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12 13 2016 Updated Agenda Packet
AGENDA YELM CITY COUNCIL MEETING UPDATE TUESDAY, DECEMBER 13, 2016 6:00 P.M. Website Viewing: Clicking on agenda items will open associated d resolutions, ordinances, etc. Note: some agenda items may not have attachments. Call to Order 1. Roll Call 2. Agenda Approval ACTION 3. Special Presentations- 4. Student of the month Shelby Fox Introduction of new City Administrator, Michael Grayum Public Comment 5. Please the meeting recorder. Comment topics should not appear elsewhere agenda. Time (three minutes per speaker) and the number of speak are limited and may be adjusted to meet agenda requirements. 15 Council will go into a 15 minute Executive Session for the purpose of min discussing the proposals made in collective bargaining negotiating sessions for Teamsters Local #252 RCW 42.30.140(4)(a)(b). Consent AgendaACTION 6. Minutes; a. Regular Meeting November 22, 2016 and Study Session minutes from November 16, 2016 Payables; b. Checks #68047 - #68169, Totaling $681,140.56 Creek Road Final Binding Site Plan c. Tami Merriman, Associate Planner Attachments: Staff report Public Hearing- none scheduled 7. New Business- 8. Dreamland Skateparks LLC Retainage Release ACTION a. 5 min Presenter: Chad Bedlington, Public Works Director Attachments: Staff report, Resolution No. 571 Wastewater Reuse Facility Plan ACTION b. 15 min Presenter: Chad Bedlington, Public Works Director Attachments: Staff report, Resolution No. 571 Professional Services Agreement for Phase I of Facility Plan c. Parametrix Inc. ACTION 5 min Presenter: Chad Bedlington, Public Works Director Attachments: Staff report, Agreement Interlocal Agreement between the City of Yelm and Yelm Community ACTION d. Schools 10 min Presenter: Grant Beck, Community Development Director Attachments: Staff report, Agreement Memorandum of Understanding (MOU) between the City of Yelm and ACTION e. Teamsters Union Local #252 (Public Works) Presenter: Mayor JW Foster Attachments: Staff report, MOU Prosecution Services Agreement with Bean, Gentry, Wheeler, Peternell ACTION f. LLC Presenter: Mayor JW Foster Attachments: Staff report, Agreement Old Business- 9. Contract for Services Yelm Community Services ACTION a. Presenter: Grant Beck, Community Development Director Attachments: Staff report, Agreement Council and Mayor 10. Councilmember Curry represents Yelm on the following committees. Thurston County Solid Waste Finance Department Liaison Advisory Committee (SWAC) Public Safety Liaison Authority Liaison Councilmember Carmody represents Yelm on the following committees. Intercity Transit Board Community Investment Partnership CIP) Community Development Liaison Finance Department Liaison Councilmember Littlefield represents Yelm on the following committees. Councilmember Stillwell represents Yelm on the following committees. Thurston County EDC Board Finance Department Liaison Public Safety Liaison Councilmember Wood represents Yelm on the following committees. Thurston Regional Planning Public Works Liaison Transportation Committee (TRPC) TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees. Yelm Transportation Committee Thurston County Law and Justice South Thurston Economic Development Initiative group Public Safety Liaison (STEDI) Councilmember Hendrickson represents Yelm on the following committees. Thurston County EMS-Medic Yelm Emergency Operations OneBoard Public Works Liaison Mayor Foster represents Yelm on the following committees. Yelm Economic Development Yelm Finance Committee Committee Yelm Emergency Operations ForumBoard Yelm Transportation Committee Executive Session-no additional session scheduled 11. Correspondence 12. (Correspondence is available upon request) Yelm Area Chamber of Commerce Newsletter December 2016 Thurston Regional Planning Council Meeting After Meeting Summary December 2, 2016 Adjourn 13. Upcoming Meetings Regular City Council Meeting, Tuesday, January 10, 2017, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, January 24, 2017, 6:00 pm, Public Safety Build Council Study Session, Wednesday, January 25, 2017, 5:00 pm, Pub CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8437. Public comments are welcome. However, in order to proceed with s time per speaker is limited to 3 minutes and the number of speakers limited to five. Comments d public comment portion of the meeting should not be associated w elsewhere on the agenda and should not address topics for which been conducted or are anticipated. a person with a disability and in need of reasonable accommodati in government processes or activities, please contact Lori Mossman, at 360.458.8437 at least four (4) working days prior to the scheduled event. The City of Yelm is a employer. The Preliminary Agenda and Approved Council Minutes are available at www.ci.yelm.wa.us. Agenda Item 6. a. Minutes Page 1 of 8 YELM CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 22, 2016 MINUTES 1. Mayor Foster called the meeting to order at 6:00 pm. 2. Roll Call Present: Jennifer Littlefield, Tad Stillwell, Tracey Wood, Joe Russ Hendrickson. Councilmember EJ Curry will join the meeting b the Executive Session. 16-136 MOTION BY JENNIFER LITTLEFIELD EXCUSING COUNCILMEMBER MOLLY CARMODY FROM THE MEETING. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. 3. Agenda Approval 16-137 MOTION BY JENNIFER LITTLEFIED TO REMOVE 9. a. CONTRACT FOR SERVICES-YELM COMMUNITY SERVICES TO THE DECEMBER 13, 2016 MEETING. SECONDED BY TRACEY WOOD. Councilmember DePinto asked why the item was postponed. Councilmember Littlefield explained that some members of the Council had additional questions. Councilmember Wood stated there were further question on the funding and the existing programs. MOTION CARRIED. 16-138 MOTION BY TRACEY WOOD TO APPROVED THE AMENDED AGENDA. SECONDED BY RUSS HENRICKSON. MOTION CARRIED. 4. Special Presentations 5. Public Comment- Michael Anderson, updated the Council on the new formed Yelm Sp PTA group stating that the group is in the final phase of gettin have had their charter meeting. The group will meet at the New L Center on Morris Road on December 15, at 7 pm. At the initial ch they will establish nominations and vote for new officers. They their base line standard rules that will mimic the state rules a committees. The committees will be made up of individuals from d in Thurston County. Annual membership dues will be $10-$11. Mr. encouraged all parents, grandparents, students, school staff and members. Councilmember DePinto thanked Mr. Anderson for coming o explaining the membership and stated he will be attending the me Councilmember Littlefield asked if the PTA will be an advocacy r on running programs. Mr. Anderson stated the group will be both. group is to get special needs students included and not excluded and functions. At 6:11 Mayor Foster announced that Council will go into 15 min Session for the purpose of discussing the proposals made in coll negotiating sessions for the AFSCME group RCW 42.30.140(4)(a)(b) At 6:26 pm, Mayor Foster reconvened the meeting. Councilmember EJ Curry joined the meeting via phone at 6:26 pm. 11-22-16 Agenda Item 6. a. Minutes Page 2 of 8 6. Consent Agenda Minutes Regular Meeting November 8, 2016 Payables Checks #67977 - #68046 Totaling $180,186.27 YCP, Annual Christmas in the Park, December 2-3, 2016, Open to the Pu 16-139 MOTION BY RUSS HENDRICKSON APPROVING THE CONSENT AGENDA AS PRESENTED. SECONDED BY TRACEY WOOD. MOTION CARRIED. 7. Public Hearing Ordinance No. 1016, 2017 Budget Receiving no additional comments from the public, Mayor Foster c Hearing at 6:28. 8. New Business a. Ordinance No. 1016, 2017 Budget Finance Director Noah Crocker stated that the 2017 Budget was pr Council on October 26, 2016. On November 8, Council held the fir on the budget. An update was presented to Council at the Study S November 16. Mayor Foster and staff presented a $7.390 million d budget. It is a moderately aggressive approach to revenue projec million), as well as a thorough analysis of planned expenditures current programs, contracts and levels of service provided to th Highlights of the 2017 Budget include: fills necessary staffing Hall, Public Works and the Police Department; replaces failing e needed equipment; SR507 Sidewalk Project; AC water line replacem Cochrane Park Control System and SCADA repairs; Spray Park; comp Sewer Capital Facilities Plan and the completion of the Water Co 16-140 MOTION BY TRACEY WOOD TO ADOPT ORDINANCE NO 1016 APPROVING THE 2017 BUDGET FOR THE CITY OF YELM. SECONDED BY RUSS HENDRICKSON. of adopting the 2017 Budget (attached). Discussion followed. Mayor called for the vote: 5-AYE, 1-NYE (DEPINTO). Mayor Foster asked Councilmember DePinto why he voted no on the budget. Councilmember DePinto declined to com time. b. Washington State Council of County and City Employees, Council 2 AFSCME Union Contract November 22, 2016-December 31, 2018 Mayor Foster stated the previously non-represented City of Yelm , moved to organize and seek union representation to better negoti working conditions. The negotiations for the first contract star year with Mayor Harding and continued with Interim City Administ Brandon. Final negotiations were completed by Mayor Foster with as our legal representative, Peter Altman. The union membership has contract and the 2017 Budget has been amended to reflect changes compensation. 16-141 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN THE CONTRACT WITH THE EMPLOYEES REPRESENTED BY THE AMERICAN 11-22-16 Agenda Item 6. a. Minutes Page 3 of 8 FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME). SECONDED BY JOE DEPINTO. MOTION CARRIED. c. Appointment of City Administrator Mayor Foster stated there were three very qualified candidates t interviewed last Wednesday. Mayor Foster thanked everyone for th time spent vetting the candidates. Michael Grayum accepted the p Administrator and will start December 15 as a soft start and the January 3, 2017. 16-142 MOTION BY JENNIFER LITTLEFIELD TO APPROVE THE MAYORS APPOINTMENT OF MICHAEL GRAYUM TO THE CITY ADMINISTRATOR POSITION. SECONDED BY TRACEY WOOD. MOTION CARRIED. Councilmember DePinto stated that Michael Grayum is very qualifi that he was chosen for the position. Michael Grayum will be attending the December 13, 2016 Council meeting where he will be introduced to d. Joint Defense Agreement Mayor Foster reported that at the time of arrest, a Yelm Officer determination of what charges are likely to be brought against t deemed to be at the felony level, the prisoner is transported to County Jail for prosecution. Historically, once the prisoner is Thurston County, any expenses incurred for the treatment of medi arise in their custody have been paid for by Thurston County. We told that the County would like the municipalities that initiate for those medical costs. We do not believe that to be our respon agreement provides us with a cost-efficient opportunity to colle point. 16-143 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN THE JOINT DEFENSE AGREEMENT FOR THE PURPOSE OF DEFENDING AGAINST THE POTENTIAL LAWSUIT FOR RECOVERY OF MEDICAL COSTS INCURRED MUNICIPALITIES. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. Councilmember DePinto asked who prompted this discussion. Mayor Foster explained that this was brought about by combined convers all the Cities when the County sent out a letter to all the muni the County Jail, that they were going to be billing for the serv treatment for the inmates. This is in preparation for the potent funds. 9. Old Business a. Contract for Services Yelm Community Services-TABLED UNTIL DECEMBER 13, 2016. 