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07 09 2024 Yelm City Council Agenda Packetrt� EST. 1924 WASHINGTON CITY COUNCIL AGENDA July 9, 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. https://us06web.zoom.us/webinar/register/WN F3ztmfzRTDC1y-93 Ym2i0 1. CALL TO ORDER/ROLL CALL 2. AGENDAAPPROVAL 3. SPECIAL PRESENTATIONS a) Prairie Line Trail Phase 213 Updates 4. PUBLIC COMMENT—COMPLETE A BLUE SPEAKER'S CARD OR RAISE HAND VIRTUALLY 5. CONSENTAGENDA a) June 25, 2025 Regular Meeting Minutes 6. NEW BUSINESS a) Region 3 Mutual Aid Omnibus Agreement Motion to authorize Mayor DePinto to sign the Region 3 Mutual Aid Omnibus Agreement. b) Resolution No. 648 A Resolution of the City of Yelm, Washington, providing for the submission to the qualified electors of the City of Yelm, at the November 5, 2024 General Election, a proposition asking qualified voters to approve a construction bond, not to exceed $10,000,000 over 28 years. 7. OLD BUSINESS — 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 — NONE SCHEDULED 12. ADJOURN 106 2nd ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider 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 MEETING MINUTES VIRTUAL AND IN PERSON TUESDAY, June 25, 2024 Call to Order: Mayor Joe DePinto called the meeting to order at 6:00 PM. Roll Call: Tracey Wood, Joseph Richardson, Joshua Crossman, Stephanie Kangiser, Brian Hess, Trevor Palmer, Terry Kaminski, and Mayor Joe DePinto. Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, Finance Director Stephanie Nanavich, City Engineer Pat Hughes and Public Services Director Cody Colt. APPROVAL OF THE Motion by Brian Hess to approve the agenda. CONSENT AGENDA: Seconded by Trevor Palmer Motion carried 7-0 PUBLIC COMMENT: Steve Kline spoke against removing the Library Advisory Board from the Yelm Municipal Code. Nathanial Ramos library manager for Yelm Timberland Library spoke against removing the Library Advisory Board from the Yelm Municipal Code. Allyn Verbal spoke on Ordinance No. 1116 removing the Library Advisory Board and the Homelessness Committee from the Yelm Municipal Code. Public written comment was received by email from Susan LeFurgey on June 25, 2025, at 2:46 PM against removing the Homelessness Committee from Yelm Municipal Code. The written comment was provided to Councilmembers at the meeting, provided to Councilmembers by email prior to the meeting and added to the Agenda Packet as an official record. CONSENT AGENDA: a) June 4, 2024 Study Session and June 11, 2024 Regular Meeting Minutes b) April 2024 Check Register & Position Summary Motion by Brian Hess to approve the consent agenda. Seconded by Trevor Palmer Motion carried 7-0 NEW BUSINESS: Resolution No. 647 — Adopt 2025-2030 Six -Year Transportation Improvement Program Motion by Joshua Crossman to approve Resolution No. 647 establishing the 2025-2026 Six -Year Transportation Improvement Program. Seconded by Trevor Palmer Motion carried 7-0 Ordinance No. 1116 Repealing Chapter 2.36 and Chapter 2.63 from the Yelm Municipal Code Motion by Joshua Crossman to approve Ordinance No. 1116 repealing Chapter 2.36 Homelessness Committee and Chapter 2.63 Yelm Library Advisory Board from the Yelm Municipal Code. Seconded by Trevor Palmer Motion carried 5-2 with a roll call vote Ordinance No. 1117 Amending Gambling Tax Motion by Trevor Palmer to approve Ordinance No. 1117 updating Yelm Municipal Code Title 3.40 to amend tax rate on punch boards and pull tabs and require supporting documentation to return form. Seconded by Tracey Wood Motion carried 7-0 STANDING COUNCIL COMMITTEE REPORTS: Public Services Committee - Councilmember Crossman announced that the Public Services Committee met and discussed Rhoton Road updates, Central Business District (CBD) zoning changes and a concept for a veteran's memorial park. General Government Committee - Councilmember Kangiser reported that Mayor DePinto announced Councilmember Kangiser will be the Chair of the General Government Committee. The committee discussed expectations, future agenda items and will be reviewing and making recommended updates to the Mayor/Councilmember Handbook. MAYOR/CITY ADMINISTRATOR/STAFF REPORTS: City Administrator Stancil - Yelm Municipal Court will be holding court on Tuesday next week, Police Department will be holding detective testing and has been busy with Prairie Days, HR Department is continuing to work on union negotiations, IT Department will install the new reader board soon, Public Services is working on Prairie Days and the parking lot will be completed soon and the Finance Department is working on the 2025/2026 budget calendar. He expressed deep appreciation for everyone who was involved in Prairie Days. Mayor DePinto -Thanked everyone for all the work that went into Prairie Days and attended the AWC Annual Conference. COUNCILMEMBER REPORTS: Councilmember Wood — Attended the AWC Annual Conference and participated in the Prairie Days parade. Councilmember Crossman — Attended the trail ribbon cutting, South Thurston Economic Development Initiative (STEDI) meeting and Prairie Days. Councilmember Kangiser —Attended the trail ribbon cutting and Prairie Days. Councilmember Hess —Attended Intercity Transit meeting and Prairie Days. He stated that it is good to see the parking lot completed and that Line did a good job on Prairie Days. Councilmember Palmer — Thanked the City Staff and Police Department for all the work on Prairie Days. Councilmember Kaminski —Attended the trail ribbon cutting, Prairie Days and a White- water rafting trip with the Nisqually Tribe. ADJOURNMENT: Motion by Tracey Wood to adjourn the meeting at 6:48 PM. Seconded by Joshua Crossman Motion carried 7-0 Joe DePinto, Mayor Kathy Linnemeyer, City Clerk City Of Yet EST, 1124 WASHINGTON Meeting Date: July 9th, 2024 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: REGION 3 MUTUAL AID OMNIBUS AGREEMENT PROPOSED MOTION: Motion to authorize Mayor DePinto to sign the Region 3 Mutual Aid Omnibus Agreement. KEY FACTS AND INFORMATION SUMMARY: The Region 3 Mutual Aid Agreement is made and entered into by counties, cities, tribes, political subdivisions and state institutions of higher education located in Washington State Homeland Security Region 3 counties. The counties are comprised of Grays Harbor, Lewis, Mason, Pacific and Thurston. The original 5 year agreement, dated January 10, 2019, was established due to expressed interest from the members to facilitate supplies and services to other members in the event of an emergency. The