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03 12 2019 Agenda PacketCITY OF YELM Washington CITY COUNCIL AGENDA 3/12/2019 1. CALL TO ORDER/ROLL CALL 2. AGENDA APPROVAL 3. SPECIAL PRESENTATIONS a) February Student of the Month b) City of Yelm Police Officer of the Year c) City of Yelm Reserve Police Officer of the Year 4. PUBLIC COMMENT *Complete a blue speakers card 5. CONSENT AGENDA a) February 5, 2019 Study Session minutes & February 12, 2019 Regular meeting minutes b) Voucher Approval 2/1/2019 to 2/28/2019 $634,332.05 G. NEW BUSINESS a) Nisqually Jail Service Agreement Authorize Mayor JW Foster to sign the Nisqually Jail Service Agreement effective March 12, 2019 - December 31, 2023. b) Professional Services Agreement - Kennedy/Jenks Consulting Authorize a Professional Services Agreement with Kennedy/Jenks for completion of a water rights impairment and anti -degradation analysis 7. OLD BUSINESS a) None Scheduled S. UPDATES a) Departments — Michael Grayum, City Administrator b) Councilmembers c) Mayor JW Foster 9. EXECUTIVE SESSION a) None Scheduled 106 2nd ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider 10. ADJOURN Page 2 of 3 MEETING INFORMATION All regular Yelm City Council meetings are recorded. Meetings may be viewed at www.yelmwa.F-fov or a copy may be purchased by contacting the City Clerk's office at 360.458.8402. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you require reasonable accommodations to participate at a City Council meeting, please contact the City Clerk's office at 360.458.8402 at least four (4) working days prior to meeting. Information on the Americans with Disabilities Act and the Title VI Statement is available at www.yelmwa.gov/human-resources. *The public comment portion of the agenda is an opportunity for the public to address the Council for items that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment on matters listed on the published agenda are welcomed as part of the normal agenda. COMMITTEE AND LIAISON ASSIGNMENTS Mayor JW Foster Yelm Emergency Operations Board Vice -Chair of Thurston Regional Planning Council Board of Director for Risk Management Service Agency Member of Community Investment Partnership Board member South Sound Military and Community Partnership Councilmember FJ Curry Yelm Public Safety Committee Yelm Finance Committee Member of Solid Waste Advisory Committee Liaison to Yelm Senior Center Liaison to South East Thurston Fire Authority Councilmember Molly Carmody Yelm Planning & Economic Development Committee Yelm Finance Committee Board of Director for Intercity Transit Authority Liaison to Nisqually River Council Councilmember Cody Colt Yelm Planning & Economic Development Committee Yelm General Government Committee Yelm Public Works Committee Member of Thurston County Emergency Services Councilmember Tad Stillwell Yelm Public Safety Committee Yelm General Government Committee Board of Directors of Economic Development Council Yelm Emergency Operations Board Member of Law and Justice Council Councilmember Tracey Wood Yelm General Government Committee Yelm Public Works Committee Member of Transportation Policy Board Administrative Board of Director for TCOMM 911 Councilmember Joe DePinto Yelm Finance Committee Yelm Public Safety Committee Member of South Thurston Economic Development Initiative Councilmember Terry Kaminski Yelm Planning & Economic Development Committee Yelm Public Works Committee Member of Thurston Thrives Page 3 of 3 YELM CITY COUNCIL STUDY SESSION TUESDAY, FEBRUARY 5, 2019 6:00 P.M. PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 p.m. 2. Present: Councilmembers: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, and Terry Kaminski. Joe DePinto arrived at 6:06 p.m. Staff present: City Administrator Michael Grayum, Police Chief Todd Stancil, Court Administrator Sonia Ramirez, Public Works Director Chad Bedlington, and City Clerk & HR Manager Lori Mossman. 3. a. Presentation by the Pacific West Athletic Center Doug Martin, Chairman/CEO-PWAC and Dustin Ritchie, Vice Chairman-PWAC explained that the Pacific West Athletic Center is a proposed facility for providing athletic training, talent development, and performance diagnostics to athletes in the Pacific Northwest Region. They also shared why Thurston County and why Yelm would be a great location for this facility. 3. b. Jail Contract Update Todd Stancil, Chief of Police updated the Mayor and Council on the proposed changes to the new Jail Contract. The rates have increased slightly over a five-year period. An updated Jail Contract will come to Council later in February for their approval. 3. c. Continued Council discussion about utilization of the former City Hall Discussion ensued about the use of the old building including a Veteran's Hub and the Boys and Girls Club and/or a combination of both groups. The General Government Committee will put together a proposal for Council discussion on February 26, and approval at a future Council meeting. 3. d. Continued Council discussion about the 640 Acres zoned master plan community of which the property owner has 1 year to pay all principle, interest and penalties due to the LID to redeem the property Council discussed the 640 Acres and the financial responsibilities of the City of Yelm and the possibilities for that property. 4. Mayors Report Mayor Foster received a compliment from the Public Works Department has done c spell. The Yelm Police Department had League of Women Voters will hold a mee the history and usage of water in Yelm. Tf 2019 at the Yelm Community Center. Superintendent Brian Wharton on the great job that i keeping the roads safe for travel during this cold heir first Narcan save last Saturday morning. The ing on March 19, at the Yelm Community Center on ere will be a Yelm Prairie Days meeting February 13, 5. Council Initiatives Councilmember Tracey Wood voiced concerns about garbage in the empty lots behind Goodwill and the Dollar Tree. Councilmember Joe DePinto would like to maintain the Library services and believes they provide many good services to the community. The first Homelessness Task Force meeting went very well and the next meeting will be March 19, at City Hall at 5:30 pm. Councilmember Tad Stillwell agreed with Councilmember DePinto about the Library and would like to discuss their location. Councilmember Terry Kaminski received many emails regarding the Proposed Bio solids Site in Thurston County. Adjourn 7:45 p.m. Attest: JW Foster, Mayor Lori Mossman, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.yelmwa.gov. YELM CITY COUNCIL TUESDAY, FEBRUARY 12, 2019 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA Mayor Foster called the meeting to order at 6:00 p.m. Roll Call Present: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, Joe DePinto and Terry Kaminski. 2. Agenda Approval 19-012 MOTION BY MOLLY CARMODY TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY CODY COLT. 7-0, MOTION CARRIED. 3. Special Presentations Student of the Month - Cody Johnston, January 2019. Introduction of NEW City of Yelm Civil Review Engineer, Derek McCoy. 4. Public Comment Sandra Manwiller, Co-chair of Citizens for Support of Yelm Schools stated that tonight is the night to find out the preliminary results of the school bond and official results will be certified on February 22, 2019. Sandra also updated council on upcoming bills to decrease super majority passage. Ed Kenney spoke about the Fire Mountain Farms Biosolids land application site proposed near Yelm and urged council to speak out against it. Steve Slater, life member of the VFW encouraged council to support the VFW being able to use the old City Hall facility. Scott Bannister, Joseph Brumbles, Matt Howe, Mark Jensen, Matt Marshall and Tim Webb all spoke in support of the preservation of our second amendment rights and oppose Initiative 1639. 5. Consent Agenda a. January 22, 2019 Regular Meeting Minutes. 19-013 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA AS PRESENTED. SECONDED BY EJ CURRY. 7-0, MOTION CARRIED. 6. New Business a. Construction Award - Ft. Stevens Elementary Pedestrian Improvements Authorization to award Ft. Stevens Elementary Pedestrian Improvements bid and allow Mayor Foster to enter into a construction contract with Northwest Cascade, Inc. 19-014 MOTION BY TRACEY WOOD TO AUTHORIZE MAYOR JW FOSTER TO AWARD THE PROJECT TO AND SIGN THE CONSTRUCTION CONTRACT WITH NORTHWEST CASCADE, INC. OF PUYALLUP, WA IN THE NOT TO EXCEED AMOUNT OF $455,387.12. THIS AMOUNT IS NOT INCLUSIVE OF SALES TAX. SECONDED BY MOLLY CARMODY. 7-0 MOTION CARRIED. 7. Old Business - none scheduled 2-12-19 8. UPDATES — City Administrator Michael Grayum - • Appreciation to Public Works and Police Department staff for the tremendous job they did during the recent snow event. • Due to weather issues water shut -offs, regularly scheduled for Wednesday, February 13 have been rescheduled for Thursday, February 14th. Councilmember Curry attended the South East Thurston Fire Authority meeting and reported that they approved their review of the chief during an executive session and they had a 17 percent increase in calls due to the weather. Also, reporting that she spent time calling on the school bond. Councilmember Carmody attended the Economic Development meeting talked about the Downtown Corridor Project being reviewed by the City of Yelm Planning Commission for any changes and then will send it to council for action. Other topics discussed, water rights and the watershed mitigation plan. Intercity Transit General Manager reporting current transit service schedules due to inclement weather and congratulating Public Works on keeping the roads clean and clear. Councilmember Colt attended the Economic Development meeting. Reported that he is working with Michael Grayum on the Pacific West Athletic Complex. General Government Committee will be meeting next Tuesday to discuss old City Hall. Councilmember Stillwell attended the Thurston County Emergency Management Executive Seminar. Thanked Public Works for keeping the schools parking lots cleared. Councilmember Wood TCOMM meeting rescheduled and the Transportation Policy Board meeting cancelled. Councilmember DePinto attended the Thurston County Economic Development Council meeting for Councilmember Stillwell. Yelm Public Safety is coming up in the next couple of weeks and the Homelessness Task Force meeting is next week. AWC Action Days have been cancelled. Questioned who will be officiating the next council meeting with the Mayor and Mayor Pro Tem absent. City Clerk will call the meeting to order and will ask the council who will be running the meeting. Councilmember Kaminski attended Economic Development meeting. Yelm Public Works Committee meeting was cancelled and Thurston Thrives is rebooting for the New Year. Asked Chief Stancil if there were any requests from Yelm homeless to be taken to shelters. Chief Stancil reported that officers offered transport and bus tickets to homeless and no one accepted. Mayor Foster stated that there have been many organizations canceling meetings. The Mayor stated that he implemented two parts of our snow weather policy on Friday afternoon, allowing employees to leave early to get home safe. Monday, employees were informed they could use the snow weather policy to stay home and use their vacation time or comp time to stay safe. Thanks to Johnny Edwards, Tyler Harper and Eric Kolb for the tremendous job they did in keeping our streets clear. Integrated Emergency Management exercise will be held, bring back some long term considerations for the survival of the greater community. It's not just our Public Works crew and law enforcement that did a great job during the snow event but when an opportunity arises to serve our citizens even the City Administrator and Police Chief get involved. The Mayor received a call from a woman that was fearful of her neighborhoods condition and could not get 2-12-19 to her mailbox or her car. Before the Mayor could do anything the City Administrator and Police Chief had shovels in hand and cleared her driveway for her. Nicely done guys. 9. Executive Session - none scheduled 19-015 MOTION BY CODY COLT TO ADJOURN. SECONDED BY MOLLY CARMODY 7-0, MOTION CARRIED. 