10. Mayor and Council Initiatives Councilmember Littlefield attended the Thurston Thrives committee meeting where they determined what their roles would be. Mayor Foster th Councilmember Littlefield for representing the City at those mee Councilmember Curry attended the SE Thurston Fire County Fire Authority meeting where she met with the Chief King and Community Developm Grant Beck to discuss the Fire Impact Fees. Councilmember Curry ed 11-22-16 Agenda Item 6. a. Minutes Page 4 of 8 Thurston County Solid Waste Advisory Committee (SWAC) meeting wh rewriting the manual that is part of the Thurston County Compreh will be completed next month. Mayor Foster thanked Councilmember Curry for taking his place at meeting. Councilmember EJ Curry left the Council meeting at 6:41 pm. Councilmember Stillwell attended the Interviews for the City Administrator last week and then the Study Session that afternoon. Councilmember Wood attended the TComm 911 Admin Board meeting and reported that the 2017 Budget was approved. Councilmember DePinto stated that asking his position on a vote after the vote has occurred is inappropriate and he did not appreciate it. He i his no vote on the Budget but did not feel that was the correct Councilmember DePinto stated he appreciates the work and dedicat Finance Committee has done on the 2017 Budget. He voted no becau do enough for Public Safety and in his opinion there was a lack Councilmember DePinto attended the Thurston County Law and Justi meeting. Councilmember Hendrickson attended the interviews for the City Administrator last Wednesday. Mayor Foster transparency during the budget process. This year has been the most open, transparent budgeting process that the Mayor has been involved w years involved with Council. The Finance Director, the Finance C Mayor were available to answer any questions anytime about the b Foster asked Council if they were comfortable and they received information about the budget to vote on it tonight. Councilmembe responded by saying that even though she was unable to attend th at which the budget was first presented, she did spend some one-on-one time with the Finance Director who repeatedly asked if she had any questio two Public Hearings on the budget. We approved a responsible bud taxpayers of Yelm. Not all things could be included in the budge were asked for by Department Heads. We cannot spend money that w have. Councilmember Wood stated as far as police officers and pu would all like to have as many police officers as we could get o have to decide where we are going to spend the limited amount of City of Yelm. Mayor Foster reiterated the question, if the counc process was accessible, open, transparent and the Council was in process. Councilmember Wood stated absolutely. Councilmember Sti yes. Councilmember Hendrickson stated yes. Councilmember DePint felt bullied by the Mayor for voting against the budget. Mayor F asking for clarification as the Mayor he is tasked with the job to bring to Council for approval and heard a criticism from Coun that he had not heard before. Mayor Foster thanked the Finance C members and the Finance Director for their transparency through process. Councilmember DePinto stated he shared his dissatisfact transparency of the budget at the last public meeting. Mayor Foster has been working on the budget, various contracts a important matters and dealing with customer issues and feels very 11-22-16 Agenda Item 6. a. Minutes Page 5 of 8 Yelm Cemetery, and attended the JBLM installation update. Mayor Foster invited Public Works Director Chad Bedlington to share the news of the l TIB Grant. Maryanne Zukowski will start December 1, 2016, as the Works Manager. She will be a great addition to the Yelm Team. Sh Professional Engineer with a great resume and is a fantastic grant writer. Chad received good news today from the Transportation Improvement Boa City of Yelm has been approved for the Cullens Road Pavement Res It will require a 10.1 percent match from the City on about a $6 project to rebuild the mini loop and fix some of the damage that the bypass ending on a residential street. The City of Yelm also funding for a corridor study of Yelm Avenue and how it will look o complete and some alternative transportation funds that will hel write grants and successfully secure monies for future projects Chief Stancil reported that he hired Tillman Atkins as a latera will start on December 1, 2016. Mr. Atkins comes from the City o December 12, 2016 is the Executive Seminar on Recovery Exercises Thurston County Emergency Management for all elected officials. reported that Chad Bedlington, Public Works Director, needed to neighborhood of Tahoma Boulevard of an excessive amount of chlor in the lines due to a calibration issue. It was not a harmful qu alarm residents. This was the first opportunity to use the Alert were some hurdles to get over but unless people sign up for Alere system will not be as effective as we want it to be. There were the entire development. Facebook page, please sign up. Grant Beck, Community Development Director reported that he alo Councilmember Curry met with representatives from the City of Ra Thurston Fire Authority to discuss the Impact Fees in the effort decide if they would be collecting the fees or not. 11. Executive Session no additional session scheduled. 12. Correspondence included th News Release-Thurs Annual Award for Financial Reporting Achievement. 16-144 MOTION BY RUSS HENDRICKSON TO ADJOURN, SECONDED BY TRACEY WOOD. MOTION CARRIED. 13. Adjourned at 7:00 pm. ___________________________ Attest: _________________________ JW Foster, Mayor Lori Mossman, 11-22-16 Agenda Item 6. a. Minutes Page 6 of 8 YELM CITY COUNCIL STUDY SESSION WEDNESDAY, NOVEMBER 16, 2016 1:00 P.M. Mayor Foster called the meeting to order at 1:00 p.m. Present: Councilmembers: EJ Curry, Tracey Wood, Jennifer Littlef, Joe DePinto and Russ Hendrickson. Molly Carmody arrived at 1:30. Staff: Sonia Ramirez, Grant Beck, Chad Bedlington, Dana Spivey, Karen B Bill VanBuskirk, Lori Mossman and Noah Crocker. Public: Steve Kl Mayor Foster amended the agenda to add Yelm Community Services p the 30 minute Executive Session. 4 a. Executive Session At 1:01 pm Mayor Foster announced that Council will go into a 30 evaluate the qualifications of candidates for public employment Foster invited City Staff and Community Panel members to the exe At 1:31 pm Mayor Foster closed the executive session and reconve 4 b. Yelm Community Services Presentation Cindy Marchand-Cecil explained the services that are provided by Services (YCS). Some include Vehicle Licensing, Head Start, Kris or elderly families, Summer Day Camp, Emergency shelter, Thrift Community Services also manages the three homes that the City of the Neighborhood Stabilization Program to be rented to families to promote affordability in the Yelm community. Cindy Marchand-C Council in 1989 to ask for financial support from the City to as for the Yelm community. At that time, YCS received about $75 a m proposed amount to come before Council for approval is $250 a mo. 4 c. WRF Facilities Plan Update Brian Bunker with Parametrix Inc. provided a detailed power poin phases and costs of upgrading the Waste Water Treatment Facility VanBuskirk and Public Works Director Chad Bedlington were also p questions. Brian stated that the plant has reached or exceeded t its pumps and motors. An upgrade will have to be done to accommo Yelm. The Capital Improvement Plan will be coming before Council document must be approved to move forward for grant opportunitie they are planning for growth and that the plant can treat the ne The total cost of the three mandatory phases and one optional ad million. Brian suggests that Phase I upgrades are critical to pr disruptions in the event of the system failing. Grant applicatio of the funding and other state agencies are being contacted for offset the costs of upgrades is to raise the sewer rates. The rates could be raised as much as 8.1% over five years. 4 d. Budget Update Mayor Foster explained that some last minute updates have been d accommodate the AFSCME union contract. Mayor Foster invited disc Budget that will be on the agenda for the November 22 Council me Councilmember Stillwell asked for clarification on the new Offic Foster explained that Council approved an additional Officer to This approval was given early so that there would be a new Offic of 2017. There is a Commander position in the 2017 Budget, but no 11-16-16 Agenda Item 6. a. Minutes Page 7 of 8 this time. Chief Stancil and Mayor Foster are looking at options the four additional Officers requested by Chief Stancil. Mayor F looking at the revenues quarterly in 2017, we will have a better idea of the timing of that position. Unfortunately, the Police Department is funded solely Foster explained that although most departments are understaffed all the positions requested at once. Monthly budget reports will aware of revenues. When we add staff, we want to make sure that that position so that we do not then end up laying that position Discussion followed regarding the approach conservative or aggressive for the 2017 Budget. Councilmember Carmody will not be at the November 22 meeting and will call in for the meeting. 4 d. Public Forum Discussion Mayor Foster asked for comments on the recent Public Forum discu Retail Cannabis locations. Council consensus is that the Forum w the community and would like to see more of them in the future. Community Development Director Grant Beck for an update on the D Plan is a goals and policies Plan and the Unified Development Co document. Grant explained there are policies in the draft Comp P trucks. The Community Economic Development committee will be rev the public comments received during the public comment period. T additional policies that would allow food trucks. Once the Comp Council, those regulations will be incorporated into the UDC as would clarify regulations for food trucks. The intent with the Cwas to be consistent with the State regulations. The State has changed the buffers from Schools and Daycares. Cannabis retail stores must f Washington State Liquor and Cannabis Board before they can even Any changes must be vetted through the Planning Commission then Council for vote before becoming part of the UDC. 5. Mayors Report. Mayor Foster asked Public Works Director Chad Bedlington the sta Works Manager Maryanne Zukowski. Chad stated she is very qualifi December 1, 2016. Mayor Foster suggested that Maryanne attend th Council meeting so everyone could meet her. Mayor Foster asked P update the Council on the Panhandling issue. Chief Stancil repor tapered down due to the change in weather. Chief stated that thi years ago and found that we have disorderly conduct laws in our the aggressive panhandlers, which was the primary concern. Chief Police Officer, Tillman Atkins will start December 1, 2016. He c has about 8 years of experience. Chief Stancil also reported tha Reserve Officer Joe Rivera attended a police themed birthday pars. It was a surprise to the boys and it turned out fantastic. Noah Cro that interviews are scheduled for December 5, for the Senior Acc Foster reported that Dana Spivey, Executive Assistant and Lori M their offices with the help of Tony Reece and Jim May from publi Business Association asking that the City buildings be decorated (Unfortunately, the power poles along Yelm Avenue are not equipp. Mayor Foster has received several complaints from citizens stating they thoug was the Fire Department. The Yelm Community Center could get a n Community Development special naming team brings forwards a name upon. Grant Beck, Community Development Director reported that h 11-16-16 Agenda Item 6. a. Minutes Page 8 of 8 preparing plans for the Santa Booth for Christmas in the Park. Mayor Foster stated that on December 16, there will be an City Employee Appreciation Luncheo from 12-2pm. 6. Council Initiatives Councilmember Stillwell would like some clarification on the absentee rules in the Mayo Council Protocol Manual. He has missed several meetings due to h meetings, they would be fine. It is the unexcused absences that you notify the Mayor or one of the staff that you are not able t then your absence can be excused by a vote of the Council. Councilmember Carmody has received requests from citizens about the boats and extra vehicles parked along the streets in developments. Councilmember Hendrickson received a disturbing and unprofessional email stating citizens were selling their houses and moving out of Yelm due to the most in to Council. Councilmember Hendrickson checked with real estat not heard of anyone selling and moving out of Yelm because of th Councilmember Littlefield stated that some of the street lights around town come on and t go off immediately. Chad Bedlington, Public Works Director just to replace the bulbs in about thirteen lights. The photocell in Noah Crocker stated that new citizens receive for utility service. Grant Beck stated that John Rowland, Buildi information at the time of new construction inspections. Mayor F onto the Chamber of Commerce. Councilmember DePinto asked for clarification on the Open Public Meetings Act and the email exchange. Grant stated it could be a violation if the emai there was back and forth exchange. Councilmember DePinto asked obligation is to the Library. Noah Crocker stated that the City the Library is located. The City has a monthly payment on the bu Condo Association and monthly utilities for the library. We have Regional Library and are supposed to receive $37,000 a year for operations for their space. Noah stated for the 2017 Budget, $55ed for the utilities and the association fees. Discussion followed abou Office at the end of the month. Mayor Foster will share the date when he receives it and everyone is invited to attend. Adjourn 4:13 p.m. ________________________________ Attest: _______________________ JW Foster, Mayor Lori Mossman, 11-16-16 Agenda Item 6.b. VOUCHER APPROVAL FORM The following is a list of