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03 26 2024 Yelm City Council Agenda Packet—- EST. 1924 WASHINGTON CITY COUNCIL AGENDA March 26, 2024 6:00 PM Yelm City Council meetings are held in-person at 106 2nd St SE Yelm, WA 98597 and virtually on Zoom. Registration is required to attend virtually-, please use the link below to register. httips://usO6web.zoom.us/webinarZregisterZWN gRnsH2PnSu69ho0fffu hPA 1. CALL TO ORDER/ROLL CALL 2. AGENDAAPPROVAL 3. SPECIAL PRESENTATIONS a) None Scheduled 4. PUBLIC COMMENT—COMPLETE A BLUE SPEAKER'S CARD OR RAISE HAND VIRTUALLY 5. CONSENTAGENDA a) March 5, 2024 Study Session Minutes and March 12, 2024 Regular Meeting Minutes b) Approval of Community Event: Movies in the Park 6. NEW BUSINESS a) City Council Position 4 Vacancy Appointment b) Amendment No. 2 to the Professional Services Agreement with BCRA for the Conceptual Design Modifications of the Yelm Education and Innovation Center Move to authorize Mayor Joe DePinto to approve Amendment No 2 to the Professional Services Agreement with BCRA for conceptual design modifications of the Yelm Education and Innovation Center in the not to exceed amount of $55,975.00 including Washington State sales tax. c) Interlocal Agreement between Yelm, Lacey, Olympia, Tumwater, and Thurston County for Housing Allocation Land Capacity Analysis Move to authorize Mayor DePinto to sign an Interlocal Agreement for Thurston Regional Planning Council to complete a housing land capacity analysis for all levels of housing affordability in the City of Yelm, as required by House Bill 1220. d) Interlocal Agreement between the City of Yelm and Thurston County, authorizing Yelm to complete permitting process on a property located partially in Thurston County Move to authorize Mayor DePinto to sign an interlocal agreement between the City of Yelm and Thurston County to allow Yelm to complete the review and permitting process for a property located partially within Thurston County. e) Ordinance No. 1113 106 2nd ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider Move to Approve Ordinance No. 1113 establishing a Franchise Agreement with Consolidated Communications of Washington Company, LLC 7. OLD BUSINESS a) None Scheduled 8. STANDING COUNCIL COMMITTEE REPORTS a) Public Safety Committee b) Public Services Committee c) Finance Committee 9. MAYOR/CITYADMINISTRATOR/STAFF REPORTS 10. COUNCILMEMBER REPORTS 11. EXECUTIVE SESSION a) None Scheduled 12. ADjoURN MEETING INFORMATION All regular Yelm City Council meetings are recorded. Meetings can be viewed at www.yelmwa. ov or a copy maybe purchased by contacting the City Clerk's office at 360.458.8816. 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 360.458.8816 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. Public Comment Guidelines: The City reserves up to five members of the public to address the Council at the beginning of regular business meetings on topics that are not on the agenda. Each speaker will be given 3 minutes and may be asked follow up questions by the Mayor or Council. Further public comment may be allowed on agenda topics as time permits. We ask that speakers use respectful language and remember they are speaking to fellow citizens of Yelm who are committed to listening and responding appropriately to citizens' concerns. Members of the public engaging in disruptive behavior may be removed or blocked from the meeting. Page 2 of 2 EST. 1924 WASHINGTON CITY COUNCIL STUDY SESSION MEETING MINUTES VIRTUAL AND IN PERSON TUESDAY, March 5, 2024 Call to Order: Mayor Pro -Tem Joshua Crossman called the meeting to order at 6:00 p.m. Roll Call: Tracey Wood, Joseph Richardson, Joshua Crossman, Brian Hess, Trevor Palmer, Terry Kaminski, and Joe DePinto. Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, and Public Services Director Cody Colt DISCUSSION ITEMS Clear Gov Budget Software — Finance Director Stephanie Dice gave a presentation on the benefits of purchasing Clear Gov budget software. She explained that the current software only provides limited budging tools and no longer meets our biennial budgeting needs. She stated that we don't need to replace the entire financial system but that we do need a better, more reliable budget tool. Yelm Loop Updates— City Engineer Pat Hughes gave updates on the Yelm Loop project and showed a WSDOT video that was posted on YouTube. The video shows the alignment of Yelm Loop Phase 2 with an overlay of what the road will look like. Education Innovation Center (EIC) Grant Updates — Public Services Director Cody Colt announced that the City has additional grant funds available to use and will be using the money for additional conceptual design and frontage improvements. 640 Acres RFP Update — City Administrator Todd Stancil reported that the Request For Proposals (RFP) from commercial real estate firms to provide consulting and brokerage services to support the future disposition and development of 640 acres property that the city owns has been completed. It will be advertised this week and proposals are due April 8th Mayor Report — Attended a meeting with Yelm Community School Superintendent Chris Woods regarding the school levy that did not pass. He reported that there have been three qualified applications received for the vacant Council position. COUNCIL INITIATIVES Tracey Wood — Asked what will be done with the railroad ties that were removed for the new portion of the trail. Trevor Palmer — Asked about the number of parking spaces required for apartment buildings, has received complaints that there is not a fence around Yelm City Park, asked why the City of Yelm pull tab tax rate is higher than the state rate and asked about a six foot wood fence located on Yelm Ave at a day care. Terry Kaminski — Asked about the status of the chain link fence at the Boys & Girls Club. ADJOURNMENT The meeting adjourned at 7:06 p.m. Joe DePinto, Mayor Kathy Linnemeyer, City Clerk FST. 1924 WASHINGTON CITY COUNCIL MEETING MINUTES VIRTUAL AND IN PERSON TUESDAY, March 12 2024 Call to Order: Mayor Joe DePinto called the meeting to order at 6:00 PM. Roll Call: Tracey Wood, Joseph Richardson (virtual), Joshua Crossman, Brian Hess, Trevor Palmer, Terry Kaminski, and Mayor Joe DePinto. Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, Finance Director Stephanie Nanavich and Public Services Director Cody Colt. APPROVAL OF THE Motion by Trevor Palmer to add, adding Sonia Ramirez, Court Administrator to the Timberland Bank Court account ending in 4984. Seconded by Brian Hess Motion carried 6-0 Motion by Brian Hess to approve the agenda as amended. Seconded by Trevor Palmer Motion carried 6-0 PUBLIC COMMENT: Harry Miller expressed appreciation for Mayor DePinto for his involvement with the Senior Center and thanked him for his support. CONSENT AGENDA: a) February 6, 2024 Study Session Minutes, February 13, 2024 and February 27, 2024 Regular Meeting Minutes b) ClearGov Budget Software Approve to Purchase for $25,125 c) Add Sonia Ramirez, Court Administrator to the Court Timberland Bank account ending in 4984. Motion by Brian Hess to approve the consent agenda. Seconded by Terry Kaminski Motion carried 6-0 NEW BUSINESS: Professional Services Agreement with SCJ Alliance for Design of the Prairie Line Trail Phase 2B Motion by Joshua Crossman to authorize Mayor Joe DePinto to sign the Professional Services Agreement with SCJ Alliance in the not to exceed amount of $352,815.47 for design services of the Prairie Line Trail Phase 2B. Seconded by Brian Hess Motion carried 6-0 City Council Applicant Interviews Applicants addressed Council to present their credentials and Councilmembers followed up with additional questions. The following applicants were interviewed: Griselda Arias, Stephanie Kangiser, Ryan Cruz, Robert Isom, and Roy Putra. STANDING COUNCIL COMMITTEE REPORTS: Finance Committee — Councilmember Kaminski reported that the Finance Committee met and discussed the purchase of ClearGov software. Councilmember Palmer reported that they also discussed the gambling tax and that the April meeting has been cancelled. Public Safety Committee — Councilmember Hess announced that the Public Safety Committee met and discussed the Flock camera system, hiring status of new officers and the status of Student Resource Officers (SRO) if the school levy fails. They also discussed jail services and public defender attorney needs. MAYOR/CITY ADMINISTRATOR/STAFF REPORTS: City Administrator — Gave updates on the Dog Park and Yelm City Park Stage, announced that the city will hold ALICE (Alert, Lockdown, Inform, Counter, Evacuate) training at City Hall and Public Services buildings, Public Services has hired two seasonal employees and that the Police Department has been very busy. Mayor DePinto —Attended the Economic Development Council (EDC) meeting, met with Yelm Community Schools Superintendent, attended the Dollars for Scholars fundraiser and announced that the end of the legislative session is near. COUNCILMEMBER REPORTS: Councilmember Wood —Attended the TCOMM 911 meeting and will attend the Transportation Policy Board tomorrow. Councilmember Richardson — Stated that there were five good applicants and only one vacancy, he thanked the applicants and encouraged them to keep applying. Councilmember Crossman — Attended the South Thurston Economic Development Initiative (STEDI) meeting and the Beautification Grant committee meeting. Councilmember Hess —Attended the Intercity Transit meeting. Councilmember Palmer—Attended the Solid Waste Advisory meeting. Council member Kaminski —Attended the Finance Committee meeting, Dollars for Scholars fundraiser, Chamber of Commerce meeting and will attend the Arts Commission meeting tomorrow. ADJOURNMENT: Motion by Josh Crossman to adjourn the meeting at 7:15 PM. Seconded by Trevor Palmer Motion carried 6-0 Joe DePinto, Mayor Kathy Linnemeyer, City Clerk EST. 1924 WASHINGTON Meeting Date: March 12, 2024 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: APPROVAL OF MOVIES IN THE PARK KEY FACTS AND INFORMATION SUMMARY: • Received Facilities Usage Request on February 27, 2024 • Reviewed by Event Review Committee on March 5, 2024 • No notable issues • Event Review Committee recommends City Council approve this community -wide event Respectfully Submitted: Line Roy Communication & Recreation Coordinator 1 First Name C, V-k�k A Last Name Signature ��d ?7L17� Date I� Name of Organization ■ Registered nonprofit? �S Name of Event m6ve5 ;n ; TC1r �-)00?j Organization Address City State yid Official Point of Contact Name(a'� Phone Date � � lx, �1b Event Start - /90A �/)IeEgsc4riptlon of Event Zip (M Last Name t�eA-er e� Email AU, cr-ev4c(-', C&�A ,C 0,1 Event Finish Total Hours 0: 30 /OYYI &-5 e4o�L- Estimated number of attendees/participants: -,qdU Estimated number of attendees/participants traveling over 50 miles: .6:1' Will you be charging admission to your event? do Is your event open to the general public? )Y L Are you using this event as a fundraiser? `rte Will goods, services, food, and beverages be sold? *See Yelm Municipal Code for appropriate licensing Will Event involve alcohol? VO If yes, will alcohol be ® Served at no charge o��. ® Available for purchase Will event involve food? -Nf�j qb i(avicd an • Is the event being professionally catered? iO • Is food being prepared or served onsite by applicant or non-professional group? • Is the rented facility's kitchen going to be used? Will you have music or amplified sound? Please indicate any and all equipment you intend on bringing or having at this event: • Stage°i^ • BBQs 1 • Bounce Houses or dunk tank Ka • Beer Garden NO • Tents, including pop up canopies �- ,, ry GP, • Other What would you like to request? • Park only • Park Space PLUS Community Center & Community Center Parking Lot • Park Space PLUS Community Center & Community Center Parking Lot and Designated Street Closure • Stage only Estimated Total Due to Reserve Calendar Date: Please see rental rate sheets for pricing ' - (MovI -Ypu� Name on Deposit Refarid Check Check Contact # or Emailns,v? Check Delivery • Mail ■ Pickup How many barricades will you need? Beer gardens must use City of Yelm Barricades IAL Hold Harmless/Indemnification/Liability Release (On Application Page) The User agrees that it will provide chaperones, over the age of 18, for all youth activities that User will be sponsoring on or about the premises of the facility. The User further agrees that the