Loading...
HomeMy WebLinkAbout09 22 2026 Yelm City Council Agenda PacketC I T Y C O U N C I L A G E N D A S e p t e m b e r 2 2, 2 0 2 6 6:0 0 P M Yelm City Council meetings are held in-person at 106 2 nd 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_NskyZh5DRXKjyWkQtjE8UQ 1. C A L L T O O R D E R/R O L L C A L L 2. A G E N D A A P P R O V A L 3. S P E C I A L P R E S E N T A T I O N S a) None Scheduled 4. P U B L I C C O M M E N T--C O M P L E T E A B L U E S P E A K E R’S C A R D O R R A I S E H A N D V I R T U A L L Y 5. C O N S E N T A G E N D A a) SEPTEMBER 8, 2026 REGULAR MEETING MINUTES 6. N E W B U S I N E S S a) 2027-2028 PRELIMINARY BUDGET PRESENTATION b) PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. FOR NPDES PROGRAM DEVELOPMENT AND STORMWATER MANAGEMENT PLAN UPDATE Move to authorize the Mayor to execute a Professional Services Agreement with Parametrix, Inc. for NPDES Program Development and preparation of an updated Stormwater Management Program Plan in an amount not to exceed $119,935.87. c) ORDINANCE NO. 1158 - AMENDING YELM MUNICIPAL CODE SECTION 13.04.250, MONTHLY WATER RATES Move to approve Ordinance No. 1158 amending section 13.04.250 Yelm Municipal Code relating to monthly water rates and declaring an effective date of January 1, 2027. d) ORDINANCE N O. 1159 - AMENDING YELM MUNCIPAL CODE SECTION 13.04.095, MONTHLY SEWER RATES Move to approve Ordinance No. 1159 amending section 13.04.095 Yelm Municipal Code relating to and lowering monthly sewer rates and declaring an effective date of January 1, 2027. e) ORDINANCE NO. 1160 - AMENDING YELM MUNICIPAL CODE SECTION 13.10.050, MONTHLY STORMWATER RATES Move to approve Ordinance No. 1160 amending section 13.10.050 Yelm Municipal Code relating to stormwater rates and declaring an effective date of January 1, 2027. 106 2 nd ST SE Yelm, WA 98597 360.458.3244 www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider 7. O L D B U S I N E S S a)None Scheduled 8. S T A N D I N G C O U N C I L C O M M I T T E E R E P O R T S a)Public Safety Committee b) Public Services Committee c) Finance Committee d) General Government Committee 9. M A Y O R/C I T Y A D M I N I S T R A T O R/S T A F F R E P O R T S 1 0.C O U N C I L M E M B E R R E P O R T S 1 1.E X E C U T I V E S E S S I O N a) None Scheduled 1 2.A D J O U R N M EETING I NFORMATION All regular Yelm City Council meetings are recorded. Meetings can be viewed at www.yelmwa.gov or a copy may be purchased by contacting the City Clerk’s office at 360.458.8 816. It is the City of Yelm’s policy to provide reasonable accommodations for people with disabilities. If you require reasonable accommodations to partici pate at a City Council meeting, please contact the City Clerk’s office at 360.458.8 816 at least four (4) working days prior to meeting. I nformation 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 ar e not on the published agenda. Comments are limited to th ree 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 wh o 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 CITY COUNCIL MEETING MINUTES VIRTUAL AND IN PERSON TUESDAY, September 8, 2026 Call to Order: Mayor Joe DePinto called t he meeting to order at 6:00 PM. Roll Call: Tracey Wood, Joseph Richardson, Griselda Arias, Steph a nie Kang iser, Brian Hess, David Johnstone, Terry Kaminski, and Mayor Joe DePinto. Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, Projects & Grants Manager Elizabeth Jones, Finance Director Stephanie Nanavich and Public Services Director Cody Colt. APPROVAL OF TH E Motion by Tracey Wood to approve the agenda. AGENDA: Seconded by Stephanie Kangiser Motion carried 7-0 SPECIAL Mayor DePinto read the National Voter Registration Day PRESENTATION: Proclamation into the record. Jayme Davidsmeyer thanked the City for encouraging people to register to vote and shared ways that people can register to vote and locations to register. CONSENT AGENDA: a)August 25, 2026, Regular Meeting Minutes b) September 1, 2026, Study Session Minutes Motion by Terry Kaminski to approve the consent agenda. Seconded by Griselda Arias Motion carried 7-0 NEW BUSINESS: Construction Contract with Active Construction, Inc. for the Downtown Activated Alleyway-Fuller Footpath Proj ect Motion by Stephanie Kangiser to authorize Mayor DePinto to execute the Agreement Between Owner, City of Yelm, and Contractor, Active Construction, Inc., in the amount of Two Million Two Hundred Thirty-One Thousand Two Hundred Thirty-One and 00/100 Dollars ($2,231,231.00) for construction of the Downtown Activat ed Alleyway - Fuller Footpath Project. Seconded by Brian Hess Page 1 of 3 September 8, 2026, City of Yelm Regular Council Meeting. These minutes record the official actions of the Yelm City Council. Compl ete recordings are available on YouTube. Yelm City Council meetings are held in-person at 106 2 nd St SE Yelm, WA 98597 and on Zoom. Registration is required to attend virtually by selecting the link that is available on the city website. Motion carried 6-1 Ordinance No. 1156 – Municipal Code Updates Motion by Terry Kaminski to approve Ordinance No. 1156 updates to Chapter 5 and Chapter 13 of the Yelm Municipal Code. Seconded by Tracey Wood Motion carried 7-0 Ordinance No. 1157 – Budget Amendment Motion by Tracey Wood to approve Ordinance No. 1157 amending the 2025-2026 Biennial Budget. Seconded by Brian Hess Motion carried 7-0 2026-2027 School Resource Officer Agreement Between Yelm Community Schools and the City of Yelm Motion by Tracey Wood to authorize Mayor DePinto to sign the 2026-2027 School Resource Officer Agreement between Yelm Community Schools and the City of Yelm. Seconded by Stephanie Kangiser Motion carried 7-0 STANDING COUNCIL COMMITTEE REPORTS: Public Safety Committee – Councilmember Kangiser gave a report of the Public Safety Committee meeting. Finance Committee – Councilmember Johnstone report ed that the Finance Committee m et and gave a report of the meeting. MAYOR/CITY ADMINISTRATOR/STAFF REPORTS: City Administrator Report – City Administrator Todd Stancil gave department reports. Mayor Report – Mayor DePinto reported that he met with a Veterans Housing group, the Boys & Girls Club, and the Southeast Thurston Fire Authority. He also met with Habitat for Humanity to receive a project update. Mayor DePinto stated that he will attend the Thurston Reg ional Planning Council meeting on Thursday and the monthly Mayors’ meeting in Rainier on Friday. COUNCILMEMBER REPORTS: Councilmember Wood – Announced that the TC OMM meeting was cancelled. Councilmember Richardson – Stated that the progress on the Veterans Memorial is excit