checks approved for payment at Tuesday, December 13, 2016 council Payroll Direct Deposit-Employee 9999999999$180,804.32 Payroll Checks-Employee 6804768050$9,613.90 Payroll A/P Checks 6805168058$6,422.61 Payroll A/P EFT & Drafts 9999999999$180,317.15 A/P Checks/Voucher 2016 6805968149$197,587.25 A/P Voucher EFT & Drafts 9999999999$104,508.64 Utility Refunds6815068169$1,886.69 TOTAL$681,140.56 ____________________________ /_______________________________/________________________________ Mayor Councilmember Councilmember ____________________________/________________________________/________________________________ Councilmember Councilmember Councilmember ____________________________/_______________________________ Council member Councilmember ATTEST:_____________________________ CITY CLERK:_______________________________________ The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for payment passed on a motion by______________________________________________at a regular council meeting held this 13th day of December 2016 1 of 22 Agenda Item 6. c. Creek Rd. Final Binding Site Plan Page 1 of 4 Agenda Item 8. a. Dreamland Skateparks Retainage Release Page 1 of 2 Agenda Item 8. a. Dreamland Skateparks Retainage Release Page 2 of 2 Agenda Item 8. b. Resolution No. 571, Wastewater Reuse Facility Plan Page 1 of 7 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Chad Bedlington, Public Works Director Date: November 30, 2016 (for December 13, 2016 City Council Meeting) Subj: Resolution to Adoption the Sewer Facility Plan Attach: Resolution 571, Ecology Approval Notification, Link to F Plan: (http://www.ci.yelm.wa.us/reports_and_plans/) Recommendation Approve the 2016 Sewer Facility Plan by adoption of Resolution 5 Background A General Sewer Plan (GSP) was completed in 2013 that contained Water Reclamation Facility (WRF) and issues meeting permitted re processing and distributing reclaimed water. That plan was adop Resolution No. 544. Also contained in the GSP were discussions potentially modify the WRF in the short term to meet permitted r accommodate a growing community. The next step in evaluating the complete a Sewer Facility Plan as required by the Washington Sta Ecology (DOE). This Plan examines the WRF at a micro-level and evaluates alternatives for wastewater treatment that may be available for continue to meet permitted requirements placed on reclaimed wate capacity needed to support growth in our community. Current Situation The DOE reviewed and approved the Sewer Facilities Plan on Octob Sewer Facility Plan was well received and supported by DOE staff through extensive collaborate between the two agencies. The approved plan was pre Works Committee on November 2, 2016 and to the full City Council 22, 2016 worksession. This plan will function as our guiding do forward with determining our capital needs at the WRF, how to pl limitations, and ascertain how to fund those modifications and i fiscally responsible way. December 13, 2016 Page 1 of 1 Agenda Item 8. b. Resolution No. 571, Wastewater Reuse Facility Plan Page 2 of 7 CY ITY OF ELM RN571 ESOLUTION UMBER ASFP DOPTION OF A EWERACILITIES LAN W,the City of Yelm provides sanitary sewer service for the community; HEREAS and W,the City of Yelm received National Pollution Discharge Elimination HEREAS SystemDischarge Permit No. WA0040762 from the Washington State Department of Ecology permitting the City to provide such service; and W,the aforementioned permit required submittal of an approvable HEREAS facilities plan as a condition of the approval of the City of Yelm’s General Sewer Plan adopted in July of 2013; and W,such facilities plan was submitted onJune 27, 2016 to the Washington HEREAS State Department of Ecology and subsequently approved on October 21, 2016; NOW, THEREFORE, BE IT RESOLVED by theYelm City Council to adopt the City of Yelm Sewer FacilitiesPlan, including all volumes, chapters, and appendices. th APPROVED this 13day of December, 2016. JW Foster, Mayor ATTEST: Lori Mosman, City Clerk Agenda Item 8. b. Resolution No. 571, Wastewater Reuse Facility Plan Page 3 of 7 Agenda Item 8. b. Resolution No. 571, Wastewater Reuse Facility Plan Page 4 of 7 Agenda Item 8. b. Resolution No. 571, Wastewater Reuse Facility Plan Page 5 of 7 Agenda Item 8. b. Resolution No. 571, Wastewater Reuse Facility Plan Page 6 of 7 Agenda Item 8. b. Resolution No. 571, Wastewater Reuse Facility Plan Page 7 of 7 Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 1 of 19 City of Yelm STAFF REPORT To:Mayor JW Foster Yelm City Council From:Chad Bedlington, Public Works Director Date:December 1, 2016 (for December 13, 2016City Council Meeting) Subj:Professional Services Agreement for WRF-Parametrix Attach: Professional Services Agreement includingScope and Budget Recommendation Authorize Mayor Fosterto sign acontract with Parametrix, Inc. in the amount of $239,685.10for the engineering design and permitting of the Immediate Phase 1 project for the Water Reclamation Facility (WRF). Background A General Sewer Plan was completed in 2013 that contained information on the Water Reclamation Facility and past issuesmeeting permitted requirements for reclaimed water. Also contained in the reportwere discussions regarding how to potentially modify the WRF in the short term to meet permitted requirements and accommodatea growing community. The next step in evaluating the WRF wasto complete a Facility Plan as required by the Washington State Department of Ecology (DOE). The FacilitiesPlan was presented to City Council for resolution to adopt on December 13, 2016. That plan examines the WRF at a micro-level and evaluatesalternatives for wastewater treatmentthat may be available for modifying the WRF to continue to meet permitted requirements. Current Situation Within the DOE approved Facilities Plan there are three distinct capital improvement phases identified(with a fourth alternative phase). The first phase, titled “Immediate Phase 1” within the plan calls for expedited replacement and improvements to the Reclaimed Water Pump Station and Critical SCADA Network Upgrades to keep the plant operable, enhance reliability, and provide capacity improvements. Currently operability is challenging and unreliable requiring extensive and regular reactive responseby staff at the WRF. A Request for Qualifications was assembled and three consultants were selected from the MRSC roster to submit a Summary of Qualifications for this project. A threeperson interview groupcomprised of City staff reviewed the submittals from the threeconsultants. Parametrix, Inc. was selected as the most capable consultant to complete the immediate phase one project. Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 2 of 19 PROFESSIONAL SERVICESAGREEMENT Summary of Terms A. CLIENT NAME: City of Yelm 105 Yelm Avenue West, Yelm, WA 98597 Address: B. PROJECT NAME: Water Reclamation Pump Station Improvements C. PARAMETRIX: 1019 39th Avenue SE, Suite 100, Puyallup, WA 98374 Office Address: 216-1781-825 Project Number: D.EXECUTION DATE: (date of latest signature by parties) E. TERM: December 31, 2017 (time for completion; see Exhibit B for work schedule) F. COMPENSATION (check one): [See Section 2.1 of the Terms and Conditions for Description; See Exhibit C for Compensation Schedule.] Lump Sum Lump Sum Amount: $ Negotiated Billing Rates Total Compensation Amount: $ 239,685.10 Salary Multiplier Total Compensation Amount: $ Other: Total Compensation Amount: $ G. NOTICES: If to Client: If to Parametrix: Address: 105 Yelm Avenue West Address: 1019 39th Ave. SE, Ste. 100 Yelm, WA 98597 Puyallup, WA 98374 Attention: Chad Bedlingham Attention: (name of designated client representative) (name of Parametrix signator) Phone: Phone: 360-458-8499 253-604-6600 Fax: Fax: 855-542-6353 E-mail: E-mail: chadb@ci.yelm.wa.us Form 03-CT-1-114/Rev. 05/08/2015 Page 1 of 7 Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 3 of 19 PROFESSIONAL SERVICES AGREEMENT Terms and Conditions This Professional Services Agreement (this “Agreement”) is entered into by and between Parametrix, Inc. (“Parametrix”) and City of Yelm (“Client”) as of the Execution Date referred to in the Summary of Terms (page 1 of this Agreement). (Parametrix and Client are each referred to herein as a “Party” and collectively as the “Parties.”) The Summary of Terms shall be incorporated with this Agreement by reference. 1. Authorization to Proceed costs incurred on or directly for the Project, including, but not limited to, necessary transportation costs, Unless otherwise provided in this Agreement, including current rates for Parametrix vehicles; meals execution of this Agreement by Client will be and lodging; laboratory tests and analyses; computer authorization for Parametrix to proceed with the services; word processing services; telephone; services outlined in the Scope of Work attached as printing, binding, and reproduction charges; all costs Exhibit A (the “Services”). Client acknowledges and associated with outside consultants, and other agrees that Parametrix will be providing the Services outside services and facilities; and other similar costs. and the Work Deliverables (as defined in Section 12) Reimbursement for Direct Expenses will be on the specifically for and solely with respect to the Project basis of actual charges when furnished by com- and that attempts to reuse the Work Deliverables mercial sources and on the basis of current rates outside the context of the Project may cause when furnished by Parametrix. In either case, a substantial damage. Therefore, Client covenants and service processing charge of 15 percent will be added agrees that it shall not use the Work Deliverables, to Direct Expenses. and shall not permit the Work Deliverables to be used, other than with respect to the Project, unless it has received the specific written approval of 3. Payment to Parametrix Parametrix. Parametrix will issue monthly invoices for the compensation due as a result of services provided 2. Compensation under this Agreement to that time, less services previously billed. Invoices are due and payable on 2.1 Parametrix’s compensation under this Agreement receipt. In the event that any portion of an invoice is shall be as set forth in the Summary of Terms and disputed, payment will be made for the non-disputed may be based on any one of the following: amounts. Parametrix will charge interest at the rate (a) Lump Sum. Under this compensation of 1½ percent per month, or the maximum permitted structure, Parametrix charges Client a fixed by law if less, on all past-due amounts starting 30 lump sum amount for the Services to be days after date of invoice. Parametrix will credit performed for the Project; Parametrix shall be payments first to interest and then to principal. responsible for all wages or salaries of its employees and costs of subconsultants. The 4. Standard of Care lump sum amount shall include all Direct Labor costs and Expenses, Indirect costs Parametrix shall perform the Services in a manner (overhead), and Profit. consistent with the degree of care and skill ordinarily exercised by members of the same profession (b) Negotiated Billing Rates. Under this currently practicing under similar circumstances. compensation structure, Parametrix charges Parametrix makes no warranties, express or implied, Client on the basis of negotiated (hourly, daily, etc.) rates for work performed on under this Agreement or otherwise, in connection with Client’s Project by Parametrix employees of the Services. the indicated classifications. These rates are subject to annual calendar year adjustments 5. Term and Termination and include all allowances for salary, overhead, and profit. Total Compensation is 5.1 Term. The term of the Agreement shall be as set the maximum amount payable for the defined forth in the Summary of Terms. If a term is not services, including indirect costs as identified specified in the Summary of Terms, Parametrix’s under paragraph 2.2. obligation to render the Services under this Agreement will be for a period that may reasonably (c) Salary Multiplier. Under this compensation be required for the completion of the Services. structure, Parametrix charges Client rates equal to the direct wages or salaries 5.2 Termination For Cause. This Agreement may be Parametrix pays to its employees for work terminated by (a) either Party if 1) the other Party fails performed directly on the Project, multiplied to perform substantially in accordance with this by a negotiated multiplier as shown in Agreement through no fault of the other Party and Section F of the Summary of Terms to cover does not commence correction of such failure within payroll-related taxes, payments, premiums, ten (10) days after written notice thereof and diligently benefits, and other indirect costs, plus completes the correction promptly thereafter, or 2) the overhead and profit. Total Compensation is performance of the Services pursuant to this the maximum amount payable for the defined Agreement are delayed or suspended for more than services, including indirect costs as identified ninety (90) days for reasons beyond Parametrix’s under paragraph 2.2. control; (b) Parametrix, upon seven (7) days’ written notice if Parametrix believes that Client is requesting 2.2 In addition to any of the fee structures set forth above in 2.1(b) and (c), Parametrix may charge Client for it to furnish or perform services contrary to Para- Direct Expenses. Direct Expenses include those metrix’s responsibilities as a licensed professional. Form 03-CT-1-114/Rev. 05/08/2015 Page 2 of 7 Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 4 of 19 5.3 For Convenience. Either Party may terminate this but not limited to, all fees and charges of engineers, Agreement for any reason, or for no reason, upon architects, attorneys, and other professionals, and all thirty (30) days’ written notice to the non-terminating court or arbitration or other dispute resolution costs) Party. caused by breaches of this Agreement by Client or its officers, directors, employees, and consultants. 