City is not engaged in, nor has the City assumed any responsibility for supervision of any kind over any of the User's activities conducted on or about the premises of the facility. Ql- Initial The User agrees that the City is not responsible for, and has not conducted any criminal background checks pursuant to RCW 43.43.830 on persons who are involved in directing, chaperoning, or supervising youth activities on behalf of the User; and further agrees to the City and it's elected officials, employees, and agents harmless and to defend the City against any and all claims, lawsuits, damages, costs, and fees of whatsoever kind that may arise from the activities the User sponsors on behalf of youth on or about the premises of the facility. Initial The User agrees that the City is not responsible for, and has not conducted any criminal background checks pursuant to RCW 43.43.830 on persons who are involved , on behalf of the User, in directing, chaperoning, or supervising activities involving developmentally disabled persons or vulnerable adults; and further agrees to hold the City and its elected officials, employees, and agents harmless and to defend the City against any and all claims, lawsuits, damages, costs, and fees whatsoever kind that may arise from activities the User sponsors on behalf of developmentally disables persons or vulnerable adults on or about the premises of the facility. Initial The User shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the City arising out of, in connection with, or incident to the User's use of the facility; provided, however, that is such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the User; and provided further, that nothing herein shall require the User to hold harmless or defend the City, its agents, employees, and/or officers from any claims arising from the sole negligence of the City, its agents, employees, and/or officers. The provisions of the section shall survive the expiration or termination of User's use of the facilities. C� Initial The User agrees that the City is not responsible for damage to or theft of items belonging to User that User brings to the facility for its activities, including items that User is allowed to store on the premises of the Yelm Community Center. CV Initial The User agrees that this Application and Agreement is solely for the benefit of the City and the User, and no third parties are entitled to any rights hereunder; nor may User assign its rights, duties and obligations to any third party. Initial The User agrees that it is solely responsible for possession of the keys to the facility User by the City for its activities. User agrees that if it loses or misplaces keys given to it by the City that User will be responsible for the costs involved in re -keying the doors, having sufficient keys made for use and re -issuance to all authorized users by the City, and for any other reasonable costs associated therewith. Initial The User understands and agrees that it is responsible for compliance with all federal, state and local laws, rules and regulations in regards to activities it conducts or sponsors on or about the premises of the facility. The User understands that the City may not discriminate nor endorse discrimination in the use of the facilities. The User understands and agrees that it will not discriminate against any person on the grounds of race, religion, creed, color, national origin, a Uity of Yelm EST. 1924 WASHINGTON Meeting Date: 3-26-2024 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: AMENDMENT NO 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BCRA FOR THE CONCEPTUAL DESIGN MODIFICATIONS OF THE YELM EDUCATION AND INNOVATION CENTER. ACTION REQUESTED Authorize Mayor Joe DePinto to approve Amendment No 2 to the Professional Services Agreement with BCRA for conceptual design modifications of the Yelm Education and Innovation Center in the not to exceed amount of $55,975.00 including Washington State sales tax. KEY FACTS AND INFORMATION SUMMARY: Background Yelm was awarded on 7/1/2019 in the amount of $196,000.00 for feasibility and conceptual design, and cost estimates of the EIC. BCRA was determined the most qualified to complete this work. The amount remaining on the grant is $64,105.92. Current Situation Skip forward to 2024. The needs of the EIC has changed as well as cost estimates. We went back to Commerce to ask if we could allocate the roughly $64,000 we had left on the grant to address the changing needs of the EIC as well as add a property survey and updated cost estimates and they were happy to oblige. This added work is 100% covered by the original grant amount. Staff recommends authorization of Amendment No 2 to the Professional Services Agreement with BCRA for conceptual design modifications of the Yelm Education and Innovation Center in the not to exceed amount of $55,975.00 including Washington State sales tax. 1IPage ATTACHMENTS: EST. ]924 WASHINGTON Meeting Date 3-26-2024 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington • Amendment No 2 with BCRA • Scope and Fee from BCRA Respectfully Submitted: Brad Chatwood Projects and Programs Manager 21 Page EST. 1924 WASHINGTON Public Services Department Physical Address: 901 Rhoton Road SE Mailing Address: 106 Second Street SE Yelm, WA 98597 (360)458-8406 Fax: (360) 458-8417 Web: www.ci.velm.wa.us AMENDMENT NO 2 PROFESSIONAL SERVICES AGREEMENT FOR Programming Updates to the Yelm Education and Innovation Center In accordance with our Professional Services Agreement for the Yelm EIC, dated 10/19/2020, this is an authorization to revise the project Scope of Work as described below. The work will be performed and invoiced using the terms and conditions listed in the original agreement, plus previous amendments and/or agreements. The Term of the Agreement is hereby modified as follows: This includes re -programming updates as needs have changed since the original concept. The following items are hereby added to the Scope of Work and are detailed in attached Exhibit A: Programming updates, concept studies of up to 2 options for building layouts, presentation drawings, general description of public corridors and amenities. Up to date conceptual cost estimates for total project. The Compensation Amount of the Agreement is hereby modified as follows: $55,975.00 EST. 1924 WASHINGTON IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF YELM Mayor, Joe DePinto DATE: 03-26-2024 CITY OF YELM City Clerk, Kathy Linnemeyer DATE: 03-26-2024 BCRA 0 Printed Name: Christopher Spadafore Title: Associate Principal Date: 03-26-2024 h bcra 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 February 15, 2024 Revised: March 7, 2024 Cody Colt, Public Works Director City of Yelm 1062 d Street SE Yelm, WA 98597 Sent VIA Email: CodyC@YelmWA.gov RE: Yelm Education and Innovation Center ADDITIONAL SERVICE REQUEST #2 BCRA Project No. 19159.00 Dear Cody: bcradesign.com BCRA is submitting this Additional Service Request for updates to the original design provided in March 2023. Description of Change Per discussions with Cody Colt and Brad Chatwood on February 12 regarding programming changes to the Yelm EIC project, BCRA will be updating the drawings to show these programming changes and add more details and inspirational imagery to the design package. These deliverables will be used to promote the project and seek funding for its design and construction. Please see the attached scope of services for more details on what will be accomplished for these design updates. Additional Fees Scope of Services Architecture 11 Programming Updates $53,100 999 Incidental Expenses $2,875 AS R#2 Total $55,975 81 Contingent Add'I Svcs — Design Changes $3,730 This additional service is governed by our existing Agreement for Professional Services dated October 15, 2020. Closing Thank you for your patience and understanding in the adjustments needed to make this project a success. Should you have any questions or concerns, please feel free to contact me. Sincerely, 4risoopher Spadafore, RA Associate Principal, BCRA Approved: Client Signature Attachment: Exhibit A: Architecture Scope of Services Date I'I bcra bcradesign.com 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 EXHIBIT A BCRA SCOPE OF SERVICES Phase 01 Feasibility Study Task A1— Architecture Engage with the City of Yelm to discuss the Project Definition, confirm program goals and establish design concept. The following activities will be performed: 1. General Objective: a. Develop Proximity/Adjacency Diagrams based on City provided plan markups. Existing building concept footprint, area, and exterior design direction to remain i. 15t floor changes consist of adding Council Chambers, Mayor & City Administrator office, front desk/reception. ii. 2nd floor consisting of Finance and HR offices iii. 3rd floor consisting of Multipurpose meeting spaces for 15-30 occupants each. b. Research and gather imagery to define Interior design and aesthetic. c. Prepare concept studies of up to 2 options for building plan layouts. d. Review project drawings for compliance with accessibility codes and regulations. a. Provide conceptual cost estimate of total project costs, including hard construction costs and estimated soft costs (permitting, taxes, testing & inspection, design fees, FF&E, owner -hired consultants). 2. Management, Quality Management and Schedules: a. Weekly internal team meetings b. Confirm and update project progress and budget to conform to BCRA Contract Agreement 3. Design / Architecture: a. Verify that program requirements are incorporated in the plans including support areas b. Prepare general description of material selections for facility and identify any atypical and high finish areas entries, public corridors and amenities. Describe in the form of narratives and / or freehand sketches c. Coordinate with Civil Engineer and Landscape Architecture on building location and correlation with site design Meetings: • (3) Three Owner meetings, • (2) Two meetings with Cost Estimator • (10) Ten Internal Team Coordination Meetings Assumptions: • Duration for this phase will be 10 weeks • Meetings scheduled in addition to those listed above will be provided as part of contingent additional services Deliverables: • Meeting minutes • Drawings indicating scale and relationship of project components, spaces generally defined and representative area plans generally graphically fixed • Graphic Program + Proximity/Adjacency Diagrams • Presentation drawings • Cost estimate City of Yelm — Yelm Education and Innovation Center BCRA Project No. 19159.00 February 15, 2024 Page 3 of 2 I'I bcra bcradesign.com 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 Contingent Additional Services The following services may be needed during the course of the feasibility study. Contingent additional services will not be performed without written authorization from the Owner either in the form of an additional service request, or in clear email communication. Phase 81 - Additional Design Changes Design changes after final deliverables have been completed. City of Yelm — Yelm Education and Innovation Center BCRA Project No. 19159.00 February 15, 2024 Page 2 of 2 T 1 Es .Z WASHINGTON Meeting Date: March 26, 2024 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: Housing Land Capacity Analysis Interlocal Agreement (ILA) between the Cities of Yelm, Tumwater, Lacey, Olympia, and Thurston County ACTION REQUESTED: Move to authorize the Mayor DePinto to sign the Housing Land Capacity Analysis Interlocal Agreement between the Cities of Yelm, Tumwater, Lacey, Olympia, and Thurston County. KEY FACTS AND INFORMATION SUMMARY: House Bill 1220, which was passed by the Legislature, requires all communities planning under the Washington State Growth Management act to "plan for and accommodate housing affordable to all income levels." HB 1220 mandated that cities and counties revise the Housing Element of their Comprehensive Plans to include the following: 1. Document local allocations of countywide housing needs, as provided by the Washington State Department of Commerce. 2. Include a statement of goals, policies, objectives and mandatory provisions for moderate density housing options within an urban growth area. 3. Identify sufficient capacity of land for all housing needs, including all levels of housing affordability. 