10. Adjourned at 7:15 p.m. Attest: JW Foster, Mayor Lori Mossman, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.yelmwa.gov. 2-12-19 VOUCHER APPROVAL FORM The following is a list of payments approved at Tuesday, March 12th council meeting: Mayor Payroll January Total Expense $ 415,968.70 A/P Checks, EFTS, & Drafts $ 200,897.25 Excise Tax -January paid in February $ 17,466.10 TOTAL $ 634,332.05 Timberland Bank Checks Issued 2/1/2019 through 2/28/2019: Check number 2862 through check number 2957. Council member Council member Council member Council member Council member Council member Council member CITY CLERK: ATTEST: The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for payment passed on a motion by at a regular council meeting held this 12th day of March 2019. City Of Yelm MCAG 9: Trans Date 766 02/05/2019 767 02/05/2019 768 02/05/2019 769 02/05/2019 770 02/05/2019 771 02/05/2019 772 02/05/2019 773 02/05/2019 774 02/05/2019 775 02/05/2019 776 02/05/2019 777 02/05/2019 778 02/05/2019 779 02/05/2019 780 02/05/2019 781 02/05/2019 782 02/05/2019 783 02/05/2019 784 02/05/2019 785 02/05/2019 786 02/05/2019 787 02/05/2019 788 02/05/2019 789 02/05/2019 790 02/05/2019 792 02/05/2019 793 02/05/2019 794 02/05/2019 795 02/05/2019 796 02/05/2019 797 02/05/2019 798 02/05/2019 799 02/05/2019 800 02/05/2019 801 02/05/2019 802 02/05/2019 803 02/05/2019 Type Acct # Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 Payroll 1 CHECK REGISTER 02/01/2019 To: 02/28/2019 Chk # Claimant EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT EFT Time: 09:12:18 Date: Page: Amount Memo 4,886.91 January's Hours 4,542.16 January's Hours 3,361.16 January's Hours 6,036.29 January's Hours 5,149.23 January's Hours 3,566.38 January's Hours 2,749.55 January's Hours 3,299.91 January's Hours 5,488.46 January's Hours 485.58 January's Hours 3,936.52 January's Hours 2,823.79 January's Hours 2,062.71 January's Hours 552.58 January's Hours 552.58 January's Hours 4,065.32 January's Hours 552.58 January's Hours 5,120.57 January's Hours 3,475.86 January's Hours 3,572.47 January's Hours 2,118.02 January's Hours 8,068.01 January's Hours 3,264.41 January's Hours 2,086.07 January's Hours 2,438.54 January's Hours 4,151.03 January's Hours 4,704.69 January's Hours 2,285.32 January's Hours 2,336.22 January's Hours 5,299.75 January's Hours 1,333.08 January's Hours 3,430.72 January's Hours 2,238.99 January's Hours 524.28 January's Hours 3,031.13 January's Hours 3,452.01 January's Hours 2,933.09 January's Hours 03/07/2019 1 CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 2 Trans Date Type Acct # Chk # Claimant Amount Memo APs Amount For 804 02/05/2019 Payroll 1 EFT 2,557.20 January's Hours 805 02/05/2019 Payroll 1 EFT 4,479.52 January's Hours 806 02/05/2019 Payroll 1 EFT 4,284.76 January's Hours 808 02/05/2019 Payroll 1 EFT 5,131.68 January's Hours 809 02/05/2019 Payroll 1 EFT 4,974.19 January's Hours 810 02/05/2019 Payroll 1 EFT 4,287.98 January's Hours 811 02/05/2019 Payroll 1 EFT 6,018.65 January's Hours 812 02/05/2019 Payroll 1 EFT 2,645.64 January's Hours 813 02/05/2019 Payroll 1 EFT 4,728.09 January's Hours 814 02/05/2019 Payroll 1 EFT 3,889.89 January's Hours 815 02/05/2019 Payroll 1 EFT 4,712.91 January's Hours 816 02/05/2019 Payroll 1 EFT 1,546.30 January's Hours 817 02/05/2019 Payroll 1 EFT 7,306.70 January's Hours 818 02/05/2019 Payroll 1 EFT 2,460.94 January's Hours 819 02/05/2019 Payroll 1 EFT 524.28 January's Hours 820 02/05/2019 Payroll 1 EFT 1,992.08 January's Hours 821 02/05/2019 Payroll 1 EFT 3,779.18 January's Hours 822 02/05/2019 Payroll 1 EFT 3,185.00 January's Hours 823 02/05/2019 Payroll 1 EFT 5,495.05 January's Hours 824 02/05/2019 Payroll 1 EFT 4,893.08 January's Hours 825 02/05/2019 Payroll 1 EFT 5,114.90 January's Hours 826 02/05/2019 Payroll 1 EFT 6,001.35 January's Hours 827 02/05/2019 Payroll 1 EFT 5,215.26 January's Hours 828 02/05/2019 Payroll 1 EFT 552.58 January's Hours 929 02/06/2019 Payroll 1 EFT TEAMSTERS 1,149.50 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Teamsters PW APs Amount For 314 1,149.50 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Teamsters PW 930 02/06/2019 Payroll 1 EFT YELM POLICE OFFICER'S 301.00 Pay Cycle(s) 02/05/2019 To GUILD 02/05/2019 - Police Guild Dues APs Amount For 316 301.00 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Police Guild Dues City Of Yelm MCAG 9: Trans Date Type 932 02/06/2019 Claims APs CHECK REGISTER 02/01/2019 To: 02/28/2019 Acct # Chk # Claimant 1 EFT AMAZON CAPITAL SERVICES, INC Amount For Time: 09:12:18 Date: 03/07/2019 Page: 3 Amount Memo 4,069.71 AMAZON - POLICE - 16JN-1RVF-CG6H; AMAZON - CDD - INVOICES - 1D7J-VDWK-3RW1 & 1 FMG-6MVY-FVTJ, 1 TPT-QVHM-9HGR, 19XJ-PTKW-YV3K, 1QCW-9LJ1-T31G 231 264.56 AMAZON - POLICE - 16JN-1RVF-CG6H 241 3,805.15 AMAZON - CDD - INVOICES - 1D7J-VDWK-3RW1 & 1FMG-6MVY-FVTJ, 1TI 933 02/06/2019 Claims 1 EFT COPIERS NORTHWEST 144.91 INVOICE - INVI895825 APs Amount For 271 144.91 934 02/06/2019 Claims 1 APs Amount 149 503.50 1014 02/08/2019 Claims 1 APs Amount 223 77.71 232 -24.39 325 65.20 1015 02/08/2019 Claims 1 APs Amount INVOICE - INVI895825 EFT SUMMIT LAW GROUP PLLC For SUMMIT LAW - 100503 EFT AMAZON CAPITAL SERVICES, INC For 503.50 SUMMIT LAW - 100503 118.52 AMAZON -EXECUTIVE - IYLM-3HTW-W3MD; AMAZON - PW - CREDIT MEMOS - 1JH7-KYVL-FTDC, 1Y13 -L WMT-DQV 1, IYLM-3HTW-CNNX/ INVOICE - 19XJ-PTKW-66RJ & 1TLX-MDLM-CHFG, 141R-GILR-JPMR, 1K9F-7WKP-PKX4; INVOICE - 1 AMAZON - EXECUTIVE - IYLM-3HTW-W3MD AMAZON - PW - CREDIT MEMOS - 1JH7-KYVL-FTDC, 1Y13-LWMT-DQV1, INVOICE - 1H4G-RTQF-RW6C EFT ANDREW KOLLAR 2,916.00 INVOICE - 2019 0204 For 280 2,916.00 INVOICE - 2019 0204 1016 02/08/2019 Claims 1 0 CINTAS CORP #461 APs Amount For 237 88.92 INVOICE - 4015706079 & 4016047247 244 70.83 INVOICE - 4015706108 304 70.83 INVOICE - 4016047243 1017 02/08/2019 Claims 1 0 OFFICE DEPOT, INC. 37564515 (ADM) APs Amount For 272 228.25 INVOICE - 265044239001 1018 02/08/2019 Claims 1 0 RAINIER CONNECT APs Amount For 230.58 INVOICE - 4015706079 & 4016047247; INVOICE - 4015706108; INVOICE - 4016047243 228.25 INVOICE - 265044239001 10.00 2019 0201 CHECK REGISTER City Of Yelm Amount 277 41.10 Time: 09:12:18 Date: 03/07/2019 MCAG 9: APs Amount 02/01/2019 To: 02/28/2019 Page: 4 Trans Date Type Acct # Chk # Claimant Amount Memo APs Amount For 262 10.00 2019 0201 1212 02/14/2019 Claims 1 EFT AMAZON CAPITAL 3,875.10 INVOICE - CDD - SERVICES, INC 1H4G-RTQF-QNYW & 1TLD-GRQ4-NV3L, 1 KG9-PPJJ-441 W, 1 VKD-CHN6-4YKF, 17C7-44X7-VLYP; INVOICE - 19V3-31LC-MDRL; INVOICE - 1 VKD-CHN6-F67G APs Amount For 322 3,497.16 INVOICE - CDD - 1H4G-RTQF-QNYW & 1TLD-GRQ4-NV3L, 1KG9-PPJJ-441V 351 188.44 INVOICE - 19V3-31LC-MDRL 353 189.50 INVOICE - 1VKD-CHN6-F67G 1213 02/14/2019 Claims 1 EFT CINTAS CORP #461 108.88 INVOICE - 4016405197; INVOICE - 4016405171 APs Amount For 356 38.05 INVOICE - 4016405197 361 70.83 INVOICE - 4016405171 1214 02/14/2019 Claims 1 EFT CONSOLIDATED 36.64 INVOICE - 2019 0211 COMMUNICATIONS APs Amount For 347 36.64 INVOICE - 2019 0211 1215 02/14/2019 Claims 1 EFT HAVIRCO, DANIEL JR. 2,000.00 INVOICE - HAVIRCO, DANIEL B. - 2019 0128 APs Amount For 220 2,000.00 INVOICE - HAVIRCO, DANIEL B. - 2019 0128 1216 02/14/2019 Claims 1 EFT LEMAY - PACIFIC DISPOSAL 310.26 INVOICES - 10942257 & 10942316; INVOICES - 10904766 & 10940769 APs Amount For 276 291.00 328 19.26 1217 02/14/2019 Claims 1 APs Amount 277 41.10 1218 02/14/2019 Claims 1 APs Amount 221 1,365.00 1219 02/14/2019 Claims 1 APs Amount 279 503.50 355 139.13 1220 02/14/2019 Claims 1 INVOICES - 10942257 & 10942316 INVOICES - 10904766 & 10940769 EFT LEMAY MOBILE SHREDDING For INVOICE - 4599195 EFT PAUL H. MEYER For INVOICE - 2019 0115 EFT PITNEY BOWES RENTAL For INVOICE - 2019 0204 INVOICE - 2019 013 EFT PUGET SOUND ENERGY 41.10 INVOICE -4599195 1,365.00 INVOICE - 2019 0115 642.63 INVOICE - 2019 0204; INVOICE - 2019 013 8,958.90 INVOICE - 2019 0208 (9590), 2019 0208 (5276) CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 5 Trans Date Type Acct # Chk # Claimant Amount Memo APs Amount For 340 8,958.90 INVOICE - 2019 0208 (9590), 2019 0208 (5276) 1221 02/14/2019 Claims 1 EFT SUPPLYWORKS 875.05 INVOICES - 467137147, 470256280,475335386 APs Amount For 247 875.05 INVOICES - 467137147, 470256280, 475335386 1235 02/20/2019 Payroll 1 EFT 3,878.70 February Draw 1236 02/20/2019 Payroll 1 EFT 923.50 February Draw 1237 02/20/2019 Payroll 1 EFT 1,258.77 February Draw 1238 02/20/2019 Payroll 1 EFT 1,639.67 February Draw 1239 02/20/2019 Payroll 1 EFT 92.35 February Draw 1240 02/20/2019 Payroll 1 EFT 527.40 February Draw 1241 02/20/2019 Payroll 1 EFT 460.95 February Draw 1242 02/20/2019 Payroll 1 EFT 1,023.40 February Draw 1243 02/20/2019 Payroll 1 EFT 1,481.32 February Draw 1244 02/20/2019 Payroll 1 EFT 851.56 February Draw 1246 02/20/2019 Payroll 1 EFT 1,172.96 February Draw 1247 02/20/2019 Payroll 1 EFT 1,543.16 February Draw 1248 02/20/2019 Payroll 1 EFT 1,253.31 February Draw 1249 02/20/2019 Payroll 1 EFT 872.70 February Draw 1250 02/20/2019 Payroll 1 EFT 1,031.43 February Draw 1251 02/20/2019 Payroll 1 EFT 1,108.20 February Draw 1252 02/20/2019 Payroll 1 EFT 669.86 February Draw 1253 02/20/2019 Payroll 1 EFT 650.68 February Draw 1254 02/20/2019 Payroll 1 EFT 1,280.45 February Draw 1255 02/20/2019 Payroll 1 EFT 460.95 February Draw 1256 02/20/2019 Payroll 1 EFT 1,394.94 February Draw 1257 02/20/2019 Payroll 1 EFT 1,321.44 February Draw 1258 02/20/2019 Payroll 1 EFT 1,232.31 February Draw 791 02/05/2019 Payroll 1 2862 4,228.79 January's Hours 807 02/05/2019 Payroll 1 2863 2,451.29 January's Hours 832 02/05/2019 Payroll 1 2864 4,708.69 January's Hours 920 02/06/2019 Payroll 1 2865 AFLAC 803.40 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Aflac Pre Tax; Pay Cycle(s) 02/05/2019 To 02/05/2019 - Aflac Post Tax APs Amount For 288 787.54 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Aflac Pre Tax 306 15.86 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Aflac Post Tax City Of Yelm MCAG 9: Trans Date Type 921 02/06/2019 Payroll CHECK REGISTER 02/01/2019 To: 02/28/2019 Acct # Chk # Claimant 1 2866 AWC Time: 09:12:18 Date: 03/07/2019 Page: 6 Amount Memo 82,041.96 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Medical Benefits; Pay Cycle(s) 02/05/2019 To 02/05/2019 - Supplemental Life APs Amount For 312 81,824.36 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Medical Benefits 313 217.60 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Supplemental Life 922 02/06/2019 Payroll 1 2867 DEPT OF RETIREMENT SVCS 72,287.68 Pay Cycle(s) 02/05/2019 To 02/05/2019 - PERS 3; Pay Cycle(s) 02/05/2019 To 02/05/2019 - LEOFF 2; Pay Cycle(s) 02/05/2019 To 02/05/2019 - Deferred Comp; Pay Cycle(s) 02/05/2019 To 02/05/2019 - PERS 1; APs Amount For 291 9,702.73 Pay Cycle(s) 02/05/2019 To 02/05/2019 - PERS 3 292 16,168.46 Pay Cycle(s) 02/05/2019 To 02/05/2019 - LEOFF 2 293 5,257.29 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Deferred Comp 307 879.73 Pay Cycle(s) 02/05/2019 To 02/05/2019 - PERS 1 308 40,279.47 Pay Cycle(s) 02/05/2019 To 02/05/2019 - PERS 2 923 02/06/2019 Payroll 1 2868 EMPLOYMENT SECURITY - Paying quarterly PFMLA 924 02/06/2019 Payroll 1 2869 MICHAEL G. MALAIER, 2,550.00 Pay Cycle(s) 02/05/2019 To TRUSTEE 02/05/2019 - Garnishments APs Amount For 299 2,550.00 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Garnishments 925 02/06/2019 Payroll 1 2870 NATIONAL FRATERNAL 987.00 Pay Cycle(s) 02/05/2019 To ORDER OF POLICE 02/05/2019 - FOP Police APs Amount For 298 987.00 Pay Cycle(s) 02/05/2019 To 02/05/2019 - FOP Police 926 02/06/2019 Payroll 1 2871 WACOPS 150.00 Pay Cycle(s) 02/05/2019 To 02/05/2019 - WACOPS APs Amount For 315 150.00 Pay Cycle(s) 02/05/2019 To 02/05/2019 - WACOPS 927 02/06/2019 Payroll 1 2872 WASH STATE COUNCIL OF 795.40 Pay Cycle(s) 02/05/2019 To COUNTY & CITY EMPL 02/05/2019 - AFSCME APs Amount For 319 795.40 Pay Cycle(s) 02/05/2019 To 02/05/2019 - AFSCME 928 02/06/2019 Payroll 1 2873 WESTERN STATES POLICE 922.80 Pay Cycle(s) 02/05/2019 To MEDICAL TRUST 02/05/2019 - Western States Police Trust APs Amount For 301 922.80 Pay Cycle(s) 02/05/2019 To 02/05/2019 - Western States Police Trust 989 02/08/2019 Claims 1 2874 ALARM CENTER 30.00 INVOICE - 1158453 APs Amount For 230 30.00 INVOICE - 1158453 CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 7 Trans Date Type Acct # Chk # Claimant Amount Memo APs Amount For 990 02/08/2019 Claims 1 2875 BILL'S TOWING/RECOVERY 215.22 INVOICES - 19-03177, 19-03159 APs Amount For 265 215.22 INVOICES - 19-03177, 19-03159 991 02/08/2019 Claims 1 2876 COAST CONTROLS & 8,318.70 INVOICE - 00052832 AUTOMATION, INC APs Amount For 236 8,318.70 INVOICE - 00052832 992 02/08/2019 Claims 1 2877 CRYSTAL SPRINGS 32.60 INVOICE - 14275350 020119 APs Amount For 270 32.60 INVOICE - 14275350 020119 993 02/08/2019 Claims 1 2878 DATABAR 130.33 INVOICE -239071 APs Amount For 242 130.33 INVOICE - 239071 994 02/08/2019 Claims 1 2879 DELL MARKETING LP 1,017.61 INVOICE - 10295879850 APs Amount For 269 1,017.61 INVOICE - 10295879850 995 02/08/2019 Claims 1 2880 DREAMTIME VISUAL 415.45 INVOICE - 1751 COMMUNICATIONS APs Amount For 239 415.45 INVOICE - 1751 996 02/08/2019 Claims 1 2881 EDWARDS, TONY 300.00 INVOICE - 2019 0129 APs Amount For 245 300.00 INVOICE - 2019 0129 997 02/08/2019 Claims 1 2882 FAY FULLER CONDO ASSOC. 