original agreement expired on January 2024 requiring the 6 month extension which was signed by Mayor DePinto with Councils authorization on January 23rd, 2024. The 6 month extension bridged the gap between the original agreement and the newly revised 5 year agreement, which is has been completed and being presented for authorization of Mayor DePinto' s signature. ATTACHMENTS: • Region 3 Mutual Aid Omnibus Agreement Respectfully Submitted: Rob Carlson Chief of Police 11 Page Region 3 Mutual Aid Agreement Omnibus Agreement This OMNIBUS AGREEMENT is made and entered into by the undersigned counties, cities, tribes, political subdivisions, special purpose districts, and state institutions of higher education located in or contiguous with the Washington State Homeland Security Region 3 counties of Grays Harbor, Lewis, Mason, Pacific, and Thurston — hereafter referred to as "Members" - to enable them to provide assistance to each other as requested. WHEREAS, the Members have expressed a mutual interest in the establishment of an Omnibus Agreement to facilitate and encourage assistance among Members to this agreement; and WHEREAS, in the event of an emergency, a Member to this Omnibus Agreement may need assistance in the form of personnel, equipment, materials or other resources to support emergency activities; and WHEREAS, each Member may own and maintain resources for a variety of public and emergency services and may, under certain conditions, lend its resources to other Members in the event of an emergency; and WHEREAS, the formation of Region 3 is facilitated for the purpose of joint participation in the Homeland Security and Emergency Management all -hazards planning and preparedness programs to beneficial support for preparedness, response and recovery; and WHEREAS, in order to provide coordinated response and mutual aid between participating agencies to this agreement during emergencies or disasters; and NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, each undersigned Member agrees as follows: Article 1 - APPLICABILITY This Omnibus Agreement is available for execution to all counties, cities, tribes, political subdivisions, special purpose districts and state institutions of higher education located within, or contiguous with, the counties mentioned above. Execution of this Omnibus Agreement shall occur when the Member signs an identical version of this Omnibus Agreement. Article 2 - DEFINITIONS A. Assistance means employees, services, equipment, materials, or supplies offered during incidents, emergencies or disasters by the Lender and accepted Homeland Security Region 3 Mutual Aid Omnibus 2024 11 P a g e by the Borrower to assist in maintaining or restoring normal services when such service has been disrupted by acts of the elements, equipment malfunctions, accidents, terrorism/sabotage and other occurrences where assistance from other Members is necessary or advisable, as mutually determined by the lending Member and requesting Member. Assistance may also be offered to support training, drills and exercises. B. Assistance Costs means any expenses that extend beyond the first eight (8) hours (usual and customary costs) incurred by the Lender in providing any asset requested. After eight (8) hours, the borrower incurs all costs associated with the borrowed asset(s). For this Agreement, the computation of time begins when the lending agency agrees to provide resources by mobilizing the same. Further agreements regarding costs are addressed herein in Article 11, "Payment for Services and Assistance". C. Borrower means a member county, city, tribe, other political subdivision, special purpose districts, or state institution of higher education that has adopted, signed and subscribes to this Omnibus Agreement, has made a request for Emergency Assistance, and has received commitment(s) to deliver Emergency Assistance pursuant to the terms of this Omnibus Agreement. D. Contact Person(s) means the person or persons designated by each Member to request Emergency Assistance from or grant Emergency Assistance to another Member pursuant to the terms of this Omnibus Agreement. E. Counterparts: This Agreement may be executed in counterparts and by facsimile signature with the same force and effect as if all original signatures were set forth in a single document. The Regional Lead Coordinating Agency shall maintain an original and/or a copy of each signature sheet for each participant. F. Desi iiateti reL)resentativ e shall be identified and designated by each Member to serve as the representative of their respective Member in any meeting to work out the language or implementation issues of this Omnibus Agreement. G. Emergency includes, but is not limited to, any human -caused or natural event or circumstance within the area of operation of any participating Member causing or threatening loss of life, damage to the environment, injury to person or property, human suffering or financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contamination, utility or transportation emergencies, disease, infestation, civil disturbance, riots, act of terrorism or sabotage; said event being or is likely to be beyond the capacity of any affected Member or Members, in terms of personnel, equipment and facilities, thereby requiring assistance. Homeland Security Region 3 Mutual Aid Omnibus 2024 2 1 P a g e County, in the absence of a regional organization. This agency shall maintain records, lists, etc. relative to this Omnibus Agreement. R. Resources includes personnel, equipment, teams, supplies, and facilities available or potentially available for assignment to incident operations and for which status is maintained. Resources are described by kind and type and may be used in operational support or supervisory capacities at an incident or at an EOC. S. Termination Date is the date upon which this Agreement terminates pursuant to Article 29, herein. Article 3 - PARTICIPATION Participation in this Omnibus Agreement is purely voluntary. Execution of this Agreement is therefore not legally binding on a Member until the Member agrees to become a lender or borrower in accordance with its terms. No Member shall be liable to another Member for, or be considered to be in breach of or default under this Omnibus Agreement on account of any delay in or failure to perform any obligation under this Omnibus Agreement, except to make payment if applicable, as specified in Article 11 of this Omnibus Agreement. However, Members who execute the Omnibus Agreement