4. Make adequate provisions for existing and projected housing needs of all income brackets, including documenting barriers and actions needed to achieve housing availability. 5. Identify local policies and regulations that result in racially disparate impacts, displacement and exclusion the housing, and identify and implement policies and regulations to begin to address and begin to undo such impacts. 6. Identify areas that may be at higher risk of displacement and establish anti - displacement policies. 11 Page _ 1 FST, 1124 WASHINGTON Meeting Date: March 26, 2024 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington The proposed ILA is intended to address #3, above: "Identify sufficient capacity of land for all housing needs, including all levels of housing affordability." Thurston Regional Planning Council will conduct the analysis on behalf of all the jurisdictions that are party to the ILA. A proposed scope of work is attached. The City of Yelm's financial commitment to this effort would be 10% of the total cost, or $5,433, as presented in the attached proposed Scope of Work. ATTACHMENTS: • Proposed Interlocal Agreement • Interlocal Agreement Scope of Work • Washington Department of Commerce Fact Sheet on the requirements of HB 1220 Respectfully Submitted: Gary Cooper Planning & Building Manager 21 Page DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1 E5F5EF61 Interlocal Agreement Between the City of Lacey, the City of Olympia, the City of Tenino, the City of Tumwater, City of Yelm, Thurston County, and Thurston Regional Planning Council To Support Housing Element Updates THIS AGREEMENT is entered into as of the date of the last signature affixed hereto below between: the City of Lacey, a Washington municipal corporation, (hereinafter "LACEY"); the City of Olympia, a Washington municipal corporation, (hereinafter "OLYMPIA"); the City of Tenino, a Washington municipal corporation, (hereinafter "TENINO"); the City of Tumwater, a Washington municipal corporation, (hereinafter "TUMWATER"); the City of Yelm, a Washington municipal corporation, (hereinafter "YELM"); Thurston County, a Washington municipal corporation, (hereinafter "COUNTY"); and the Thurston Regional Planning Council, a state - designated council of governments and regional transportation planning organization, (hereinafter "TRPC"), collectively referred to as "the Parties." WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner pursuant to forms of governmental organization that will accord best with geographic, economic, populations, and other factors influencing the needs and development of local communities; and WHEREAS, pursuant to RCW 39.34.080, each party is authorized to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform; provided, that such contract shall be authorized by the governing body of each party to the contract and shall set forth its purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, in 2021, Washington State approved an amendment to RCW 36.70A.070(2), a section of the Growth Management Act (GMA), to instruct local governments to "plan and accommodate" for housing affordable to all income levels; and WHEREAS, under this provision, housing elements must include an assessment and allocation of housing need for different income groups and must identify sufficient capacity of land for housing to meet that projected housing need; and WHEREAS, pursuant to RCW 36.70A.130(5) all jurisdictions within Thurston County will need to review and revise their comprehensive plans by June 30, 2025, to address the new housing element requirements; and WHEREAS, the Washington State Department of Commerce has created guidance and tools for assessing housing need and allocating housing units within a County; and DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 WHEREAS, LACEY, OLYMPIA, TUMWATER, YELM, and the COUNTY contracted with the Thurston Regional Planning Council (TRPC) in 2023, to design and facilitate a process to reach regional agreement on the housing allocation method and housing allocations; and are seeking continued support to complete a land capacity analysis, given TRPC's mission and staff expertise; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: Services Provided by TRPC TRPC represents that it is qualified and possesses the necessary expertise, knowledge, training, and skills, and has the necessary licenses and certifications to perform the services set forth in this Agreement. A description of the services to be performed by TRPC is set forth in Exhibit A Scope of Work, attached hereto and incorporated herein by reference. TRPC will submit invoices, as applicable, in accordance with Exhibit A: Scope of Work for payment of completed work during the billing period, and not to exceed a total of $52,000. TRPC shall complete its work in accordance with the schedule agreed to by the Parties. II. Funding and In-kind Commitment Funding. Each Party shall contribute a share of funding proportional to the total number of zoning districts within its jurisdiction, and which collectively is sufficient for the execution of the tasks and budget outlined in Exhibit A. The share of total funding will be determined as follows: a. Lacey -24% b. Olympia — 25% c. Tenino — 8% d. Tumwater— 16% e. Yelm — 10% f. Thurston County —17% ii. In-kind Commitment. LACEY, OLYMPIA, TENINO, TUMWATER, YELM, and THURSTON COUNTY shall allocate in-kind staff time to implement this Agreement. In-kind staff support includes, but is not limited to: a. Staff participation in meetings identified in Exhibit A Scope of Work. b. Staff review of Agreement materials. C. Staff coordination with other relevant staff and elected officials from their jurisdiction on ILA products and outcomes. III. Indemnification and Insurance WE DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1 E5F5EF61 GMA Housing Element Support ILA 01/12/2024 Each Party agrees to defend, indemnify, and hold the other Parties, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits including reasonable attorney's fees, arising out of or in connection with the indemnifying Party's performance of this Agreement, including injuries and damages caused by the negligence of the indemnifying Party's officers, officials, and employees. The Parties agree to maintain liability insurance; this may be fulfilled by a party's membership and coverage in WCIA, AWC, or another self-insured municipal insurance pool. IV. No Separate Legal Entity Created This Agreement creates no separate legal entity. No joint organization is created. No common budget is to be established. No personal or real property is to be jointly acquired or held. V. Relationship of the Parties The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. This Agreement is for the benefit of the Parties, and no third -party beneficiary relationship is intended. VI. Duration of Agreement This Agreement shall be effective on the date of the last signature affixed hereto and shall terminate on December 31, 2025, unless sooner terminated by the Parties as provided herein. VII. Dispute Resolution Step One — Negotiation. In the event of a dispute concerning any matter pertaining to this Agreement, the Parties involved shall attempt to adjust their differences by informal negotiation. The Party perceiving a dispute or disagreement persisting after informal attempts at resolution shall notify the other Parties in writing of the general nature of the issues. The letter shall be identified as a formal request for negotiation and it shall propose a date for representatives of the Parties to meet. The other Parties shall respond in writing within ten (10) business days. The response shall succinctly and directly set out that Party's view of the issues or state that there is no disagreement. The Parties shall accept the date to meet or shall propose an alternate meeting date not more than ten (10) business days later than the date proposed by the Party initiating dispute resolution. The representatives of the Parties shall meet in an effort to resolve the dispute. If a resolution is reached, the resolution shall be memorialized in a memorandum signed by all Parties, which shall become an addendum to this Agreement. Each Party will bear the cost of its own attorneys, consultants, and other Step One expenses. Negotiation under this provision shall not -3- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 exceed 90 days. If a resolution is not reached within 90 days, the Parties shall proceed to mediation. b. Step Two — Mediation. If the dispute has not been resolved by negotiation within ninety (90) days of the initial letter proposing negotiation, any Party may demand mediation. The mediator shall be chosen by agreement. Each Party will bear the cost of its own attorneys, consultants, and other Step Two expenses. The parties to the mediation will share the cost of the mediator. A successful mediation shall result in a memorandum agreement, which shall become an addendum to this Agreement. Mediation under this provision shall not exceed 90 days. If the mediation is not successful within 90 days, the Parties may proceed to litigation. c. Step Three — Litigation. Unless otherwise agreed by the Parties in writing, Step One and Step Two must be exhausted as a condition precedent to filing of any legal action. A Party may initiate an action without exhausting Steps One or Two if the statute of limitations is about to expire and the Parties cannot reach a tolling agreement, or if either Party determines the public health, safety, or welfare is threatened. VIII. Amendments This Agreement may be amended only by written agreement executed in accordance with chapter 39.34 RCW. IX. Termination of Agreement This Agreement may be terminated upon mutual agreement of the Parties. Any party may withdraw upon thirty (30) days written notice to the other Parties. X. Interpretation and Venue This Agreement shall be governed by the laws of the State of Washington as to interpretation and performance. The Parties hereby agree that venue for enforcement of any provisions shall be the Superior Court of Thurston County. XI. Entire Agreement This Agreement sets forth all terms and conditions agreed upon by the Parties and supersedes all prior agreements oral or otherwise with respect to the specific subject matter addressed herein. XII. Recording Prior to its entry into force, this Agreement shall be filed with the Thurston County Auditor's Office or posted upon the Parties' websites as provided by RCW 39.34.040. XIII.Counterparts -4- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 This Agreement may be executed in counterparts, and all such counterparts once so executed shall together be deemed to constitute one final agreement, as if one document had been signed by all Parties, and each such counterpart, upon execution and delivery, shall be deemed a complete original, binding on the Parties. A faxed or email copy of an original signature shall be deemed to have the same force and effect as the original signature. A Party may sign by digital or electronic signature, which signature shall be effective as permitted by law. XIV. Notice Any notice required under this Agreement shall be to the party at the address listed below and it shall become effective three days following the date of deposit with the United States Postal Service. CITY OF LACEY Attn: Grant Beck, Planning and Development Services Manager Re: GMA Housing Element Support 420 College Street SE Lacey, WA 98503 CITY OF OLYMPIA Attn: Leonard Bauer, Community Planning and Development Director Re: GMA Housing Element Support P.O. Box 1967 Olympia, WA 98507-1967 THURSTON COUNTY Attn: Ashley Arai, Community Planning Manager Re: GMA Housing Element Support 3000 Pacific Avenue SE Olympia, WA 98501 CITY OF TENINO Attn: Dan Penrose, SCJ Alliance Re: GMA Housing Element Support 149 Hodgden Street South Tenino, WA 98589 CITY OF TUMWATER Attn: Brad Medrud, Planning Manager Re: GMA Housing Element Support 555 Israel Road SW Tumwater, WA 98501 CITY OF YELM Attn: Gary Cooper, Planning and Building Manager Re: GMA Housing Element Support 106 Second Street SE -5- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 Yelm, WA 98597 THURSTON COUNTY Attn: Ashley Arai, Community Planning Manager Re: GMA Housing Element Support 3000 Pacific Avenue SE Olympia, WA 98501 THURSTON REGIONAL PLANNING COUNCIL Attn: Michael Ambrogi, Senior Planner Re: GMA Housing Element Support 2411 Chandler Court SW Olympia, WA 98502 XV. Waiver A