ing. Page 2 of 3 September 8, 2026, City of Yelm Regular Council Meeting. These minutes record the official actions of the Yelm City Council. Complete recor dings are available on the City of Yelm’s You Tube Channel. Councilmember Arias – R eported attending the Regional Housing Council meeting and stated that they will attend the Interjurisdictional Elected Officials meeting on Monday, AWC PARC training, and the STEDI meeting on Friday. She also reported purchasing a ticket for the Books and Bling event at the Community Center. Councilmember Kangiser – R eported attending the Public Safety Committee meeting and the Chamber Forum, as well as meeting with Finance Director Stephanie Nanavich. She also reported completing her Scale Up classes and encouraged Councilmembers to participate in AWC educational sessions. Councilmember Hess – Attended the Intercity Transit meeting. ADJOURNMENT: Motion by Tracey Wood to adjourn the meeting a t 6:32 PM. Seconded by Stephanie Kangiser Motion carried 7-0 __________________________________ Joe DePinto, Mayor ___________________________________ Kathy Linnemeyer, City Clerk Page 3 of 3 September 8, 2026, City of Yelm Regular Council Meeting. These minutes record the official actions of the Yelm City Council. Complete recor dings are available on the City of Yelm’s You Tube Channel. Meeting Date: 09/22/2026 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. FOR NPDES PROGRAM DEVELOPMENT AND STORMWATER MANAGEMENT PLAN UPDATE COMMITTEE REVIEW: 09/22/2026 x YES NO COMMITTEE: Public Services Committee, Joseph Richardson (Chair), Brian Hess and Terry Kaminski ATTORNEY REVIEW/APPROVAL: x YES NO N/A PROPOSED MOTION: Motion to authorize the Mayor to execute a Professional Services Agreement with Parametrix, Inc. for NPDES Program Development and preparation of an updated Stormwater Management Program Plan in an amount not to exceed $119,935.87. KEY FACTS AND INFORMATION SUMMARY: The City of Yelm is a newly designated Phase II Municipal Separate Storm Sewer System 2029 Western Washington Phase II Municipal Stormwater Permit. As a new permittee, the City must develop and implement the foundational elements of a Stormwater Management Program necessary to comply with the permit. The City received a $120,000 Ecology Stormwater Capacity Grant to support this work. Grant funding expires March 31, 2027. The proposed Professional Services Agreement with Parametrix, Inc. has a not-to-exceed amount of $119,935.87 and requires the grant-f unded services to be completed and invoiced within the applicable grant period. Parametrix will assist the City with developing an initial Stormwater Management Program Plan and identifying necessary program improvements. The scope of work includes: Project management and regulatory coordination; Preparation of an initial Stormwater Management Program Plan for submittal to Ecology; Evaluation and development of priority program components; 1 | Page Development of implementation materials, including procedures, forms, templates, and inspection documents; and future planning and budgeting. The work will address permit requirements related to public education and involvement, stormwater system mapping, illicit discharge detection and elimination, construction stormwater management, source control, operations and maintenance, cost tracking, st aff training, and capital planning. The agreement will remain in effect through completion of the work, but no later than March 31, 2027, unless extended by mutual written agreement. Approval will allow Parametrix to s and establish The City Attorney has reviewed and approved the Professional Services Agreement as to form. ATTACHMENTS: Professional Services Agreement with Parametrix, Inc. Exhibit A Scope of Work Exhibit B Project Budget and Fee Summary Exhibit C Certificate of Insurance R espectfully Submitted: Elizabeth Jones Projects & Grants Manager 2| Page PROFESSIONAL SERVICES AGREEMENT FOR NPDES PROGRAM DEVELOPMENT/STORMWATER MANAGEMENT PLAN UPDATE This Professional Services Agreement ("Agreement") is made between the City of Yelm, a Washington municipal corporation ("City"), and Parametrix, Inc., a Washington Corporation ("Consultant"). The City and Consultant valid for any notice required under this Agreement: Parametrix, I nc. CITY OF YELM Julie Brandt, PE Elizabeth Jones 719 2 nd Aven ue, S uite 200 106 2 nd Street SE Seattle, WA 98104 Yelm, WA 98597 (206) 394-3661 (telephone) (360)400-5008 (telephone) JBrandt@parametrix.com ElizabethJ@yelmwa.gov The Parties agree as follows: 1.TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than March 31, 2027 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Consultant. 2. SERVICES. The Consultant shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Consultant warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Yelm b usiness registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Consultant of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Consultant fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx agreements. 4.COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Consultant an amount not to exceed a maximum amount and according to a rate or method a s delineated in Exhibit "B", attached hereto and incorporated by this reference. The Consultant agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Consultant shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Consultant shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agr eement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.4 Grant Funding. Consultant acknowledges that the Services are being funded through an Ecology Stormwater Capacity Grant that expires March 31, 2027. Consultant shall schedule and perform the Services so that all Services intended to be paid from grant funds are complete d, invoiced, and otherwise eligible for reimbursement within the applicable grant period. Consultant shall not perform Services after prior written au thorization. The City shall have no obligation to pay for unauthorized Services performed outside the grant funding period. 5. INDEMNIFICATION. 