, it is expressly understood that if consent is once given by Lessor for the assignment or sublease of this Lease, or any interest therein, that Lessor shall not be barred from afterwards refusing further assignment or sublease. 16. HEIRS AND ASSIGNS. It is agreed that the covenants, terms, and conditions hereof shall extend to and be binding upon the successors, heirs, executors, administrators, and 17.ACTS OF DEFAULT. The occurrence of any one or more of the following events shall improvements and Premises. assigns of the parties hereto. constitute a default and breach of this lease by Lessee: 17.1.The vacating or abandonment of the Premises by Lessee; 17.2. The failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this lease to be observed or performed by Lessee, other than described in subsection 18.2 above, where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. Notwithstanding the foregoing, in the event that Lessee shall on three (3) occasions be in breach of its herein contained covenant of timeliness with respect to an item or items therein set forth, and notwithstanding that Lessee shall have subsequently cured within the thirty (30) day period set forth above, upon the fourth and any subsequent breach of such covenant, Lessor shall be immediately entitled (with no thirty (30) day notice being given to 17.3. The making by Lessee of any general assignment or general arrangement for the 17.4. The filing by or against Lessee of a petition to have Lessee adjudged bankrupt ora petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within Lessee) to elect one of its remedies. benefit of creditors; sixty [60] days); COMMERCIAL LEASE PAGE60F11 17.5. The appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this lease where 17.6. The attachment, execution, or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this lease where seizure is possession is not restored to Lessee within thirty (30) days; or not discharged within thirty (30) days. 18. REMEDIES. If any one of the above acts of default shall occur then Lessor shall have any one of the following remedies at its election: 18.1.Lessor, without taking possession of or reletting the demised Premises, may seek strict performance of all of the covenants and obligations hereof as the same shall 18.2. Lessor may take possession of the demised Premises, through suit, and may relet the same for the entire remaining term of this lease or for any longer term. Lessor shall have the right of action, immediately or at any later time within the statute of limitations, for any difference between the aggregate of the unpaid sums then accrued and thereafter to accrue under the terms hereof, and the net amounts actually or presumptively to be realized (during the unexpired term of this lease) through such reletting, after deducting reasonable brokers' commissions, reasonable attorney fees, and any other reasonable expenses chargeable against Lessee. respectively accrue and shall proceed through a suit therefore; 19. REMOVAL OF PERSONAL PROPERTY AND FIXTURES. Lessee shall have the right to remove Lessee's personal property and trade fixtures at the end of the Lease term, provided Lessee is not in default of any of the provisions of this Lease, and provided that the removal of any fixtures does not materially damage or weaken the building structure or otherwise damage the Premises, and Lessee shall repair any damage caused by such 20. NOTICES. Any notice, demand, or communication to be given by either party to this Lease to the other party shall be in writing and transmitted by mail addressed to Lessee at PO Box 275, Ephrata, WA 98823 and to Lessor at 121 Alder Street SW, Ephrata, WA 21. RIGHTS PERSONAL; INVOLUNTARY ASSIGNMENT PROHIBITED. The rights granted to Lessee hereby are personal and shall not be subject to involuntary transfer by execution, bankruptcy, or operation of law, and if any such contingency occurs, Lessor may cancel this Lease at Lessor's option. It is hereby agreed that ifLessee becomes either insolvent or bankrupt, or if a receiver is appointed, that Lessor may cancel this Lease at Lessor's option, and in such event Lessee agrees that it shall peaceably surrender the removal. 