failure by a Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the Party and attached to the original Agreement. XVI, Severability If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. XVII. Records Retention and Audit During the progress of the work and for a period not less than six (6) years from the completion of the tasks set forth herein, the records and accounts pertaining to the work and accounting therefore are to be kept available for inspection by any Party and the Federal and State Government and copies of all records, accounts, documents, or other data pertaining to the work will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the 6 -year retention period. This Agreement is hereby entered between the Parties and it shall take effect on the date of the last authorizing signature affixed hereto: [Signatures are affixed to next pages.] M DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 GOVERNMENT AGENCY EXECUTIVE CITY OF LACEY 420 College Street SE Lacey, WA 98503 —DoocuSigned by: K& M Walk, City Manager 2/28/2024 Date: APPROVED AS TO FORM D Signetl /by: 1 , 4 David �EfiOS Ba47 F4C4g1 chneider, City Attorney -7- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 GOVERNMENT AGENCY EXECUTIVE CITY OF OLYMPIA 6014th Ave East Olympia, WA 98501 L S/ig',n�ed b11�y: VA, J Steven J. ""(WNrney, City Manager 2/23/2024 Date: APPROVED AS TO FORM DocuSigned by: Ani nafese' arksen, Deputy City Attorney DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 GOVERNMENT AGENCY EXECUTIVE CITY OF TENINO 149 Hodgen Street South Tenino, WA 98589 c 0 Doocc uuSS ig nedpbyyy::gI\—v,— 1'9EA5iTA95... David Watterson, Mayor 2/23/2024 Date: APPROVED AS TO FORM DocuSigned by: 1C Rices ug�ies,ity Attorney DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 GOVERNMENT AGENCY EXECUTIVE CITY OF TUMWATER 555 Israel Road SW Tumwater, WA 98501 Ev DocuSigned by: t,1��ic, Su.(,(,VAV' Debbie Su Ivan, Mayor 3/7/2024 Date: APPROVED AS TO FORM F (alA W -Lb LL o ... S ..... ..: 'k-50116VE E 34'c .. Karen it patrick, City Attorney -10- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 GOVERNMENT AGENCY EXECUTIVE CITY OF YELM 106 Second Street SE Yelm, WA 98597 Joe DePinto, Mayor Date: APPROVED AS TO FORM F DocuSigned by: , µ� VlL re-{�@° 119',Tfty Attorney -11- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 GOVERNMENT AGENCY EXECUTIVE THURSTON COUNTY 3000 Pacific Avenue SE Olympia, WA 98501 C Jo ua Cummings, ' ector of Community Planning and Economic Development Date: 7• 'e" 2oZ-'f APPROVED AS TO FORM D—Signed by: fiV'aws bov's ravis'uPnt,FDeputy Prosecuting Attorney -12- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA 01/12/2024 GOVERNMENT AGENCY EXECUTIVE THURSTON REGIONAL PLANNING COUNCIL 2411 Chandler Court SW Olympia, WA 98502 Marc Daily, Executive Director Date: z —.;-2 DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1 E5F5EF61 GMA Housing Element Support ILA — Exhibit A 01/12/2024 Exhibit A TRPC Scope of Work This document includes a proposed scope of work for the Thurston Regional Planning Council (TRPC) to complete a land capacity analysis for housing in cities of Lacey, Olympia, Tenino, Tumwater, and Yelm, and Thurston County that meets regional needs for Comprehensive Plan updates due in 2025, and if necessary, facilitate a review and update to the housing allocations for the Thurston region completed in 2023. Project Assumptions: • Project partners include the cities of Lacey, Olympia, Tenino, Tumwater, Yelm, and Thurston County. Project partners will allocate staff time to participate in scheduled meetings, review draft materials, and coordinate with relevant staff and elected officials for their jurisdiction. • The land capacity analysis will be developed to be consistent with RCW 36.70A.070(2)(c) and guidance developed by the Washington State Department of Commerce. • TRPC will use the housing allocations developed by the project partners in 2023 unless project partners choose to revisit and revise those allocations as a part of this project (Optional Task 4). • TRPC will use the land capacity reported in the 2021 Buildable Lands Report (Appendix III), including TRPC's method for estimating ADUs. Data may be retabulated to account for recent annexations, but the underlying model will not be substantially updated. • Project partners have determined they do not need an Emergency Housing land capacity analysis. • TRPC will develop a standard presentation of land capacity results for policymakers, but will not participate in any presentations. Tasks Description Task 1 1.1 Project Management • Prepare monthly invoices, ensure project objectives are met, oversee adherence to schedule and budget, and ensure timely delivery of project deliverables. Deliverables • Monthly invoices and project updates Task 2 Land Capacity Analysis 2.1 Initial Land Capacity and Classification • Review existing land supply forecast and summarize land capacity by zone. • Calculate additional capacity for ADUs on developed lots using TRPC method. • Develop an initial classification of zones by allowed housing types and density level. • Meet with planning staff from each project partner to review and revise classification (6 meetings) -14- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA — Exhibit A 01/12/2024 Tasks Description • Update zoning classifications and initial land capacity 2.2 Assess Housing Affordability and Housing Types by Zone • Relate zone categories to housing types and income levels, using tables provided in guidance document from the Department of Commerce. • Update zoning classifications developed in Task 2 as needed. 2.3 Land Capacity Analysis by Housing Need • Compare projected housing needs to capacity and zoning classifications, and identify whether there are any deficits. 2.4 Partner Coordination and Review • Facilitate 2-3 meetings of project partner staff to confirm direction and review materials. Potential agendas for meetings include: Meeting 1 • Review project expectations and schedule • Review initial land capacity classifications • Review initial affordability levels by zone • Get consensus on methods Meeting 2 • Overview of Meeting 1 • Present initial land capacity analysis • Identify need for actions to address any deficits, such as changes to zoning or changes to housing need allocations. Meeting 3 (optional) • Overview of previous meetings • Present revised land capacity analysis, based on changes identified in previous meetings. • Identify any further actions to address remaining housing need deficits or changes to housing need allocations. Deliverables • Draft summary of land capacity and classification • Draft table showing relationship between zoning categories, housing types, and income levels • Meeting agendas and summaries Task 3 3.1 Draft and Final Deliverables — Land Capacity Analysis • Prepare final tables and figures for presentation. -15- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA — Exhibit A 01/12/2024 Tasks Description • Prepare draft and final PowerPoint presentation of process and process outcomes. • Prepare draft and final technical memo documenting land capacity methodology and results, including land capacity for each project partner. Deliverables • Draft and final PowerPoint slides (6) • Draft and final technical memo (1) Task 4 Housing Need Allocation Update This task applies if the project partners identify a need to revisit and revise the housing need allocation method completed in 2023. 4.1 Allocation Updates • Facilitate up to 3 additional meetings of project partner staff. TRPC will invite representatives from Tenino, Rainier, and Bucoda to pa rticipate. • Run updated housing allocation methods identified in Task 2. • Revise land capacity analysis to address deficits. 4.2 Revised Housing Allocation final deliverables • Prepare revised tables and figures for jurisdiction presentations. • Prepare updated technical memo. Deliverables • Meeting agendas and summaries • Revised Housing Need Allocation technical memo Task 5 5.1 Countywide Planning Policies Review Scope of Work Develop a scope of work and schedule for updates to the County Wide Planning Policies to ensure consistency and alignment with housing element reviews. • Facilitate 1-2 meetings of project partner staff (may overlap with other meetings) • Draft scope and schedule • Update scope based on partner feedback • CWPP Update Scope of Work -16- DocuSign Envelope ID: 9C6F23AD-7B7A-4F57-8C2A-6FE1E5F5EF61 GMA Housing Element Support ILA — Exhibit A 01/12/2024 Budget Costs to complete the work included in this scope of work will be divided proportionally among the six partner jurisdictions according to each jurisdiction's total number of zoning districts. Staff Billing Rate Task 1 (hours) Task 2 (hours) Task 3 (hours) Task 4 (hours) Task 5 (hours) Cost Senior Planner (PM) $78.44 42 160 90 55 5 $27,611 Planning Manager $93.64 5 20 8 15 10 $5,618 Office Specialist $23.00 17% 11 TOTAL 134 $536 Subtotal $33,766 Indirect Costs 0.54 $18,234 Total Cost $52,000 Cost Per Partner Jurisdiction Zoning Districts Percent of Total Zoning Districts Cost Per Partner Lacey 32 24% $12,418 Olympia 33 25% $12,806 Tenino 11 8% $4,269 Tumwater 21 16% $8,149 Yelm 14 10% $5,433 Thurston Co 23 17% $8,925 TOTAL 134 $52,000 -17- a t x LU L 0 CL CL 0 ai c E v LU w 0 N aJ �\I u l7 0 LA T U CviaJ OJ tw U) L Ln aJ aJ E o aJ L Q. Q) @ M aJ C �- O O N C: T m U O_,> T Ln 4' C 6 GJ C -C m aJ L L O E O m U '6 4- O O 0 O — -r- m 4D hA O C O N O aL• O v� U0 T C � in C V) M aJ T Ln +-' m U O m 4- Q U U C 0 O M Q Q O M +' aJ a Q hA E O m aj V) -r- aJ U 7 L O > ';M5 -cU L L N 0 i aJ L C0 aJ 0Ln Q C + 4-1 0 x 1J E aJ U — > •3 4, . v o v E°a E06 E Ln c u m aJ `0 c E .o v 'F +' Z3 -a V) 04 �a 00 v a E Ln C 0 N T CL -O O in aJ u H tio A H H � +� +' m u tA (U E V) U ° a c �, 'n m v v — O a 4-Q aJ a, E o, o G a Q o a M a, N 4. c a _ - V, v tw v T •c "c m 1 `iLn � m C c 0 W X o E C QJ J \ m i E a u o L p o V p o •ice E L M a V)@ `n . = (U cu o m a v aJ _a C c M a) C}' u `° O 'D c Ln h _ H Q w _3 a h a H y CL a d 2 � la � Ia la la 00 GMA Housing Land Capacity Analysis — Exhibit A, TRPC Scope of Work FINAL— 1/12/2024 Exhibit A TRPC Scope of Work This document includes a proposed scope of work for the Thurston Regional Planning Council (TRPC) to complete a land capacity analysis for housing in cities of Lacey, Olympia, Tenino, Tumwater, and Yelm, and Thurston County that meets regional needs for Comprehensive Plan updates due in 2025, and if necessary, facilitate a review and update to the housing allocations for the Thurston region completed in 2023. Project Assumptions: • Project partners include the cities of Lacey, Olympia, Tenino, Tumwater, Yelm, and Thurston County. Project partners will allocate staff time to participate in scheduled meetings, review draft materials, and coordinate with relevant staff and elected officials for their jurisdiction. • The land capacity analysis will be developed to be consistent with RCW 36.70A.070(2)(c) and guidance developed by the Washington State Department of Commerce. • TRPC will use the housing allocations developed by the project partners in 2023 unless project partners choose to revisit and revise those allocations as a part of this project (Optional Task 4). • TRPC will use the land capacity reported in the 2021 Buildable Lands Report (Appendix III), including TRPC's method for estimating ADUs. Data may be retabulated to account for recent annexations, but the underlying model will not be substantially updated. • Project partners have determined they do not need an Emergency Housing land capacity analysis. • TRPC will develop a standard presentation of land capacity results for policymakers, but will not participate in any presentations. Tasks Description Task 1 1.1 Project Management • Prepare monthly invoices, ensure project objectives are met, oversee adherence to schedule and budget, and ensure timely delivery of project deliverables. Deliverables • Monthly invoices and project updates Task 2 Land Capacity Analysis 2.1 Initial Land Capacity and Classification • Review existing land supply forecast and summarize land capacity by zone. • Calculate additional capacity for ADUs on developed lots using TRPC method. • Develop an initial classification of zones by allowed housing types and density level. • Meet with planning staff from each project partner to review and revise classification (6 meetings) • Update zoning classifications and initial land capacity GMA Housing Land Capacity Analysis — Exhibit A, TRPC Scope of Work FINAL— 1/12/2024 Tasks Description 2.2 Assess Housing Affordability and Housing Types by Zone • Relate zone categories to housing types and income levels, using tables provided in guidance document from the Department of Commerce. • Update zoning classifications developed in Task 2 as needed. 