5.1 Consultant Indemnification. The Consultant agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, me diations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties including, without limitation, their resp ective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages ar ising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. Consultant shall ensure that each sub-Consultant shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Consultant pursuant to this paragraph. The City's inspection or acceptance of any of Consultant \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Consultant waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Consultant's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Consultant, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-Consultant s harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, nses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Consultant agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Consultant, their agents, representatives, employees or sub consultant s for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1 Minimum Limits. The Consultant agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultant s, products- completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence an d $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Consultant. 6.2 No Limit of Liability. Consultant not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or Consultant insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant not contribute with it. 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx a.Insurance coverage required hereunder shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. b.Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best rating of not less than A:VII. 6.5 Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Consultant shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit Consultant shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Consultant's insurance policies are "claims made," Consultant shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.6 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Consultant in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Consultant may be grounds for immediate termination. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Consultant while performing the Work shall belong to the City upon delivery. The Consultant shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon Agreement, all originals and copies of any such work product remaining in the possession of Consultant shall be delivered to the City. 9. BOOKS AND RECORDS. The Consultant agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to a ssure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials aut horized by law to monitor this Agreement. 10. INDEPENDENT CONSULTANT. The Parties intend that the Consultant shall be an independent Consultant and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Consultant sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and sub consultant s in the performance of the contract work and shall utilize all protection necessary for that \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx purpose. All work shall be done at Consultant Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Consultant shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Consultant, shall not be deemed to convert this Agreement to an employment contract. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant 11.CONFLICT OF INTEREST. It is recognized that Consultant may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Consultant's ability to perform the Services. Consultant agrees to resolve any such conflicts of interest in favor of the City. Consultant confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Consultant Consultant performance. 12.EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Consultant or its sub consultant s sub consultant s, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, u nless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicab le federal, state, or local law or regulation regarding non-discrimination. 13.GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement confl ict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the pr ovisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. An y act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of t his Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Consultant nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the term s of this Agreement shall continue in full force and effect, and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Consultant shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all applicable City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Consultant's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited i n the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conf erred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breac h or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, govern ed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be b y filing suit under the venue, rules and jurisdiction of the Thurston County Superior Court, Thurston County, Washington, unless the parties agree in writing to an alternative process. If the Thurston County Superior Court does not have jurisdiction over s uch a suit, then suit may be filed in any other appropriate court in Thurston County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in Thurston County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in add ition to any other recovery or award provided by law; indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties heret o had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such c ounterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be [Signature page follows] \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF YELM:ATTEST: Joe DePinto, Mayor City Clerk, Kathy Linnemeyer DATE: APPROVED AS TO FORM: City Attorney, Brent Dille PARAMETRIX, INC. By: ___________________________________ Printed Name: __________________________Jenifer Young Title: __________________________________Regional Division Manager D ate: ________________________________September 2, 2026 STATE OF WASHINGTON ) ) ss. COUNTY OF ____________) On this day personally appeared before me______________________,to me known to be the _______________________of_____________________________________t hat executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the sea l affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ______ day of ______________________, 20__. _____________________________________ Notary Public in and for the State of Washington. My commission expires__________________ \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx SERVICES 1. The Consultant shall do or provide the following: Please see the attached Scope of Work attached hereto as Exhibit A. \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx Scope of Work City of Yelm NPDES Program Development PROJECT UNDERSTANDING The City of Yelm is a newly designated Phase II Municipal