1,969.76 INVOICE - 0000341 -IN APs Amount For 256 1,969.76 INVOICE - 0000341 -IN 998 02/08/2019 Claims 1 2883 LAFROMBOISE 658.40 INVOICE - 108026 COMMUNICATIONS, INC APs Amount For 222 658.40 INVOICE - 108026 999 02/08/2019 Claims 1 2884 ARISTOTLE F MCCLELLAND 141.28 INVOICE - 2019 0131 APs Amount For 243 141.28 INVOICE - 2019 0131 1000 02/08/2019 Claims 1 2885 MINUTEMAN PRESS 109.21 INVOICE - 37144 APs Amount For 263 109.21 INVOICE - 37144 City Of Yelm MCAG 9: Trans Date Type 1001 02/08/2019 Claims APs CHECK REGISTER 02/01/2019 To: 02/28/2019 Acct # Chk # Claimant 1 2886 MOUNTAIN LUMBER & HARDWARE Amount For 238 207.76 267 16.87 1002 02/08/2019 Claims 1 APs Amount 264 28,014.35 1003 02/08/2019 Claims 1 APs Amount 335 67.34 1004 02/08/2019 Claims 1 APs Amount 235 1,103.58 1005 02/08/2019 Claims 1 APs Amount 240 5,463.75 1006 02/08/2019 Claims 1 APs Amount 218 171.93 1007 02/08/2019 Claims 1 APs Amount Time: 09:12:18 Date: 03/07/2019 Page: 8 Amount Memo 224.63 INVOICES - 1901-071219 & 1901-071353 & 1901-072438, 1902-072676,1902-072737, 1902-074030; INVOICE - 1902-072729 INVOICES - 1901-071219 & 1901-071353 & 1901-072438, 1902-072676, 1902-07 INVOICE - 1902-072729 2887 OLYMPIA, CITY OF 28,014.35 INVOICE - 2019 3861/5021 For INVOICE - 2019 3861/5021 2888 QUILL CORPORATION 67.34 INVOICE - 4598282 For INVOICE - 4598282 2889 RAM ELECTRIC For INVOICE - 3712 2890 SCJ ALLIANCE For INVOICES - 55945, 55964, 55799 2891 SHI INTERNATIONAL CORP For INVOICE - B09399943 2892 SIRCHIE FINGER PRINT LABORATORIES For 1,103.58 INVOICE -3712 5,463.75 INVOICES -55945,55964, 55799 171.93 INVOICE - B09399943 551.12 INVOICE - 0382677 -IN & 0383996 -IN 229 551.12 INVOICE - 0382677 -IN & 0383996 -IN 1008 02/08/2019 Claims 1 2893 SUNBELT RENTALS, INC 1,940.95 INVOICE - 86316224-0001 APs Amount For 219 1,940.95 INVOICE - 86316224-0001 1009 02/08/2019 Claims 1 2894 THURSTON CO ECONOMIC 6,000.00 INVOICES 14105 & 14238 DEV. COUNCIL APs Amount For 217 6,000.00 INVOICES 14105 & 14238 1010 02/08/2019 Claims 1 2895 THURSTON CO EMERGENCY 235.00 INVOICE - 2019 0128 MGNMT APs Amount For 227 235.00 INVOICE - 2019 0128 1011 02/08/2019 Claims 1 2896 THURSTON CO SHERIFF'S 500.00 INVOICE - 2019 0128 OFFICE APs Amount For 228 500.00 INVOICE - 2019 0128 CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 9 Trans Date Type Acct # Chk # Claimant Amount Memo APs Amount For 1012 02/08/2019 Claims 1 2897 WATER MANAGEMENT LAB 250.00 INVOICE - 173453 INC APs Amount For 324 250.00 INVOICE - 173453 1013 02/08/2019 Claims 1 2898 YELM ADULT COMMUNITY 1,000.00 INVOICE - 2019 0201; CENTER APs Amount For 281 1,000.00 INVOICE - 2019 0201; 1155 02/14/2019 Claims 1 2899 ALL TRAFFIC SOLUTIONS 3,000.00 INVOICE - 2019 0207 APs Amount For 326 3,000.00 INVOICE - 2019 0207 1156 02/14/2019 Claims 1 2900 ANIMAL SERVICES 45.00 INVOICE - 2019 0204 APs Amount For 331 45.00 INVOICE - 2019 0204 1157 02/14/2019 Claims 1 2901 AUTOZONE 110.62 INVOICE -3731961319; INVOICE - 3731971085 APs Amount For 348 95.65 INVOICE - 3731961319 359 14.97 INVOICE - 3731971085 1158 02/14/2019 Claims 1 2902 AV CAPTURE ALL INC. 270.66 INVOICE - 1789 APs Amount For 352 270.66 INVOICE - 1789 1159 02/14/2019 Claims 1 2903 BID -LOW TREE & STUMP 1,087.00 INVOICE - 868363 LLC APs Amount For 250 1,087.00 INVOICE - 868363 1160 02/14/2019 Claims 1 2904 BRINCKEN SAFE & LOCK 15.00 INVOICE - 015167 - DIFFERENCE OF ORIGINAL INVOICE PAID ($1087.00) APs Amount For 287 15.00 INVOICE - 015167 - DIFFERENCE OF ORIGINAL INVOICE PAID ($1087.00) 1161 02/14/2019 Claims 1 2905 CAPITAL MEDICAL CENTER 694.00 INVOICE - 2019 0206 APs Amount For 327 694.00 INVOICE - 2019 0206 1162 02/14/2019 Claims 1 2906 CARSTAR PREMIER 1,293.91 INVOICE - 1231-1 COLLISION YELM APs Amount For 360 1,293.91 INVOICE - 1231-1 1163 02/14/2019 Claims 1 2907 CASCADE COLUMBIA 3,358.20 INVOICE - 741101 DISTRIBUTION CO. APs Amount For 251 3,358.20 INVOICE - 741101 CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 10 Trans Date Type Acct # Chk # Claimant Amount Memo APs Amount For 1164 02/14/2019 Claims 1 2908 CONSOLIDATED SUPPLY CO 7,914.42 INVOICE - S9009957.007; APs Amount For 274 7,914.42 INVOICE - S9009957.007; 1165 02/14/2019 Claims 1 2909 CRYSTAL SPRINGS 58.99 INVOICE - 18400177 020119 APs Amount For 338 58.99 INVOICE - 18400177 020119 1166 02/14/2019 Claims 1 2910 CUMMINS INC 966.40 INVOICES - 04-2502 & 04-2500 APs Amount For 337 966.40 INVOICES - 04-2502 & 04-2500 1167 02/14/2019 Claims 1 2911 DATABAR 4,363.97 INVOICE - 239027; INVOICE - 239162; INVOICE - 239242 APs Amount For 225 846.86 INVOICE - 239027 336 2,108.46 INVOICE - 239162 345 1,408.65 INVOICE - 239242 1168 02/14/2019 Claims 1 2912 DILLE LAW, PLLC 4,927.02 INVOICES - 1493, 1494,1495, 1496 APs Amount For 268 4,927.02 INVOICES - 1493, 1494,1495, 1496 1169 02/14/2019 Claims 1 2913 EPIC LAND SOLUTIONS, INC 1,947.91 INVOICE -0119-0733 APs Amount For 261 1,947.91 INVOICE - 0119-0733 1170 02/14/2019 Claims 1 2914 EVERGREEN RURAL WATER 275.00 INVOICE - 39804 APs Amount For 362 275.00 INVOICE - 39804 1171 02/14/2019 Claims 1 2915 GALLS, LLC 280.25 INVOICE -011883468 APs Amount For 346 280.25 INVOICE - 011883468 1172 02/14/2019 Claims 1 2916 CHRISTOPHER GARCIA 98.93 10-8800.0 - 14416 99TH WAY SE APs Amount For 259 98.93 10-8800.0 - 14416 99TH WAY SE 1173 02/14/2019 Claims 1 2917 HALF MOON SANITATION 351.00 INVOICES - 41081 & 41082 APs Amount For 248 351.00 INVOICES - 41081 & 41082 1174 02/14/2019 Claims 1 2918 HARPER, TYLER 35.30 2019 0201 APs Amount For 260 35.30 2019 0201 1175 02/14/2019 Claims 1 2919 HATCH, RANDY 296.72 INVOICE - 2019 0129 APs Amount For CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 11 Trans Date Type Acct # Chk # Claimant Amount Memo APs Amount For 246 296.72 INVOICE - 2019 0129 1176 02/14/2019 Claims 1 2920 HD FOWLER COMPANY 11,254.51 INVOICES - I5059929, 15055144,15055145, 15055244 APs Amount For 350 11,254.51 INVOICES - I5059929, I5055144, I5055145, I5055244 1177 02/14/2019 Claims 1 2921 J & I POWER EQUIPMENT, 63.31 INVOICE - 467777; INIVOICE - INC. 467484 APs Amount For 275 49.19 INVOICE - 467777 349 14.12 INIVOICE - 467484 1178 02/14/2019 Claims 1 2922 JERRY'S COLOR CENTER 54.76 INVOICE - 00059456 APs Amount For 368 54.76 INVOICE - 00059456 1179 02/14/2019 Claims 1 2923 MARGIE JEWELL 59.71 01-1520.0 - 310 MCKENZIE AVE SW APs Amount For 283 59.71 01-1520.0 - 310 MCKENZIE AVE SW 1180 02/14/2019 Claims 1 2924 K & L SUPPLY INC. 939.52 INVOICE - 42438 APs Amount For 357 939.52 INVOICE - 42438 1181 02/14/2019 Claims 1 2925 ANTHONY & SANDRA 64.00 04-8760.0 - 16705 GREENLEAF KREBS AVE SE APs Amount For 266 64.00 04-8760.0 - 16705 GREENLEAF AVE SE 1182 02/14/2019 Claims 1 2926 MOUNTAIN LUMBER & 451.00 INVOICES - 1901-071392 HARDWARE (CREDIT MEMO), 1901-071218,1901-071343, 1902-072691,1902-073549, 1811-053371,1811-044624, 1812-060113,1902-073826, 1902-073818,1902-074698 APs Amount For 255 451.00 INVOICES - 1901-071392 (CREDIT MEMO), 1901-071218,1901-071343,1902-0 1183 02/14/2019 Claims 1 2927 MOUNTAIN MIST 57.72 INVOICES - 002543541, 002543544 APs Amount For 341 57.72 INVOICES - 002543541, 002543544 1184 02/14/2019 Claims 1 2928 MPH INDUSTRIES 1,757.68 INVOICE - 588641 APs Amount For 329 1,757.68 INVOICE - 588641 CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 12 Trans Date Type Acct # Chk # Claimant Amount Memo 1185 02/14/2019 Claims 1 2929 O'REILLY AUTO PARTS 443.92 INVOICE - 3742-278982 & 3742-279530,3742-280553, 3742-280630,3742-281272; INVOICE - 3742-280627 APs Amount For 252 323.57 INVOICE - 3742-278982 & 3742-279530, 3742-280553, 3742-280630, 3742-28127 342 120.35 INVOICE - 3742-280627 1186 02/14/2019 Claims 1 2930 OLYMPIA OVERHEAD 1,884.86 INVOICE - 61826 DOORS APs Amount For 284 1,884.86 INVOICE - 61826 1187 02/14/2019 Claims 1 2931 OLYMPIC MOVING & 2,563.70 INVOICE - 73208 STORAGE, INC APs Amount For 278 2,563.70 INVOICE - 73208 1188 02/14/2019 Claims 1 2932 PACWEST MACHINERY LLC 1,903.30 INVOICE - 20328218 APs Amount For 254 1,903.30 INVOICE - 20328218 1189 02/14/2019 Claims 1 2933 REMAX COUNTRY 127.32 Refund Check Returned From Account 10412603, Re -issue APs Amount For 333 127.32 Refund Check Returned From Account 10412603, Re -issue 1190 02/14/2019 Claims 1 2934 SHI INTERNATIONAL CORP 1,419.62 INVOICES - B09430919 & B09426481 APs Amount For 273 1,419.62 INVOICES - B09430919 & B09426481 1191 02/14/2019 Claims 1 2935 SIRENNET.COM 563.07 INVOICE - 0236440 -IN APs Amount For 249 563.07 INVOICE - 0236440 -IN 1192 02/14/2019 Claims 1 2936 SNEVA LAW OFFICE, PLLC 250.00 INVOICE - 2019 0205 APs Amount For 303 250.00 INVOICE - 2019 0205 1193 02/14/2019 Claims 1 2937 SOLENIS 782.64 INVOICE - 131408109 APs Amount For 339 782.64 INVOICE - 131408109 1194 02/14/2019 Claims 1 2938 SUNBIRDS 2,398.17 PW BOOT REIMBURSMENT 2019; INVOICES - 105460, 105482,105548 APs Amount For 330 2,232.55 PW BOOT REIMBURSMENT 2019 332 165.62 INVOICES - 105460, 105482, 105548 1195 02/14/2019 Claims 1 2939 TAGS AWARDS & 472.63 INVOICE - 198737 SPECIALTIES APs Amount For 354 472.63 INVOICE - 198737 CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 13 Trans Date Type Acct # Chk # Claimant Amount Memo 1196 02/14/2019 Claims 1 2940 C/O J&M MGMT TAHOMA 250.00 YCC DAMAGE DEPOSIT TERRA HOA REFUND - 2019 0129 APs Amount For 323 250.00 YCC DAMAGE DEPOSIT REFUND - 2019 0129 1197 02/14/2019 Claims 1 2941 THURSTON CO PUBLIC 290.00 INVOICE - 2019 0201 HEALTH APs Amount For 286 290.00 INVOICE - 2019 0201 1198 02/14/2019 Claims 1 2942 THURSTON CO PW - 1,860.50 INVOICE - 18-119-133 ROAD/TRANSPORTATION APs Amount For 253 1,860.50 INVOICE - 18-119-133 1199 02/14/2019 Claims 1 2943 TYLER TECHNOLOGIES, INC 130.44 INVOICE - 025-248599 APs Amount For 224 130.44 INVOICE - 025-248599 1200 02/14/2019 Claims 1 2944 USA BLUEBOOK 29.12 INVOICE - 800278 APs Amount For 258 29.12 INVOICE - 800278 1201 02/14/2019 Claims 1 2945 UTILITIES UNDERGROUND 45.15 INVOICE - 9010247 APs Amount For 321 45.15 INVOICE - 9010247 1202 02/14/2019 Claims 1 2946 VERIZON WIRELESS 825.97 INVOICE - 9822666604 APs Amount For 233 825.97 INVOICE - 9822666604 1203 02/14/2019 Claims 1 2947 WA STATE AUDITOR 380.40 INVOICE - L129045 APs Amount For 226 380.40 INVOICE - L129045 1204 02/14/2019 Claims 1 2948 WA STATE DEPT OF 50.00 INVOICE - 2019 0205 ECOLOGY APs Amount For 282 50.00 INVOICE - 2019 0205 1205 02/14/2019 Claims 1 2949 WA STATE DEPT OF HEALTH 4,358.50 INVOICE - 99350 J APs Amount For 234 4,358.50 INVOICE - 99350 J 1206 02/14/2019 Claims 1 2950 WABO 95.00 INVOICE - WAB02019 APs Amount For 334 