5.4 Payment Upon Termination. On termination, Client shall pay Parametrix for all authorized work per- 9. Hazardous Substances formed up to the termination date plus termination expenses, including, but not limited to, costs related 9.1 Client has disclosed to Parametrix all data available to the reassignment of personnel, subcontract to Client concerning the known or suspected termination costs, and related closeout costs. presence of chemicals and/or chemical categories, as defined by the most current listing, 40 CFR 372 6. Cost Opinions Subpart D – Specific Toxic Chemical Listings, at the Project site, including radioactive materials (a Any cost opinions or economic evaluations provided “Hazardous Substance”) in connection with the by Parametrix will be on a basis of experience and Services or has represented to Parametrix that, to the judgment, but, since Parametrix has no control over best of Client’s knowledge after due inquiry, market conditions, including cost of labor, materials, Hazardous Substances do not exist at or near the equipment, or services furnished by others, or bidding Project site. procedures, Parametrix does not warrant that bids, ultimate construction cost, or Project economics will 9.2 Notwithstanding any other provision contained in this not vary from these opinions. Client waives any claim Agreement and to the maximum extent permitted by for the accuracy or inaccuracy of such opinions. law, Client shall indemnify and defend Parametrix and its officers, employees, subconsultants, and agents from all claims, damages, losses, and expenses, 7. Limitation of Remedies including, but not limited to, direct, indirect, or Except as otherwise provided in Section 9 of this consequential damages and attorneys’ fees arising Agreement and except with respect to breaches by out of or relating to the presence, discharge, release, or escape of Hazardous Substances on or from the Client of its covenants in Section 1 of this Agreement, Project site. but notwithstanding any other provisions of this Agreement, each Party’s cumulative liability to the other Party, whether in tort or in contract, for all 10. Insurance claims, losses, damages, and expenses resulting in any way from the performance of this Agreement will Parametrix shall maintain public liability and property not exceed the compensation received by Parametrix damage insurance that shall protect Parametrix from under this Agreement or $50,000, whichever is personal injury or property damage claims arising greater. As used in this paragraph, when referring to from its negligent acts or omissions in the per- Parametrix as a liable Party, Parametrix includes formance of the Services under this Agreement. The Parametrix and its Directors, Officers, Employees or limits of liability for such insurance shall be at least Agents.$1,000,000 combined single limit. Notwithstanding any other provision of this 11. Confidentiality Agreement, and to the fullest extent permitted by law, neither the Client nor Parametrix, their respective 11.1 Definition of Confidential Information. “Confidential officers, directors, partners, employees, contractors Information” means all nonpublic information, in or subconsultants shall be liable to the other or shall whatever form (including without limitation orally make any claim for any incidental, indirect or disclosed information), that either Party to this consequential damages arising out of or connected in Agreement (each a “Disclosing Party”) designates any way to the Project or to this Agreement. This as confidential at the time of disclosure to the Party mutual waiver of consequential damages shall that receives such information (each a “Receiving include, but is not limited to, loss of use, loss of profit, Party”) or that, based on the nature of the information loss of business, loss of income, loss of reputation or circumstances surrounding its disclosure by or on and any other consequential damages that either behalf of Disclosing Party, Receiving Party should in party may have incurred from any cause of action good faith treat as confidential. Confidential including negligence, strict liability, breach of contract, Information includes without limitation, practices, and breach of strict or implied warranty. procedures, specifications, drawings, sketches, models, samples, data, plans, computer programs, 8. Indemnification records, documentation, or other technical or business information. Except as otherwise indicated, 8.1 By Parametrix. Subject to Section 7, Parametrix shall the term “Receiving Party” also includes all affiliates indemnify and hold harmless Client, Client’s officers, of the Receiving Party. If information is disclosed in directors, partners, and employees from and against intangible form without being designated as any and all costs, losses, and damages (including, confidential, Disclosing Party may still designate it as but not limited to, all fees and charges of engineers, confidential by providing Receiving Party with written architects, attorneys, and other professionals, and all notice stating that designation and providing court or arbitration or other dispute resolution costs) Receiving Party with a written summary of the caused by breaches of this Agreement by Parametrix confidential information, within twenty (20) days of or its officers, directors, employees, and consultants. initial disclosure. 8.2 By Client. Subject to Section 7, Client shall indemnify 11.2 Exclusion. Confidential Information does not include and hold harmless Parametrix, Parametrix’s officers, information that Receiving Party can document: (a) directors, partners, employees, and any individuals or was generally known to the public at the time it was entities that have a contract with Parametrix to furnish disclosed by Disclosing Party; (b) became generally services with respect to the Project from and against known to the public other than through a breach of any and all costs, losses, and damages (including, this Agreement by Receiving Party after the time of Form 03-CT-1-114/Rev. 05/08/2015 Page 3 of 7 Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 5 of 19 other destructive or harmful programs, scripts, disclosure to Receiving Party by Disclosing Party; or (c) was independently developed by Receiving Party applets, or files, before accessing or using. The without reference to or use of Confidential original files containing the information and data Information. maintained at Parametrix shall be considered Confidential Information under the terms of 11.3 Receiving Party Obligations. Receiving Party will not Section 11. use or disclose any Confidential Information except in furtherance of the parties’ mutually agreed business 14. Document Retention relationship. Receiving Party will not disclose, give access to, or distribute any Confidential Information to 14.1 Work Deliverables. Work Deliverables are the any third party, except upon Disclosing Party’s prior, property of Client and will be delivered to Client at written authorization. Receiving Party will take Client’s request. Notwithstanding the foregoing, reasonable security precautions to keep Confidential Client acknowledges and agrees that unless Client Information confidential, which precautions shall be at specifically requests that such documents be least as protective as the precautions Receiving Party delivered, all Work Deliverables left in Parametrix’s takes to preserve its own Confidential Information of a possession after ten (10) years following the similar nature. completion of the Project, regardless of whether this Agreement may still be in effect, may be retained or 12. Ownership destroyed by Parametrix in its sole discretion. 12.1 Work Deliverables. “Work Deliverables” shall mean 14.2 Project Documents. All Project Documents may be the final plans, designs, reports, and/or other retained or destroyed by Parametrix in its sole documents prepared by Parametrix for delivery or discretion. presentation to Client as called for in Exhibit A (the Scope of Work). All Work Deliverables produced by 15. Compliance with Laws Parametrix for or at the direction of Client hereunder shall be the property of Client and, to the extent Parametrix will: (a) comply with federal, state and subject to copyright protection, shall be deemed local laws, ordinances, regulations, and orders as in “work for hire” as such term is defined under U.S. effect as of the Execution Date with respect to its copyright law; provided, however that (a) Parametrix performance of the Services pursuant to this may retain copies of all such Work Deliverables in Agreement, (b) file all required reports and pay all accordance with Section 14 of this Agreement, and filing fees and federal, state, and local taxes (b) Client irrevocably grants Parametrix a world-wide, applicable to Parametrix’s business as the same shall perpetual, non-exclusive license to use, reproduce, become due, and (c) pay all amounts required under create derivative works from, and distribute or have local, state, and federal workers’ compensation acts, distributed to or by third parties, the Work disability benefit acts, unemployment insurance acts, Deliverables.and other employee benefit acts when due. 12.2 Project Documents. All Project Documents shall be 16. Notice of Lien the sole property of Parametrix. “Project Documents” shall mean all studies, reports, 16.1 If Client is the Owner. If Client is the owner of the evaluations, designs, drawings, procedures, field property on which the Services are to be performed, data, notes, specifications, plans, and all other by signing this Agreement, Client is on notice and documentation, including all documents on electronic acknowledges Parametrix’s right to claim a lien media that are produced or acquired by Parametrix against the improvement called for by this Agreement for or at the direction of Client pursuant to this for the cost of the Services if Client fails to pay all Agreement, other than Work Deliverables. sums owed to Parametrix under this Agreement. 