2.3 Land Capacity Analysis by Housing Need • Compare projected housing needs to capacity and zoning classifications, and identify whether there are any deficits. 2.4 Partner Coordination and Review • Facilitate 2-3 meetings of project partner staff to confirm direction and review materials. Potential agendas for meetings include: Meeting 1 • Review project expectations and schedule • Review initial land capacity classifications • Review initial affordability levels by zone • Get consensus on methods Meeting 2 • Overview of Meeting 1 • Present initial land capacity analysis • Identify need for actions to address any deficits, such as changes to zoning or changes to housing need allocations. Meeting 3 (optional) • Overview of previous meetings • Present revised land capacity analysis, based on changes identified in previous meetings. • Identify any further actions to address remaining housing need deficits or changes to housing need allocations. Deliverables • Draft summary of land capacity and classification • Draft table showing relationship between zoning categories, housing types, and income levels • Meeting agendas and summaries Task 3 3.1 Draft and Final Deliverables — Land Capacity Analysis • Prepare final tables and figures for presentation. • Prepare draft and final PowerPoint presentation of process and process outcomes. GMA Housing Land Capacity Analysis — Exhibit A, TRPC Scope of Work FINAL— 1/12/2024 Tasks Description • Prepare draft and final technical memo documenting land capacity methodology and results, including land capacity for each project partner. Deliverables • Draft and final PowerPoint slides (6) • Draft and final technical memo (1) Task 4 Housing Need Allocation Update This task applies if the project partners identify a need to revisit and revise the housing need allocation method completed in 2023. 4.1 Allocation Updates • Facilitate up to 3 additional meetings of project partner staff. TRPC will invite representatives from Tenino, Rainier, and Bucoda to participate. • Run updated housing allocation methods identified in Task 2. • Revise land capacity analysis to address deficits. 4.2 Revised Housing Allocation final deliverables • Prepare revised tables and figures for jurisdiction presentations. • Prepare updated technical memo. Deliverables • Meeting agendas and summaries • Revised Housing Need Allocation technical memo Task 5 5.1 Countywide Planning Policies Review Scope of Work Develop a scope of work and schedule for updates to the County Wide Planning Policies to ensure consistency and alignment with housing element reviews. • Facilitate 1-2 meetings of project partner staff (may overlap with other meetings) • Draft scope and schedule • Update scope based on partner feedback • CWPP Update Scope of Work GMA Housing Land Capacity Analysis — Exhibit A, TRPC Scope of Work FINAL— 1/12/2024 Budget • Costs to complete the work included in this scope of work will be divided proportionally among the six partner jurisdictions according to each jurisdiction's total number of zoning districts. Staff Billing Rate Task 1 (hours) Task 2 (hours) Task 3 (hours) Task 4 (hours) Task 5 (hours) Cost Senior Planner (PM) $78.44 42 160 90 55 5 $27,611 Planning Manager $93.64 5 20 8 15 10 $5,618 Office Specialist 1 $23.00 17% 11 TOTAL 134 $536 Subtotal $33,766 Indirect Costs 0.54 $18,234 Total Cost $52,000 Cost Per Partner Jurisdiction Zoning Districts Percent of Total Zoning Districts Cost Per Partner Lacey 32 24% $12,418 Olympia 33 25% $12,806 Tenino 11 8% $4,269 Tumwater 21 16% $8,149 Yelm 14 10% $5,433 Thurston Co 23 17% $8,925 TOTAL 134 $52,000 0 >O 4- O N O u V) U a cc H Q 72 s x W Q J C Q u f0 f0 U - N C O Co N J \ qp N C C) O O 2 z (7 E: 0) H yr 3 U N N Q U- O Cf 0 = N E N N s c u O N N 41 W 4 C N 4) N OCA y C1 xa 4' N a a .n ELn 41 41 co _ ago i a a x a = Nco E 0 O ra_ C a V O V (0 = V-0 •C '~ O (a O li v 2 Ol u m C a a C U co C c O Q ao i 4 c a an o co E W 3 C j C V N II V V U '� 2+ a c _ N '�41 t6 41 O = ;�' C s C a- u a (0 (0 Q O -aE \ i C (0 Q i i ca N .� N N- +c I � s u M I C •3 f0 N N C Q W J d N d A Q N d o Planning for Housing in Washington March 2023 Update In 2021, the Washington Legislature changed the way communities are required to plan for housing with House Bill 1220 (HB 1220). he Growth Management Act (GMA) housing goal was amended to "plan for and accommodate" housing affordable to all income levels, significantly strengthening the previous goal, which was to "encourage affordable housing." Significant updates were also made to how jurisdictions are to plan for housing in the housing element of their comprehensive plans. Projected Housing Needs HB 1220, codified in RCW 36.70A.070(2), directs the Department of Commerce to Housing Units provide existing and future housing needs for communities in Washington, , Income Band ' �, including units for moderate, low, very low and extremely low-income households, and for emergency housing, emergency shelters and permanent supportive Emergency NA housing (see sidebar). housing/shelters Extremely low 0-30% AMI, To develop the projected housing needs, Commerce worked with an advisory including committee of stakeholders to develop methodology and an Excel tool to project some PSH* housing needs based on county population projections. To be consistent with the Very low a30-50% framework for planning under the GMA, Commerce projected housing need at the county level and is providing guidance to local governments for how counties, Low >50-80% cities and towns should work together to allocate the needs based on land and Moderate ?80-120% infrastructure capacity, jobs, services and other factors. Other Above 120% Based on the Office of Financial Management's (OFM) medium population *PSM = permanent supportive housing projections, the final projected housing needs by income bracket for 2044 is available at the end of this document. These housing projections are from the final Housing for All PlanningTool HAPT available on the Commerce Updating GMA Housing Elements web page. Certain faster growing communities will be using these projections to update their comprehensive plans and regulations over the next few years. Counties may choose a higher or lower population target from the OFM range and then use Commerce's new tool to identify how much housing is needed in each income bracket. Counties, cities and towns then must work together to decide how to plan for and accommodate housing to meet the needs of each income bracket, and ensure enough emergency housing can be sited. Housing Element Requirements The updated housing element requirements of RCW 36.70A.070(2), now require jurisdictions fully planning under the GMA to address the following as they update their comprehensive plan housing element: • Document local portion of countywide housing needs as provided by Commerce, • Include a statement of goals, policies, objectives and mandatory provisions for moderate density housing options within an urban growth area, • Identify sufficient capacity of land for all housing needs, including by the income brackets noted above, emergency housing and emergency shelters, and permanent supportive housing, PLANNING FOR HOUSING IN WASHINGTON (MARCH 2023 UPDATE) V3.1 Make adequate provisions for existing and projected housing needs of all income brackets, including documenting barriers and actions needed to achieve housing availability, Identify local policies and regulations that result in racially disparate impacts, displacement and exclusion in housing, and identify and implement policies and regulations to begin to address and begin to undo such impacts, and Identify areas that may be at higher risk of displacement and establish anti -displacement policies. Commerce Guidance Commerce has developed draft guidance to advise communities on how to address these requirements, and will publish final guidance in three documents according to this table. Book 1: Establishing Housing Targets for your Community Book 2: Guidance for Updating your Housing Element Book 3: Guidance for Addressing Racially Disparate Impacts • Allocating , countywide ountywide housing March 2023 needs to local governments • HAPT tool with projections • Evaluating land capacity April 2023 • Making adequate provisions for all income brackets • Racially disparate impacts March 2023 draft guidance PLANNING FOR HOUSING IN WASHINGTON (MARCH 2023 UPDATE) V3.1 March 2023 April 2023 Dec.2022 webinar 2 Projected Housing Needs by County (Medium OFM Projection, 2044) County Total H Need 9 Non -PSH PSH Housing Adams 1,753 276 200 197 333 127 88 532 19 Asotin 1,360 207 218 461 142 63 57 212 35 Benton 35,822 4,037 2,597 6,371 4,319 2,718 3,082 12,698 130 Chelan 10,032 1,226 912 1,725 1,678 803 728 2,960 294 Clallam 5,847 1,654 751 1,504 712 246 186 794 437 Clark 103,475 12,030 7,393 16,188 15,661 9,011 8,534 34,658 3,821 Columbia 98 48 30 20 0 0 0 0 1 Cowlitz 10,000 2,704 1,378 2,425 872 409 423 1,789 173 Douglas 6,755 912 0 826 1,095 573 668 2,681 33 Ferry 184 110 54 20 0 0 0 0 22 Franklin 20,608 1,786 1,804 2,408 3,729 1,935 1,717 7,229 150 Garfield 82 63 6 13 0 0 0 0 2 Grant 17,185 1,743 813 2,448 3,039 1,449 1,382 6,311 93 Grays Harbor 4,152 1,797 1,113 1,183 41 18 0 0 188 Island 8,475 970 833 1,754 1,476 689 654 2,099 262 Jefferson 3,985 1,599 247 558 444 174 221 742 556 King 336,591 84,873 42,993 50,971 25,309 17,395 19,734 95,316 59,616 Kitsap 24,066 5,494 2,646 4,589 3,144 1,393 1,365 5,435 1,280 Kittitas 5,217 1,870 570 1,011 352 271 261 882 0 Klickitat 2,319 565 135 476 337 85 145 576 89 Lewis 5,598 1,799 890 1,133 618 220 170 768 478 Lincoln 203 0 117 80 0 6 0 0 1 Mason 7,848 1,009 1,048 1,499 995 442 547 2,308 89 Okanogan 2,036 875 445 379 160 51 19 107 98 Pacific 1,399 954 217 144 55 5 4 20 255 Pend Oreille 911 221 84 146 146 58 43 213 0 Pierce 135,652 16,098 20,142 22,874 20,255 9,624 8,776 37,883 7,218 San Juan 3,097 560 48 500 418 250 252 1,069 34 Skagit 16,914 2,811 1,607 2,817 2,418 1,282 1,136 4,843 281 Skamania 1,672 569 61 169 190 145 150 388 63 Snohomish 143,182 26,836 14,567 20,800 14,149 11,296 13,246 42,288 9,811 Spokane 70,874 19,416 5,721 13,147 8,117 4,327 3,552 16,594 2,992 Stevens 4,857 1,188 488 450 622 371 314 1,424 41 Thurston 52,456 8,576 3,591 8,264 7,979 4,168 4,162 15,716 921 Wahkiakum 334 11 109 37 40 17 19 101 9 Walla Walla 2,751 1,149 727 767 43 7 58 0 0 Whatcom 34,377 7,929 3,416 6,708 3,776 2,194 2,115 8,239 508 Whitman 3,591 3,011 300 280 0 0 0 0 39 Yakima 21,078 3,563 4,198 4,974 2,264 1,342 872 3,865 1,318 TOTAL 1,106,836 220,539 122,469 180,316 124,928 73,164 74,680 310,740 91,357 Questions and comments on this work may be directed to the project manager, Laura Hodgson, at laura.hodgson (2commerce.wa.gov or 360-764-3143. PLANNING FOR HOUSING IN WASHINGTON (MARCH 2023 UPDATE) V3.1 3 7 f. EST. 1924 WASHINGTON Meeting Date: March 26, 2024 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: INTERLOCAL AGREEMENT BETWEEN THE CITY OF YELM AND THURSTON COUNTY AUTHORING THE CITY TO REVIEW AND PERMIT A PROJECT LOCATED PARTIALLY IN THURSTON COUNTY ACTION REQUESTED Move to authorize Mayor DePinto to sign an interlocal agreement between the City of Yelm and Thurston County, authorizing the City to review and permit a project located partially in Thurston County. KEY FACTS AND INFORMATION SUMMARY: The City has received an application for a property located at 407 East Yelm Avenue that is located partially in the City of Yelm, and partially within Thurston County (see attachment). Rather than have the applicant pursue review and permitting from both the City and the County, an interlocal agreement has been drafted to authorize the City to do the permitting. The proposal is for a coffee drive through, and only the stormwater pond associated with the project will be in the County. This interlocal agreement has already been approved for signature by the Thurston County Board of Commissioners. ATTACHMENTS: • Proposed Interlocal Agreement • Aerial showing parcel and City/County boundaries • Site Plan Respectfully Submitted: Gary Cooper