95.00 INVOICE - WAB02019 1207 02/14/2019 Claims 1 2951 WATER MANAGEMENT LAB 178.00 INVOICE - 173481; INC APs Amount For 358 178.00 INVOICE - 173481; CHECK REGISTER City Of Yelm Time: 09:12:18 Date: 03/07/2019 MCAG 9: 02/01/2019 To: 02/28/2019 Page: 14 Trans Date Type Acct # Chk # Claimant Amount Memo 1208 02/14/2019 Claims 1 2952 WAUNCH CONSTRUCTION & 28,945.58 INVOICE - WAUNCH TRUCKING, INC. REQUEST RELEASE OF RETAINED FUNDS FROM 2017 AC WATER MAIN REPLACEMENT PROJECT APs Amount For 367 28,945.58 INVOICE - WAUNCH REQUEST RELEASE OF RETAINED FUNDS FROM 201 1209 02/14/2019 Claims 1 2953 WILBUR-ELLIS COMPANY 4,596.74 INVOICE - 12382286 RI LLC APs Amount For 285 4,596.74 INVOICE - 12382286 RI 1210 02/14/2019 Claims 1 2954 YELM COMMUNITY 11,053.05 INVOICE - 1800002763; SCHOOLS INVOICE - 1800002782 APs Amount For 344 5,656.30 INVOICE - 1800002763 372 5,396.75 INVOICE - 1800002782 1211 02/14/2019 Claims 1 2955 YELM, CITY OF 3,417.82 YELM, CITY OF - WATER BILLS - 2019 0131 APs Amount For 257 3,417.82 YELM, CITY OF - WATER BILLS - 2019 0131 1245 02/20/2019 Payroll 1 2956 708.00 February Draw 1259 02/15/2019 Claims 1 2957 IVEY, JOHN 193.00 JOHN IVEY EXPENSE REPORT PER DIEM - 2019 0213 APs Amount For 371 193.00 JOHN IVEY EXPENSE REPORT PER DIEM - 2019 0213 511 LEGISLATIVE 4,200.00 512 JUDICIAL 20,039.05 513 EXECUTIVE 33,860.45 514 FINANCE & ADMINISTRATION 16,150.33 515 LEGAL 7,430.52 518 CENTRAL SERVICE 22,332.68 521 LAW ENFORCEMENT 201,448.03 523 DETENTION/CORRECTION 694.00 539 ANIMAL CONTROL 1,428.95 558 PLANNING/COMMUNITY DEV. 44,658.55 565 MENTAL & PHYSICAL HEALTH 1,000.00 572 LIBRARY SERVICES 1,969.76 575 CULTURE RECREATION 260.38 576 PARKS 35,115.65 580 NON -EXPENDITURES -52,102.06 594 CAPITAL EXPENSES 13.50 001 General Fund 338,499.79 542 ROAD/STREET MAINTENANCE 21,440.08 543 ROAD/STREET GEN. ADMIN. 98.30 101 Municipal Street Fund 21,538.38 594 CAPITAL EXPENSES 5,108.36 302 Municipal Building Fund 5,108.36 CHECK REGISTER City Of Yelm MCAG 9: 02/01/2019 To: 02/28/2019 Trans Date Type Acct # Chk # Claimant Time: 09:12:18 Date: Page: Amount Memo 03/07/2019 15 594 CAPITAL EXPENSES 1,947.91 316 Road & Street Construction 1,947.91 538 OTHER UTILITIES 14,281.86 400 Stormwater Utility Fund 14,281.86 340 CHARGES - GOODS/SERVICES 349.96 534 WATER UTILITIES 71,864.58 401 Municipal Water Utility Fund 72,214.54 594 CAPITAL EXPENSES 40,357.16 404 Water Capital Improvements 40,357.16 535 SEWER UTILITIES 118,097.18 412 Sewer Utility Fund 118,097.18 518 CENTRAL SERVICE 4,820.77 501 IT Equipment Rental & Repair 4,820.77 Claims: 200,897.25 * Transaction Has Mixed Revenue And Expense Accounts 616,865.95 Payroll: 415,968.70 0I THS �' �q iL YELM WARM�MO�DH To: Mayor JW Foster Yelm City Council City of Yelm STAFF REPORT From: Todd Stancil, Yelm Chief of Police Sonia Ramirez, Yelm Court Administrator Date: February 28, 2019 (for March 12th, 2019 City Council meeting) Subj: Nisqually Jail Service Agreement Recommendation Authorize Mayor JW Foster to sign the Nisqually Jail Service Agreement effective March 12, 2019 — December 31, 2023. Background The City of Yelm has had a service agreement in place with the Nisqually Jail for more than 15 years. This agreement allows the City of Yelm to secure misdemeanor offenders within the Nisqually Jail, a location that is convenient to the police department. The jail agreement with the Nisqually Jail has been beneficial in reduced jail bed costs for the city as well as significantly reduced drive time for the officers. Current The current contract will expire May 1, 2019. The new contract has been reviewed and provided by the Nisqually Tribe for your approval and has been developed by Yelm City Attorney Brent Dille with recommendations from Association Washington Cities. The new contract ensures City of Yelm Inmates receive appropriate care while incarcerated at the Nisqually Jail Facility. The daily bed rate will increase to $95.00 per day for 2019. The increased daily bed rate is associated to the increased medical services provided by the Nisqually Jail and a restructuring of their billing procedures. Annual adjustments to the daily rate will be determined based on the prior year average increase in the Seattle - Tacoma -Bellevue CPI -U (Consumer Price Index). The new contract will provide and remain at three (3) guaranteed beds per day through the term of the contract. NISOUALLY JAIL SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this ^Y5 day of , 2019, by and between the Nisqually Indian Reservation, a Federally Recognized Indian Tribe, linafter referred to as "Nisqually" and the City of Yelm, hereinafter referred to as "Yelm." This agreement is for the housing of inmates of Yelm in the Nisqually Detention and Corrections Center hereinafter referred to as "jail" pursuant to Chapters 39.34 and 70.48 RCW. THE PARTIES HEREBY AGREE as follows: SERVICE. Nisqually shall care for prisoners placed in the custody of officers of the Nisqually Jail and cooperate with the City to arrange for video hearings. The term "prisoner" shall include any person arrested, sentenced by the court or held under authority of any law or ordinance of Yelm; provided, that the Nisqually Police Chief or the Nisqually Corrections Director shall have the right to refuse to accept custody if in his opinion that would result in overcrowding of the jail, or health, safety or security risks. 2. CARE. "Care" shall mean to provide room and board; to provide for the prisoner's physical needs; to retain the prisoner in custody; and to supervise and maintain proper discipline and control. In addition, prisoners housed pursuant to this agreement shall be subject to the same rules and regulations required of other prisoners housed in the Nisqually jail. Such rules and regulations shall comport with Washington state law, and federal law regarding issues of civil rights and due process of prisoners. 3. DURATION OF CONTRACT. The term of this agreement shall be for five (5) years, beginning January 1, 2019. The agreement may be terminated without cause by either party by providing the other party with thirty (30) days written notice. Notice shall be deemed proper when provided to: Yelm: City of Yelm Michael Grayum, City Administrator 105 Yelm Ave W Yelm, WA 98597 Nisqually: Sharlaine Revey, Chief Executive Officer 4820 She-Nah-Num Dr. S.E. Olympia, WA 98513 4. RELEASE. Prisoners will only be released when they have served their full time unless release is authorized by any other provision of this agreement or is ordered by a court of competent jurisdiction. GUARANTEED MINIMUM BED SPACE. Nisqually guarantees that three beds per day shall be dedicated to Yelm for its prisoners. Jail Services Agreement '�& Between Nisqually and Yelm Page 1 Nisqually Yelm GUARANTEE TO PAY FOR MINIMUM BED SPACE. Yelm agrees to pay to Nisqually a rate of $95.00 per bed per day totaling $285.00 per day in exchange for Nisqually's guarantee of three (3) available beds per day. Any adjustments to the daily rate will be determined based on the prior year (12 -month average) increases in the Seattle -Tacoma -Bellevue CPI -U (Consumer Price Index) and calculated as more fully set forth in Exhibit B, attached hereto as though fully set forth herein. 6. RATE/PAVMENT. Yelm shall pay to Nisqually the amount of $285.00 per day for the three guaranteed beds, and $95.00 per day per prisoner for care for any and all prisoners beyond the guaranteed three -bed minimum. Unless as otherwise provided herein, Yelm shall not be chard a booking fee. A "day" is the twenty-four hour period beginning at 12:00 a.m. and ending at 11:59 p.m. in the Pacific Time Zone. For any prisoner booked into the Nisqually Jail for less than two (2) hours of custody time, Yelm shall only be charged a booking fee of $20, rather than the day rate. Nisqually will submit a monthly invoice to Yelm for the guaranteed minimum bed spaces as well as additional prisoners housed pursuant to this agreement. Yelm shall pay such invoices within 30 days of receipt. Interest at the rate of 12% per annum shall be charged on all past due accounts. Without prejudice to any other contract rights available to it, if Yelm does not pay the invoice with Sixty (60) days of receipt of invoice, Nisqually acting through its Police Chief, will not accept prisoners until the delinquent amount is paid in full. 7. MEDICAL CARE. Each party shall be responsible for the medical care and medical expenses of prisoners housed pursuant to this agreement as listed in Exhibit A, attached hereto and incorporated herein; provided that if the prisoner has his or her own medical coverage, Nisqually will coordinate with Yelm so that such insurance may be utilized. In the event that a prisoner requests non -urgent medical care, Nisqually shall contact Yelm for approval. Yelm shall provide Nisqually with the names and telephone numbers of designated contact people who shall be available on a twenty-four hour basis. Failure of Yelm to approve medical care shall relieve Nisqually of liability to Yelm for any injury resulting therefrom. In the event that Nisqually deems a prisoner to be in need of urgent or emergency care, Nisqually shall make the best efforts to contact Yelm, but may take any action it deems necessary to provide the prisoner with the needed care without obtaining prior approval. To the extent permitted by state law, Yelm shall protect, defend, hold harmless and indemnify Nisqually from and against all claims, suits and actions relating to the medical care of prisoners housed under this agreement which result from the failure of Yelm to approve such care or for any reason other than injuries and harm resulting from the negligent or intentional acts or omissions of Nisqually or its officers. 8. TRANSPORTATION. Yelm shall be solely responsible for furnishing transportation for prisoners housed pursuant to this agreement. Yelm may request that Nisqually provide necessary transportation and Nisqually shall make best efforts to provide such transportation, subject to staff availability. Yelm shall reimburse Nisqually for costs Jail Services Agreement 1 Z- BetweenNisqually and Yelm Page 2 Nisqually Yelm incurred for transportation. Such costs shall include mileage at the rate of $1.00 per mile, labor and overhead (.5 x labor). Nisqually shall not transport any prisoner without the express agreement of Yelm unless such transportation is required by a court order or because of a medical emergency. 9. CUSTODY TRANSFER. Officers of Yelm placing a prisoner in custody of Nisqually will be required to remain in the immediate presence of the prisoner at all times until relieved of custody by Nisqually Corrections Staff. Booking out and/or release of Yelm's prisoners shall be the responsibility of Yelm Officers. 10. CITY ACCESS TO PRISONERS. All Yelm police officers and investigators directed by the Yelm City Attorney shall have the right to interview the prisoner inside the confines of the Nisqually Jail subject only to necessary security rules. Interview rooms will be made available to Yelm police officers in equal priority with those of any other department, including the Nisqually law enforcement personnel. 11. RELEASE OF YELM PRISONERS FROM NISOUALLY. No Yelm Prisoner confined in the Nisqually Jail shall be removed therefrom except: a. When requested by Yelm Police Department in writing; b. By Order of the Yelm Municipal Court in those matters in which they have jurisdiction, or upon Order of the Thurston County District Court or the Thurston County Superior Court in those matters in which said courts have jurisdiction; C. For appearance in the court in which a Yelm prisoner is charged; d. In compliance with a writ of habeas corpus; e. For interviews by the Yelm prosecuting attorney, Yelm appointed public defender, or member of the Yelm Police Department; f. If the prisoner has served his sentence or the charge pending against said prisoner has been dismissed or bail or other recognizance has been posted as required by the courts. 