will: A. Ensure that other Members have their organization's most current Emergency Contact Information and possess a good understanding about how to request assistance under this Agreement. B. Participate in scheduled meetings, coordinate training, as well as plan for operations and implementation issues to the extent possible. C. Operate under the principles of the National Incident Management System (NIMS) and the Incident Command System (ICS). Article 4 - ROLE OF DESIGNATED REPRESENTATIVE OF MEMBERS Members agree to identify a Designated Representative who shall serve on behalf of their respective Member to clarify language or implementation issues of this Omnibus Agreement. The Designated Representative of each Member shall: A. Participate in any meetings convened on the implementation of this Omnibus Agreement. B. Obtain and communicate to relevant Member departments the discussion items and decisions of the meeting, as they bear on interoperability among Homeland Security Region 3 Mutual Aid Omnibus 2024 4 1 P a g e H. L:niert ency Contact 1nlorntation Dorm is the form to be submitted to the Regional Lead Coordinating Agency and Designated Representative by each Member listing names, addresses, and 24-hour phone numbers of the Contact Person(s) of each Member. Alternatively, the phone number of a dispatch office JtaflGd G4 hours CL day that can reach the Contact Person(s) is acceptable. I. Event refers to an incident, emergency, disaster, training, drill or exercise which causes a Borrower to request assistance from a Lender under this Omnibus Agreement. Execution means an action, whereupon the occurrence of which comes after a Member has followed an approved legal process. K. Institution of higher education means a state university, regional university, The Evergreen State College, community college, or technical college authorized iinder Title. 28B RCW of the State of Washington- Higher F,ducation. L. Lender means a Member who has subscribed to this Omnibus Agreement and has agreed to deliver assistance to another Member pursuant to the terms and conditions of this Omnibus Agreement. M. Omnibus Agreement means identical agreements executed in counterparts, which bind the executing Member to its terms and conditions to provide and receive assistance. The terms and conditions of the Omnibus Agreements are all identical and the execution of an Omnibus Agreement by a Member binds that Member to all other Members who have executed an identical Omnibus Agreement in counterparts. To be effective for purposes of receiving assistance, this Omnibus Agreement must be fully executed and received by the Subscribing Member's Designated Representative. N. Member as a term used in this Agreement refers to any function, agency, department, county or city government and their departments and agencies, tribes, other political subdivisions, and state institutions of higher education, including, but not limited to, Law Enforcement, Fire Service, Public Works, Health Services, Social Services, Building Officials, Engineers, Information Services, Adult Detention, and Craft or Tradesmen. O. Political Subdivision includes, but is not limited to, any county, city or town, tribe, fire district, port, public utility district, or school district. P. 1�eLional I,ead (Ioordinating Agency is designated as the Homeland Security Region 3 Coordinator. Thurston County shall serve as the Regional Lead Coordinating Agency. Q. 1Zepusitory A ,,cncy is the Regional Lead Coordinating Agency, or Thurston Homeland Security Region 3 Mutual Aid Omnibus 2024 3 1 P a g e Article 6 - GENERAL NATURE OF ASSISTANCE Assistance shall be in the form of resources, such as equipment, supplies, and personnel or the direct provision of services. The execution of the Omnibus Agreement shall not create any duty to respond on the part of any Member. A Member shall not be held liable to any other Member for failing to provide assistance. A Member has the absolute discretion to decline to provide any requested assistance and to withdraw resources it has provided at any time without incurring any liability. Resources are "borrowed", with reimbursement (if applicable) and terms of exchange varying with the type of resource as defined in Articles 7 and 8. The Members hereto recognize that time is critical during an emergency and diligent efforts shall be made to respond to a request for resources as rapidly as possible, including any notification(s) that requested resources are not available. A subscribing Member maintains the option of submitting a request for assistance directly to the State or Federal government or through any other mutual aid agreement or compact the Member agency is party to. Article 7 - MANAGEMENT OF RESOURCES At the sole discretion of the Lender, resources may be made available upon request of a Member. Resources are subject to the following conditions: A. Resources of a Lender shall continue under the command and control of the Lender, but shall be under the operational control of the appropriate officials within the incident management system of the Borrower. B. At the option of the Lender, loaned equipment may be loaned with an operator. See Article 8 for terms and conditions applicable to use of borrowed personnel. C. Loaned resource shall be returned to the Lender upon release by the Borrower, or immediately upon the Borrower's receipt of an oral or written notice from the Lender for the return of the resource. When notified to return resource to a Lender, the Borrower shall make every effort to return the resource to the Lender's possession within 24 hours following notification. D. Lender's cost related to the transportation, handling, and loading/unloading of equipment shall be borne by the Borrower unless mutually agreed upon otherwise. Lender shall provide copies of invoices for such charges where provided by outside sources and shall provide hourly accounting of charges for Lender's employees who perform such services. E. Without prejudice to a Lender's right to indemnification under Article 12, in the event loaned equipment is lost or damaged while being dispatched to Homeland Security Region 3 Mutual Aid Omnibus 2024 6 1 P a g e Members. C. Maintain a copy of this Omnibus Agreement (including amendments) and a list of the Members. D. Maintain and distribute checklists to assist Members in the planning details associated with being a Borrower or Lender under the terms of this Omnibus Agreement. E. The Designated Representative of each Member shall