Separate Storm Sewer System (MS4) permittee under the 2024-2029 Washington State Department of Ecology (Ecology) NPDES Western Washington Phase II Municipal Stormwater Permit (Permit). The City has received a 2025 2027 Ecology Stormwater Capacity Grant for $120,000 to support development of the foundational programmatic elements necessary for P ermit compliance. The grant funding expires March 31, 2027. The City is now contracting with Parametrix to develop an NPDES Stormwater Management Program (SWMP) Plan to address the Permit requirements in Section S5 -Stormwater Management Program for Cities, Towns, and Counties. A project understanding and scoping meeting was held between the City and Parametrix on April 30, 2026. The overall goal of this project is to provide the City with a baseline SWMP 1 that the City can build on and refine moving into the future. Parametrix previously supported the City in developing a Stormwater Management Plan in 2016,prior to Phase II MS4 designation, and that document will be superseded by this effort. The project effort will focus on the following SWMP components required by the Permit (limited only to the elements required for new permittees for this Permit cycle): S.5.A. Overall SWMP, including SWMP Plan and cost tracking. S.5.C1. Stormwater Planning Stormwater Management Action Plan ning(SMAP)requirements are a subset of this section. Project effort will focus only on new permittee requirements pertaining to tree canopy mapping, low-impact development (LID)code review,and coordination with long-range plans. S.5.C2. Public Education and Outreach. S.5.C3. Public Involvement and Participation. S.5.C4. MS4 Mapping and Documentation. S.5.C5. Illicit Discharge Detection and Elimination (IDDE). S.5.C6. Controlling Runoff from New Development, Redevelopment, and Construction Sites. Not included/not required for new permittees: S.5.C7. Stormwater Management for Existing Development (SMED). S.5.C8. Source Control Program for Existing Development. S.5.C9. Operations and Maintenance (O&M). 1 document itself program program, and the document that records SWMP Plan. City of Yelm 553-1781-851 NPDES Program Development 1 July 2026 Scope of Work GENERAL ASSUMPTIONS Ecology identified several SWMP components in a January 29, 2026, compliance review letter. The effort in this scope will prioritize those elements where possible. The City will provide all needed information in electronic format via email, FTP site transfer, or file share platform such as OneDrive/SharePoint or Project Wise. D raft review documents will generally be provided in MS Word, Excel, and/or PDF format s. All review comments will be compiled into a single file, and conflicting comments will be resolved by the City prior to return to Parametrix. Final deliverables will be provided in PDF format and, where applicable, MS Word file. For any Ecology Permit submittals, Parametrix will submit documents to the City, and the City will submit the documents to Ecology. Unless otherwise noted, all meetings will be virtual. Parametrix bill rates shown in the budget reflect an increase of 3.5% for approximately 67% of the work to accommodate scheduled salary adjustments that occur in October of every year. Project schedule will target task completion to align with Ecology deadlines, including to maximize use of grant funding by March 31, 2027. As project work advances, Parametrix and the City will communicate regularly to confirm scope and schedule expectations and allow for adaptive management discussions as needed, including in the event that any task work schedule extends beyond the grant funding window. TASK 1. PROJECT MANAGEMENT Measurable Objective This effort is intended to track, manage, document, and report on the work effort throughout the life of the contract. Approach Parametrix will administer and track the contracted effort, including preparing monthly invoices. -monthly (every two weeks) 30-minute virtual meetings and additional email contact regarding scope, schedule, budget, and work progress. Assumptions Project management will extend from August 1 4, 2026, through March 31, 2027 (approximately 8 months). The Parametrix project manager will coordinate with the City project manager approximately every two weeks by phone or video call. Meetings are assumed to be approximately 45 minutes each. More frequent coordination may be conducted as needed. City of Yelm 553-1781-851 NPDES Program Development 2 July 2026 Scope of Work Deliverables Monthly invoices itemized by time spent within each task and progress reports identifying the related deliverables for the time spent and percent of work completed for each task. QA/QC review documentation (delivered upon request). TASK 2. INITIAL SWMP PLAN Measurable Objective The objective of this task is to develop a baseline 2024 Compliance Review, which notes the lack of a SWMP Plan by the City. This task effort will document current efforts and recommended additional, high-level components in a initial SWMP Plan immediate submittal to Ecology. Approach The City will provide the following information, as available: S.5.A. General SWMP Requirements and Cost Tracking members, and expenditures including equipment, materials, contractors, and other significant costs or purchases for the past 5 years related to SWMP implementation. Surface water management budget information for the current forecast and the past 5 years. related to financial policy and staffing. S.5.C1. Stormwater Planning (SMAP requirements are a subset of this section.) Existing LID-related codes, including development codes. Long-range City plans, including the latest version of the City Comprehensive Plan, transportation plan, and any available basin plans. S.5.C2. Public Education and Outreach and S.5.C3. Public Involvement and Participation Examples of recent public education, outreach, involvement, and participation documents and tracking records. S.5.C4. MS4 Mapping and Documentation MS4 mapping and documentation, including GIS layers of catch basins, pipes, ditches, outfalls, receiving waters, basin boundaries, and stormwater management facilities. S.5.C5. Illicit Discharge Detection and Elimination Existing code requirements and enforcement policies related to IDDE. MS4-wide screening activities (i.e. inspections) and approximate percentage of MS4 screened each year. City of Yelm 553-1781-851 NPDES Program Development 3 July 2026 Scope of Work Current IDDE standard operating procedures (SOPs) and records. City staff IDDE training documentation. S.5.C6. Controlling Runoff from New Development, Redevelopment, and