12. INDEMNIFICATION. Yelm shall protect, defend, save harmless and indemnify Nisqually, its officers, agents and employees, from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Yelm in performance of this agreement. Nisqually shall protect, defend, save harmless and indemnify the City of Yelm, its officers, agents and employees from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Nisqually in performance of this agreement. 13. INSURANCE. Each party shall obtain and maintain occurrence based insurance that provides liability coverage in the minimum liability limits of three Million Dollars ($3,000,000.00) per occurrence and three Million Dollars ($3,000,000.00) in the aggregate for its conduct in creating liability exposure related to the confinement of inmates, including general liability, errors and omissions, auto liability and police Jail Services AgreementZ Between Nisqually and Yelm Page 3 Nisqually Yelm professional liability. The insurance policy(ies) shall provide coverage for any liability occurrence during the policy period, regardless of when any claim or law suit is filed. Further, Nisqually will name the City of Yelm, its officers and employees as Additional Insureds, and Yelm will name the Nisqually Indian Tribe, its officers and employees as Additional Insureds for any acts or omissions by the City of Yelm creating liability exposure in the performance of this agreement. 14.1 CERTIFICATE OF INSURANCE: Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. A copy of the certificate shall be provided annually and for the duration of this agreement. 14. CHOICE OF LAW. This Agreement shall be interpreted under the laws of the state of Washington. 15. DISPUTE It[,,SOLUTION. If either party disputes any portion of an invoice or alleges that the other party is in breach of this Agreement, they will provide the other party written notice within thirty days. The notice shall detail the amount in question and the grounds for withholding all or a portion of the amount billed or any other basis for the dispute. Authorized representatives of each party shall attempt to resolve the dispute by negotiation within thirty days of notification. If such negotiation is unsuccessful the parties shall apply to Judicial Arbitration and Mediation Service (JAMS) or such other alternate dispute resolution services as the parties may agree, for the appointment of an arbitrator whose decision shall be final and binding on the parties. Each party shall be responsible for paying one-half of the arbitrator's fees. The arbitrator shall have the power to award legal fees to the prevailing party. The arbitrator shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. Jail Services Agreement e— Between Nisqually and Yelm Page 4 Nisqually Yelm 16. LIMITED WAIVER OF IMMUNITY. Nisqually expressly and irrevocably waives any sovereign immunity it has from suit for causes of action with respect to the obligations evidenced by this Agreement and consents to be sued in the Washington state courts of general jurisdiction to enforce the terms of the Agreement, or to compel or enforce arbitration as described below. Nisqually agrees that it will not raise sovereign immunity as a defense in any legal action brought to enforce the terms of this Agreement. This waiver shall survive expiration or termination of this Agreement. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties, and may be changed only by an agreement in writing signed by the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement on this date, the day of , 2019. CITY OF YELM: J.W. Foster, Mayor Attest: Lori Mossman, City Clerk Approved as to legal form only: Yelm City Attorney NISQUALLY TRIBE: Shari ine Revey, Ahle ['Executive Officer Jail Services Agreement Between Nisqually and Yelm Page 5 Nisqually Yelm EXHIBIT A MEDICAL EXPENSES NISQUALLY TRIBE SHALL BE RESPONSIBLE FOR: - Initial Screening - Intake Screening - Nurse Sick Call - Physician Sick Call - Physical if housed longer than 14 days - Routine lab work that can be completed in the facility - Routine medications, other than biologicals / non -formulary medications - Mental health assessments and basic services that can be provided in facility CITY OF YELM SHALL BE RESPONSIBLE FOR: - Pre -booking - Urgent Care Facility Visits - Emergency Room Visits - Hospitalizations - Non -Formulary / Biological Medications - Ultra Sounds - Ambulance Services - Body Cavity Collection of Evidence / Searches - OBGYN Care / Prenatal Care - Vision - Mental Health Long Term Care - Auxiliary lab work and X -Rays - Dental - Lacey Fire Response - Other Specialty Services - All services provided outside the facility Jail Services Agreement Between Nisqually and Yelm Page 6 N isclually Yelm EXHIBIT B CPI CALCULATION On the first (1St) day of the anniversary of this agreement, the daily bed rate may adjust by the percentage increase in the Consumer Price Index over the immediately preceding twelve (12) months, as calculated using the Consumer Price Index for the then most current month for which the Consumer Price Index is available. As used herein, "Consumer Price Index" means the Consumer Price Index, for All Urban Consumers — Seattle — Tacoma — Bellevue, WA, All Items (based index year 1982-84 = 100), as published by the United States Department of Labor, Bureau of Labor Statistics. If the manner in which the Consumer Price Index is determined by the Bureau of Labor Statistics shall be substantially revised, including without limitation, a change in the base index year, an adjustment shall be made in such revised index which would produce results equivalent, as nearly as possible, to those which would have been obtained if the Consumer Price Index had not been so revised. If the Consumer Price Index shall become unavailable to the public because publication is discontinued, or otherwise, or if equivalent data is not readily available to enable the Nisqually to make the adjustment referred to in the preceding sentence, then the Nisqually will substitute therefor a comparable index based upon changes in the cost of living or purchasing power of the consumer dollar published by any other governmental agency or, if no such index shall be available, then a comparable index published by a major bank or other financial institution or by a university or a recognized financial publication. Jail Services Agreement Between Nisqually and Yelm Page 7 Nisqually Yelm To: Mayor J.W. Foster Yelm City Council ot feiL__ . EST. 1924 WASHINGTON "Proudly Serving Our Community" From: Chad Bedlington, Public Works Director Date: March 1, 2019 (for March 12, 2019 City Council Meeting) Subj: Professional Services Agreement - Kennedy/Jenks Consultants Water Rights Impairment and Anti -Degradation Analysis Recommendation Authorize Mayor J.W. Foster to sign a Professional Services Agreement with Kennedy/Jenks Consultants in the not to exceed amount of $ 247,659.00 for completion of the water rights impairment and anti -degradation analysis. Background In 1997, the City of Yelm (City) built their Water Reclamation Facility (WRF) which consists of a Sequencing Batch Reactor (SBR), sand filtration and chlorine disinfection to meet Class A standards. The WRF was originally builtto sewer the City when groundwater nitrate levels were presenting a health hazard to drinking water wells and to limit discharge to the Nisqually River and the Centralia Power Canal. The City has been producing Class A reclaimed water for over 20 years by serving irrigation customers and infiltrating water to mitigate water rights impacts to Yelm Creek. The WRF discharges under National Pollutant Discharge Elimination System (NPDES) permit #WA0040762 which requires removal of nitrogen to 10 milligrams per liter (mg/L) prior to distribution in the reclaimed water system. Starting approximately in 2010, the WRF was starting to struggle with meeting the total nitrogen limits and the City began planning upgrades needed for the WRF to meet the permits limits and future growth in approximately 2014. The Sewer Facilities Plan was adopted by the Washington State Department of Ecology (Ecology) in 2016. The City has completed Phase I of the upgrades identified in the plan and is proceeding to implement Phase II of the upgrades. Due to concerns about the recommended alternative for the Phase II upgrades from new City staff, the City submitted a Draft Facility Plan Amendment in 2018 to Ecology for review. In February 2018, Washington State passed the Reclaimed Water Rule (WAC 173-219). This new rule provides long-term regulations surrounding the generation, distribution, and use of reclaimed water. As part of Ecology's review of the Facility Plan amendment, it was noted that the City has not performed a water rights impairment and anti -degradation analysis as required by the new rule. The Facility Plan amendment approval will require completion of these items. Current Situation The City interviewed and reviewed qualifications of three (3) consultants and selected Kennedy/Jens Consulting for this project. Kennedy/Jenks Consultants, Inc. provided a scope of work and required fees for services needed to complete the water rights impairment and anti -degradation analysis as it relates to the City's reclaimed water system. On February 12, 2019, Kennedy/Jenks submitted a scope of work broken into the various tasks needing development for the work and produced a report documenting the findings for the Department of Ecology's approval. Staff recommends approval to authorize Mayor Foster to sign the attached Professional Services Agreement with Kennedy/Jenks Consultants in the not to exceed amount of $ 247,659.00 for completion of the water rights impairment and anti -degradation analysis. Page 2 of 2 EST. 1924 4 - WASHINGTON "Proudly Serving Our Community PROFESSIONAL SERVICES AGREEMENT FOR WATER RIGHTS IMPAIRMENT AND ANTI -DEGRADATION ANALYSIS This Professional Services Agreement ("Agreement") is made between the City of Yelm, a Washington municipal corporation ("City"), and Kennedy/Jenks Consultants, Inc., a corporation of the State of California and authorized to do business in the State of Washington ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: KENNEDY/JENKS CONSULTANTS, INC. CITY OF YELM Christopher Stoll Chad Bedlington 32001 32"d Ave S, Suite 100 106 2nd Street SE 253.835.6400 Yelm, WA 98597 206.652.4927 360.458.8412, phone chrisstoll@kennedyjenks.com 360.458.8417, fax chadb@yelmwa.gov The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than January 31, 2019 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. ("Standard of Care") The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Yelm business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing To: Mayor J.W. Foster Yelm City Council ot feiL__ . EST. 1924 WASHINGTON "Proudly Serving Our Community" From: Chad Bedlington, Public Works Director Date: March 1, 2019 (for March 12, 2019 City Council Meeting) Subj: Professional Services Agreement - Kennedy/Jenks Consultants Water Rights Impairment and Anti -Degradation Analysis Recommendation Authorize Mayor J.W. Foster to sign a Professional Services Agreement with Kennedy/Jenks Consultants in the not to exceed amount of $ 247,659.00 for completion of the water rights impairment and anti -degradation analysis. Background In 1997, the City of Yelm (City) built their Water Reclamation Facility (WRF) which consists of a Sequencing Batch Reactor (SBR), sand filtration and chlorine disinfection to meet Class A standards. The WRF was originally builtto sewer the City when groundwater nitrate levels were presenting a health hazard to drinking water wells and to limit discharge to the Nisqually River and the Centralia Power Canal. The City has been producing Class A reclaimed water for over 20 years by serving irrigation customers and infiltrating water to mitigate water rights impacts to Yelm Creek. The WRF discharges under National Pollutant Discharge Elimination System (NPDES) permit #WA0040762 which requires removal of nitrogen to 10 milligrams per liter (mg/L) prior to distribution in the reclaimed water system. Starting approximately in 2010, the WRF was starting to struggle with meeting the total nitrogen limits and the City began planning upgrades needed for the WRF to meet the permits limits and future growth in approximately 2014. The Sewer Facilities Plan was adopted by the Washington State Department of Ecology (Ecology) in 2016. The City has completed Phase I of the upgrades identified in the plan and is proceeding to implement Phase II of the upgrades. Due to concerns about the recommended alternative for the Phase II upgrades from new City staff, the City submitted a Draft Facility Plan Amendment in 2018 to Ecology for review. In February 2018, Washington State passed the Reclaimed Water Rule (WAC 173-219). This new rule provides long-term regulations surrounding the generation, distribution, and use of reclaimed water. As part of Ecology's review of the Facility Plan amendment, it was noted that the City has not performed a water rights impairment and anti -degradation analysis as required by the new rule. The Facility Plan amendment approval will require completion of these items. Current Situation The City interviewed and reviewed qualifications of three (3) consultants and selected Kennedy/Jens Consulting for this project. Kennedy/Jenks Consultants, Inc. provided a scope of work and required fees for services needed to complete the water rights impairment and anti -degradation analysis as it relates to the City's reclaimed water system. On February 12, 2019, Kennedy/Jenks submitted a scope of work broken into the various tasks needing development for the work and produced a report documenting the findings for the Department of Ecology's approval. Staff recommends approval to authorize Mayor Foster to sign the attached Professional Services Agreement with Kennedy/Jenks Consultants in the not to exceed amount of $ 247,659.00 for completion of the water rights impairment and anti -degradation analysis. Page 2 of 2 the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement upon ten (10) days written notice at its address set forth abouty if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Pam On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; to the extent caused by the negligent acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's negligence. 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub- contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2 No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: a. Insurance coverage required hereunder shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. b. Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (3 0) days prior written notice, ten (10) day's notice for non-payment of premium, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best rating of not less than ANII. 6.5 Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with confidential copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.6 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work except working notes and internal documents, shall belong to the City upon delivery but Contractor retains all intellectual property interests, including copyrights. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, upon the City's request, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. Upon payment in full by City, Contractor grants City a limited nontransferable license to use Contractor's work product for this project and any additional phases related thereto. Reuse of any Drawings, Specifications, or other work products of Contractor by City for extensions of this project or for any project other than the specific project covered in this Agreement, or modification and use by City of any documents connected with this Agreement, without the written permission of Contractor, which shall not be unreasonably withheld, shall be at City's risk; and City agrees to defend, indemnify, and hold harmless Contractor from all claims, damages and expenses including attorneys' fees arising out of such unauthorized reuse of Contractor's work product by City or by others acting through City. Contractor shall be entitled to a reproducible copy of all material furnished to City, the costs of which shall be compensated for under this Agreement. Any uncompleted work of Contractor delivered to City due to cancellation of all or portions of the work or contract termination which are utilized by City in any way shall have Contractor's name removed; and City agrees to defend, indemnify, and hold harmless Contractor from all claims, damages, and expenses including attorney's fees arising from any use of uncompleted work. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. The Contractor will exercise the Standard of Care with respect to timely performance of its Services under this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the Thurston County Superior Court, Thurston County, Washington, unless the parties agree in writing to an alternative process. If the Thurston County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in Thurston County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in Thurston County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF YELM ATTEST: City Attorney, Brent Dille KENNEDY/JENKS CONSULTANTS, INC. By: Printed Name: Title: Date: STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this Notary's signature Notary's printed name Notary Public in and for the State of Washington. day of , 20 My commission expires JW Foster, Mayor City Clerk, Lori Mossman DATE: APPROVED AS TO FORM: City Attorney, Brent Dille KENNEDY/JENKS CONSULTANTS, INC. By: Printed Name: Title: Date: STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this Notary's signature Notary's printed name Notary Public in and for the State of Washington. day of , 20 My commission expires EXHIBIT "A" SERVICES EXHIBIT A: SERVICES Project Title: Water Rights Impairment and Anti -Degradation Analysis Background In 1997, the City of Yelm (City) built their Water Reclamation Facility (WRF) which consists of a Sequencing Batch Reactor (SBR), sand filtration and chlorine disinfection to meet Class A standards. The WRF was originally built to sewer the City when groundwater nitrate levels were presenting a health hazard to drinking water wells and to limit discharge to the Nisqually River and the Centralia Power Canal. The City has been producing Class A reclaimed water for over 20 years by serving irrigation customers and infiltrating water to mitigate water rights impacts to Yelm Creek. The WRF discharges under National Pollutant Discharge Elimination System (NPDES) permit #WA0040762 which requires removal of nitrogen to 10 milligrams per liter (mg/L) prior to distribution in the reclaimed water system. Starting approximately in 2010, the WRF was starting to struggle with meeting the total nitrogen limits and the City began planning upgrades needed for the WRF to meet the permits limits and future growth in approximately 2014. The Sewer Facilities Plan was adopted by the Washington State Department of Ecology (Ecology) in 2016. The City has completed Phase I of the upgrades identified in the plan and is proceeding to implement Phase II of the upgrades. Due to concerns about the recommended alternative for the Phase II upgrades from new City staff, the City submitted a Facility Plan Amendment in 2018 to Ecology for review. In February 2018, Washington State passed the Reclaimed Water Rule (WAC 173-219). This new rule provides long-term regulations surrounding the generation, distribution, and use of reclaimed water. As part of Ecology's review of the Facility Plan amendment, it was noted that the City has not performed a water rights impairment and anti -degradation analysis as required by the new rule. The Facility Plan amendment approval will require completion of these items. The City has requested Kennedy/Jenks Consultants, Inc. (CONTRACTOR) provide the services needed to complete the water rights impairment and anti -degradation analysis as it relates to the City's reclaimed water system. The following scope of work is broken into the tasks shown below to develop the data for the work and produce a report documenting the findings for Ecology's approval. • Task 1 - Project Management and Quality Control/ Quality Assurance (QA/QC) • Task 2 - Hydraulic Analysis of Existing Wells at Cochrane Park • Task 3 - Develop Study Plan • Task 4 - Stakeholder Review of Study Plan • Task 5 - Install Monitoring Wells • Task 6 - Establish Groundwater Quality Background • Task 7 - Quantitative Water Rights Impairment Analysis • Task 8 - Anti -Degradation Analysis • Task 9 - Engineering Support • Task 10 - AKART Analysis • Task 11 - Hydrogeologic Report Preparation. F19030 (Revised) Page 1 of 11 EXHIBIT A: SERVICES Task 1 - Project Management and QA/QC CONTRACTOR is responsible for the management and coordination of the activities defined in this scope of work. CONTRACTOR Services: • Invoices will be prepared and submitted electronically monthly, accompanied by a status report consisting of a bullet list of completed and upcoming project activities. A project baseline schedule shall be developed in MS Project and reviewed and updated once after completion of the BODR over the course of the project. A project filing system shall also be established and maintained. • QA/QC reviews of major deliverables. City Responsibilities: Review invoices and status reports and provide comments in a timely manner (10 to 14 days). • Review project baseline schedule and updates and provide comments in a timely manner (10 to 14 days). Assumptions: The duration of this scope will be 14 months. Additional time beyond the assumed duration will require additional project management budget for the additional period beyond the agreed to period. The Washington State Reclaimed Water Rule became effective on February 23, 2018. This project is one of the first in the state to be considered under the new rule; therefore, not a lot of history or experience exists on Ecology's approach to implementing this rule. The City has been fully engaged in discussions with Ecology and helped craft the approach to this scope of work to be prepared for Ecology consideration. Ecology may request additional information or other additional effort not included in the scope of work at this time. In addition, this scope of work will rely upon using Ecology's groundwater flow model. CONTRACTOR is not responsible for errors or omissions of the Ecology groundwater model. Unless advised to the contrary, CONTRACTOR shall reasonably rely upon Ecology supplied information. Discovery during the performance of the agreement of unanticipated results or conclusions not contemplated by CONTRACTOR at the time of the execution of this agreement which materially affect CONTRACTOR's ability to perform its specified services or which would materially increase the cost to CONTRACTOR of such performance shall constitute a changed condition and both City and CONTRACTOR shall in good faith renegotiate the terms of this agreement to reflect fairly the impact of such changed conditions. Deliverables: Monthly invoices and status reports over the term of this work assignment. • Project schedule and updates in PDF format. F19030 (Revised) Page 2 of 11 EXHIBIT A: SERVICES Task 2 - Hydraulic Analysis of Existing Wells at Cochrane Park CONTRACTOR will analyze the existing water levels and quality data to determine whether the existing wells are upgradient from the monitoring wells. CONTRACTOR Services: • Review historical data (monitoring well installation report, site characterization report, etc.). • Contour last 2 years of elevation data (eight elevation contour maps). • Develop individual well hydrographs. • Prepare maps and cross sections. • Develop mounding analysis of current operations to evaluate whether it is