ensure that the Regional Lead Coordinating Agency has current Emergency Contact Information for their respective Member. F. Notify the Regional Lead Coordinating Agency in writing upon their Member's termination of participation in this Omnibus Agreement. Additional duties oft he Designated Representative from the Regional Lead Coordinating Agency: G. The Designated Representative of the Regional Lead Coordinating Agency shall maintain a master copy of the agreement and accompanying original Member signature pages. H. The Designated Representative of the Regional Lead Coordinating Agency shall ensure that each Member has a copy of the signature page of newly executed Omnibus Agreement(s). I. The Designated Representative of the Regional Lead Coordinating Agency, when requested, shall provide each Member with copies of the Emergency Contact Information Forms provided by the other Members. The Designated Representative of the Regional Lead Coordinating Agency shall notify all Members whenever a Member terminates its participation in this Omnibus Agreement. Article 5 - REQUESTS FOR ASSISTANCE A Member may request assistance of other participating Members in preventing, mitigating, responding to and recovering from incidents, emergencies, disasters, or in concert with drills or exercises. Requests for assistance shall be directed to the designated contact person(s) on the contact list provided by the Members. Verbal requests shall be followed up with a written request as soon as practical or within thirty (30) days. The extent to which the Lender provides any assistance shall be at the Lender's sole discretion. In the event the emergency impacts a large geographical area that activates either Federal or State emergency laws, this Agreement shall remain in effect until or unless this Agreement conflicts with such Federal and State laws. Homeland Security Region 3 Mutual Aid Omnibus 2024 5 1 P a g e Article 8 - RECORD KEEPING Time sheets and/or daily logs showing hours worked and equipment and materials used or provided by the Lender shall be recorded on a shift -by -shift basis by the Lender and/or the loaned employee(s) and shall be provided to the Borrower as needed. If no personnel are loaned, the Lender shall provide shipping records for materials and equipment, and the Borrower is responsible for any required documentation of use of material and equipment for state or federal reimbursement. Under all circumstances, the Borrower remains responsible for ensuring that the amount and quality of all documentation is adequate to ensure proper disaster documentation. Article 9 - INDEPENDENT CONTRACTOR Lender shall be and operate as an independent contractor of Borrower in the performance of any assistance. Employees of Lender shall, at all times while providing assistance, continue to be employees of Lender and shall not be deemed employees of Borrower for any purpose. Wages, hours, and other terms and conditions of employment of Lender shall remain applicable to all of its employees who provide assistance. Lender shall be solely responsible for payment of its employees' wages, any required payroll taxes and any benefits or other compensation. Borrower shall not be responsible for paying any wages, benefits, taxes, or other compensation directly to the Lender's employees. The costs associated with borrowed personnel are subject to the reimbursement process outlined in Article 11. In no event, shall Lender or its officers, employees, agents, or representatives be authorized (or represent that they are authorized) to make any representation, enter into any agreement, waive any right or incur any obligation in the name of, on behalf of, or as agent for Borrower under or by virtue of this Omnibus Agreement. Article 10 - PAYMENT FOR SERVICES AND ASSISTANCE When a request for assistance is made, the Lender and Borrower will determine if reimbursement for services will be requested. Optimally, payment terms and conditions will be negotiated and agreed on at the time of the initial request, but if more time is necessary, any payment terms must be agreed upon within thirty (30) days of the request. In many cases, the Lender and Borrower will agree no reimbursement is necessary. If reimbursement is desired, parties will adopt Washington State and/or FEMA rate schedules. When reimbursement has been negotiated, the Borrower shall pay the Lender for all valid and invoiced Assistance Costs within sixty (60) days of receipt of the Lender's invoice. If this presents a hardship, the Borrower can make a request to the Lender to revise the payment timeframe. In the event Lender provides equipment, supplies or parts, the Lender shall have the option to accept payment of cash or in kind for the equipment, supplies or parts supplied. Verbal requests shall be followed up with a written request as soon as practical or within thirty (30) days. Homeland Security Region 3 Mutual Aid Omnibus 2024 8 1 P a g e Borrower, or while in the custody and use of the Borrower, or while being returned to the Lender, Borrower shall reimburse the Lender for the reasonable cost of repairing said damaged equipment. If the equipment cannot be repaired within a time period indicated by the Lender, then Borrower shall reimburse r Lender rloithe cost or replacing such equipment with equipment that is of equal condition and capability. Any determinations of what constitutes "equal condition and capability" shall be at the discretion of the Lender. If Lender must lease or rent a piece of equipment while the Lender's equipment is being repaired or replaced, Borrower shall reimburse Lender for such costs. Borrower shall have the right of subrogation for all claims against persons other than Members to this Omnibus Agreement who may be responsible in whole or in part for damage to the equipment. No Member shall be liable for damage caused by the sole negligence of another Member's operator(s). F. Any Lender personnel providing assistance to Borrower shall remain under the command and control of the Lender, to include medical protocols, standard operating procedures and other protocols. The organizational units shall be under the operational control of the appropriate authorities within the incident management system of the Borrower. Lender shall not be liable for cessation or slowdown of work if Lender's employees decline or are reluctant to perform any assigned tasks if said employees judge such task to be unsafe. A request for loaned personnel to direct the activities of others during