Construction Sites Permit application review checklists, design manuals, and other guidance documents such as linkage to the online Construction Stormwater General Permit Notice of Intent (NOI) form. Development site inspection SOPs and records related to construction stormwater management and trainings for staff conducting inspections. S.5.C8. Source Control Program for Existing Development Existing code requirements and enforcement policies related to source control BMPs. Records of existing business pollutant source inventory, including GIS layers. Business/site inspection and enforcement records. Source control staff training records. S.5.C9. Operations and Maintenance (O&M) Catch basin records for inspection and maintenance (including cleaning). Stormwater facility inspection and maintenance SOPs and records. Practices, policies, and procedures to reduce stormwater impacts associated with runoff from all lands owned or maintained by the City, including information on the following: -Pipe cleaning. -Cleaning of culverts that convey stormwater in ditch systems. -Ditch maintenance. -Street cleaning. -Road repair and resurfacing, including pavement grinding. -Snow and ice control. -Utility installation. -Pavement striping maintenance. -Maintaining roadside areas, including vegetation management. -Dust control. -Application of fertilizers, pesticides, and herbicides according to the instructions for their use, including reducing nutrients and pesticides and using alternatives that minimize environmental impacts. -Sediment and erosion control. -Landscape maintenance and vegetation disposal. -Trash and pet waste management. City of Yelm 553-1781-851 NPDES Program Development 4 July 2026 Scope of Work -Building exterior cleaning and maintenance, especially for the purposes of controlling polychlorinated biphenyls (PCBs). -Preparing Permittee-owned buildings for renovation or demolition, especially for the purposes of controlling PCBs. Street sweeping SOPs and records, including information regarding disposal of street sweeping spoils. Existing stormwater pollution prevention plans (SWPPPs) for all heavy equipment maintenance or storage yards and material storage facilities owned or operated by the City. City staff O&M training documentation. Parametrix will: -required SWMP in a new SWMP Plan. Identify and provide high-level documentation of SWMP gaps and identify them as pending development by the City in the SWMP Plan. Assumptions In the January 29, 2026, compliance review letter, Ecology identified the current lack of a SWMP Plan by the City as an issue. The SWMP Plan developed in this task is intended to address that issue as quickly as possible with basic, foundational informatio n, and is not intended to comprehensively identify all SWMP upgrades that the City may need moving forward. The City may not have documentation relevant to all items listed but will provide what is available. Information not available will directly inform the gap analysis. Review of information regarding stormwater facilities owned or operated by the City will be prioritized over private facility records, if budget constraints dictate. The City Storm and Surface Water staff will prepare materials,attend,and present as necessary at City Council meetings. Level of review of City information and detail of recommendations for each element listed above is effort-based and is limited to the hours and estimated fee shown in the attached budget. Deliverables TASK 3. PRIORITY SWMP COMPONENTS Measurable Objective evelop more specific recommendations for near-term City of Yelm 553-1781-851 NPDES Program Development 5 July 2026 Scope of Work as priorities by Parametrix and the City. be added to the SWMP Plan later Approach Based on the information provided by the City in Task 2, Parametrix will provide recommendations for immediate updates to the following SWMP components, which have been identified as priorities based on Permit deadlines,and recommendations by Parametrix: Cost-tracking procedures (including to the extent possible based on existing information development of a staffing matrix to compare needed SWMP elements, forecasted hours, and existing staff FTEs and skills). IDDE inspection, enforcement, and escalation procedures. New and redevelopment application review and construction stormwater management inspection practices. Facility inspection and maintenance practices. Street sweeping procedures and recordkeeping. Staff training programs. 2026 Annual Report supporting documentation (due to Ecology March 2027). Assumptions Wherever possible, Parametrix will curate examples of existing SWMP policies and procedures from existing western Washington permittees. Level of detail of recommendations for each element listed above is effort-based and is limited to the hours and estimated fee shown in the attached budget. Deliverables A draft and final Priority SWMP Components Technical Memorandum, approximately 10 pages not including attachments. TASK 4. IMPLEMENTATION MATERIALS Measurable Objective Leverage existing example SWMP implementation materials (forms, templates, checklists, etc.) from agency resources and similar permittees for use by City staff. Approach Parametrix will reach out to existing permittees and review available resources from the Ecology website, the Ecology Permitting and Reporting Information System (PARIS) database, and the Washington Stormwater Center website with a focus on curating the fo llowing types of materials: IDDE standard operating procedures and inspection forms. Stormwater f acility inspection and maintenance forms. City of Yelm 553-1781-851 NPDES Program Development 6 July 2026 Scope of Work New and redevelopment construction stormwater inspection forms. Street sweeping logs. examples from each category above where possible. Assumptions this time. The intent is to provide City staff with templates to begin working with as soon as possible. Direct contact permittees may include the cities of Auburn, Black Diamond, Bonney Lake, Bothell, Bremerton, Camas, Des Moines, Enumclaw, Everett, Lake , Forest Park, Milton, Orting, Pacific, Renton, SeaTac, and Sumner; and Port of Everett. Level of review and collection of example implementation materials is effort-based and is limited to the hours and estimated fee shown in the attached budget. Deliverables Electronic copies (likely in PDF, Microsoft Word, or Microsoft Excel formats) of all collected materials, with recommended selections indicated during transmission. TASK 5. CAPITAL PLANNING Measurable Objective Facilities Plan and future budget processes. Approach The City will