reasonable to expect Well to be upgradient and representative of background water quality. o Acquire T data o Estimate vadose thickness at max month infiltration o Description of Cell #1 operations and/or nearest RIB operations o Simulate changes inflow upgradient of infiltration at distance Well 1 is upgradient of RIB. • Conduct a findings meeting with the City to review results and next steps. City Responsibilities: • Provide review and comments in a timely manner. Assumptions: • City will provide all available data for the analysis. No additional data is needed for the analysis. • Only monitoring wells #1 through 6 at Cochrane Park will be included in the analysis. • Work will be performed by Northwest Groundwater Services, LLC. Deliverables: • E-mail summary of findings prior to the review workshop with the City. Task 3 - Develop Study Plan CONTRACTOR will develop the Study Plan for the water rights impairment and anti - degradation analysis. CONTRACTOR Services: • Develop an outline for the study plan based on WAC 173-219. • Develop content for the study plan. F19030 (Revised) Page 3 of 11 EXHIBIT A: SERVICES • Describe representativeness of the monitoring network. • Describe how existing water quality data can support data quality objectives of the impairment analysis: o Data collected for permit compliance, under Ecology approved Quality Assurance Project Plan (QAPP) o Describe analyte list, methods, laboratory accreditation, MDLs, relevant criteria, etc. Describe why the City believes a non-standard study plan is appropriate: o Long-term historical operations o Excellent reclaimed water quality data (present data) o Significant volume of existing water quality data o Present historical groundwater quality data, including: ■ Pre -recharge (if possible) ■ Quarterly data (simple comparison of up, down, and source results) Submit Draft Study Plan to the City for review before execution of Task 4. City Responsibilities: 0 Provide review and comments in a timely manner. Assumptions: • Study plan will be 15 to 20 pages with appendices. Up to 10 figures and tables will be developed for the study plan. • City will provide necessary data including operations data (reclaimed water flows, reclaimed water quality, etc.), geographical information data (GIS), desired discharge and water rights mitigation flows, water quality sampling data and others as needed. • Description of why the current monitoring network is representative will be provided by Northwest Groundwater Services, LLC. Deliverables: • Draft of the Study Plan (electronic copy in PDF). • Final of the Study Plan (four hard copies and electronic copy in PDF). Task 4 - Stakeholder Review of Study Plan CONTRACTOR will coordinate with stakeholders to gather input and acceptance from Ecology on the study plan. F19030 (Revised) Page 4 of 11 EXHIBIT A: SERVICES CONTRACTOR Services: • Present this study plan to Ecology in a meeting format. • Review study plan with the watershed planning group stakeholders. • Respond to comments. City Responsibilities: • Provide input on comments in a timely manner. • Attend meeting with Ecology. Assumptions: • Plan will be accepted with minor modifications • The City will initiate contact with Ecology and the watershed planning group (Nisqually Indian Tribe, Lacey, Olympia, Thurston County) for review. Meeting with Ecology will take place in Olympia, Washington. Three consultants will be present, and the meeting is assumed to last 2 hours with 6 hours of preparation, travel and follow-up time. Review with the watershed planning group will include two telephone calls. Each telephone call will last 2 hours with three consultants attending with 4 hours of preparation and follow-up time. Deliverables: • Meeting agenda and notes (electronic copy in PDF). • Response letter to comments (electronic copy in PDF). Task 5 - Install Monitoring Wells CONTRACTOR will install monitoring wells to support the project. City will provide authorization if task is needed. CONTRACTOR Services: • If no existing well is usable for upgradient monitoring based on the findings in Task 2 then; o Assist City in obtaining easement at either the nearby fire station or school southwest of Cochrane Park. o Install one shallow observation well(s). • Install one shallow observation well for the point of compliance if needed based on Task 8. • Survey new well locations. F19030 (Revised) Page 5 of 11 EXHIBIT A: SERVICES City Responsibilities: • Provide authorization for Task to be executed. • Provide review and comments in a timely manner. Assumptions: Work will be performed by Northwest Groundwater Services, LLC. Subcontractor will perform the survey. • Two wells are included at $4,000 each. Deliverables: • Technical Memorandum summarizing well installation and well location map. Task 6 - Establish Groundwater Quality Background CONTRACTOR will establish the background groundwater quality baseline for use in the anti - degradation analysis in Task 8. City will provide authorization if task is needed. CONTRACTOR Services: • Database search for very= shallow wells upgradient of Cochrane. If found, the City will approach landowners to assess permission to sample. If permissible, review well construction and location with Ecology to gain concurrence on acceptance of this location as representative of background. Prepare groundwater monitoring plan portion of the QAPP and review with Ecology. Provide guidance to the City on sampling procedure and conduct sampling compliance visit during project duration. • Data analysis and discussion of groundwater gradient, flow direction, and analytical results. City Responsibilities: • Provide authorization for Task to be executed. • Provide review and comments in a timely manner. Assumptions: • Ecology will require a QAPP. • Sampling specified above is acceptable to Ecology. • Work will be performed by Northwest Groundwater Services, LLC. • City will provide historical data including water quality data from existing monitoring wells and WRF discharge water quality. • City will conduct sampling and analysis including: o Compliance with QAPP sampling and analysis procedures. o Analytes listed in Task 8. F19030 (Revised) Page 6 of 11 EXHIBIT A: SERVICES o Laboratory contract, bottle orders, prep bottles. o Purchase or rent sampling equipment, decontamination between wells, etc. o Purchase or rent YSI (or similar WQ field monitoring equipment). o Eight rounds of sampling. o Water level probe. o Deliver EDDs and water level elevations to CONTRACTOR and enter data into Ecology's EIM database. Deliverables: • QAPP (includes groundwater monitoring plan) • Technical Memorandum summarizing well information, well location map, groundwater gradient and flow direction, and laboratory analytical results. Task 7 - Quantitative Water Rights Impairment Analysis CONTRACTOR will provide a quantitative water rights impairment analysis to support the facility plan amendment as part of the Phase II Water Reclamation Facility Upgrades in regard to the Washington State Reclaimed Water Rule. CONTRACTOR Services: Use existing groundwater flow model from Ecology to simulate three water discharge change scenarios, involving some combination of: o Reduction in Flow to Yelm Creek o Increased infiltration at Cochrane o Infiltration at another location. City Responsibilities: • Provide review and comments in a timely manner. Assumptions: • Three conference calls will be held with two consultants present. Conference calls will be 2 hours each with 2 hours per consultant for preparation and follow-up. • Future flow from the WRF will be those contained un the 2016 Facilities Plan. • City will provide historical discharge quantities to each permitted outfall. • Work will be performed by Northwest Groundwater Services, LLC. Deliverables: • Technical Memorandum summarizing findings and implications related to WAC 173- 219. F19030 (Revised) Page 7 of 11 EXHIBIT A: SERVICES Task S - Anti -Degradation Analysis CONTRACTOR will perform the anti -degradation analysis to support the facility plan amendment as part of the Phase II Water Reclamation Facility Upgrades in regard to the Washington State Reclaimed Water Rule. Analysis will be based on data and analysis from Tasks 2 through 7. CONTRACTOR Services: • Establish point of compliance for analysis. • Assess dilution of constituents of concern from the WRF discharge. • Assess degradation of constituents of concern from the WRF discharge. • Discussion of appropriate discharge water quality in conjunction with Task 9 and 10 including existing groundwater quality limits established by the State of Washington. City Responsibilities: • Provide review and comments in a timely mariner. Assumptions: The anti -degradation analysis will be based on (1) inter -well statistical comparisons of multiple water quality parameters from upgradient and downgradient sampling locations, and (2) intra -well assessments of time series data from individual wells, including parametric and non -parametric trend analyses. Statistically significant evidence of groundwater quality impacts stemming from recharged water will be quantitatively assessed through solute balance calculations. Constituents of concerns are anticipated to be those in the following list. This list represents the constituents the City currently samples and analyzes in the monitoring wells at Cochrane Park under their NPDES permit and the needed constituents for the water right mitigation as supplied by the City and their other contractors. o Temperature o Dissolved Oxygen o pH o Conductivity o Total Dissolved Solids o Fecal Coliform o Nitrate o Nitrite o Total Kjeldahl Nitrogen o Ammonia o Chloride F19030 (Revised) Page 8 of 11 EXHIBIT A: SERVICES o Total Trihalomethanes o Metals o Cations ■ Calcium ■ Magnesium ■ Potassium ■ Sodium ■ Iron (total) ■ Manganese o Anions ■ Bicarbonate ■ Carbonate ■ Fluoride ■ Sulfate. • Evaluation will be based on desktop calculations and will not be performed in the groundwater model identified in Task 7. Deliverables: • Technical Memorandum summarizing findings and implications related to WAC 173- 219. Task 9 - Engineering Support CONTRACTOR will provide wastewater treatment process engineering support for Tasks 2 to 8. CONTRACTOR Services: • Review findings and data from Tasks 2 to S. • Coordination status update phone calls and workshop with the City to review results of Tasks 2 to S. • Provide comments and coordination with Ecology. City Responsibilities: • Provide review and comments in a timely manner. Assumptions: • Coordination will involve three meetings with Ecology with three consultants attending. Each meeting will be assumed to last 2 hours and 4 hours of preparation and travel time are allotted for each consultant. F19030 (Revised) Page 9 of 11 EXHIBIT A: SERVICES Six update telephone calls will be conducted with the City with three consultants attending. The telephone call is assumed to be 1 with 2 hours of preparation and follow- up time per consultant. One workshop will be conducted with the City with three consultants attending. Workshop is expected to last 2 hours with 4 hours of preparation and follow-up time per consultant. Deliverables: 0 None. Task 10 - AKART Analvsis CONTRACTOR will perform an AKART analysis if needed based on Tasks 7 and 8. City will provide authorization if task is needed. CONTRACTOR Services: • Develop possible treatment levels and treatment trains for varying degrees of effluent discharge quality. • Develop conceptual level design and order of magnitude costs estimates for treatment trains. Compare treatment effectiveness and cost estimates for the WRF in relation to the information from Tasks 7 and S. City Responsibilities: • Provide authorization for Task to be executed. • Provide review and comments in a timely manner. Assumptions: • The AKART analysis will only involve conceptual level design and cost estimating for five scenarios or treatment trains. Treatment train effectiveness will