a particular response operation does not relieve the Borrower of any responsibility or create any liability on the part of the Lender for decisions and/or consequences of the Borrower's response operation. When supervisory personnel are loaned, the lender may make stipulations on the scope and duties of supervisory personnel loaned. G. Any valid licenses, certifications, or other permits issued to Lender personnel by Lender or Lender's state, evidencing qualification in a professional, mechanical or other skill, may be recognized by the Borrower during the term of the event and for purposes related to the event. When notified to return personnel to a Lender, the Borrower shall make every effort to return the personnel to the Lender immediately after notification. H. The Lender must ensure that loaned personnel have the ability, skill, and certification necessary to perform the work required and may be obliged to disclose the qualification(s) and training level of personnel identified to provide assistance. I. The Members' Designated Representative shall develop planning details associated with being a Borrower or Lender under the terms of this Omnibus Agreement. Homeland Security Region 3 Mutual Aid Omnibus 2024 71 Page Member's personnel shall cooperate and participate in legal proceedings if so requested by the Borrower, and/or required by a court of competent jurisdiction. Article 12 - SUBROGATION A. BORROWER'S WAIVER. Borrower expressly waives any rights of subrogation against the Lender, which it may have on account of, or in connection with, the Lender providing assistance to the Borrower under this Omnibus Agreement. B. LENDER'S RESERVATION AND WAIVER. Lender expressly reserves its right to subrogation against the Borrower to the extent the Lender incurs any self-insured, self- insured retention or deductible loss. The Lender expressly waives its rights to subrogation for all insured losses only to the extent the Lender's insurance policies permit such waiver. Article 13 - WORKER'S COMPENSATION AND EMPLOYEE CLAIMS Lender's employees, officers or agents, made available to Borrower, shall remain the general employee of Lender while engaged in carrying out duties, functions or activities pursuant to this Omnibus Agreement, and each Member shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers' compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each Member shall provide worker's compensation in compliance with statutory requirements of the State of Washington. Article 14 - GOVERNMENTAL AUTHORITY This Agreement is subject to laws, rules, regulations, orders, and other requirements, now or as amended, of all governmental authorities having jurisdiction over the events covered by this Omnibus Agreement. A Member and its employees providing assistance under this Agreement shall be entitled to all privileges and immunities from liability as are authorized by the Washington Emergency Management Act, Chapter 38.52 RCW and Federal law. Article 15 - NO DEDICATION OF FACILITIES No undertaking by one Member to the other Member under any provision of this Omnibus Agreement shall constitute a dedication of the facilities or assets of such Member, or any portion thereof, to the public or to the other Member. Nothing in this Omnibus Agreement shall be construed to give a Member any right of ownership, possession, use or control of the facilities or assets of the other Member. Article 16 - NO PARTNERSHIP This Omnibus Agreement shall not be interpreted or construed to create an association, joint Homeland Security Region 3 Mutual Aid Omnibus 2024 10 1 P a g e Article 11 - INDEMNIFICATION AND LIMITATION OF LIABILITY A. INDEMNIFICATION. Except as provided in section B, to the fullest extent permitted by applicable law, the Borrower releases and shall indemnify, hold harmless and defend each Lender, its officers, employees and agents from and against any and all costs, including costs of defense, claims, judgments or awards of damages asserted or arising directly or indirectly from, on account of, or in connection with providing assistance to the Borrower, whether arising before, during or after performance of the assistance and whether suffered by any of the Members or any other person or entity. The Borrower agrees that its obligation under this section extends to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, the Borrower, by mutual negotiation, hereby waives, as respects any indemnity only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RC W of the State of Washington. B. ACTIVITIES IN BAD FAITH OR BEYOND SCOPE. Any Member shall not be required under'this Omnibus Agreement to indemnify, hold harmless and defend any other Member from any claim, loss, harm, liability, damage, cost or expense caused by or resulting from the activities of any Member's officers, employees, or agents acting in bad faith or performing activities beyond the scope of their training or duties. C. LIABILITY FOR PARTICIPATION. In the event of any liability, claim, demand, action or proceeding, of whatever kind or nature arising out of rendering of assistance through this Omnibus Agreement, the Borrower agrees to indemnify, hold harmless, and defend, to the fullest extent of the law, each signatory to this Omnibus Agreement whose only involvement in the transaction or occurrence which is the subject of such claim, action, demand, or other proceeding, is the execution and approval of this Omnibus Agreement. D. DELAY/FAILURE TO RESPOND. No Member shall be liable to another Member for, or be considered to be in breach of or default under this Omnibus Agreement on account of any delay in or failure to perform any obligation under this Omnibus Agreement, except to make payment as specified in this Omnibus Agreement. E. DISPUTE RESOLUTION PROCEDURES. Each Member seeking to be released, indemnified, held harmless or defended under this Article with respect to any claim shall promptly notify the Borrower of such claim and shall not settle such claim without the prior consent of Borrower, which consent shall not be unreasonably withheld. Such Member shall have the right to participate in the defense of said claim to the extent of its own interest. Homeland Security Region 3 Mutual Aid Omnibus 2024 9 1 P a g e shall not constitute or be deemed a waiver. Article 24 - SEVERABILITY Should a court of competent jurisdiction rule any portion, section or subsection of this Omnibus Agreement invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection; and all