Planning & Building Manager 11 Page INTERLOCAL AGREEMENT BETWEEN THE CITY OF YELM AND THURSTON COUNTY FOR PERMIT PROCESSING WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, pursuant to RCW 39.34.080, each party is authorized to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform: provided, that such contract must be authorized by the governing body of each party to the contract and must set forth its purposes, powers, rights, objectives, and responsibilities of the contracting parties; WHEREAS, the City of Yelm (YELM) and Thurston County (COUNTY) intend that under this Agreement YELM will (except as otherwise provided in this Agreement) serve as the lead agency for reviewing land use applications and permits for the project identified below and will, if the proposed project meets applicable City and County code provisions, issue approvals and permits to the applicant, which approvals and permits will satisfy both CITY and COUNTY requirements; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, YELM and COUNTY agree as follows: I. Purpose/Objective Marian Licxandru has applied for a City of Yelm Ministerial Review approval to site a drive through coffee stand and office building. This proposal is located at 407 East Yelm Avenue and the parcel number is 22719342700. The parcel current is partially in the City of Yelm and partially in Thurston County (See Attachment A). YELM is requesting approval from the COUNTY to complete the permitting of this project using the City of Yelm Ministerial Review process and development standards. The proposed development will not have any structures located in Thurston County (See Attachment B). II. Scope of Agreement/Work A. Responsibilities of YELM are as follows: 1. Review and process all land use application and apply applicable YELM codes and standards to that portion of the project located within the City of Yelm, and applicable COUNTY codes and standards to that portion located in Thurston County, with the following exception for consistency: the entire project shall be subject to the version of YELM's Engineering Design and Development Standards current at the time of civil engineering permit application. Page 1 of 5 3. Complete civil engineering review for the project and issue plan approvals. 4. Complete final plat review, inspections, and approval to assure all conditions of preliminary plat approval and other platting legal requirements are met by the developer. 5. Hold, inspect, and issue final approval and authorize release of performance bonds submitted by the developer for the public improvements. YELM shall consult with the COUNTY prior to issuance of final approval and release of performance bonds under this subsection. III. Payment (or Funding/Costs/etc.) Payment of fees: Applicant is responsible for payment of fees to YELM in accordance with YELM's adopted fee schedule for permit and plan review, Hearing Examiner services, and inspections. Preliminary plat fee will be based on the total land area (inside and outside of YELM city limits) that is proposed for land division. Applicant is also responsible for payment of Thurston County Environmental Health (TCEH) plan review fees in accordance with the COUNTY's adopted fee schedule. IV. Method of Payment Permit and inspection fees will be paid by the applicant via the YELM's online portal. Fees include a Hearing Examiner deposit. Any additional Hearing Examiner fees will be paid by the applicant after receipt of an invoice from YELM. upon application submittal. V. Indemnification & Workers Compensation The COUNTY and YELM each agree to defend, indemnify, and hold the other, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including reasonable attorney fees, arising out of or in connection with each entity's respective performance of its responsibilities under the Agreement, except to the extent such injuries and damages are caused by the negligence of the other. In any and all claims against either party, its officers, officials, employees, and agents by any employee, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by either party or subcontractor under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the COUNTY and YELM expressly waives any immunity either might have had under Title 51 RCW. By executing the Contract, the COUNTY and YELM acknowledge that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section must be incorporated, as relevant, into any contract either party makes with any subcontractor or agent performing work hereunder. Page 2 of 5 VI. Joint Board; Property This Agreement creates no Joint Board and no separate legal entity. No real or personal property will be acquired or held as part of carrying out this Agreement. To the extent any Party furnishes property for purposes of carrying out this Agreement, such property must be returned to that Party upon termination of this Agreement, or upon that Party's withdrawal from this Agreement. VII. Duration of Agreement This Agreement is effective until June 30, 2028, unless otherwise terminated in the manner described under the termination section of this Agreement. VIII. Termination of Agreement This Agreement may be terminated upon 60 days notice to the other party using the method of notice provided for in this Agreement. IX. Entire Agreement This Agreement sets forth all terms and conditions agreed upon by YELM and COUNTY, and supersedes any and all prior agreements oral or otherwise with respect to the subject matter addressed herein. X. Counterparts This Agreement may be executed in a number of identical counterparts which, taken together, constitute collectively one Agreement; but in making proof of this Agreement, it is not necessary to produce or account for more than one such counterpart. Additionally, (i) the signature pages taken from separate individually executed counterparts of this Agreement may be combined to form multiple fully executed counterparts; and (ii) a facsimile signature or an electronically scanned signature, or an electronic or digital signature where permitted by law, must be deemed to be an original signature for all purposes. All executed counterparts of this Agreement are originals, but all such counterparts, when taken together, constitute one and the same Agreement. XI. Posting or Recording Prior to its entry into force, this Agreement must be posted upon the websites of the parties or other electronically retrievable public source or filed with the Thurston County Auditor's Office or as required by RCW 39.34.040. XII. Employment Relationship Employees of each agency remain at all times under the direction and control of their original agency and the performance of work for any other agency pursuant to this Interlocal Agreement shall not change that relationship for any purpose. Neither agency may be deemed to have agreed to pay the other agency's employees any wages or benefits afforded to its own employees. Further, each agency's responsibilities to its own employees for workplace injuries remains unchanged by this Interlocal Agreement. Page 3 of 5 XIII. Notice/Contract Representative Any notice required under this Agreement must be to the party at the address listed below and shall become effective three days following the date of deposit in the United States Postal Service. CITY OF YELM Attn: Gary Cooper Re: Interlocal Agreement with Thurston County 901 Rhoton Road SE Yelm, WA 98597 garyc@velmwa.gov; 360.458.8408 THURSTON COUNTY Attn: Brett Bures Re: Interlocal Agreement with City of Yelm 2000 Lakeridge Dr SW, Bldg 1 Yelm, WA 98502 brett.bures@co.thurston.wa.us; 360.786.5471 XIV. Records Each party shall maintain its own public records and is solely responsible for responding to records requests received about the subject matter of this interlocal. Any public records request addressed to the group as if this interlocal created a separate legal entity, must be deemed to be a request received by each member individually. Each member shall respond separately, unless agreed to otherwise in writing and properly documented. XV. Interpretation and Venue This Agreement is governed by the laws of the State of Washington as to interpretation and performance. The parties hereby agree that venue for enforcement of this agreement is the Superior Court of Thurston County. XVI. Changes, Modifications, Amendments and Waivers This Agreement may be changed, modified, amended, or waived only by written agreement executed by the parties hereto. Waiver or breach of any provision or condition of the Agreement may not be considered a waiver of any prior or subsequent breach. XVII. Signatures The parties affirm they have designated the persons below to have signature authority for the parties. By their signatures on this Agreement, the parties agree to all its provisions and conditions. Page 4 of 5 Interlocal Agreement/City of Yelm and Thurston County Page 6 of 6 Revised 7-1-2022 XVIII. Severability If any provision of this Agreement or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions, conditions or applications of this Agreement which can be given effect without the invalid provision, condition, or application. To this end the provisions and conditions of this Agreement are declared severable. XIV. Effective Date This Agreement takes effect as of the date of filing or posting as required by RCW 39.34.040 and section XI, above. CITY OF YELM THURSTON COUNTY Joe DePinto Mayor Date: Approved as to form: Brent Dille City Attorney Name Title Date: Approved as to form: x Travis Burns Deputy Prosecuting Attorney Page 5 of 5 Attachment A N010NIHSVM VMA J0 JdIO szoz/a/s :1— ._____.,----- ,,------- „............... ...... ai a mam ao o ala ININJ ^a any ob9zi xoe oa \ 1 3dtl0 3NIHSNOS Ntlld 3115 wwa .e mases V R 1Stl3 311N3AV W13AL fr� r _ f a 88 rs z y $a mo N w — m A -- o r r� 51 W— LL cc �� N� R z W02.z- 51. 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With Consolidated selling to another entity, it makes sense to replace the original franchise agreement from 1997 with a new updated agreement that will stick with the new company for years to come. ATTACHMENTS: • Ordinance 1113 • Franchise Agreement Respectfully Submitted: Cody Colt Public Services Director 11 Page CITY OF YELM ORDINANCE NO. 1113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, AUTHORIZING A TEN YEAR NON-EXCLUSIVE, FRANCHISE WITH CONSOLIDATED COMMUNICATIONS OF WASHINGTON COMPANY, LLC TO PROVIDE TELECOMMUNICATIONS SERVICES WITHIN THE CITY LIMITS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the original terms of the City of Yelm's previous agreement with Consolidated Communications of Washington Company, LLC, respectively, have expired; and WHEREAS, the City and Consolidated Communications of Washington Company, LLC, desire to have telecommunications provided for the current and future citizens and businesses of the City; and WHEREAS, Consolidated Communications of Washington Company, LLC, currently is a direct, wholly-owned subsidiary of Consolidated Communications of Comerco Company ("CCCC") and pursuant to a Purchase and Sale Agreement dated July 10, 2023 NextCape LLC, will acquire all issued and outstanding interests in CCCC, and indirectly all of the issued and outstanding interests of Consolidated Communications of Washington Company, LLC (the "Transaction"). WHEREAS, Upon completing the Transaction, Consolidated Communications of Washington Company, LLC, under the ownership of NextCape LLC, will continue to be the telecommunications provider operating telecommunications facilities and serving customers in the City; and WHEREAS, The City and Consolidated Communications of Washington Company, LLC, desire to formalize their cooperative and mutually beneficial relationships for the provision of telecommunications with the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Grant of Franchise. The Mayor is authorized to execute a non-exclusive Franchise Agreement with Consolidated Communications of Washington Company, LLC to provide telecommunications service for a period of ten (10) years within the City of Yelm on the terms and conditions set forth in the Franchise Agreement attached hereto as Exhibit 1. Section 2. Effective Date. This Ordinance shall be in full force and effect five (5) days after its publication as provided by law. A summary of this Ordinance may be published in lieu of publishing the Ordinance in its entirety. The "Effective Date" of the Franchise