16.2 If Client is not the Owner. If Client is not the owner of 13. Electronic Files and Data the property on which the Services are to be per- Subject to the provisions of Section 11, Parametrix formed, Client shall put the owner on notice of will provide certain information, including drawings Parametrix’s right to claim a lien against the improve- and other electronic format data files, to Client for ment called for by this Agreement for the cost of the Client’s use and reference. However, Parametrix is Services. neither accountable nor responsible for the validity of data contained on electronic files once surrendered to 17. Independent Contractor Client. Parametrix does not warrant the accuracy of the content as contained in the electronic file(s) Parametrix shall be deemed to be an independent against computer viruses, unauthorized revisions to contractor in the performance of this Agreement and the files, or any other alterations or data destruction shall not be considered or permitted to be an agent, to the file(s). Parametrix shall not have any liability servant, joint venturer, or partner of Client, its parent for Client use of any electronic form file(s) or its or affiliates, if any. All persons furnished, used, content, including without limitation, any transmittal of retained, or hired by or on behalf of Parametrix shall bugs, viruses, or other destructive or harmful be considered to be solely the employees, personnel, programs, scripts, applets, or files to the computers or or contractors of Parametrix, and Parametrix at all networks of Client. Parametrix’s preparation of a times shall maintain such supervision and control transfer copy of electronic data will be made or over its employees, personnel, and contractors as is completed through reproduction from the file retained necessary to preserve its independent contractor and archived at the offices of Parametrix. Client status. Parametrix shall be responsible for payment acknowledges that the content of the transfer copy of any and all unemployment, social security, with- may not be an exact and virus-free copy of the holding, and other payroll taxes for its employees, as master file. Client acknowledges and agrees that applicable, including any related assessments or Client shall be solely responsible for inspection and contributions required by law. testing of the electronic file(s) provided by Parametrix to verify the content is free from bugs, viruses, or Form 03-CT-1-114/Rev. 05/08/2015 Page 4 of 7 Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 6 of 19 18. Dispute Resolution other Party, which consent shall not be unreasonably withheld, except that either Party may assign this All disputes arising between the Parties relating to the Agreement to an Affiliate without the other Party’s making or performance of the Services shall be prior written consent. If such an attempted resolved in the following order of preference: assignment occurs, the nonassigning Party will have the right to terminate this Agreement upon written (A) By good faith negotiation between repre- notice to the assigning Party. This Agreement will be sentatives of Parametrix and Client who have binding upon, enforceable by, and inure to the benefit authority to resolve the dispute fully and of the parties and their respective successors and finally. The existence and substance of any assignees to the extent permitted by this Section. negotiations pursuant to this Section shall be “Affiliate” means, with respect to any legally considered Confidential Information under recognizable entity, any other such entity directly or this Agreement, shall be treated as indirectly controlling, controlled by, or under common compromise and settlement negotiations for control with such entity. purposes of Federal Rule of Evidence 408 and any comparable provision and shall not 19.4 Third Party Beneficiaries. This Agreement gives no be used by any Party in any court, agency, or rights or benefits to anyone other than Client and tribunal in any country for any reason. Parametrix and has no third party beneficiaries. (B) In the event that the negotiations provided by 19.5 Survival. All express representations, covenants, Section 18(A) fail to resolve the dispute, the indemnifications, or limitations of liability included in Parties shall endeavor to resolve the dispute this Agreement will survive its completion or by non-binding mediation under the Com- termination (for any reason) for a period of three (3) mercial Mediation rules of the American years, provided, however, that the confidentiality Arbitration Association (“AAA”) using a provisions of Section 11 shall survive indefinitely. neutral mediator mutually acceptable to the Parties and with the costs therefore shared 19.6 Non-Waiver. No waiver of any provision of this equally. All proceedings pursuant to this Agreement will be effective unless it is in writing Section 18(B) shall be considered Con-signed by an authorized executive of the waiving fidential Information under this Agreement, Party and labeled as a “Waiver,” and no such waiver shall be treated as compromise and will constitute a waiver of any other provision(s) or of settlement negotiations for purposes of the same provision on another occasion. Non- Federal Rule of Evidence 408 and any enforcement of any provision of this Agreement by comparable provision, and shall not be used either Party shall not constitute a waiver of that by any Party in any court, agency, or tribunal provision nor shall it affect the enforceability of that in any country for any reason. provision or of the remainder of this Agreement. (C) In the event that the mediation provided by 19.7 Severability. If a court of competent jurisdiction holds Section 18(B) fails to resolve the dispute, the any term, covenant, or restriction of this Agreement to dispute shall be resolved pursuant to be illegal, invalid, or unenforceable, in whole or in Section 19.1. part, the remaining terms, covenants, and provisions will remain in full force and effect and will in no way (D) Notwithstanding anything to the contrary be affected, impaired, or invalidated. If any provision contained in this Section, the Parties reserve in this Agreement is determined to be unenforceable the right to seek equitable remedies with in equity, then the court making that determination will respect to the enforcement of any provision have the power to reduce or limit such provision, and of this Agreement. such provision will be then enforceable in equity in its reduced or limited form. 19. General Provisions 19.8 Headings. The headings used in this Agreement are inserted for convenience only and shall not be used in 19.1 Governing Law; Venue; Attorneys’ Fees. This the interpretation or construction of the terms hereof. Agreement will be governed by the laws of the state of Washington, excluding conflict of laws provisions. 19.9 Counterparts. This Agreement may be executed in Exclusive jurisdiction and venue will lie with the state any number of counterparts, each of which, when and federal courts sitting in Pierce County, executed, shall be deemed to be an original, and all Washington, and each of the parties hereby of which together shall be deemed to be one and the irrevocably consents to such jurisdiction. In any same instrument. action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this 19.10 Entire Agreement. This Agreement constitutes the Agreement, the primarily prevailing Party will be entire agreement between the parties with respect to entitled to recover its costs, including reasonable the subject matter hereof and supersedes all prior attorneys’ fees. and contemporaneous agreements or commu- nications with respect to that subject matter. 19.2 Notices. Any notice required under this Agreement shall be in writing, addressed to the appropriate Party 20. Exhibits and Schedules at its address on the Summary of Terms, and given personally, or by registered or certified mail, postage The following exhibits and schedules are hereby prepaid, or by a commercial courier service. All made a part of this Agreement: notices shall be effective upon the date of receipt. Exhibit A – Scope of Work The addresses, phone numbers, facsimile numbers, and email addresses for the Parties provided in the Exhibit B – Schedule for Work Completion Summary of Terms may be changed by means of a Exhibit C – Schedule of Compensation written notice given to the other Party. 19.3 Assignment. Neither Party may assign this Agreement or any of its rights and obligations hereunder without the prior written consent of the Form 03-CT-1-114/Rev. 05/08/2015 Page 5 of 7 Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 7 of 19 Signature Page – Professional Services Agreement The Parties have caused this Agreement to be executed by their duly authorized representatives as of the Execution Date referred to in the Summary of Terms. CLIENT PARAMETRIX, INC. By: By: Name: Name: (Please Print) (Please Print) Title: Title: Date: Date: Form 03-CT-1-114/Rev. 05/08/2015 Page 6 of 7 Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 8 of 19 Exhibit A – Scope of Work See attached Scope of Work. Exhibit B – Schedule for Work Completion To be completed prior to December 31, 2017. Exhibit C – Schedule of Compensation See attached budget. Form 03-CT-1-114/Rev. 05/08/2015 Page 7 of 7 Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 9 of 19 SCOPE OF WORK City of Yelm Water Reclamation Facility Immediate Upgrades Project UNDERSTANDING Reclaimed Water Pump Station Upgrade (RWPS) The City of Yelm desires to increase the firm capacity of the Re the Blower Building of the Water Reclamation Facility (WRF). In ys future groundwater re-charge obligations in conjunction with the peak hour needs of th capacity of the RWPS must be increased. Based on an evaluation pand finally from recommendations that were refreshed during the preparation of the understanding that the RWPS should be upgraded to better satisfy The reclaimed water pump skid and pumps are showing significant rrosion damage. During peak flow events in maximum summer reclaimed water demand the pump skid operates both 15-horsepower supply pumps at maximum speed. Potential future groundwater water rights transfer obligations wpacity shortfall. The station is severely under capacity to serve the existing rec (approximately 850 gpm during summer months). Based on the above understanding and the preliminary engineeringed to date, we understand the scope of this project will be to upgrade existing pump skid with a new pump skid capable of providing a fgpm) at 208 feet (90 psi). Construction will include demolition of the existing corroded package pum VFDs for each pump; and replacement of reclaimed water discharg Critical SCADA SystemUpgrades/Replacements Yelms existing WRF Supervisory Control and Data Acquisition (SCADA) system plant is comprised of four Programmable Logic Controllers (PLCs), one Human Machine Interface (HMI) server, and two HMI clients. communications framework consists of an existing DH+ network and equipment for the SCADA system. Key elements of the SCADA improvements project are to: Replace the WRF HMI server with a new HMI server running Wonderware. Due to no migration pa with the existing HMI screens, new interface screens will be devperator control/monitoring of the WRF. The WRF HMI server will be designed with a local histor for use on reports, troubleshooting plant operation, and future historian will be set up redundant to the existing water system the existing WRF dedicated communication link to the City side a Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 10 of 19 will minimize risk of losing data in the future by providing an coordinated with the Citys IT department. Replace the existing HMI client computers with new HMI client co continue to be dedicated for operators to monitor the WRF SCADA areas of the WRF. Install a DH+ to Ethernet protocol converter to transition the S provide time during the transitioning of the PLC from the DH+ ne Install wireless radio transmitter/receiver system and network equipment for Ethernet communications for the control system. The wireless communications would be dedicated links between Blower Control Building and Solids building and Control Building. The network equipment would be installed with provisions for the future WRF fiber optic network installation. Replace AllProgrammable Logic Controllers The instrumentation and process control system for the WRF is co programmable logic controllers (PLCs), and operator control and data collection computers. The WRF is automated facility; however, much of the WRF equipment is operat computers are connected to each other and four PLCs via DH+ commble. The PLCs are the SBR, RW-1, RW-2 and PLT. The SBR and RW PLCs are located in the Blower Buildin The PLT PLC is located on the electrical mezzanine in the Solids The purpose of this task is to replace the four programmable logic controllers that operate the entire Water Reclamation Facility. Of significant value is the fact that the existing Sequencing Batch Reactor is controlled with a Programmable Logic single-board computer that is obsolete and is no longer supported by the manufacturer for spare parts. PHASE 01 – PROJECT MANAGEMENT Goals Parametrix will organize, manage, and coordinate the consultant project and will coordinate its work with efforts performed by C of Yelm staff. Approach Provide financial monitoring of the project, updating the City os project manager on a monthly basis and providing progress report open communication enabling the City of Yelm and Parametrix to meet f commitments. Coordinate with City of Yelm and Parametrix staff with clear communication and responsiveness to facilitate decisions that co timely manner and to avoid impacting project cost and schedule, goals of the project. Coordinate with Parametrix staff to enable delivery of quality documents meeting the requirements defined in this scope of work, on schedule and with Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 11 of 19 Monthly meetings between the City and the Project Manager coveri project issues. Deliverables Monthly progress reports. Meeting notes from monthly meetings. Assumptions Project management meetings, monthly as required, approximately 2 hours each including travel for the duration of the project. Meeting notes transmitted via e-mail in Adobe Acrobat (PDF) format. PHASE 02 – DESIGN Task 01 – Facility Measurement & Base mapping Approach Parametrix plans to use the existing Record Drawings of the WRF for locations of propose that it will be necessary to supplement the drawings by measurements of the Blower Building and Electrical Room in order advertisement. Measurement work will consist of the following activities: Measure downs for vault floors, wet well floor and incoming pipe Control points and coordination with datum for the site. Measurement of existing RWPS and area available for new pumps. Deliverables Electronic general arrangement drawing for use in the design described in this scope of work. Assumptions Record Drawings of the existing WRP will be used as available. Task 02 – Basis of Design Goals Parametrix will evaluate and recommend the necessary improvement the reclaimed water pump station, SCADA Network architecture, and Programmable Logic Controllers (PLCs). Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 12 of 19 Approach Design Flow Evaluation (maintenance and supply Collect and review historical data from the SCADA system pump run times and compare with the General Sewer Plan an Agreements. Conduct an on-site evaluation of facility (mechanical, electrical, and structu Perform a water hammer analysis in order to determine if added p the increased pumping capacity. Estimate probable construction costs and project schedule. Provide 30% Complete Drawings for review within 45 days after the notice to proceed. Deliverables Technical Memorandum summarizing flow evaluation and water hamme. Estimate of probable construction costs. 30% Complete Drawings. Attend 30% Review meeting. Assumptions The mechanical equipment will utilize the existing pump deck ski The existing facility housing the pumps is large enough to accom Task 03 – Process Narratives Approach To aid in the future PLC replacements and the future WRF improve be created as follows: Perform a series of three one-day workshops with City staff to discuss the following process a Workshop 1 - SBR System. Workshop 2 - Liquid Processes. Workshop 3 - Solids Processes. Prepare a draft process narratives document and submit to City f Attend one meeting with City to go over comments from the review document. Finalize the process narratives document based on the City revie Deliverables Draft process narratives document delivered via email in a *.PDF Final process narratives document delivered via email in a *.PDF Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 13 of 19 Assumptions The City will procure the hardware and software for the SCADA Se These items will be provided to Parametrix to configure and test-site prior to on-site installation. Task 04 – SCADA Server & PLC Basis of Design Approach The WRF SCADA server replacement work will consist of the following activities: Perform one meeting with City staff to discuss the following: Overall SCADA system design. Finalize the requirements for the SCADA & PLC software/hardware arrangement at the WRF. Finalize the requirements for the level of interconnection betwe Water SCADA server. Provide the City with a technical memorandum outlining the SCADAand recommended PLC hardware based on the meeting above and the list of the required hardware and software for the City to procure. Perform one meeting with City staff to go over draft versions of screens will be color paper copies for use during the meeting. Deliverables SCADA system technical memorandum delivered via email in a *.PDF Assumptions Procurement, installation, and configuration of the SCADA Serverl be done under a separate contract. Task 05 – 60% Design Approach Parametrix shall provide 60% design services for the recommended improvements for the pump station, SCADA system and PLC upgrades as identified in this task. 60%, 90%, and Final design will consist of the following work activities: Provide quality control for the final design work consisting of Partial Progress Drawing Sets: Project manager will review parti bi-weekly. Drawings and Specifications: Detailed quality control review and-discipline reviews. Peer reviews for calculations of applicable 60%, 90%, and Final submittals. Quality assurance (checking that quality control is done). Provide general design covering the following activities: Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 14 of 19 Prepare a minimum of 1 general ( G ) drawing covering vicinity map, location map, sheet index, general legend, abbreviations, survey control, and general notes Division 0 Bidding requirements, forms, terms, and general conditions will be prepared by Parametrix by referencing prior work done for the City. Parametrix will also prepare Division 1 General Requirements specifications. Provide the following mechanical/process design activities for the RWPS: Prepare up to 3 mechanical drawings, including legend and abbreviations, pump st sections, plumbing, and pipe supports. Prepare finishes, equipment, and mechanical specifications. Provide the following electrical and instrumentation and controls (I&C) activities at the system Upgrades: Prepare up to 4 electrical and I&C drawings for the RWPS. Prepare up to 6 electrical and I&C drawings for the SCADA system Upgrades. Prepare up to 29 electrical and I&C drawings for the PLC system Upgrades. Prepare the electrical and instrumentation and controls specific Prepare the following schedule and cost estimating activities: Prepare anticipated construction cost and schedule of 60%, 90%, and Final submittals. Assumed Drawing List Drawing Description G1Vicinity Map, Location Map, Sheet Index and General Notes M1Mechanical Legend and Symbols M2RWPS Blower Building Mechanical Plan and Sections M3Mechanical Sections and Details E1 Electrical Notes, Symbols, and Legend E2 RWPS Electrical Standard Details E3 RWPS Electrical One Line Diagram, Cable/Conduit Tables and Load Table E4 RWPS Blower Building Electrical Plan E5 WRF SCADA system E6 WRF Electrical Site Plan E7 WRF Control Building Electrical Plan Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 15 of 19 Drawing Description E8 WRF Chemical/Solids Handling Building Electrical Plan E9 WRF SCADA Electrical Details E10 WRF SCADA Block Diagram and Rack Layout I/O Rack Design I1 I25 I/O Rack Design I26 I29PLC Cabinet Elevations 60% Deliverables Deliverables for the above design activities will be as follows: 60% Complete Drawings and Specifications. Anticipated construction cost and schedule of 60% submittal. Response to 30% review comments. Attendance at 60% Review meeting. Design Assumptions Environmental permitting is assumed to be not necessary. Contract documents will consist of one package containing the RW one containing the hardware requirements for the SCADA and PLC upgrades. Specifications will use Construction Specification Institute (CSI) The City of Yelm will provide operational assistance (staff) dur 60% Assumptions 60% Submittal Package: Electronic Copies Only. AutoCAD and PDF Drawings. MS Word and PDF Specification files. Task 06 – 90% Design Approach Parametrix shall provide design services for the recommended imp this task. Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 16 of 19 Deliverables Deliverables for the above design activities will be as follows: 90% Complete Drawings and Specifications. Anticipated construction cost and schedule of 90% submittal. Response to 60% review comments. Attendance at 90% Review meeting. Assumptions 90% Submittal Package: Electronic Copies Only. AutoCAD and PDF Drawings. MS Word and PDF Specification files. Task 07 – Final Design Approach Parametrix will incorporate City comments from the 90% design re100% final bid-ready documents. Deliverables Final Design Documents One camera-ready signed 4-mil mylar of the full-size plans and one camera-ready hard copy of the Bid Form and Special Provisions signed, d professional engineer licensed in the state of Washington. A PDF copy of all design documents and a Word copy of the specifications bu All CADD files for the plans in AutoCAD 2012 with all external r Assumptions All reproduction of final bid documents for City use and/or bidderformed by the Citys plan house, and the City and Engineer will have access to the project The Engineer will be responsible for providing or posting electrhe bid service(s) of its choice. The City will be responsible for placing and paying for any newspaper advertise Task 08 – Assistance during Bidding Approach Parametrix will provide bidding assistance to the City, includin and preparing addenda to the bid set, if required. The following Agenda Item 8. c. Professional Srvs. Agreement for Phase 1 of Facility Plan - Parametrix Inc. Page 17 of 19 Consultant will prepare bid clarifications and/or addenda to the Consultant will attend the bid opening. Deliverables Up to four (4) addenda to the bid set. Assumptions Parametrix will be the initial point of contact for all bidder q City. If bid clarifications and/or addenda are required, Parametrix wi documents to the plan holders. PHASE 03 – BID AND CONSTRUCTIONSERVICES (TO BE ADDED AT AWARD) Task 01 – Construction Management Task 02 – HMI Server Setup & Programming Task 03 – PLC Programming & Startup Morgan Accountant Shari Sr Project DonovanSupervisor Nancy Publications Gary WhiteEngineer Sr Electrical CoswayDesigner Guy Sr Electrical PetersonDesigner II Denise D. Electrical MilesDesigner II K. Darik Electrical BarcusDesigner Glen E. Sr Electrical AgustssonEngineer Oskar K. Sr Electrical SpeesSurveyor III Scott D. WagnerSr Engineer Steven StoreyEngineer I Adam D. NickelSr Consultant Raynold KopchynskiSr Engineer David M. CabageCoordinator Sandra K. Sr Project BunkerManager Brian E. Water Division Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 1 of 13 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Grant Beck, Community Development Director Date:November 30, 2016(for December 13, 2016 City Council Meeting) Subj:Interlocal Agreement - Yelm Community Schools Recommendation Authorize Mayor Foster to sign an interlocal agreement between t Community Schools waiving system development charges for the connection of Prairie Elementary School in exchange for water rights. Background Yelm Community Schools approached the City in 2015 regarding the connec Elementary School to the City water system and abandoning the wa Yelm Community Schools serving the school. Prairie Elementary is within the City's water service area and urban growth area, but outside the current City limits. The City, with approval from the City Council, participated with obtain a grant from the Washington State Department of Health to construction of the water system extension. A water line has now been extended to Prairie Elementary, funded and the Washington Department of Health, and the School is curre water system. Yelm Community Schools has a certificate of water right (G 2-26363 C) for the use of 3.9 acre feet per year and up to 20 gallons per minute for community dome Schools has no use for this water right now that Prairie Elemento City water. The City and Yelm Community Schools have agreed to exchange the m development charges typically collected upon a new connection to Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 2 of 13 The value of these water rights to the City will be as part of the impact avoidance strategy related to the City's application to the Washington Department o rights to serve the City's future needs. The estimated water usage by Prairie Elementary is 5 equivalent system development and inspection fees for 5 connections is $31,399.95, interlocal agreement is approved by City Council. Current Situation The City Council should consider authorizing Mayor Foster to sigeement between the City and Yelm Community Schools, as it provides a beand strengthens our partnership in providing service to the citizens Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 3 of 13 INTERLOCAL AGREEMENT BETWEEN THE CITY OF YELM AND YELM SCHOOL DISTRICT This Interlocal Agreement (“Agreement”) is made pursuant to RCW 39.34 and entered into as of December ____, 2016 (“Reference Date”) between the City of Yelm, a municipal corporation, “City”, and Yelm Community Schools No. 2, a municipal corporation, “District”. RECITALS Whereas, RCW 39.34.010 permitslocalgovernmentalentitiestomake the most efficient use oftheirpowersbyenablingthemtocooperatewith other governmental entities on a basis of mutual advantageandtherebyto provide servicesandfacilitiesin a manner and pursuant toforms of governmental organizationthatwillaccordbestwithgeographic, economic, population and other factorsinfluencing the needsand development of local communities;and Whereas, pursuant toRCW 39.34.080, eachpartyisauthorizedtocontractwithany one or moreother public agenciestoperformanygovernmental service,activity, or undertaking whicheachpublic agencyenteringinto the contractis authorized bylawto perform: provided, thatsuchcontractshall be authorized by the governing body of each partyto the contractandshallsetforthits purposes, powers, rights,objectivesand responsibilities of the contractingparties;and Whereas, the District owns certain real property within the Yelm Urban Growth Area th (“UGA”) known as Prairie Elementary School, located at 16535 110Avenue SE, Yelm, Washington (“Prairie Elementary”); and Whereas, the District wishes to connect Prairie Elementaryto the City water system for the provision of potable water; and Whereas, the District owns certain real property, which ownership includes the District’s legal right to withdraw groundwater from beneath the surface of the land for reasonable and beneficial uses, which ownership is represented by a Certificate of Ground Water Right No. G 2- 26363 C (“Water Rights”); and Whereas, the District desires to transfer to the City, under the terms and conditions and for the consideration set forth below, the entirety of its Water Rights described above (the “Water Rights Transfer”); and Whereas, the Parties understand that the transferof the Water Rights must be in accordance with Washington State Department of Ecology (“Ecology”) rules and regulations (collectively, the “Ecology Regulations”). Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 4 of 13 AGREEMENT NOW THEREFORE, the parties agree as follows: 1.Recitals . The recitals aboveare incorporated herein by this reference. 2.Water Right Transfer .Under the terms and conditions of this Agreement, the District hereby agrees to transfer and conveys to the City, and City hereby agrees to accept from the District, all of the District’s right, title and interest in and to all of the Water Rights represented by Certificate of Ground Water Right No. G 2-26363 C. 3. Waiver of Connection Charges . As consideration for the Water Rights Transfer, the City will waive all published connection charges associated with connection of Prairie Elementary to the City of Yelm water system (“Connection Charges”). The waiver of connection charges does not include monthly service charges and any and all other fees and/or future assessments that may be assessed against the District foruse of City wateras authorized by City Ordinance. 4. Possession . Possession of the Water Rights shall be deliveredto the City on the date of execution of this Agreement. 5. Delivery of Documents/Conditions Precedent .Simultaneously with execution of this Agreement, the District shall execute and deliver to the City the following documents, in the forms acceptable to the City, asattached hereto: Quit Claim Deed (water rights)and Excise Tax Affidavit in the forms attached hereto as Exhibits 1 and 2. 6Fulfillment of Conditions Precedent .. Upon fulfillment by the District of the above conditions precedent, the City shall automatically be deemed to have waivedall Connection Chargesotherwise due and owing by the District relating to connection of Prairie Elementary to the City’s water system. If the conditions precedent have not been fulfilled to the satisfaction of the City,consistent with the terms of this Agreement, the documents shall be returned to the District and the District will promptly pay the Connection Charges. 7. Expenses . The parties agree that the expenses incurred in connection with the Water Rights Transfer, and not otherwise allocated in this Agreement, will be divided as follows: (a) The District shall bear its attorney’s fees and costs associated with review of the Interlocal Agreement and fulfillment of the Conditions Precedent set forth above; and (b) The expenses, fees or costsandfees of the City’s attorneyassociated with preparation of the Interlocal Agreement, preparation, filing, and approval by Ecology of the Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 5 of 13 Application for Transfer of Water Right, fees forrecording the Quit Claim Deed and filing the required Real Estate Excise Tax Affidavit, shall be paid by the City. 8. Miscellaneous Provisions . Additional Documentation (a). Following fulfillment of the Conditions Precedent under this Agreement, the District agrees to cooperate and work with the City to provide any additional information from the District requested by Ecology or reasonably requested by the City to effectuate the change of ownership and transfer of the Water Rights to the City. Notices (b). All notices and other communications, required or permitted to be given hereunder, shall be in writing and shall be deemed to have been duly given and delivered three (3) days after deposit by mailing, certified postage prepaid. Such notices or communications shall be delivered by email delivery also but shall constitute only a courtesy delivery. If to the District: Name of Individual: Jeff Role, Deputy Superintendent Name of Entity: Yelm Community Schools No. 2 Mailing Address: P.O. Box 476 City, State, Zip: Yelm, WA 98597 Telephone: 360-458-6104 E-Mail jeff_role@ycs.wednet.edu If to the City: Name of Individual(s) or Officer: Grant Beck Name of Entity: City of Yelm Street Address: 105 Railroad Avenue West City, State, Zip: Yelm, WA 98597 Telephone: 360-458-8408 E-Mail grantd@ci.yelm.wa.us Binding Effect (c). All of the agreements between the parties shall be binding upon and inure to the benefit of the parties, their successors, personal representative, heirs or assigns. Captions (d). The captions of any articles, paragraphs or sections hereof are made for convenience only and shall not control or affect the meaning or construction of any other provisions hereof. Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 6 of 13 Attorney's Fees (e).The District and the Cityshall be responsible for any fees or costs of their respective attorneys and consultants, and for any attorney's and consultant’s fees incurred by them in the enforcement of any of the terms and provisions of this Agreement, or in connection with any of the Water Rights described herein. Entire Agreement (f). This Agreement merges all previous negotiations between the parties hereto and constitutes the entire Agreement and understanding between the parties with respect to the subject matter hereof. No alteration, modification or amendment hereto shall be valid except in writing and when signed by the parties. Dispute Resolution (g) .Disputes between the Parties shall first be addressed through discussion and negotiation by representatives of each. Should resolution by discussion and negotiation be unsuccessful, the Parties shall agree upon a third party to provide non-binding mediation of the issue prior to institution of litigation. Each Party shall bear its own costsrelating to such mediation. ThisAgreementisherebyenteredintobetween the Yelm Community Schoolsand the City of Yelmandshalltakeeffect on the dateofthe last authorizing signature affixedhereto: YELM COMMUNITY SCHOOLSNO. 2CITY OF YELM ________________________________ __________________________________ Brian Wharton, Superintendent J.W. Foster, Mayor Date:____________________________ Date:______________________________ Approved as to form: Approved as to form: _________________________________ ___________________________________ Mary Urback Brent Dille, City Attorney Attorney for Yelm Community Schools City of Yelm Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 7 of 13 EXHIBIT 1 Filed at the Request of and to be Returned to: City of Yelm P. O. Box 479 Yelm, WA 98597 QUIT CLAIM DEED (Water Rights) GrantorYELM COMMUNITY SCHOOLS NO. 2 GranteeCITY OF YELM Abbreviated Legal West ½ of SE ¼ of SE 1/4 ,S29 TWN 17N, R2 E of WM Description Assessor's Tax Parcel ID No .22729330000 THE GRANTOR, Yelm Community SchoolsNo. 2,a Washington municipal corporation, for and in consideration of the terms and conditions of that certain Interlocal Agreementbetween Grantor and Grantee, dated as of December ____, 2016, conveys and quit claims to the CITY OF YELM, a Washington municipal corporationall right, title and interest in and to that certain Certificate of Ground Water Right No. G 2-26363 C, a copy of which is attached hereto as Exhibit A. DATED this ____ day of December, 2016. YELM COMMUNITY SCHOOLS NO. 2 ____________________________________ Brian Wharton Its: Superintendent Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 8 of 13 STATE OF WASHINGTON ) ) ss. COUNTY OF THURSTON ) On this day personally appeared before me Brian Whartonto me known to be the Superintendent of Yelm Community Schools No. 2, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said municipal corporation. DATED: ______ Notary Public Print Name ______ My commission expires Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 9 of 13 EXHIBIT A Certificate of Ground Water Right No. G 2-26363 C Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 10 of 13 Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 11 of 13 Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 12 of 13 EXHIBIT 2 REAL ESTATE EXCISE TAX AFFIDAVIT Agenda Item 8.d. Interlocal Agreement between the City of Yelm and Yelm Community Schools Page 13 of 13 Agenda 8. e. MOU between City of Yelm and Teamsters Page 1 of 3 City of Yelm STAFF REPORT To: Yelm City Council From: Mayor JW Foster Date: 12-9-16 For Council meeting of 12-13-16 Subj: Memorandum of Understanding (MOU) with the City of Yelm a Local #252 Public Works employees w;-;7 ·z Authorize Mayor Foster to sign the contract with the Public Work the Teamsters Union Local #252. . -m©Ò7 The Teamsters contract stated that in 2016, there would be a re- address wages and health benefits only. Negotiations took place legal representative, Peter Altman, Mayor Foster, Lori Mossman, Teamsters representative Rick Engelhart. It was agreed that Publ Healthfirst Plan through 2017 and receive a cost of living incre membership has agreed to this contract. The 2017 budget reflects compensation. Page 1 of 1 Agenda 8. e. MOU between City of Yelm and Teamsters Page 2 of 3 City of Yelm STAFF REPORT To: Yelm City Council From: Mayor JW Foster Date: December 8th (for December 13th City Council Meeting) Subj: Contract for Prosecution Services w;-;7 ·z Authorize Mayor Foster to enter into a contract with Bean | Gentry | Wheeler | Peternell, PLLC in the amount of $36,000 for prosecutorial services in 2017. . -m©Ò7 Bean | Gentry | Wheeler | Peternell, PLLC (BGWP) has provided prosecution services for the City of Yelm for a number of years. The Municipal Court and Police Department have been satisfied with the services provided over the years, and desire services. The 2017 contract would authorize BGWP to act as the City's pros at all stages of criminal and civil prosecution. This includes reviewing case file investigations, interviewing police personnel and appearing in C The agreement also includes representing the City in contested c two training sessions for Yelm Police Officers on legal topics relevant to th discuss issues with the Court. /Ò©©;· {z·Ò ·z The Council should authorize Mayor Foster to enter into a contra services in the amount of $36,000 for 2017. Page 1 of 1 Agenda Item 8. f. Prosecution Srvs. Agreement with BGWP LLC Page 1 of 5 Agenda Item 8. f. Prosecution Srvs. Agreement with BGWP LLC Page 2 of 5 Agenda Item 8. f. Prosecution Srvs. Agreement with BGWP LLC Page 3 of 5 Agenda Item 8. f. Prosecution Srvs. Agreement with BGWP LLC Page 4 of 5 Agenda Item 8. f. Prosecution Srvs. Agreement with BGWP LLC Page 5 of 5 Agenda Item 9.a. Contract for Services - Yelm Community Services Page 1 of 7 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Grant Beck, Community Development Director Date:October 28(for November 8th City Council Meeting) Subj:Contract for Services - Yelm Community Services Recommendation Authorize Mayor Foster to sign a service provider agreement with provide assistance to the poor and infirm. Background The City of Yelm has provided funding support to Yelm Community mid-1990s (when the organization was known as United Citizens Betterment Organiz assist in their mission of providing assistance to the poor and This contribution was never memorialized in an written agreement Services did not invoice the City for the contribution. In 2015, with significan City staff including the loss of the City Administrator and a ne contribution was discontinued, although not through a deliberate YelmCommunity Services provides many needed services to those citize surrounding community in need. YCS operates a food bank, shelte educational programs. The City of Yelm and Yelm Community Serviined an excellent working relationship for many years, with the City act Community Services for several CBDG grants. In addition, Yelm C for the City the Neighborhood Stabilization Grant by Housing and three single family homes are available in Yelm for low to moder Historically, the City