remaining portions, sections or subsections shall remain in full force and effect. Article 25 - NON EXCLUSIVENESS AND ADDITIONAL AGREEMENTS This Omnibus Agreement is not intended to be exclusive among the Members. Any Member may enter into separate assistance agreements with any other entity. No such separate agreement shall terminate any responsibility under the Omnibus Agreement. To the extent that prior agreements between Members are inconsistent with this Agreement, prior agreements for assistance between the counties, cities, tribes, other political subdivisions, or state institutions of higher education hereto shall supersede this Omnibus Agreement, until and unless any inconsistencies of the prior agreements are reconciled by the Members. Article 26 - MODIFICATIONS No provision of this Omnibus Agreement may be modified, altered, or rescinded by any individual Member without 2/3 affirmative concurrence of the Members to this Agreement. Modifications to this Omnibus Agreement must be in writing, must be approved by a 2/3 affirmative vote of the Members, and must be signed by the Designated Representative of each Member. Article 27 - NOTICES Any notice, demand, information, report, or item otherwise required, authorized, or provided for in this Omnibus Agreement shall be given in writing and shall be deemed properly given if (i) delivered personally, (ii) transmitted and received by telephone facsimile device and confirmed by telephone, or (iii) sent by United States Mail, postage prepaid, to the Designated Representative or equivalent for all Members at the address designated in the organization's Emergency Contact Information Form. Article 28 - TERM AND TERMINATION A. This Omnibus Agreement is effective upon execution by two or more Members commencing July 1, 2024, and shall remain in effect until December 31, 2029. Thereafter, unless otherwise agreed upon, the agreement may be extended in five (5) year increments upon concurrence of the signatory Members. B. A Member opting to terminate this Omnibus Agreement shall provide written termination notification to the Regional Lead Coordinating Agency for all Homeland Security Region 3 Mutual Aid Omnibus 2024 12 1 P a g e venture or partnership among the Members or to impose any partnership obligation or liability upon any Member. Further, no Member shall have any undertaking for or on behalf of, or to act as or be an agent or representative of, or to otherwise bind any other Member. Article 17 - NO THIRD MEMBER BENEFICIARY Nothing in this Omnibus Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. This Agreement shall not confer any right, or remedy upon any person other than the Members. This Omnibus Agreement shall not release or discharge any obligation or liability of any third party to any Member. Article 18 - ENTIRE AGREEMENT This Agreement constitutes the entire agreement, though prior agreements of the Members may take precedent over certain concepts outlined in this Agreement. Article 19 - SUCCESSORS AND ASSIGNS This Omnibus Agreement is not transferable or assignable, in whole or in part, and any Member may terminate its participation in this Omnibus Agreement subject to Article 29. Article 20 - GOVERNING LAW This Omnibus Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Washington. Article 21 - VENUE Any action which may arise out of this Omnibus Agreement shall be brought in the courts of the State of Washington. Article 22 - TORT CLAIMS It is not the intention of this Omnibus Agreement to remove from any of the Members any protection provided by any applicable Tort Claims Act. However, between Borrower and Lender, the Borrower retains full liability to the Lender for any claims brought against the Lender as described in other provisions of this Omnibus Agreement. Article 23 - WAIVER OF RIGHTS Any waiver at any time by any Member of its rights with respect to a default under this Omnibus Agreement, or with respect to any other matter arising in connection with this Omnibus Agreement, shall not constitute or be deemed a waiver with respect to any subsequent default or other matter arising in connection with this Omnibus Agreement, Any delay in asserting or enforcing any right, except those related to the statutes of limitations, Homeland Security Region 3 Mutual Aid Omnibus 2024 111 P a g e P -1"a-%: IRT -w J, wffl IN WITNESS WHEREOF, the Member hereto has caused this Omnibus Agreement for Emergency Assistance to be executed by duly authorized representatives as of the date of their signatures. ADOPTED: ATTEST: - Name By: (Title) ------------------- ---- (Date) APPROVED AS TO FORM: Name By: (Title AGENCY NAME: Signature Signature Homeland Security Region 3 Mutual Aid Omnibus 2024 14 1 P a g e Members. Notice of termination becomes effective upon receipt by the Regional Lead Coordinating Agency. Any terminating Member shall remain liable for all obligations incurred during its period of participation, until the obligation is satisfied. Homeland Security Region 3 Mutual Aid Omnibus 2024 13 1 Page RESOLUTION No. 648 A RESOLUTION OF THE CITY OF YELM, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF YELM AT THE NOVEMBER 5, 2024 GENERAL ELECTION, A PROPOSITION ASKING QUALIFIED VOTERS TO APPROVE A CONTRUCTION BOND, NOT TO EXCEED $10,000,000 OVER 28 YEARS WHEREAS, the residents of the City of Yelm have requested a YMCA with a swimming pool be built within the City of Yelm; and WHEREAS, multiple rivers and lakes are nearby and swimming lessons are not in reasonable driving distance; and WHEREAS, a swimming pool offers activities and exercise for youth, adults, and senior citizens; and WHEREAS, there is a need and want to serve more youth of our community with after school and before school activities; and WHEREAS, the South Sound YMCA would be an excellent partner for this community; and WHEREAS, the City Council wishes to allow the residents of Yelm to decide if they want to fund the construction of a YMCA with a swimming pool. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yelm, Washington as follows: Section 1. Findings. The City Council finds that the interests of the City of Yelm would be best served by placing before the voters a proposition to plan and construct a Yelm branch YMCA that would include a swimming pool. Section 2. Call for Election. The City Council herby requests that the Thurston County Auditor include in the local voters' pamphlet produced as part of the November 5, 2024 general election, in the manner provided by law, for the purpose of submitting to the qualified electors of the City of Yelm, Washington, an advisory proposition asking qualified voters of the City of Yelm to approve a construction bond, not to exceed $10,000,000. Section 3. The Thurston County Auditor, as ex officio supervisor of elections, is hereby requested to assume jurisdiction of and to call and conduct said election to be held within the City and to submit to the qualified electors of the City the proposition hereinafter set forth. Section 4. Official Ballot Proposition. The City Clerk is hereby directed no later than 4:30pm on August 6, 2024, to certify the following advisory proposition, together with the required Resolution Cover Sheet and all required documents, to the Thurston County Auditor in substantially the following form: CITY OF YELM ADVISORY PROPOSITION NO. 1 Construction bond for a Yelm Branch YMCA with a Swimming Pool The Yelm City Council adopts resolution No. 648 concerning a proposition regarding the creation of a Yelm branch YMCA with a swimming pool. This proposition would authorize the City of Yelm to partner with the South Sound YMCA to plan and construct a Yelm Branch YMCA that would include a swimming pool and issue no more than $10,000,000 of general obligation bonds maturing within 25 years; and levy annual excess property taxes to repay the bonds, as provided in Resolution No. 648. Should this ban be enacted? Yes......... No.......... Section S. Explanatory Statement. The explanatory statement attached hereto as Exhibit A and adopted herein by this reference is hereby approved and the City Clerk is authorized to transmit Exhibit A to the Thurston County Auditor by 4:00 p.m. on August 6, 2024. Section 6. Request for Inclusion in Voters' Pamphlet. The City Council requests the Thurston County Elections include the proposition referenced herein as well as information related to the proposition in the voters' pamphlet distributed for the November 5, 2024 election. The City Council herby authorizes the use of City funds to pay for publication of the voters' pamphlet and the costs of the election regarding this proposition. Section 7. Pro/Con Committee Appointments. In accordance with RCW 29A.32.280, arguments advocating approval and disapproval of the advisory ballot proposition shall be included in the voters' pamphlet and shall be prepared by committees appointed by the Yelm City Council. Each committee shall be composed of not more than three persons. The committee advocating approval of the advisory proposition shall be composed of persons known to favor the ballot proposition, and the committee advocating disapproval shall be composed of persons known to oppose the ballot proposition. Statements by the committee advocating approval and the committee advocating disapproval shall be submitted to Thurston County Elections no later than 4:00 p.m. on August 13, 2024. The rebuttal statement of each committee shall be submitted to Thurston County Elections no later than 4:00 p.m. on August 16, 2024. Section 8. Certified Copies of Resolution to be filed. The Yelm City Clerk is directed to file a certified copy of this resolution with the Thurston County Auditor. Section 9. Severability. If any section, sentence, clause or phrase of this resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause, or phrase. Section 10. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary clerical corrections to this resolution including, but not limited to, the correction of scrivener's errors, references, numbering, section/subsection numbers and any references thereto. Section 11. Effective date. This resolution shall become effective immediately upon adoption and signature as provided by law. Approved this 23rd day of July, 2024 Joe DePinto, Mayor Attest: Kathy Linnemeyer, City Clerk City of Yelm Voted Bonds for the Recreational Center July 9, 2024, 6:00 PM Jim Nelson Managing Director Phone: (206) 389-4062 Cell Phone: (206) 713-9354 Email: jnelson@dadco.com D A DAVIDSON Columbia Center 701 Fifth Avenue, Suite 4050 Seattle, WA 98104 www.davidsoncompanies.com/ficm ASSUMPTIONS In the preparation of this information we based the information provided on the following: Our general underwriting experience with Washington State municipalities Factual information relevant to City of Yelm's debt issuance profile DA DAVIDSON EST. BOND LEVY RATE AND MONTHLY COST For Discussion Purposes (As of 7/3/2024) Ballot Title should state 28 years or less Term: 25 Years Funding Amount: 10,000,000 Est. Average Payment (1): NA Est. Net Borrowing Cost (1): 4.67% Estimated Tax Levy Impact (1): 0.300 ($ per $1,000 of AV) Tax on home valued at. Annual Increase (1): 135.00 Monthly Increase (1): 11.25 Assumptions: 1. Net Borrowing Cost is preliminary and subject to change, assumes a rating of AA, 2. Assumes a Level Levy solution with an assumed annual growth rate of 3% per year for the City's assessed value. The voted bond payments are structured to increase at 3% per year to match the assumed annual growth rate in the City's assessed value. DIAbAVIDSON DEBT CAPACITY 2024 Assessed Value: $1,626,461,050 I. General Purposes (for Capital Improvements) Limited Tax (Non -voted) General Obligation Debt Capacity (1.5% of AV) $24,396,916 Less: 2012 LTGO (Timberland Library) & Refi 2000 Bonds (PW maint. Facility), maturing 2031 ($945,000) (1) Less: 2018 LTGO Refi of 2006 Bonds (Public Safety Bldg.), bank placement, maturing 2026 ($1,235,000) (1) Less: Future LTGO Bond for $0 (1) Remaining Non -voted Limited Tax General Obligation Debt Capacity $22,216,916 Unlimited Tax (VoterApproval) General Obligation Debt Capacity (2.5% of AV) $40,661,526 Less: Outstanding Limited Tax General Obligation Debt (from above) ($2,180,000) (1) Less: Future Voted Bond for $0 (2) Remaining General Obligation Debt Capacity (with Voter Approval) $38,481,526 II. Parks, Open Space, Commun. Center, Facilities for Economic Development Unlimited Tax (Voter Approval) General Obligation Debt Capacity (2.5% of AV) $40,661,526 Less: Future Voted Bonds for Recreational Center ($10,000,000) (2) Remaining Parks & Open Space Debt Capacity (with Voter Approval) $30,661,526 III. Utility Purposes (for Water, Light, Sewer, Gas, etc.) Unlimited Tax (Voter Approval) General Obligation Debt Capacity (2.5% of AV) $40,661,526 Less: Future Voted Bonds for $0 (2) Remaining Utility Purpose Debt Capacity (with Voter Approval) $40,661,526 Total Remaining General Obligation Debt Capacity $109,804,579 (1) Paid from the City's General Fund. (2) Paid from a VoterApproved