provide information on the existing CIP framework and any planned projects (funded and unfunded), in addition to the information provided in Task 2. Parametrix will: projects and identify potential capital planning gaps based on SMAP and SMED requirements. Meet with City staff to discuss wants and needs, present potential analysis metrics that may be used, and work with the City to select final performance measures and evaluation criteria for the CIP evaluation framework. Using approved performance measures and evaluation criteria, develop a multi-objective A, which is an analysis using weighted scores in a spreadsheet format. Document results in a CIP Framework Technical Memorandum and results table. City of Yelm 553-1781-851 NPDES Program Development 7 July 2026 Scope of Work Assumptions The MODA analysis will include high-level/order-of- forecasting. Two conceptual (one-sheet) designs and high-level itemized cost estimates of newly recommended projects are included. Deliverables A draft and final CIP Framework Technical Memorandum and results table. An electronic copy of the MODA template for City staff to use in ongoing updates. Two conceptual (one-sheet) designs and high-level itemized cost estimates of newly recommended projects. City of Yelm 553-1781-851 NPDES Program Development 8 July 2026 COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Consultant an amount not to exceed One Hundred and Nineteen Thousand Nine Hundred and Thirty-Five Dollars and 87/100 Cents ($119,935.87). \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx Johnson Administrator Jean N.Sr Contract Accountant Karissa Tuttle Sr Project Strobeck Specialist Alixondria J.Project Controls Susan E. Swift Technical Editor Fetherston Supervisor Debra M.Publications Buitrago Sr Consultant Craig A.Capital Planning QC, Redden Engineer IV Nicole C.Capital Planning, Tinsley Sr GIS Analyst V Chad L.Mapping, Featherstone Sr Consultant John L.NPDES Specialist, Sr Engineer Julie G. Brandt Project Mgr, Bunker Sr Consultant Brian E.Principal in Charge, INSURANCE \\yelmfs.ci.yelm.wa.us\PublicServices\Administration\Forms & Templates\Professional Services\PSA\PSA (Rev BFD).docx CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: FAX PHONE (A/C, No, Ext):(A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER(MM/DD/YYYY)(MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR PREMISES (Ea occurrence)$ MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG$ OTHER:$ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY(Ea accident)$ ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident)$ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY(Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE$ EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$$ PER OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N STATUTE ER A N Y P R O P R I E T O R/P A R T N E R/E X E C U T I V E E.L. EACH ACCIDENT$ OFFICER/MEMBER EXCLUDED?N / A (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.LIABILITY COVERAGE A.Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1.a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2.Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (1)Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2)Any such organization that is an insured under any other liability "policy" providing auto coverage. 3.Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II ? WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4.An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1.Which are no longer in force; or 2.Whose limits have been exhausted. B.Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1.In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2.In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012)Policy No: BUA 6050531352 Endorsement Effective Date: Endorsement Expiration Date:Policy Effective Date: 11/01/2025 Endorsement No: 25; Page: 1 of 4 Policy Page: 232 of 352 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement C.Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II.PHYSICAL DAMAGE COVERAGE A.Glass Breakage ? Hitting A Bird Or Animal ? Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B.Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a.$60 per day, in lieu of $20; subject to b.$1,800 maximum, in lieu of $600. C.Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a.$1,000 maximum, in lieu of $600. D.Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a.Any covered auto you lease, hire, rent or borrow without a driver; and b.Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d.The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e.Such physical damage coverage for hired autos will: (1)Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2)Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E.Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012)Policy No: BUA 6050531352 Endorsement Effective Date: Endorsement Expiration Date:Policy Effective Date: 11/01/2025 Endorsement No: 25; Page: 2 of 4 Policy Page: 233 of 352 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement F.Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c.Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d.A $100 per occurrence deductible applies to the coverage provided by this provision. G.Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a.Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b.Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d.The most we will pay for loss to a covered auto in any one accident is the lesser of: (1)$5,000; or (2)20% of the auto's actual cash value (ACV). III.Drive Other Car Coverage ? Executive Officers The following is added to Sections II and III: 1.Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a.An auto owned by that "executive officer" or a member of that person's household; or b.An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1)Equal to the greatest of those coverages afforded any covered auto; and (2)Excess over any other collectible insurance. 2.For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV.BUSINESS AUTO CONDITIONS A.Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012)Policy No: BUA 6050531352 Endorsement Effective Date: Endorsement Expiration Date:Policy Effective Date: 11/01/2025 Endorsement No: 25; Page: 3 of 4 Policy Page: 234 of 352 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement (4)Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6)Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B.Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C.Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D.Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E.Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a.45 days of coverage in lieu of 30 days. V.DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012)Policy No: BUA 6050531352 Endorsement Effective Date: Endorsement Expiration Date:Policy Effective Date: 11/01/2025 Endorsement No: 25; Page: 4 of 4 Policy Page: 235 of 352 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Policy Number: DPR5050088 DPR5050088 CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANYPERSONORORGANIZATIONWHOMTHENAMEDINSUREDHASAGREEDINWRITINGINA CONTRACTORAGREEMENTTOWAIVESUCHRIGHTSOFRECOVERY,BUTONLYIFSUCH CONTRACTORAGREEMENT: 1.ISINEFFECTORBECOMESEFFECTIVEDURINGTHETERMOFTHISCOVERAGEPART;AND 2.WASEXECUTEDPRIORTOTHEBODILYINJURY,PROPERTYDAMAGEORPERSONALAND ADVERTISINGINJURYGIVINGRISETOTHECLAIM. (Information required to complete this Schedule,if not shown above,will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS,it is understood and agreed thatthe condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition ofthe following: With respect tothe person or organization shown in the Schedule above,the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising outofthe Named Insured?s ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions ofthe Policy remain unchanged. This endorsement,which forms a part ofand is for attachment tothe Policy issued by the designated Insurers,takes effect onthe effective dateof said Policy atthe hour stated in said Policy,unless another effective date is shownbelow, and expires concurrently with said Policy. CNA75008XX(10-16)Policy No:6050531366 Page 1of1 Endorsement No:34 Nat'lFireInsCoofHartford Effective Date:11/01/2023 Insured Name:PARAMETRIX,INC. Copyright CNA All RightsReserved.Includescopyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Blanket Additional Insured-Owners,Lessees or Contractors- with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to includeas an Insured any person or organization whom you are required by written contract toadd as an additional insured on this Coverage Part,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A.Inthe performance of your ongoing operations subject to such written contract;or B.Inthe performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1.The written contract requires you to provide the additional insured such coverage;and 2.This Coverage Part provides such coverage;and C.Subject always tothe terms and conditions of thispolicy,including the limits of insurance,the Insurer will not provide such additional insured with: 1.Coverage broader than what you are required to provide by the written contract;or 2.A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I.shall apply solely tothe extent permissible by law. II.If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037,then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to includeas an Insured any person or organization whom you are required by written contract toadd as an additional insured on this Coverage Part,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A.Inthe performance of your ongoing operations subject to such written contract;or B.Inthe performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1.The written contract requires you to provide the additional insured such coverage;and 2.This Coverage Part provides such coverage. III.But if the written contract requires: A.Additional insured coverage under the 11-85 edition,10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B.Additional insured coverage with?arising out of?language; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to includeas an Insured any person or organization whom you are required by written contract toadd as an additional insured on this Coverage Part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising outof your work that is subject to such written contract. CNA75079XX(3-22)Policy No:6050531366 Page 1of3 Endorsement No:32 Nat'lFireInsCoofHartford Effective Date:11/01/2023 Insured Name:PARAMETRIX,INC. Copyright CNA All RightsReserved. CNA PARAMOUNT Blanket Additional Insured-Owners,Lessees or Contractors- with Products-Completed Operations Coverage Endorsement IV.But if the written contract requires additional insured coverage tothe greatest extent permissible by law,then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to includeas an Insured any person or organization whom you are required by written contract toadd as an additional insured on this Coverage Part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising outof your work that is subject to such written contract. V.The insurance granted by this endorsement tothe additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A.The rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.Supervisory,inspection,architectural or engineering activities;or B.Any premises or work for which the additional insured is specificallylisted as an additional insured on another endorsement attached to this Coverage Part. VI.Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled OtherInsurance is amended to addthe following,which supersedes any provision tothe contrary inthis Condition or elsewhere inthis Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available tothe additional insured under which the additional insured is a named insured,this insurance is primary toand will not seek contribution from such other insurance,provided thata written contract requires the insurance provided by this policy tobe: 1.Primary and non-contributing with other insurance available tothe additional insured;or 2.Primary andtonot seek contribution from any other insurance available tothe additional insured. But except as specified above,this insurance will be excess of all other insurance available tothe additional insured. VII.Solely with respect tothe insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties InThe Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.Give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.Send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement ofthe claim;and 3.Make available any other insurance,and endeavor to tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies toa loss thatthe Insurer covers under this coverage part. However,if the written contract requires this insurance tobe primary and non-contributory,this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty todefend or indemnify an additional insured under this endorsement until the Insurer receives written notice ofa claim from the additional insured. CNA75079XX(3-22)Policy No:6050531366 Page 2of3 