Agreement, however, shall be the date on which Consolidated Communications of Washington Company, LLC has executed and filed with the City Clerk a form signifying its acceptance of the terms and conditions of the Franchise agreement, per YMC 15.86.070(A). The Franchise Agreement shall be of no force or effect if Consolidated Communications of Washington Company, LLC fails to file its written acceptance within 30 days of the date of publication of this Ordinance. Section 3. Severability If any section, sentence, clause or phrase of this Ordinance and Franchise Agreement is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutional shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance and Franchise Agreement. Adopted by the Yelm City Council at the regular meeting this 26th day of March, 2024. Joe DePinto, Mayor ATTEST: Kathy Linnemeyer, City Clerk PUBLISHED: EFFECTIVE DATE: EXHIBIT 1 To City of Yelm Ordinance No. 1113 TELECOMMUNICATION FRANCHISE AGREEMENT This Telecommunications Franchise Agreement ("AGREEMENT" or "FRANCHISE") is entered into by and between Consolidated Communications of Washington Company, LLC ("FRANCHISEE") and the municipal corporation of the City of Yelm, Washington ("CITY"). RECITALS WHEREAS, the CITY recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the needs within the CITY for all parcels located within the CITY. The coordination, planning, and management of the CITY'S rights-of-way is necessary to ensure that the burden of costs for the operations of non -municipal interests are not borne by the citizenry; and WHEREAS, the CITY has determined that the development of a comprehensive plan for rights-of-way use, and management is the most effective means for managing the current use of rights- of-way and ensuring prudent and appropriate decisions concerning the use of rights-of-way in the future; and WHEREAS, as a result of a series of prior transactions and intra -corporate restructuring, FRANCHISEE became the successor -in -interest to prior certificates, franchises, licenses, and agreements originally held by Yelm Telephone Company, Inc. and has provided telecommunications services within the City and deployed its telecommunications facilities in the public right-of-way within the City; and WHEREAS, Franchisee is an Incumbent Local Exchange Carrier authorized to provide telecommunications services in the state of Washington pursuant to an Order issued by the Washington Utilities and Transportation Commission; and WHEREAS, FRANCHISEE currently is a direct, wholly-owned subsidiary of Consolidated Communications of Comerco Company ("CCCC"). CCCC is a Washington corporation and a direct, wholly-owned subsidiary of Consolidated Communications, Inc. ("CCI"), a Washington corporation. CCI provides broadband and communications services to residential and commercial customers and other carriers in over 20 states through its operating subsidiaries, including CCWC in Washington; and WHEREAS, pursuant to a Purchase and Sale Agreement dated July 10, 2023 by and between Consolidated Communications, Inc. and NextCape LLC, NextCape, LLC will acquire all issued and outstanding interests in CCCC, and indirectly all of the issued and outstanding interests of FRANCHISEE (the "Transaction"). The Transaction is expected to be completed upon certain conditions prescribed in the Agreement, and currently is expected to occur early in the second quarter of 2024; and WHEREAS, Following the Transaction, FRANCHISEE will continue to be a direct wholly-owned subsidiary of CCCC and will be an indirect, wholly-owned subsidiary of NextCape. NextCape is indirectly, wholly-owned by Palisade Diversified Infrastructure Fund No. 3 ("PDIF3"), an Australia infrastructure fund, and is indirectly owned by funds managed by Palisade Americas Management, LLC ("PAM") and Palisade Investment Partners Limited ("PIPL"), an Australia specialist infrastructure investment manager, and WHEREAS, FRANCHISEE is and, after completion of the Transaction, will remain the telecommunications provider operating telecommunications facilities and serving customers in the City. The 1 legal name of FRANCHISEE may change shortly after completion of the Transaction. To the extent a change in legal name occurs, FRANCHISEE will notify the City of the change; and WHEREAS, FRANCHISEE has determined that it is in its best interests to move forward with the installation and maintenance of telecommunications facilities within the public rights-of-way of CITY. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 1. Non-exclusive Franchise Granted. CITY hereby grants to FRANCHISEE, subject to the conditions prescribed in this AGREEMENT, a franchise to use and occupy the CITY -owned rights- of-way ("FRANCHISE AREA"). Such franchise shall not be deemed to be exclusive to FRANCHISEE and shall in no way prohibit or limit the CITY's ability to grant other franchises, permits, or rights along, over, or under the areas to which this FRANCHISE has been granted to FRANCHISEE; provided that, any other franchise(s) do not unreasonably interfere with FRANCHISEE'S exercise of its franchise. This FRANCHISE shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent, the CITY from using the FRANCHISE AREA or affect the CITY'S jurisdiction over any area in any way. Section 2. Authority. The CITY'S Public Services Director or his/her designee is hereby granted the authority to administer and enforce the terms and provisions of this FRANCHISE and may develop such rules, policies, and procedures, as he/she deems necessary to carry out the provisions contained herein. Section 3. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this FRANCHISE: A. Permit Required — No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the FRANCHISE AREA without first obtaining a permit to perform such work from CITY'S Public Services Department and paying any applicable fees as may be lawfully required by the CITY. FRANCHISEE and any person acting on the FRANCHISEE'S behalf, shall not commence any nonemergency work involving undergrounding, excavation or obstructing in or about the rights-of-way without five working days' advance written notice to the CITY. Any private property owner whose property will be affected by FRANCHISEE'S work shall be afforded the same notice. B. Coordination — All work and inspection shall be coordinated with the Engineering Division of CITY'S Public Services Department to ensure consistency with CITY'S infrastructure, CITY'S future capital improvement projects, all developer improvements, and pertinent codes and franchises. By February 1st of each year, FRANCHISEE shall provide the city administrator or designee with a schedule of their planned construction activities which may affect the rights-of-way for that year. FRANCHISEE shall meet with the city, other FRANCHISEES and users of the rights-of-way annually or as determined by the city to schedule and coordinate construction. All construction locations, activities and schedules shall be coordinated, as ordered by the city administrator or designee, to minimize public inconvenience, disruption or damages. C. Construction Standards — Any construction, installation, maintenance, and restoration activities performed by or for FRANCHISEE within the FRANCHISE AREA shall be conducted and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, traffic control and restoration activities shall be conducted so as to conform to CITY'S most -current standards in effect at the time that such activities take place, and as may be detailed in a Manual on Accommodating Utilities. FRANCHISEE shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. D. Undergrounding — The parties agree that this FRANCHISE does not limit the CITY'S authority under federal law, state law or local ordinance, to require the undergrounding of utilities or other facilities. FRANCHISEE shall not be required to convert existing facilities or install new facilities underground in any areas where other service providers (e.g., power, cable, telecommunications, etc.) have aerial facilities. E. Removal or Abandonment — Upon the removal from service of any telecommunication components or other associated structures, facilities and amenities, FRANCHISEE shall comply with all applicable standards and requirements prescribed by CITY'S Public Services Department for the removal or abandonment of said structures and telecommunication service facilities. F. "One -Call" Location & Liability — CITY will not locate private infrastructure. The "One -Call" locate will be the responsibility of the FRANCHISEE. G. As -Built Plans Required — FRANCHISEE shall present as -built plans to be inspected and approved by CITY'S Public Services Director or his/her designee. H. Protect Public Interest — FRANCHISEE understands and agrees that the Yelm Municipal Code incorporates provisions necessary to protect the public interest and investment with regard to utilization of CITY -owned roads and rights-of-way. L Relocation — Whenever CITY determines that it is necessary for any of FRANCHISEE'S facilities, or for other system components, to be moved or relocated to accommodate the construction, or enhancement of any CITY -owned public amenity in the FRANCHISE AREA, CITY shall notify FRANCHISEE in writing of such determination, and FRANCHISEE shall promptly submit plans for such relocation. Within sixty (60) days (or a longer period if mutually agreed upon by the FRANCHISEE and CITY) of the approval by CITY of the plans for relocation, FRANCHISEE shall relocate those facilities or structures designated by CITY. The costs of moving or relocating FRANCHISEE facilities or structures, including but not limited to costs for design, engineering and construction is the responsibility of FRANCHISEE. Section 4. Franchise Compliance. 3 A. Franchise Violations — The failure by FRANCHISEE to comply fully with any of the provisions of this AGREEMENT may result in a written notice from CITY, which describes the violation(s) and requests remedial action within thirty (30) days of receipt of such notice. If FRANCHISEE has not attained full compliance at the end of the thirty (30) day period following receipt of the violation notification, CITY may declare an immediate termination of all franchise rights and authority, provided that full compliance was reasonably possible within that thirty (30) day period. The demonstration of due diligence on the part of FRANCHISEE may be grounds for the grant of an extension in the period during which compliance is to be attained; provided that, FRANCHISEE continues to pursue correction of any violation(s) of the AGREEMENT that are or were noted by CITY. B. Emergency Actions — If any of FRANCHISEE'S actions, or any failure by FRANCHISEE to act, to correct a situation caused by FRANCHISEE is deemed by CITY to create a threat to life or property, CITY may order FRANCHISEE to immediately correct said situation threat or, at CITY'S discretion, CITY may undertake measures to correct said situation threat itself, provided that, when possible, CITY shall notify FRANCHISEE of said threat and give FRANCHISEE an opportunity to correct said threat before undertaking such measures itself. FRANCHISEE shall be liable for all costs, expenses, and damages attributable to the correction of such an emergency situation as undertaken by CITY to the extent that such situation was caused by FRANCHISEE, and shall further be liable for all costs, expenses, and damages resulting to CITY from such situation and any reimbursement of such costs to CITY shall be made within thirty (30) days of written notice of the completion of such action or determination of damages by CITY. The failure by FRANCHISEE to take appropriate action to correct a situation caused by FRANCHISEE and identified by CITY as a threat to public or private safety or property shall be considered a violation of this FRANCHISE and each day that such a situation continues to exist and FRANCHISEE fails to take appropriate action to abate said situation shall be regarded as a separate violation. In the event of an unexpected repair or emergency, FRANCHISEE may commence such repair and emergency response work as required under the circumstances, provided that FRANCHISEE shall notify the CITY'S public works director as promptly as possible before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable. C. Other Remedies — Nothing contained in this FRANCHISE shall limit