Excess Levy for the life of the Bond. DIAbAVIDSON BOND RATING A rating helps to achieve a lower interest cost. Investors view the rating as an indication of risk. Source: D.A. Davidson & Co. Source: S&P Global Ratings and Moody's Investors Service Obs. DIAbAVIDSON S&P Moody's Highest/Best AAA Aaa Quality High AA+ Aa1 Investment AA Aa2 Grade AA_ Aa3 Medium A+ Al Investment A A2 Grade A- A3 Low BBB+ Baal Investment BBB Baal Grade BBB- Baa3 Source: S&P Global Ratings and Moody's Investors Service Obs. DIAbAVIDSON EXAMPLE OF A VOTER EDUCATION TIMELINE Target Date Action July 9 6:00 PM, City Council reviews the first draft of the Bond Election Ordinance. July 10 City begins to recruit volunteers fora volunteer election committee. July 23 6:00 PM, City Council approvesthe Bond Election Ordinance. July 24 City begins the "factual" voter information campaign. Election Committee (of volunteers) begins the "yes vote campaign". July 24 Mayor/City Administrator schedule presentations to community groups on the upcoming ballot measure. Factual information tab on the City's website describing the project. August 1 Yes vote campaign begins with signs, mailers and social media. August 1 City files the Bond Election Ordinance with the Thurston County Elections Department. August 6 Election Ordinance filing deadline with the Thurston County Elections Department. October 18 Approximate date that the ballots are mailed out to voters. November Election Day. DIAbAVIDSON APPENDIX 1 H Z RAVAVIDSON DAVIDSON'S HIGHLIGHTS 1. Ranked 1st in Washington State in 2013 thru 2023(bosed on the number of negotioted municipol transactions completed). Source: Thomson Reuters 2. We serve a large number of Washington cities, park & recreation districts, and metropolitan park districts (bosed on the number of negotioted municipol tronsoctions completed). Source: Thomson Reuters 3. Our local expertise, as a result of working with Yelm, Lacey, DuPont, Puyallup, Fife, Edgewood, Fircrest, Sumner, Bonney Lake, Buckley, Enumclaw, Gig Harbor, Pierce County, East Pierce Fire & Rescue, Central Pierce Fire & Rescue, West Pierce Fire & Rescue, Southeast Thurston Regional Fire Authority, Si View Metropolitan Park District, Peninsula Metropolitan Park District, William Shore Metropolitan Park District, South Whidbey Parks & Recreation District, Eastmont Metropolitan Park District, Moses Lake, among many others. 4. We offer a wider array of services and are proactive on guidance and communication. DA DAVIDSON DAVIDSON'S PUBLIC FINANCE TEAM Jim Nelson Managing Director (206) 389-4062 30 Years in Public Finance Main Office: Seattle, WA ■ Focuses on general municipal finance with cities, counties, park districts, fire districts, water & sewer districts, ports, as well as other special districts. Jim and the firm work with a large number of Washington municipalities, such as with Yelm, Lacey, DuPont, Puyallup, Fife, Edgewood, Fircrest, Sumner, Bonney Lake, Gig Harbor, Pierce County, East Pierce Fire & Rescue, Central Pierce Fire & Rescue, West Pierce Fire & Rescue, Si View Metropolitan Park District, Peninsula Metropolitan Park District, William Shore Metropolitan Park District, South Whidbey Parks & Recreation District, Eastmont Metropolitan Park District, Moses Lake, among many others. ■ Jim is very experienced in assisting municipalities with voter education strategies and bond rating presentations. ■ He has completed over 600 financings with a par amount greater than $6 billion. ■ FINRA Series 50, Series 52 and Series 63 Licenses. ■ B.A. from the University of Washington. Mark Froio (Senior Vice President) — Bond Underwriter and Bond Trader. Extensive market knowledge and experience to achieve lower interest rates. (Mark has 37 years of experience.) Maura Lentini (Senior Vice President) — former Moody's rating analyst, assists with rating agency presentations and strategies. (Maura has 21 years of experience.) Crystal Vogl (Senior Vice President) — Disclosure specialist reviewing Official Statements and assisting with Continuing Disclosure requirements and deadlines. (Crystal has 20 years of experience.) Suzanne Eide (Senior Vice President) — Bond Structuring/Quantitative specialist for voted bonds, non -voted bonds, revenue bonds, and refunding bonds. (Suzanne has 20 years of experience.) 191,111. DIAbAVIDSON Neither this material nor any of its contents may be disclosed, sold, or redistributed, electronically or otherwise, without prior written consent of Davidson Companies. The information presented herein is based on public information we believe to be reliable, prevailing market conditions, as well as our views at this point in time. We make no representation or warranty with respect to the accuracy or completeness of this material. Past performance is not necessarily indicative of future results. Davidson Companies does not assume any liability for any loss which may result from the reliance by any person upon such material. We make no representations regarding the legal, tax, regulatory, or accounting implications of entering into a Transaction. Required Disclosure Pursuant to MSRB Rule G-23: An underwriter's primary role will be to purchase as principal, or arrange for the placement of the securities in a commercial arm's length transaction with the issuer, and may have financial and other interests that differ from those of the issuer. In its capacity as underwriter and not as financial advisor, an underwriter may provide incidental financial advisory services at the issuer's request including advice regarding the structure, timing, terms and other similar matters concerning the issuance. However, an underwriter does not assume any financial advisory or fiduciary responsibilities with respect to the issuer. LZ DWDAVIDSON SPEAKERS CARD DATE:�� I Z' I am a resident of (a he City of Yelm (b) Thurston County (please circle one)' residing at1��:::: (physical address) I wish to comment on —A)nC A (Subject) Js/word/Yorms i J SPEAKERS CARD DATE: `Z; r2 -Z GI✓" NAME: L �. I am a resident of a City of Yelm (b urston County (please circle one) residing at � _ (physical address) ,t�7 CL I wish to comment �i7 Y=/5 (Subject) SPEAKERS CARD DATE: NAME: « do rjy� I am a resident of' (a) the City of Yelm urston aunty residing at d (p ,ysical address) I wish to comment on (Subject) SPEAKERS CARD DATE: " NAM kO&/J a U.'S:9Q N I am a resident of (a) the City of Yelm (b) Thurston County (please circle one) residing at )LI -13 �, , (physical address) I wish to comment on _ 4 (Subject) Js/worddoms