only be evaluated at a general and conceptual level. • The depth of analysis and number of treatment trains is limited by the task budget. Deliverables: 0 Technical Memorandum summarizing the AKART analysis as related to WAC 173-219. F19030 (Revised) Page 10 of 11 EXHIBIT A: SERVICES Task 11 - Hydrogeological Report Preparation CONTRACTOR will compile a hydrogeological report summarizing information from the above tasks and inclusion of water rights mitigation work performed by others. CONTRACTOR Services: • Compile findings, information, and documents from the above tasks into a single hydrogeologic report. • Incorporate water rights mitigation analysis into a standalone chapter. • Submit report to Ecology for review and comment. • Attend a meeting with Ecology to discuss comments on the report. • Respond to Ecology's comments. City Responsibilities: • Coordinate and provide content for water rights mitigation analysis. • Provide review and comments in a timely manner. Assumptions: • Water rights mitigation analysis will require minimal work for incorporation into the report. No technical writing or editing will be needed for incorporation and content will be capable of being standalone. • The meeting with Ecology to discuss comments will last 2 hours with three consultants attending and 6 hours for preparation, travel and follow-up time for the meeting. A comment response letter will be included with the Final Hydrogeologic Report submittal. Deliverables: • Draft Hydrogeologic Report (electronic copy in PDF to the City and Ecology). • Final Hydrogeologic Report (electronic copy in PDF to the City and Ecology, two hard copies each to the City and Ecology). F19030 (Revised) Page 11 of 11 EXHIBIT `B" COMPENSATION 10 EXHIBIT B: Compensation Kennedy/Jenks Consultants Client Name: City of Yelm Project Name: Water Rights Impairment and Anti -degradation Analysis Date: 2/18/2019 In return for the Services, the City shall pay the Contractor an amount not to exceed. Task 1- Project Management and QA/QC $35,037 Task 2 - Hydraulic Analysis of Existing Wells at Cochrane Park $12,810 Task 3 — Develop Study Plan $16,482 Task 4—Stakeholder Review of Study Plan $13,797 Task 5 - Install Monitoring Wells $19,425 Task 6 — Establish Groundwater Quality Background $40,740 Task 7 - Quantitative Water Rights Impairment Analysis $27,038 Task 8 — Anti -Degradation Analysis $16,402 Task 9 — Engineering Support $25,154 Task 10 - AKART Analysis $26,866 Task 11- Hydrogeologic Report Preparation $13,908 TOTAL $ 247,659 Compensation will follow the Schedule of Charges in Attachment A. Kennedy Jenks ATTACHMENT A: SCHEDULE OF CHARGES Client/Address: City of Yelm 105 Yelm Avenue W Yelm, WA 98597 Contract/Proposal Date: 18 February 2019 PERSONNEL COMPENSATION Classification Hourly Rate Engineer -Scientist -Specialist 1............................................................................ $130 Engineer -Scientist -Specialist 2............................................................................ $145 Engineer -Scientist -Specialist 3............................................................................ $155 Engineer -Scientist -Specialist 4............................................................................ $170 Engineer -Scientist -Specialist 5............................................................................ $190 Engineer -Scientist -Specialist 6............................................................................ $200 Engineer -Scientist -Specialist 7............................................................................ $210 Engineer -Scientist -Specialist 8............................................................................ $230 Engineer -Scientist -Specialist 9............................................................................ $250 CAD-Technician.................................................................................................. $100 Senior CAD-Technician....................................................................................... $120 CAD-Designer..................................................................................................... $135 SeniorCAD-Designer.......................................................................................... $150 Project Administrator........................................................................................... $120 Administrative Assistant........................................................................................ $90 Aide....................................................................................................................... $75 In addition to the above Hourly Rates, an Associated Project Cost charge of $5.00 per hour will be added to Personnel Compensation for costs supporting projects including telecommunications, software, information technology, internal photocopying, shipping, and other support activity costs related to the support of projects Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus five percent for items such as: a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Project specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates. If prevailing wage rates apply, the above billing rates will be adjusted as appropriate. Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Excise and gross receipts taxes, if any, will be added as a direct expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided and shall remain effective through December 31, 2020. EXHIBIT "C" INSURANCE 11 ACORO° CERTIFICATE OF LIABILITY INSURANCE l� 10/1/2019 DATE (MMIDDIYWY) 2/18/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONT NAMEACT 444 W. 47th Street, Suite 900 Kansas City MO 64112-1.906 (816) 960-9000 PHONE FAX Ext : A/C Na E-MAIL ADDRESS: COMMERCIAL GENERAL LIABILITY Y N INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 $ 1,000,000 INSURED KENNEDY/JENKS CONSULTANTS, INC. 1370657 303 SECOND STREET, SUITE 300 SOUTH INSURER B: Lexington Insurance Compwy 19437 INSURER C: INSURER D: SAN FRANCISCO CA 94107 INSURER E: $ 1,000,000 OOOOOO INSURER F: $ 5,000 COVERAGES CERTIFICATE NUMBER: 15897281 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y N GL05833581 10/1/2018 10/1/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 OOOOOO MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 FX JPRO- POLICY F7 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY N N BAP9326879 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ XXXXXXX X ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE Per accident $ XXXXXXX X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ X'X'X'X'xxx AGGREGATE $ X'X'X'X'xxx EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ XXXXXXX A WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N I A N WC9326878 10/1/2018 10/1/2019 X STATUTE EER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B PROFESSIONAL N N 026154151 10/1/2018 10/1/2019 $2,000,000 PER CLAIM LIABILITY $2,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CITY OF YELM IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRTBUTORY, AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 15897281 CITY OF YELM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 105 YELM AVENUE WEST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN YELM WA 98597 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRIESENTATIVF' ACORD 25 (2016/03) © 1988015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD YELM CITY COUNCIL TUESDAY, MARCH 12, 2019 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 p.m. Roll Call Present: E] Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, Joe DePinto and Terry Kaminski. 2. Agenda Approval 19-016 MOTION BY TRACEY WOOD TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY TAD STILLWELL. 7-0, MOTION CARRIED. 3. Special Presentations Student of the Month - Yitzi Guadalupe Apantipan Cirilo 2018 Officer of the Year - Chris Davis 2018 Reserve Officer of the Year - Joe Rivera 4. Public Comment Scott Bannister followed up with Council on 2nd Amendment issues and provided information to the Clerk for the Council. 5. Consent Agenda a. February 5, 2019 Study Session Minutes & February 12, 2019 Regular Meeting Minutes. 19-017 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA AS PRESENTED. SECONDED BY EJ CURRY. 7-0, MOTION CARRIED. 6. New Business a. Nisqually Jail Service Agreement 19-018 MOTION BY JOE DEPINTO AUTHORIZING MAYOR FOSTER TO SIGN THE NISQUALLY JAIL SERVICE AGREEMENT EFFECTIVE MARCH 12, 2019 - DECEMBER 31, 2023. SECONDED BY MOLLY CARMODY. 7-0, MOTION CARRIED. b. Professional Services Agreement - Kennedy/Jenks Consulting 19-019 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN THE PROFESSIONAL SERVICES AGREEMENT WITH KENNEDY/JENKS FOR COMPLETION OF A WATER RIGHTS IMPAIRMENT AND ANTI - DEGRADATION ANALYSIS. SECONDED BY EJ CURRY. 6-1 (CM DEPINTO), MOTION CARRIED. 7. Old Business - none scheduled 8. UPDATES - City Administrator Michael Grayum - . The Nisqually Watershed Planning Unit is complete. 3-12-19 • Court has signed a contract with NCourt so that they can take credit and debit payments for fines. • Toastmasters need 20 members to charter a new group. This group would meet during the lunch hour every week. Everyone is invited to attend. • State Audit is complete and Council will be receiving information on it very soon. • Bias Software is still being implemented and we are making internal Improvements to our processes. • Broke ground on the Fort Stevens Sidewalk Project. This project should be finished by May 1. • City staff is doing sidewalk ratings to prioritize where the next sidewalk repairs will be done. • Chat with the Chief is tomorrow at 1:00 at Mr. Doug's Restaurant. • Splash Pad Bid Awards will be coming before Council on March 26, 2018 along with a Professional Services Agreement for Cochrane Park and two different Resolutions for future use of the old City Hall building. Councilmember Curry attended the Dollars for Scholars Auction, the Yelm Community School Music Program and the South East Thurston Fire Authority meeting. Councllmember Carmody attended the Intercity Transit Authority meeting. Councilmember Colt attended the General Government Committee meeting and Dollars for Scholars Auction. Councllmember Stillwell attended the General Government Committee meeting and four days in Ocean Shores at the Integrated Emergency Management Courses training. Councilmember Wood attended the General Government Committee meeting. Councllmember DePinto has been having discussions with the Boys and Girls Club and the YMCA and met with some of the downtown business owners regarding parking and the Downtown Corridor Plan. Councilmember DePinto also did a ride along with Officer Atkins. Councilmember Kaminski attended Yelm Chamber Luncheon today and stated she was once in Toastmasters and it is life changing. Mayor Foster thanked Councilmembers for their continued dedication to their Committees and Liaison Assignments. Mayor Foster attended the Integrated Emergency Management Course In Ocean Shores and thanked Councllmember Stillwell and city staff for attending. Mayor Foster also attended the Thurston Regional Planning Council meeting, Dollars for Scholars Auction, a play at the High School, was a guest speaker at Ridgeline Middle School Government class and the Yelm Chamber Luncheon. All Councilmembers should have received an email with log -in information so they can attend free webinars for Elected Officials. The Exit interview with the State Auditor's Office recently took place and the report will be available soon. The next Study Session will be held at the New City Hall building located at 106 Second Street in the Council Chambers. 9. Executive Session - none scheduled 3-12-19 19-020 MOTION BY CODY COLT TO ADJOURN. SECONDED BY TRACEY WOOD. 7-0, MOTION CARRIED. 10. Adjourned at 7:05 p.m. Attest: A� JW oster, Ma or rorl Lucas, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.yelmwa.gov. 3-12-19