CITY'S available remedies in the event if FRANCHISEE fails to comply with the provisions of this FRANCHISE, including but not limited to, CITY'S right to sue for specific performance and/or damages. D. Removal of System — In the event that this FRANCHISE is terminated as a result of violation(s), FRANCHISEE shall at its sole expense, promptly remove all components and facilities, provided that, CITY, at its discretion, may allow FRANCHISEE to abandon its facilities in place. Section 5. Insurance. FRANCHISEE shall present to CITY proof that FRANCHISEE has (1) general liability insurance in the amounts specified in the City Code Section 6. Other Permits & Approvals. Nothing in this FRANCHISE shall relieve FRANCHISEE from any obligation to obtain approvals or necessary permits from applicable federal, state, and CITY authorities for all activities in the FRANCHISE AREA. Section 7. FRANCHISEE'S Successors. Notwithstanding Yelm Municipal Code 15.72.220, the rights, privileges, benefits, title, or interest provided by this FRANCHISE shall automatically transfer to any assign(s) or successor(s) in interest of FRANCHISEE and, in such event, each instance of the word and reference to the position of "Franchisee" within this AGREEMENT shall henceforth be read, construed and interpreted as stating the name of the successor(s). It is the intent of FRANCHISEE and CITY for this section to control over any contrary provisions of law, including the Yelm Municipal Code. Provided, however, that FRANCHISEE shall notify CITY of any subsequent proposed change in, transfer of, or acquisition by any other party of control of FRANCHISEE and request approval of such in accordance with Yelm Municipal Code 15.72.230. Section 8. Franchise Term. The franchise rights and authority granted by this FRANCHISE shall remain in full force and effect for a period of ten (10) years from the effective date of this FRANCHISEE and will be renegotiable at the end of that time. Section 9. Administrative Fees. (NOT APPLICABLE) Section 10. Franchise Fee. (NOT APPLICABLE) Section 11. Capacity for CITY Use. As long as FRANCHISEE is in compliance and good standing with CITY, any new expansion into a new service area within the City of Yelm will be subject to substantially the same terms and conditions set forth in this FRANCHISE and such permission will be given within sixty (60) days following notice by FRANCHISEE to CITY'S Public Services Director. However, if FRANCHISEE is not in compliance and good standing with CITY, prior to expanding into a new service area within the City of Yelm, FRANCHISEE shall contact CITY'S Public Services Department and provide notice of the proposed area of expansion and negotiations shall then occur between FRANCHISEE and CITY on specific public benefit projects within the proposed expanded service area. FRANCHISEE and CITY will agree on the specific public benefit within the proposed expanded service area prior to FRANCHISEE obtaining a right-of-way use permit for action within the expanded service area. Section 12. Notices. Any notices to be served upon CITY or FRANCHISEE shall be delivered to the following addresses respectively: CITY: City of Yelm ATTN: Public Services Director 901 Rhoton Road Yelm, WA 98597 FRANCHISEE: Consolidated Communications of Washington, LLC ATTN: Contracts Department 2116 South 171h St. Mattoon, IL 61938 Section 13. Claims for Damages. In the construction, installation, repair, operation, and maintenance of its structures and facilities, neither FRANCHISEE nor or any person acting on a FRANCHISEE'S behalf shall take any action or permit any action to be done which may impair or damage any rights- of -way, or other property located in, on or adjacent thereto except in accordance with Yelm Municipal Code 15.72.130. FRANCHISEE shall indemnify, hold harmless, and also defend CITY and its officers, agents, employees, insurers and liability risk pools from all claims, actions or damages of every kind or description, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of FRANCHISEE, its officers, agents, employees and contractors, carried on in the furtherance of the rights, benefits, and privileges granted to FRANCHISEE by this FRANCHISE. In the event any claim or demand is presented to or filed with the CITY which gives rise to FRANCHISEE'S obligation(s) pursuant to this section, CITY shall within a reasonable time notify FRANCHISEE thereof and FRANCHISEE shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which CITY is named as a party, and which suit or action is based on a claim or demand which gives rise to FRANCHISEE'S obligation(s) pursuant to this section, CITY shall promptly notify FRANCHISEE thereof, and FRANCHISEE shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, FRANCHISEE may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require FRANCHISEE to: (i) protect and save CITY harmless from any claims, actions, or damages; (ii) settle or compromise any claim, demand, suit, or action; (iii) appear in or defend any suit or action; or, (iv) pay any judgment or reimburse the CITY'S costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the sole negligence of CITY. To the extent of any concurrent negligence between FRANCHISEE and CITY, FRANCHISEE'S obligations under this section shall only extend to its own share of negligence or fault. CITY shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this FRANCHISE when CITY determines that such participation is required to protect the interests of CITY or the public. Such participation by CITY shall be at CITY'S sole cost and expense. Section 14. Severability. If any section, sentence, clause, or phrase of this FRANCHISE is held to be invalid or unconstitutional by a court of competent jurisdiction, CITY may, at its sole discretion, deem the entire FRANCHISE to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this FRANCHISE is invalid or unconstitutional, CITY may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this FRANCHISE; provided that, if CITY elects to enforce the remaining provisions of the FRANCHISE, FRANCHISEE shall have the option to terminate the FRANCHISE. Section 15. Indemnification. FRANCHISEE, and each of its successors and assigns, agrees and covenants to indemnify and hold harmless CITY from and against any and all liability, loss, cost, damages, whether to persons or property, or expense of any type or nature, including reasonable attorney's fees and expert witness fees, to the extent it arises from any negligent act or omission or willful misconduct of FRANCHISEE or one of its successors or assigns, arising from or connected to work under this FRANCHISE; provided however, that in case any suit or action is instituted against CITY by reason of any such damage or injury, CITY shall: (i) cause written notice thereof to be given unto FRANCHISEE; (ii) provide all reasonably requested assistance in defense or settlement of such claim at FRANCHISEE'S expense; and, (iii) retain the right to control the defense of settlement or such claims. Section 16. Effective Date. This FRANCHISE shall take effect and be in full force and effect after approval of the City of Yelm City Council via an Ordinance. C: Section 17. Other Conditions. (None) This FRANCHISE is not valid until accepted and signed by FRANCHISEE DATED this 26th day of March 2024, at Yelm, Washington. YELM CITY Mayor By: Mayor Joe DePinto City of Yelm Date: 3/26/2024 YELM CITY CLERK By: Kathy Linnemeyer City of Yelm Date: 3/26/2024 YELM CITY ATTORNEY By: Brent Dille City of Yelm Date: 3/26/2024 CONSOLIDATED COMMUNICATIONS OF WASHINGTON COMPANY. LLC (FRANCHISEE) UBI No. 604-378-974 ma Michael J. Shultz Senior Vice President Regulatory & Public Policy Date: 8 Handed out by Chris Woods during Public s WHY DO WE N E E D A LE v I comment, 03-26-2024 Regular Meeting Yelm Community School voters in Thurston and Pierce Counties are asked to consider the replacement EP&O levy to fund essential services and operations not funded by the state or federal government. This replacement levy is not a new tax and will continue to fund essential programs and services so all students, starting in Pre -K, are on a path to on-time graduation, continuing education and work. The levy is 13% of the district's budget or $15,300,000 (including the loss of $21VI in Local Effort Asssitance) which includes staff and resources in the displayed areas. I AY'H & AC' The School Board of Directors has approved the EP&O Levy at a reduced rate of $2.25 per $1000 of assessed property value, reducing the total amount of local funds that can be collected each year for the TEACHING next four years. This will still & LEARNING require some cuts to the budget as costs continue to increase. WHAT IS AT RISK IF WE FAIL THE LEVY I ES 73°n & 4E0V1I0,.4.ir:V The state doesn't fully fund all staff and related costs to provide the services needed by our students. Special education services are required by the state and federal laws, but the state funding falls short. Without a levy, the $2.3M previously charged to the levy will come out of basic education funds. Below is a projection of which programs, staff and services may be impacted if the levy fails. Staffing, Program and Service Reductions Amount Instructional Student Programs and Supports (ie. Administrators, Advanced Academics, AVID, Dual Credit, instructional technology, library programs, para educators, teachers, $5,058,240 textbooks/curriculum, Transitional Kindergarten and programs including multi -language, military family and STEM nights) Arts, Career & Technical Education, Leadership, World Language & Elective Programs $2,318,408 Increase Class Sizes (due to reduction in staffing) $2,300,000 Extracurricular Athletics, Activities & Field Trips (ie. coaches, advisors, officials, equipment, $1,700,000 uniforms, transportation) Social, Emotional and Behavior Supports and Student Interventions (ie. counselors, $1,213,220 mental health specialists, outreach specialists, social workers, restorative coordinators) Maintenance of Facilities, Grounds and Technology Scaled to Essential Operations $1,145,000 Professional Develop1111111­ ment (ie. instructional coaches, training, contracted support and travel) $ 742,000 Health & Safety (ie. nurses, health room, security and school resource officers/SROs) $ 493,000 Summer School $ 30,000 91 Eil LEARN MORE AT: www.ycs.wednet.edu/levy2024 WHAT WILL BE THE TAX RATE? A levy is raised for a specific dollar amount. The school district cannot collect more money than what is approved by voters. As the community grows, taxes are shared across the overall community and may reduce the dollar per thousand of assessed property value. In addition, a property owner's tax rate will not be more than $2.25 per thousand assessed value if property value declines. Below is an estimate based on 4% assessed property value growth. Visit our website to use the tax calculator to personal- ize your projected tax rate. TILL 2020 - 2024 Levy Requested. $2.50 "2024Actua PV - $500,000 Yearly Amount - $1,650 Estimated 4`la Growth in Property Value r • i 2025-2028 Levy Requesting: $2.25 FV Maximum PV - $520,000 Yearly Amount - $1,768 Mark your calendars! Superintendent Chris Woods will be hosting five open foie uunris for the community. We encourage you to attend a meeting, learn how students and the community are impacted by levy funding and ask questions. 11 Ari19 ,: U = YELM CINEMAS April 9 12:00 pm YELM CINEMAS April 9 6:00 pm YELM CINEMAS April 10 6.00 pm MCKENNA ELEMENTARY it Aril 11 6:90 pm LACKAMAS ELEMENTARY 2 „ 920 Additional information is available on our website at www.ycs.wednet.edu or scan the QR code provided. A video has been posted along with frequently asked questions. We are here to answer your questions! Notice of Non -Discrimination: Yelm Community Schools does not discriminate in any programs, activities or employment opportunities on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal and provides equal access to the Boy Scouts and other designated youth groups. The following employees have been designated to handle questions and complaints of alleged discrimination: Civil Rights: Doyle Buckingham, 360.458.1800, doyla_buckingham@ycs.wednet.edu; Title IX Coordinator: Lisa Cadero-Smith, 360.458.6120, lisa_cadero-smith@ycs.wednet.edu; and 504 Coordinator: Shannon Powell, 360.458.6124, shannon_powell@ycs.wednet.edu. n.l doe. 1n7 Ota ' cF M on ane A79 Vc1— torn aG4o7