98823. Premises to Lessor. COMMERCIALI LEASE PAGE70F11 22. SURRENDER AND CONDITION. Lessee agrees that at the expiration of the Lease term or upon termination, Lessee shall quit and surrender possession of the Premises forthwith, in as good condition as when leased, ordinary wear and tear, and damage by 23. HOLDING OVER. IfLessee, with the implied or express consent of Lessor, shall hold over after the expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month-to-month 24. ATTORNEY FEES; COSTS; VENUE. It is under stood and agreed that in the event it is necessary for either party to engage the services of an attorney to enforce any provision of this lease, the prevailing party in such action shall be entitled to reasonable attorney fees in any state or federal court, including attorney fees and costs on appeal, in addition to the statutory attorney fees, even though said suit results in the forfeiture of this lease. Venue for any such proceedings shall be in Grant County, Washington. Without limiting any other provision of this Lease, in the event that Lessor employs an attorney for the purpose of sending a notice to Lessee for the defauits or covenants violations of Lessee, then Lessee shall pay a reasonable attorney fee for the preparation and costs of delivery 25.STATUS OF PARTIES. This agreement is a lease which hereby creates a Lessor and 26. GOVERNING LAW. This lease shall be governed and construed and interpreted in 27. TERMS, GENDER & VERBS. It is agreed that for convenience the terms "Lessor" and "Lessee" and verbs and pronouns in the plural number are uniformly used herein regardless of gender, number of fact of incorporation. All covenants, agreements, and terms herein contained shall extend to and be binding on the heirs, executors, 28. CORPORATE AUTHORITY. Each individual executing this Lease on behalf of a corporation or other entity hereby represents and warrants that s/he is duly authorized to execute and deliver this Lease on behalf of said corporation or entity in accordance with a duly adopted resolution of the Board of Directors or similar authority of said corporation or entity, or in accordance with the bylaws of said corporation entity, and that this Lease 29. EXTENSION OF TIME. Any extension of time in payments or acceptance of part thereof, or failure of Lessor to enforce promptly any other breach of this Lease by Lessee fire and the elements only, excepted. and shall be for a monthly rate oft two hundred dollars ($200). of the said notice. Lessee relationship and no other. accordance with the laws of the State of Washington. administrators, successors, and assigns of the respective parties hereto. is binding upon said corporation or entity in accordance with its terms. COMMERCIAL LEASE PAGE8OF11 shall not be construed as a waiver on the part of Lessor of the strict performance of all of the covenants and conditions herein, and shall not prejudice any of Lessor's remedies. 30. ENTIRE AGREEMENT. It is expressly agreed that this is an integrated Lease and embodies the full, entire, and integrated agreement of the parties hereto and supersedes all prior negotiations and agreements and that there are no other representations or warranties, express or implied, concerning this Lease, except as specifically stated herein. All prior representations, conversations, or preliminary negotiations shall be deemed to 31. TIME OF ESSENCE. Time is of the essence of this Lease. No waiver of a breach of any covenant shall waive any such covenant or future breaches thereof, or to be deemed 32. PARTIAL INVALIDITY. If any term or provision of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced 33. COUNTERPARIS. This Lease may be executed by all parties on one copy in which case such copy shall constitute the original of the Lease, or this Lease may be executed in counterparts in which case each counterpart shall be deemed an original and all of the counterparts together shall constitute one and the same Lease. If this Lease is executed in counterparts, it shall be of the same force and effect as ifa all parties had signed one Lease. be merged in this Lease or tol be rejected. toimply or constitute a waiver of any other covenants. as written to the fullest extent permitted by law. EXECUTED as of the day and year first above written. LESSOR: City of Ephrata LESSEE: Ephrata Chamber of Commerce, Incorporated Bruce Reim, Mayor COMMERCIAL LEASE PAGE90F11 STATE OF WASHINGTON COUNTY OF GRANT On this SS. ) day of 2021, before me personally appeared Bruce Reim, to me known to be the Mayor of the City of Ephrata, the entity that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said entity, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said entity. GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written. Notary Public (Print Name) Notary in and for the state of Washington, residing at: My Commission Expires: (Signature) (Seal or Stamp) STATE OF WASHINGTON COUNTY OF GRANT On this Witte, to me known to be the ) ) SS. ) day of 2021, before me personally appeared Rita of the Ephrata Chamber of Commerce, Incorporated, the entity that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said entity, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said entity. GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written. Notary Public (Print Name) Notary in and for the state of residing at: My Commission Expires: (Signature) (Seal or Stamp) COMMERCIAL LEASE PAGE 100F11 EXHIBIT A