has contributed $200 per month to Yelm Co been authorized, but not spent, by the adopted 2016 budget. Mayor Foster is proposing to increase the contribution to $250 starting in 2017 and will be i proposed 2017 budget. Agenda Item 9.a. Contract for Services - Yelm Community Services Page 2 of 7 Current Situation If the Council wishes to continue to provide support to Yelm Comrvices as the City has provided historically and to increase the support to $250 per mo authorize Mayor Foster to sign the proposed agreement. Agenda Item 9.a. Contract for Services - Yelm Community Services Page 3 of 7 CITY OF YELM FUNDING AGREEMENT WITH YELM COMMUNITY SERVICES THIS Funding Agreement("Agreement") is dated effective this ______ day of _______, 2016. The parties ("Parties") to this Agreement are the City of Yel Washington Municipal Corporation ("Yelm"), and Yelm Community Services, a Washington Non-Profit Organization ("YCS"). B ACKGROUND A.The Washington State Constitution, Article VIII, Section 7 provi "No county, city, town or other municipal corporation shall here money,or property, or loan its money, or credit to or aid of any individual, association, company or corporation, except for the necessary supeople who are low to moderate income, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation." B. The mission of YCS, a nonprofit, community development organization, is to provide social and economic programs to enhance the quality of l community. YCS operates a food bank and USDA commodities, a clothing bank and thrift shop, provides youth activities, operates a emergency shelter, and provides housing for seniors and people with develo disabilities. C. A principal purpose of YCS is to serve people who are low to modme as defined by the US Department of Housing and Urban Development. D. Providing funding for the necessary support of people who are low to moderate income meets the intent of serving the poor and infirm as noted in Article VIII, Section 7 of the Washington State Constitution, and is a legitimate public purpose for which government funds can legitimately be expended. E. The City haspreviously provided monthly funding to YCS to further the purpose and work to serve people who are low to moderate income. F.The Parties have agreed to execute this Agreement to document th funding amount and to document the purpose for which the funding Agenda Item 9.a. Contract for Services - Yelm Community Services Page 4 of 7 A GREEMENT NOW, THEREFORE, the Parties agree as follows: 1. The City agrees toprovide monthly funding to YCS in order to further YCS's work for the necessary support to people who are low to moderate income(as defined by the US Department of Housing and Urban Development) without discrimination, and so long as YCSis in compliance with the terms of this Agreement. 2.Services. YCS shall provide services for the necessary support of people who a low to moderate income, as provided in YCS's mission statement (the "Services"). 3.Reporting Requirement: YCS shall submit to the City an annual report outlining the services provided (in accordance with Section 2), their freq numbers of clients served. This report shall be due the last day of January for the previous year. 4. Term. The term of this Agreement shall commence upon the execution of this Agreement by the Parties and shall continue until terminated by the City as provided for herein. 5. Termination. A.Termination for Convenience. The City may terminate this Agreem whole or in part, at any time, by at least thirty (30) days writ YCS. The City shall pay for work performed to the date of termi B.Terminationfor Cause. This Agreement shall terminate if YCS fails to maintain its 501(c)(3) status or fails to fulfill its purpose and mission to support those with are low to moderate incomes or fails to comply with Section 2 related to the provision of services. Termination shall be effected by serving a notice of termination on YCS setting forth manner in which YCS is in default. YCS will only be paid for services performed while having maintained its 501(c)(3) status and in ac with the manner of performance set forth in this Agreement. 6. Funding. Beginning with the month of January 2016, the City shall pay YCS Two Hundred Dollars ($200.00) per month. Payment shall be made by check and mailed to YCS by the last day January, 2017. Agenda Item 9.a. Contract for Services - Yelm Community Services Page 5 of 7 Beginning with the month of January 2017, the City shall pay YCS and Fifty Dollars ($250.00) per month. Paymentshall be made by check and mailed to YCS by the last day of each month. 7. Compliance with Laws. YCS shall comply with and perform the Services in accordance with all applicable federal, state, and City laws inc limitation, all City codes, ordinances, resolutions, standards a existing or hereafter adopted or amended. 8. Indemnification. YCS agrees to indemnify and hold the City, its elected officials, officers, employees, agents and volunteers harmless from any and demands, losses, actions, and liabilities (including costs and a or by any and all persons or entities, including, without limitation, thei respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the neglig or omissions of YCS, its partners, shareholders, agents employees, or by YCS's breach of this Agreement. 9. Equal Opportunity Employer. In all YCS's services, programs or activities, and all YCS hiring and employment made possible by or resulting from this Ag there shall be no discrimination by YCS or by YCS employees, agents, subcontractors or representatives against any person because of (except minimum age and retirement provisions), race, color, cre origin, marital status or the presence ofany disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupationa in relationship to hiring and employment. This requirement shall be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for trainin apprenticeship. YCS shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans with Dies Act, Section 504 of the Rehabilitation Act of 1973 or any other appli state or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of the City and, in the case of YCS's breach, may result in ineligibility for further City agreements. 10. General Provisions. a. This Agreement, together with attachments or addenda, represents entire and integrated Agreement between the Parties hereto and supersedes all prior negotiations, representations or agreements, e written or oral. This Agreement shall be binding upon and insure benefit of the Parties' successors in interest, heirs and assign Agenda Item 9.a. Contract for Services - Yelm Community Services Page 6 of 7 Agreement may be amended, modified or added to only by written instrument properly signed by both parties. b.YCS shall not assign, transfer, subcontract or encumber any rights, or interests accruing from this Agreement without the express pr written consent of the City, which consentmay be withheld at the sole discretion of the City. c.Any action for claims arising out of or relating to this Agreeme governed by the laws of the state of Washington. Venue shall be Thurston County Superior Court. d.In any suit or action instituted to enforce any right granted in Agreement, the substantially prevailing party shall be entitled its costs, disbursements, and reasonable attorney's fees from th party. e.Any notices required to be given by the City to YCS or by YCS to the City shall be in writing and delivered to the parties at the followin Cindy Marchand-CecilCity Administrator Yelm Community ServicesCity of Yelm, Washington P.O. Box 5320 105 Yelm Avenue West Yelm, WA 98597 Yelm, WA 98597 f. A waiver or failure to enforce any provision of this Agreement, thereof, shall not be construed as a continuing waiver of such p or breach, nor shall the same constitute a waiver of any other p or any subsequent breach of the same or any other provision. g. The article and paragraph headings contained in this Agreement h been included solely for reference purposes and shall not affect used in connection with, the construction or interpretation of t Agreement. Each separate paragraph shall be treated as severable to the end that if one or more of such paragraphs shall be judged or de illegal, invalid, or unenforceable, this Agreement shall be inte shall remain in full force and effect, as if such paragraphs had never been contained in this Agreement. h. This Agreement is intended to solely benefit the parties and sha construed or interpreted to create any rights or benefits to any parties. Agenda Item 9.a. Contract for Services - Yelm Community Services Page 7 of 7 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first herein above written. ____________________________________________________________ JW Foster,Cynthia "Cindy" Marchand-Cecil, Mayor Executive Director City of Yelm Yelm Community Services ATTEST: ______________________________ Lori Mossman, City Clerk APPROVED AS TO FORM: ______________________________ Brent Dille, City Attorney Agenda Item 12. Correspondence Page 1 of 4 Yelm Area Chamber of Commerce December 2016 What's Happening Upcoming Next Yelm Area Chamber of Commerce Events Forum & Luncheon December 13, 2016 December 2 11:30 am Activities Committee Prairie Hotel & Conference Center 8:30 am $20 Members $25 Non-members Mr. Doug's Non Profit Panel: Celebrate the work of Non Profits in our Community December 3 Christmas Parade & Non Profits of Participating in the Christmas in the Park Panel: 9:30 am Relay for Life Highway 507 YoungLife Yelm Senior Center December 9-10 Prestige Senior Living Rosemont's Holiday Bazaar 10 am - 4 pm Agenda Item 12. Correspondence Page 2 of 4 December 13 Chamber Forum & Luncheon 11:30 am Prairie Hotel Visit our Events Calendar! Welcome New Members! D-Zins Upholstery & Interiors November Membership Renewals Agenda Item 12. Correspondence Page 3 of 4 www.yelmchamber.com Yelm Area Chamber of Commerce | 138 Prairie Park Lane | Yelm, WA Copyright © 2016. All Rights Reserved. Agenda Item 12. Correspondence Page 4 of 4 Thurston Regional Planning Council Meeting AFTER MEETING SUMMARY December 2, 2016 Please use this after meeting summary to update your fellow board, council, and commission members on what took place at the TRPC meeting. Executive Director Recruitment Dennis Karras, Karras Consulting, briefed the Council on the executive director recruitment process. Semi- finalist interviews with the recruitment committee are scheduled for December 12, 2016. Once finalists are selected, staff and stakeholder forums will be scheduled for January 5, 2017. Council will conduct interviews with finalists on January 6, 2017 as part of theirregular (but extended) meeting. 2017-2019 Federal Funding Project Selection Paul Brewster briefed the Council on the Transportation Policy Board and staff’s recommendation for transportation project funding. Twenty-eightproject proposals were received, ranging from multimodal infrastructure to studies to programs. Since the last Council briefing, project costs were modified for two Thurston County projects, allowing all projects to be fully-funded. Council approved fundingthe projects. Coordinated Public Transit & Human Services Transportation Plan – Prioritized Project List Karen Parkhurst briefed the Council on the Coordinated Public Transit and Human Services Transportation Plan Prioritized Project list. Karen explained that project ranking was a requirement for grant points. Council will approve the Prioritized Project List in January. Position Classification Specifications VeenaTabbutt briefed the Council on TRPC’s updated Position Classification Specifications. Updating position classification specificationsispart of an ongoing effort to update TRPC’s staff evaluations. Since Council’s briefing in November, staff made minor changes based on Council feedback, and added three positions in the Information Technology (IT) series. The Council approved the updated position classifications. Personnel Policies Update Jared Burbidge briefed the Council on updated Agency Personnel Policies. The last update to the policies was in 2013. This update includes numerous changes to reflect agency procedures and updated regulations. Staff will incorporate Council feedback and bring the document back for approval in January. The Profile Michael Ambrogi presentedThe Profile – a compilation of data, trends, and analyses for Thurston – to the Council. Council engaged in an interactive “Profile Bingo.” County 2017 State Legislative Preparation Karen Parkhurst briefed the Council on the upcoming legislative sessionand reviewed the Legislative Priorities. Council feedback will be incorporated into the Priorities handout. Council members are encouraged to attend meetings with legislators. NEXT MEETING: NOTEEXTENDED 8:00 AM – 12:00 PM MEETING TIME Friday January 6 th, 2017