Endorsement No:32 Nat'lFireInsCoofHartford Effective Date:11/01/2023 Insured Name:PARAMETRIX,INC. Copyright CNA All RightsReserved. CNA PARAMOUNT Blanket Additional Insured-Owners,Lessees or Contractors- with Products-Completed Operations Coverage Endorsement VIII.Solely with respect tothe insurance granted by this endorsement,the section entitled DEFINITIONS is amended to addthe following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part,provided the contract or agreement: A.Was executed prior to: 1.The bodily injury or property damage;or 2.The offense that caused the personal and advertising injury; for which the additional insured seeks coverage;and B.Is still in effect atthe time ofthe bodily injury or property damage occurrence or personal and advertising injury offense. All other terms and conditions ofthe Policy remain unchanged. This endorsement,which forms a part ofand is for attachment tothe Policy issued by the designated Insurers,takes effect onthe effective dateof said Policy atthe hour stated in said Policy,unless another effective date is shownbelow,and expires concurrently with said Policy. CNA75079XX(3-22)Policy No:6050531366 Page 3of3 Endorsement No:32 Nat'lFireInsCoofHartford Effective Date:11/01/2023 Insured Name:PARAMETRIX,INC. Copyright CNA All RightsReserved. M eeting Date: 9/22/2026 C ITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington A GENDA ITEM: ORDINANCE 1158 amending Section 13.04.250 Yelm Municipal Code relating to monthly water rates C OMMITTEE REVIEW: X YES NO COMMITTEE: Public Services Committee AT TORNEY REVIEW/APPROVAL: X YES NO N/A P ROPOSED MOTION: Move to approve Ordinance 1158 amending section 13.04.250 Yelm Municipal Code relating to monthly water rates and declaring an effective date of January 1, 2027. KEY FACTS AND INFORMATION SUMMARY: A rate study completed in August 2026 confirmed that current water rates are adequate. Although costs continue to rise, system growth has helped meet those financial needs. Since water rates were last adjusted and reduced in 2021, this update adds language to better account for inflation and increasing expenses while maintaining the existing rate structure. A TTACHMENTS: Ordinance 1158 R espectfully Submitted: Cody Colt Public Services Director 1 | Page CITY OF YELM ORDINANCE NO. 1158 AN ORDINANCE of the City Council of the City of Yelm, Washington amending Section 13.04.250 Yelm Municipal Code relating to monthly WHEREAS, the City of Yelm (“City”) is a non-charter Code city located in Thurston County, Washington; and WHEREAS, the City has preliminary approval of its 2026 Water System Plan; and WHEREAS supports WHEREAS, the 10- analysis portions of the updated Water System Plan have been completed; and WHEREAS WHEREAS, WHEREAS provide essential municipal services, create quality infrastructure, and manage public NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES ORDAIN AS FOLLOWS: Meeting Date: 9/22/2026 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM:ORDINANCE 115 9 amending Section 13.04.095 Yelm Municipal Code relating to monthly sewer rates. COMMITTEE REVIEW: X YES NO COMMITTEE: Public Services Committee ATTORNEY REVIEW/APPROVAL: X YES NO N/A PROPOSED MOTION: Move to approve Ordinance 115 9 amending section 13.04.095 Yelm Municipal Code relating to and lowering monthly sewer rates and declaring an effective date of January 1, 2027. KEY FACTS AND INFORMATION SUMMARY: A rate study completed in August 2026 confirmed that current sewer rates are adequate. Although costs continue to rise, system growth has covered those financial needs. Since sewer rates were last adjusted and increased in 2017, this update passes those gr owth efficiencies on to current customers and reduces the average monthly Utility bill (Water/Sewer/Stormwater) by 5% starting in 2027. ATTACHMENTS: Ordinance 115 9 Respectfully Submitted: Cody Colt Public Services Director 1 | Page CITY OF YELM ORDINANCE NO. 1159 AN ORDINANCE of the City Council of the City of Yelm, Washington amending Section 13.04.095 Yelm Municipal Code relating to monthly WHEREAS, the City of Yelm (“City”) is a non-charter Code city located in Thurston County, Washington; and WHEREAS, the City has been working on its 2027 General Sewer Plan; and WHEREAS, ; and WHEREAS, the 10- WHEREAS, City Council last adopted sewer rate adjustments with Ordinance General Sewer Plan process; and WHEREAS some relief to our sewer consumers, while keeping up with population growth and infrastructu re needs; and WHEREAS, resources with transparency, accountability, and sustainability. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES ORDAIN AS FOLLOWS: M eeting Date: 9/22/2026 C ITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington A GENDA ITEM: ORDINANCE 11 60 amending Section 13.10.050 Yelm Municipal Code relating to monthly stormwater rates. C OMMITTEE REVIEW: X YES NO COMMITTEE: Public Services Committee AT TORNEY REVIEW/APPROVAL: X YES NO N/A P ROPOSED MOTION: Move to approve Ordinance 11 60 amending section 13.10.050 Yelm Municipal Code relating to s tormwater rates and declaring an effective date of January 1, 2027. KEY FACTS AND INFORMATION SUMMARY: A rat e study completed in August 2026 confirmed that current stormwater rates are inadequate. Rising costs, additional staffing, and required state mandates have increased expenses to the stormwater fund overall. Since stormwater rates were last adjusted i n 2017, this update aligns them with current costs and needs and incorporates provisions for future growth and inflation. A TTACHMENTS: Ordinance 11 60 R espectfully Submitted: Cody Colt Public Services Director 1 | Page CITY OF YELM ORDINANCE NO. 1160 AN ORDINANCE of the City Council of the City of Yelm, Washington amending Section 13.10.050 Yelm Municipal Code relating to stormwater January 1, 2027 W HEREAS, the City operates a utility for the provision of stormwater management services and has set rates and fees to fund the costs of these services; and WHEREAS, the City Council established stormwater utility service charges by Ordinance No. 682 in 1999 and most recently adjusted those charges by Ordinance No. 1027 in 2017; and WHEREAS, the City has not adjusted the monthly service charge rates since 2017; and WHEREAS, the regular review and adjustments of rates and fees are necessary to servic e charges; and WHEREAS adjustment to monthly stormwater service charges; and WHEREAS, to adjust monthly rates in amounts necessary to improve funding of the operations and capital improvement needs of the utility; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES ORDAIN AS FOLLOWS: