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11 13 2018 Agenda PacketWashington 105 Yelm Avenue West  Yelm, WA 98597  360.458.3244  www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider CITY COUNCIL AGENDA 11/13/2018 1. CALL TO ORDER/ROLL CALL 2. AGENDA APPROVAL 3. SPECIAL PRESENTATIONS a) October Student of the Month - Addyson Wilson-Heid b) South Sound Military-Community Partnership Proclamation 4. PUBLIC COMMENT *Complete a blue speakers card 5. CONSENT AGENDA a) Minutes from October 23, 2018 & Study Session November 6, 2018 6. NEW BUSINESS a) Professional Services Agreement - Hauling and Disposal of Septage and Waste Activated Sludge Authorize Mayor Foster to sign an Agreement with Northwest Cascade, I nc DBA Flohawks for hauling City septage and Waste Activated Sludge (WAS) b) Professional Services Agreement for Tierra Right of Way Services, Ltd. for the SE Reservoir Authorize Mayor Foster to approve Professional Services Agreement for Tierra Right of Way Services, Ltd. for land acquisition services for the SE Reservoir c) 2019-2020 Biennial Budget Ordinance First Reading of the 2019-2020 Biennial Budget Ordinance 7. OLD BUSINESS a) 2018 Ad Valorem for 2019 Property Taxes Close Public Hearing and vote b) Resolution No. 595, City of Yelm Homelessness Task Force 8. UPDATES a) Departments – Michael Grayum, City Administrator b) Councilmembers c) Mayor JW Foster 9. EXECUTIVE SESSION Page 2 of 3 a) None Scheduled 10. ADJOURN Page 3 of 3 MEETING INFORMATION All regular Yelm City Council meetings are recorded. Meetings may be viewed at www.yelmwa.gov or a copy may be purchased by contacting the City Clerk’s office at 360.458.8402. It is the City of Yelm’s policy to provide reasonable accommodations for people with disabilities. If you require reasonable accommodations to participate at a City Council meeting, please contact the City Clerk’s office at 360.458.8402 at least four (4) working days prior to meeting. Information on the Americans with Disabilities Act and the Title VI Statement is available at www.yelmwa.gov/human-resources. *The public comment portion of the agenda is an opportunity for the public to address the Council for items that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment on matters listed on the published agenda are welcomed as part of the normal agenda. COMMITTEE AND LIAISON ASSIGNMENTS Mayor JW Foster Yelm Emergency Operations Board Vice-Chair of Thurston Regional Planning Council Board of Director for Risk Management Service Agency Member of Community Investment Partnership Board member South Sound Military and Community Partnership Councilmember EJ Curry Yelm Public Safety Committee Yelm Finance Committee Member of Solid Waste Advisory Committee Liaison to Yelm Senior Center Liaison to South East Thurston Fire Authority Councilmember Molly Carmody Yelm Planning & Economic Development Committee Yelm Finance Committee Board of Director for Intercity Transit Authority Liaison to Nisqually River Council Councilmember Cody Colt Yelm Planning & Economic Development Committee Yelm General Government Committee Yelm Public Works Committee Member of Thurston County Emergency Services Councilmember Tad Stillwell Yelm Public Safety Committee Yelm General Government Committee Board of Directors of Economic Development Council Yelm Emergency Operations Board Member of Law and Justice Council Councilmember Tracey Wood Yelm General Government Committee Yelm Public Works Committee Member of Transportation Policy Board Administrative Board of Director for TCOMM 911 Councilmember Joe DePinto Yelm Finance Committee Yelm Public Safety Committee Member of South Thurston Economic Development Initiative Councilmember Terry Kaminski Yelm Planning & Economic Development Committee Yelm Public Works Committee Member of Thurston Thrives 10-23-18 YELM CITY COUNCIL TUESDAY, OCTOBER 23, 2018 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 p.m. Roll Call Present: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood and Joe DePinto and Terry Kaminski. 2. Agenda Approval 18-123 MOTION BY MOLLY CARMODY TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY TRACEY WOOD. 7-0, MOTION CARRIED. 3. Special Presentations- none scheduled 4. Public Comment – Sandra Manwiller spoke about Citizens 4 Support of Yelm Schools upcoming activities. 5. Consent Agenda a. October 2, 2018 Study Session minutes & October 9, 2018 Meeting minutes. b. Check #2057 – Check #2189 Totaling $1,262,792.12. 18-124 MOTION BY TRACEY WOOD TO AMEND THE OCTOBER 9, 2018 MINUTES TO SHOW THAT COUNCILMEMBER TERRY KAMINSKI WAS EXCUSED FROM THE MEETING. SECONDED BY TAD STILLWELL. 7-0, MOTION CARRIED. 6. New Business – a. Resolution No. 596, Intercity Transit Support Glenn Blando spoke in support of Proposition No. 1 for the Intercity Transit. Darlene Linn spoke in support of Proposition No. 1 for the Intercity Transit. Justin James spoke in support of Proposition No. 1 for the Intercity Transit. 18-125 MOTION BY MOLLY CARMODY TO ADOPT RESOLUTION NO. 596, SUPPORTING THE INTERCITY TRANSIT PROPOSITION NO. 1. SECONDED BY TERRY KAMINSKI. 5-2 (NO, YES (CARMODY, KAMINSKI)), MOTION FAILS. b. 2018 Ad Valorem for 2019 Property Taxes – Public Hearing Mayor Foster opened the Public Hearing at 6:32 pm. 18-126 MOTION BY MOLLY CARMODY TO CONTINUE THE PUBLIC HEARING TO THE NOVEMBER 13, 2018 MEETING. SECONDED BY EJ CURRY. 7-0, MOTION CARRIED. 7. Old Business – a. Resolution No. 595, City of Yelm Homeless Taskforce Suzan LeFurgey spoke in favor of creating the taskforce. 18-127 MOTION BY MOLLY CARMODY TO TABLE RESOLUTION NO. 595 UNTIL NOVEMBER 13, 2018 MEETING. SECONDED BY TAD STILLWELL. 6 -0, TRACEY WOOD OPPOSED. MOTION CARRIED. 8. UPDATES – 10-23-18 City Administrator Michael Grayum -  New City Hall timeline and update on move.  Water Rights presentation will be at the December Study Session.  We are looking to hire a 2nd Public Defender to handle conflict and overflow cases.  The Sergeant Assessment was last week and Joel Turner will be the New Sergeant starting January 1, 2019.  The Human Resource Specialist will be the support staff to the Salary Commission.  Money Management classes will be offered free to the citizens of Yelm at the Yelm Community Center on Wednesdays from 1:00-3:30. More information is available on the City website.  LTAC meeting will be November 8, 2018 from 1:30-3:00 pm in the Public Safety Training room.  Veteran’s Day Celebration will be on Sunday, November 11, 2018.  Reminded Councilmembers to pick up your Budget book and mail at City Hall. Councilmember Curry attended the Yelm Senior Center meeting, the South East Thurston Fire Authority meeting and the Nisqually Springs Farm to support the Citizens 4 Yelm School event. Councilmember Carmody attended the Intercity Transit Authority Board meeting and the Nisqually River Council meeting. Councilmember Colt attended the Sergeant Assessment event and Oral Board and the Citizens 4 Yelm School event at the Nisqually Springs Farm. Councilmember Stillwell attended the Public Safety Committee meeting, Chat with the Chief and the Law and Justice Council meeting. Councilmember Wood attended the Transportation Policy Board meeting. Councilmember DePinto attended the Public Safety Building meeting and the South Thurston Economic Development Committee meeting. Councilmember Kaminski attended the Thurston Thrives meeting. Mayor Foster was out of town and had no committee reports. 9. Executive Session – none scheduled 18-128 MOTION BY TERRY KAMINSKI TO ADJOURN. SECONDED BY MOLLY CARMODY. 7-0, MOTION CARRIED. 10. Adjourned at 7:38 p.m. to the Public Safety Training room for Budget Presentations from the Municipal Court and the Police Departments until 8:30 p.m. __________________________ Attest: _________________________ JW Foster, Mayor Lori Mossman, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.yelmwa.gov. YELM CITY COUNCIL STUDY SESSION TUESDAY, NOVEMBER 6, 2018 6:00 P.M. PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 p.m. 2. Present: Councilmembers: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, Terry Kaminski and Joe DePinto. Staff present: City Administrator Michael Grayum, Community Development Director Grant Beck, Finance Director Joe Wolfe, Public Works Project and Program Manager Pat Hughes, Public Works Director Chad Bedlington, and City Clerk & HR Manager Lori Mossman. 3. a. Timberland Library – Old City Hall Building Timberland Regional Services Manager Allison Grubbs stated that the Timberland Regional Library is interested in exploring the old building for the library. They have a space planner on staff and will be looking at the layout of the building and square footage to see if it is feasible for the library. They will know more in January or early February. 3. b. Budget Presentations – Public Works Public Works Director Chad Bedlington and Public Works Projects and Programs Manager Pat Hughes updated Council on the Capital Projects and the Operating budget. 4. Mayors Report Mayor Foster attended a meeting with the Farmers Market to go over their contract to use the Community Center, the Yelm High School Football team is going to state this year, attended a School Bond meeting, a meeting with US Fish and Wildlife to discuss gophers, a new flashing crosswalk will be added at Tornado Alley and Christmas in the Park is the first Saturday (12-1- 18) in December. 5. Council Initiatives Councilmember Kaminski attended the meeting with the Farmers Market and thought it went well. Councilmember Stillwell attended the Yelm Community School Bond meeting. Councilmember Colt attended the Yelm Community School Bond meeting. Councilmember DePinto inquired about the median income level being different from Thurston County’s level. Councilmember DePinto welcomes the new water meter technology that will allow staff to notify the water customer immediately when their usage is extremely high. Adjourn 7:57 p.m. ___________________________ Attest: _______________________ JW Foster, Mayor Lori Mossman, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.yelmwa.gov. November 13, 2018 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Chad Bedlington, Public Works Director Date: October 22, 2018 (for Council Meeting November 13, 2018) Subj: Water Reclamation Facility (WRF) - Septage and Sludge Hauling Agreement Attach: Septage and Sludge Hauling Professional Services Agreement Recommendation Authorize Mayor Foster to sign an Agreement with Northwest Cascade, Inc DBA Flohawks for hauling City septage and Waste Activated Sludge (WAS) consistent with the lowest responsive bid received on October 17, 2018. Background Waste activated sludge from the WRF and septage from City owned STEP tanks must be collected, hauled, and disposed of throughout the year. Collection and disposal occurs on a regular basis, with STEP tanks being pumped once a week and sludge collected and hauled from the WRF at least twice a week . The WRF produced activated sludge is hauled to the City of Shelton and the City of Tacoma Central Treatment Facilities. Collected septage from City owned STEP tanks is disposed of at Bio- Recycling Inc. in Union, WA or Hauled to the City of Tacoma. To date in 2018, the volumes corresponded to $36,000 spent on WAS disposal and $104,000 on septage disposal. Typical annual hauling costs for WAS is $80,000, and $125,000 for septage disposal. Current Situation The previous contract for collection, hauling, and disposal services expired this year necessitating the need for a new contract. A scope was assembled and bids were solicited through ads placed in the Nisqually Valley News and the Seattle Daily Journal of Commerce. The 2018 Sewer/Reuse Operations/Maintenance Fund (fund 412) budget allocates $140,000 for WAS disposal and $180,000 for septage disposal. This contract will be for two years starting on the day of signed execution and terminating two years thereafter unless renewed prior to expiration in accordance with the terms of the Agreement. 1 | Page City of Yelm Public Works Department Physical Address: 901 Rhoton Road SE Mailing Address: 105 Yelm Ave West Yelm, WA 98597 (360) 458-8406 Fax: (360) 458-8417 Web: www.ci.yelm.wa.us PROFESSIONAL SERVICES AGREEMENT FOR COLLECTION AND HAULING OF CITY SEPTAGE AND WASTE ACTIVATED SLUDGE This Professional Services Agreement ("Agreement") is made between the City of Yelm, a Washington municipal corporation ("City"), Northwest Cascade Incorporated (DBA FlowHawks), a “Washington corporation” ("Contractor") located in Puyallup, WA. The City and Contractor (together “Parties”) are located and do business at the below addresses which shall be valid for any notice required under this Agreement: CONTRACTOR: Northwest Cascade Inc, DBA FlowHawks POC: Bernie Strawn PO BOX 73399 Puyallup, WA 98372 1-800-356-4295 (telephone) BernieStrawn@flohawks.com CITY OF YELM Chad Bedlington 105 Yelm Avenue West Yelm, WA 98597 360-458-8412 (telephone) chadb@yelmwa.gov The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than November 13, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor for up to three (3) additional years renewed annually. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Yelm business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agre ement, notwithstanding the City’s knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2 | Page 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the negligent acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. 3 | Page 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2 No Limit of Liability. Contractor’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 4 | Page a. Insurance coverage required hereunder shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. b. Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best rating of not less than A:VII. 6.5 Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit “C” and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.6 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City’s request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss 5 | Page of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor’s failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor’s selection, negotiation, drafting, signing, administration, or evaluating the Contractor’s performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities’ employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This 6 | Page Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the Thurston County Superior Court, Thurston County, Washington, unless the parties agree in writing to an alternative process. If the Thurston County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in Thurston County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in Thurston County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties’ rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agre ement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the “date of mutual execution” hereof. [Signature page follows] 7 | Page IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF YELM ATTEST: ________________________________ JW Foster, Mayor _________________________________ City Clerk, Lori Mossman DATE:________________________________ APPROVED AS TO FORM: ____On File_________________________ City Attorney, Brent Dille Northwest Cascade, Inc DBA FloHawks By: ___________________________________ Printed Name: __________________________ Title: __________________________________ Date: ________________________________ Corporate: STATE OF WASHINGTON ) ) ss. COUNTY OF ____________) On this day personally appeared before me ______________________, to me known to be the _______________________ of_____________________________________ that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ______ day of ______________________, 20__. Notary’s signature _____________________________________ Notary’s printed name _____________________________________ Notary Public in and for the State of Washington. My commission expires__________________ 8 | Page EXHIBIT “A” SERVICES The Contractor shall do or provide the following: The work includes all aspects of collecting and hauling of the City’s septage and waste activated sludge. Contractor shall furnish all equipment, labor, materials, tools and incidentals necessary to provide said service. All septage shall be delivered from various locations throughout the City of Yelm to: Bio Recycling (North Ranch) 820 E Web Hill Road, Union, WA, or City of Tacoma Central Treatment Facility, 2201 Portland Avenue, Tacoma, WA, or FlowHawks 251 Roy Rd SW, Pacific, WA 98047 All WAS shall be delivered from the City of Yelm Water Reclamation Facility located at 931 N.P. Rd in Yelm to: City of Shelton Membrane Facility, near Hwy 101 & W Fairgrounds Rd, Shelton, WA, or City of Tacoma Central Treatment Facility, 2201 Portland Avenue, Tacoma, WA. For deliveries to the City of Tacoma, Contractor must be approved and permitted to dump at the Central Treatment Facility. If the City specifies another location for delivery of either the septage or WAS, a negotiated price for trucking will be determined for the remainder of the contract. The City anticipates the proposed Contractor to work up to three full working day’s per week collecting, hauling, and disposing septage from the City’s septic tank effluent pump (STEP) tanks and three loads per week collecting and hauling WAS from the City’s W ater Reclamation Facility. It is also anticipated that the Contractor will be available to assist the City during power outages or other emergencies. The Contractor will be subject to Chapters 39.12 and 49.28 RCW and amendments thereto relating to prevailing wages, benefits and other requirements. No claim for additional compensation will be allowed based upon a lack of knowledge or a misunderstanding of any such requirements by the Bidder/Contractor or a failure to include in the Bidder’s bid price adequate increases in such wages during the performance of the Contract. After the initial two-year contract period, bid pricing may be renegotiated annually for up to three (3) additional one-year terms. SEPTAGE COLLECTION AND HAULING It is estimated that the Contractor will pump approximately 6,000-15,000 gallons of septage from the City’s STEP Collection System per day of operation. It is estimated that the Contractor will be required to dedicate one working day per week to this service unless otherwise specified. STEP tanks range in size from 1,000 gallons to 10,000 gallons and the depth of the top of the tank varies from 1.5 feet to 8 feet. The City will provide access to the STEP tank. Collection, hauling and disposal of septage from the City’s STEP collection system shall be priced per gallon to haul to each respective location, with the majority of the annual septage and WAS hauling to Union, WA & Shelton, WA respectively 9 | Page WASTE ACTIVATED SLUDGE COLLECTION AND HAULING The City anticipates approximately 3,500 gallons per day @ 6% solids, 3 days per week of waste activated sludge (WAS). Collection and hauling frequency may be up to 3 days per week. Collection and hauling of WAS from the City’s WRF shall be priced per gallon to haul to the City of Tacoma Central Treatment Facility. The City will remain responsible for the disposal fees of the WAS at the City of Tacoma or as otherwise specified by the City. [End of Project Services/Scope] INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Zurich American Insurance Company Starr Surplus Lines Insurance Company Axis Surplus Insurance Company 9/28/2018 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 Casondra Mossuto 800 499-0933 866 577-1326 casondra.mossuto@propelinsurance.com Northwest Cascade Inc. dba FloHawks Honey Buckets & North Bay Portable PO Box 73399 Puyallup, WA 98373 16535 13604 26620 A X X X PD Ded: $5,000 X GLA013642404 10/01/2018 10/01/2019 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A X X X GLA013642404 10/01/2018 10/01/2019 1,000,000 B X X X 0 1000584667181 10/01/2018 10/01/2019 5,000,000 5,000,000 A GLA013642404 Incl. USL&H & WA Stop Gap 10/01/2018 10/01/2019 X 1,000,000 1,000,000 1,000,000 C Pollution Liab.CP002899022018 10/01/2018 10/01/2019 $1,000,000 Occ/Agg $25,000 Deductible RE: Operations performed by the Named Insured. The City of Yelm is additional insured per the attached endorsements. City of Yelm 901 Rhoton Road Yelm, WA 98597 1 of 1 #S3376338/M3375779 NORTCASC1Client#: 12831 KTR00 1 of 1 #S3376338/M3375779 This page has been left blank intentionally. Additional Insured – Automatic – Owners, Lessees Or Contractors U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. GLA 0136424-04 10/01/2018 10/01/2019 73038000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PL EASE READ IT CAREFUL LY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement . Such person or organization is an additional insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury " caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work " as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement . However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies : This insurance does not apply to: "Bodily injury ", "property damage" or "personal and advertising injury " arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury " or "property damage", or the offense which caused the "personal and advertising injury ", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit " as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit " will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an addi tional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit ". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance : The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement ; or 2. Available under the applicable Limits of Insurance shown in the Declarations , whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Dec larations. All other terms and conditions of this policy remain unchanged. Waiver Of Subrogation (Blanket) Endorsement U-GL -925-B CW (12/01) Page 1 of 1 Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l. Prem Return Prem. GLA 0136424-04 10/01/2018 10/01/2019 73038000 $INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PL EASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Other Insurance Amendment – Primary And Non- Contributory U-GL-1327-B CW (0 4/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. GLA 0136424-04 10/01/2018 10/01/2019 73038000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PL EASE READ IT CAREFUL LY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit ". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. POLICY NUMBER: GLA 0136424-04 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Wolters Kluwer Financial Services | Uniform Forms TM DESIGNATED CONSTRUCT ION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUC- TION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED I N- SURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CON- SOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated cons truction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organiz ations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General A g- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be at- tributed only to ongoing operations at a single des ignated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applic able; and 2. Such payments shall not reduce any Desi g- nated Construction Project General Aggre- gate Limit. C. When coverage for liabili ty arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations A g- gregat e Limit, and not reduce the General A g- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contrac t- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III – Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Coverage Extension Endorsement U-CA-424-F CW (04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem Return Prem. GLA 0136424-04 10/01/2018 10/01/2019 73038000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also an “insured” while operating an “auto” hired or rented under a contract or agreement in an “employee’s” name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment – Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04/14) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II – Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III – Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV – Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage – Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW (04/14) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: W e will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04/14) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage – Comprehensive Coverage – Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos – Physical Damage 1. The following is added to Section I – Covered Autos: Temporary Substitute Autos – Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos – Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CW (04/14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured’s" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos – Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto – World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04/14) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II – Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III – Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered “auto” is stolen and recovered, we will pay the cost of transport to return the “auto” to you. We will pay only for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) City of Yelm Public Works Department Physical Address: 901 Rhoton Road SE Mailing Address: 105 Yelm Ave West Yelm, WA 98597 (360) 458-8406 Fax: (360) 458-8417 Web: www.ci.yelm.wa.us PROFESSIONAL SERVICES AGREEMENT FOR PROPERTY ACQUISITION SERVICES SE RESERVOIR This Professional Services Agreement ("Agreement") is made between the City of Yelm, a Washington municipal corporation ("City"), and Tierra Right of Way Services, Ltd., a Washington limited liability corporation ("Consultant”). The City and Consultant (together “Parties”) are located and do business at the below addresses which shall be valid for any notice required under this Agreement: TIERRA RIGHT OF WAY Leslie Beaird, SR/WA, RW/RAC 444 NE Ravenna Blvd. - Suite 103 Seattle, WA 98115 (206) 363-1556 (telephone) (206) 363-0106 (facsimile) lbeaird@tierra-row.com CITY OF YELM Patrick T. Hughes, P.E. 105 Yelm Avenue West Yelm, WA 98597 (360) 458-8499 (360) 458-8417 patrickh@yelmwa.gov The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2019 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Consultant. 2. SERVICES. The Consultant shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Consultant warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Yelm business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Consultant of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City’s knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Consultant fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Consultant an amount not to exceed a maximum amount and according to a rate or method as also delineated in Exhibit "B", attached hereto and incorporated by this reference. The Consultant agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Consultant shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Consultant shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Consultant Indemnification. The Consultant agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Consultant in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. Consultant shall ensure that each sub-Consultant shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Consultant pursuant to this paragraph. The City's inspection or acceptance of any of Consultant’s work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Consultant waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Consultant's indemnification shall not be H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Consultant, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-Consultants harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney’s fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Consultant agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Consultant, their agents, representatives, employees or subconsultants for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1 Minimum Limits. The Consultant agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants, products- completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Consultant. 6.2 No Limit of Liability. Consultant’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: a. Insurance coverage required hereunder shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) b. Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best rating of not less than A:VII. 6.5 Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Consultant shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit “C” and incorporated by this reference. At City's request, Consultant shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Consultant's insurance policies are "claims made," Consultant shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.6 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Consultant in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Consultant may be grounds for immediate termination. All records submitted by the City to the Consultant will be safeguarded by the Consultant. The Consultant will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Consultant while performing the Work shall belong to the City upon delivery. The Consultant shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City’s request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Consultant shall be delivered to the City. 9. BOOKS AND RECORDS. The Consultant agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONSULTANT. The Parties intend that the Consultant shall be an independent Consultant and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Consultant sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subconsultants in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant’s own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Consultant shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Consultant, H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) shall not be deemed to convert this Agreement to an employment contract. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Consultant may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Consultant's ability to perform the Services. Consultant agrees to resolve any such conflicts of interest in favor of the City. Consultant confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Consultant’s selection, negotiation, drafting, signing, administration, or evaluating the Consultant’s performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Consultant or its subconsultants of any level, or any of those entities’ employees, agents, subconsultants, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Consultant nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) 13.3 Compliance with Laws. The Consultant shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Consultant's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the Thurston County Superior Court, Thurston County, Washington, unless the parties agree in writing to an alternative process. If the Thurston County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in Thurston County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in Thurston County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties’ rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the “date of mutual execution” hereof. [Signature page follows] H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF YELM ATTEST: ________________________________ JW Foster, Mayor _________________________________ City Clerk, Lori Mossman DATE:________________________________ APPROVED AS TO FORM: _________________________________ City Attorney, Brent Dille TIERRA RIGHT OF WAY SERVICES, LTD. By: ___________________________________ Printed Name: __________________________ Title: __________________________________ Date: ________________________________ STATE OF WASHINGTON ) ) ss. COUNTY OF ____________) On this day personally appeared before me ______________________, to me known to be the _______________________ of_____________________________________ that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ______ day of ______________________, 20__. Notary’s signature _____________________________________ Notary’s printed name _____________________________________ Notary Public in and for the State of Washington. My commission expires__________________ City of Yelm, SE Reservoir Project Right of Way Acquisition Services 18WR00-259 SCOPE OF WORK— ACQUISITION SERVICES The City of Yelm has requested that Tierra Right of Way, Ltd. (Tierra) provide a scope of work and cost proposal to survey up to four parcels for property owners that may be willing to sell all or a portion of their property. Once a parcel is identified, Tierra will acquire the real estate interests and in the event there is a displacee on the property Tierra will provide relocation services. Although there is no federal funding, Tierra will perform all acquisition and relocation services in accordance with Federal, State, and local laws, including the Uniform Act, WSDOT LAGs & ROW manual, and Chapter 8.26 RCW. Our cost proposal includes, but is not limited to, the following tasks: • PROJECT KICKOFF - Tierra’s Project Manager and Senior Right of Way Agent (Tierra) to attend kick off meeting at the City to obtain further project background and discuss the approach or options for each property owner and tour the project site. Tierra will use WSDOT LAC FHWA approved templates which are located at http://www.wsdot.wa.gov/LocalPrograms/ROWServices/LPA-forms.htm. Other project meetings to be scheduled as needed. • PRELIMARY REVIEW, SURVEY & PLANNING – Tierra will review the Purchase and Sale agreement that the City intends to use. Tierra will survey up to four property owners informing them of the project and inquiring if they are interested in selling a portion or all the property for the project. Once a parcel is identified, appraisal, appraisal and title review and negotiations will take place. If a property has occupants, including personal property, Tierra will provide relocation services. • APPRAISAL – Tierra will subcontract and manage the appraisal reports with WSDOT approved and state licensed appraiser, Rich Duncan, R.F. Duncan & Associates. The appraisal will be prepared in compliance with all applicable State and Federal Appraisal Standards, including USPAP and the Washington State Department of Transportation (WSDOT) Right of Way (ROW) and Local Agency Guidelines (LAG) Manuals utilizing the WSDOT approved format and Local Public Agency template forms. • APPRAISAL REVIEW - Tierra will subcontract and manage the Appraisal Review report with WSDOT approved and state licensed appraiser, Jim Lingeman, Lingeman Valuation & Consulting. The review will be prepared in compliance with all applicable State and Federal Appraisal Standards, including USPAP and the WSDOT ROW and LAG Manuals utilizing the WSDOT approved format LPA forms. • TITLE - Upon receipt of the title report from the City, Tierra will conduct initial review of the report to assess any future complications at closing and potential conflicts from utility encumbrances, etc., that may pose obstacles or delays to the acquisition closing process. This information will be shared with the City in the form of a summary/synopses and Tierra will work with the escrow company to resolve any further action necessary. City of Yelm, SE Reservoir Project Right of Way Acquisition Services 18WR00-259 • NEGOTIATIONS – Tierra agents will perform and oversee property negotiations for one property owner(s). The offer will be presented in person if possible. An out-of-area owner(s) will be contacted by telephone and by certified mail. o Tierra will: ▪ Evaluate the appraisal, parcel map, title report and prepare the file electronically and physically. ▪ Prepare one offer package and promptly present offer to purchase all the required real property interests from the property owner. • Offer package includes: offer letter, copy of the approved Administrative Offer Summary (AOS) or the appraisal and review, easement document, exhibits and other related acquisition documents using WSDOT approved forms. o Offer Presentation: Tierra will contact the property owner and meet the owner in person to explain the proposed project and present the offer package. After the offer is presented to the property owner, Tierra will attempt up to two “in- person” meetings with a property owner and five follow up conversations, which will be via email or phone conversation, to complete negotiations. o Administrative Settlement: If necessary, with proper supported documentation, and when negotiation amounts exceed the just compensation amount, Tierra will make recommendations for an administrative settlement. Subject to City approval, Tierra will attempt to secure an administrative settlement with property owners to avoid the condemnation process. o Prepare file for closing. o If necessary, prepare file for condemnation by preparing a condemnation summary. o Prepare and maintain diaries. o Prepare and provide status updates monthly or as requested from the City. o Upon receipt of signed conveyance documents, Tierra will forward the documents to the City. o Agent QA files for submittal to Project Manager. • RELOCATION Tierra would prepare a Relocation Plan and schedule a meeting with the Displacees at their property. Our Agent will provide the Displacees with an overview of the project and the relocation assistance that will be available to them when they are required to move from the property. Our Relocation Plan will consider the relocation needs of any residents, businesses or personal property on site, the availability of replacement sites, and any special considerations needed to accommodate the move of a family or business operation. Required Relocation Plan Programs or projects undertaken with Federal or State financial assistance shall be planned in a manner that recognizes any problems associated with the displacement of individuals, families, businesses, and farm operations and will provide for resolutions of such problems to minimize adverse impacts on displaced persons and to expedite program and project advancement and completion. Due to this guidance in the Uniform Act and State Law, Tierra will personally interview the displaced individuals and research the immediate market area for available replacement sites. From those interviews, we will determine an estimate of relocation expenses and any displaced individual’s needs. City of Yelm, SE Reservoir Project Right of Way Acquisition Services 18WR00-259 Relocation Assistance Services Relocation services will be executed by Tierra agents for the eligible property and displacee. Relocation Services will begin immediately after a parcel is identified for negotiations. Agents will conduct eligibility interviews with displacee’s, perform inventory inspections, request move bids, locate comparable properties, prepare and present determination/move benefit packages, issue 90-day notices to displacees, assist with site searches, perform decent safe and sanitary (DS&S) inspection and other required inspections of replacement sites, monitor moves and perform vacate inspections, receive and process all claim forms, and close files when all claims are complete. The duration typical of relocations is: 3 to 9 months. • PROJECT MANAGEMENT o Tierra to report acquisition and relocation statuses monthly or as requested. o Provide project management in coordination with City staff. o Monitor project budget and schedule. o Maintain a physical hardcopy file for each parcel and displacement for submittal to the City upon completion. o QC of files will be performed prior to submittal to the City at completion. o Subcontract and manage appraisal process for one parcel. City Project Deliverables The City to provide Tierra with the following prior to the commencement of any activities: • Title Commitment o The City will decide which encumbrances need to be cleared. This may involve a discussion of risk as related to existing Deeds of Trust and/or other monetary encumbrances. • Legal description and parcel map exhibits, if needed. • Provide the conveyance document the City prefers to use to acquire the property rights. • Project schedule, notification if any change occurs. Tierra Project Deliverables: • Attend project kickoff meeting at City office • Tierra will review title reports and work with the title/escrow Company to obtain release documentation from the encumbrance(s) of public record that are not acceptable to provide clear title to the property being acquired. • Prepare and review appraisals and review appraisals. • Prepare one acquisition files and one relocation file. • For the offer, provide up to two attempts in person and five follow up conversations via email or telephone. General acquisition/negotiation communications with owners. • Attend conference calls with the City and WSDOT as needed. • Complete, quality assurance and control for parcel file and one relocation file. • Provide status reports monthly at a minimum or as requested. City of Yelm, SE Reservoir Project Right of Way Acquisition Services 18WR00-259 Project Assumptions: • All mileage expenses will be invoiced to the Client at the IRS established rate on the day the expense was incurred. We have provided an estimate in our Cost Proposal of mileage anticipated to be utilized during the Project. Actual mileage may be more or less than what is estimated herein. • A maximum of up to two documented attempts in person and a maximum of five additional attempts will be over the telephone, via email, and/or mail to successfully acquire each parcel. • Whenever possible, owners residing locally will be presented their offers in person. Tierra will mail via Certified mail, offers to owners located outside of a 50-mile radius from the project area. • There are no more than two principal owners of any parcel and that both are geographically located very near to each other. • Any delay in project design or design changes will delay Tierra's project schedule. • Any changes in plans that impact the acquisition area after appraisal has commenced will result in a price increase and a delay in the Project schedule. • In the event after negotiations begin the identified owner later determines they are not interested in selling and Tierra is required to find another willing property owner, an amendment will be made to this agreement adding scope and budget. • If more than one displacement is identified during the interview stage, Tierra will interview at the earliest possible time and inform the City. The City agrees to additional charges should this occur. • The price does not include escrow, title insurance, or recording fees, survey, the development of legal descriptions or exhibits. • PROJECT SCHEDULE Tierra’s goal is to have the selected parcel acquired and any occupants relocated by October 2019 for an anticipated Spring 2020 Construction timeline. H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) EXHIBIT “B” COMPENSATION In consideration of the Consultant performing the Services, the City agrees to pay the Consultant an amount calculated on the basis of the hourly labor charge rate schedule for Consultant's personnel as shown in the attached schedule. The total amount, including Washington State sales tax, shall not exceed Twenty Thousand Forty-Five and 57/100 Dollars ($20,045.57). City of Yelm, SE Reservoir Project Right of Way Acquisition Services 18WR00-259 Labor Classification Hours Direct Salary OH Fixed Fee Total Total Amount Project management, Vetting 4 parcels, one negotiation, one relocation 135.83%30.00% Division Manager 2 $ 57.70 $ 78.37 $ 17.31 $ 153.38 306.77$ Project Manager 45.00 $ 52.88 $ 71.83 $ 15.86 $ 140.57 6,325.69$ Senior Right of Way Agent (Acq)65.00 $ 37.00 $ 50.26 $ 11.10 $ 98.36 6,393.21$ Right of Way Technician 20.00 $ 25.00 $ 33.96 $ 7.50 $ 66.46 1,329.15$ 14,354.82$ Direct Reimbursables 50 miles R/T - 7 trips Travel (Mileage):350 Miles 0.545$ 190.75$ Travel (Lodging:)- Night -$ -$ Travel (Meals:)- Daily -$ -$ Postage - Total $0.00 -$ Toll - Each trip 7.00$ -$ Reproduction - 8.5" x 11"- Pages -$ -$ Reproduction - 11" x 17"Total -$ -$ Reproduction - 24" x 36"- Sheets -$ -$ Direct Reimbursables Subtotal:190.75$ Subcontracted Services ROW Plan updates, Legal descriptions, Exhibits, title reports, PFE, AOS, Appraisal & Appraisal Review Duncan & Associates - -$ 4,500.00$ Lingeman Valuation & Consulting - -$ 1,000.00$ Subcontracted Work Subtotal:5,500.00$ Total Maximum Amount Payable 20,045.57$ Task Order Total Maximum - Rounded 20,045.57$ City of Yelm, SE Reservoir Tierra Right of Way Services, Ltd. H:\~Water Utility\~Projects\SE Reservoir\2 Property Acquisition (Tierra ROW)\Consultant Contract (Tierra ROW) EXHIBIT “C” INSURANCE To: Mayor JW Foster Yelm City Council From: Joseph Wolfe, Finance Director Date: November 7, 2018 (for November 13th City Council Meeting) Subj: 2019-2020 City of Yelm Biennial Budget – Ordinance No. 1050 Recommendation To open the Public Hearing on the 2019-2020 City of Yelm Budget. After the staff report and public comment, continue the Hearing to the November 27th City Council Meeting. At this meeting additional public comment will be heard and the budget will be scheduled for adoption. Background The Mayor’s 2019-20 Biennial Budget Proposal was presented to the Council by Mayor JW Foster and Finance Director Wolfe on October 10, 2018. The 2019-20 Revenue forecast and Ad Valorem were presented to the City Council on October 23, 2018. Revenue and expenditure numbers have been adjusted to reflect the most current information from Thurston County and State of Washington, the Association of Washington Cities, and decisions related to capital and operating budgets (including salary and benefit costs). Current Situation Mayor Foster and staff present a balanced 2019-20 Biennial Budget for public comment. The 80 million dollar biennial budget budget reflects a conservative approach to revenue projections, as well as a thorough analysis of planned expenditures. It maintains current programs, contracts and levels of service provided to the community while creating the organizational structure necessary to accommodate future growth. The 2019-20 biennial budget implements the Mayor’s Budget Objectives of Maintaining the Quality and Safety of Our Workforce, Enhancing Community Services, and Strengthening Community Partnerships. Staff Report Ordinance 1050 2019-2020 Biennial Budget Highlights of the Biennial Budget include: • Sustain the seven employees the City has recently added, including 3 additional Police Officers in fiscal years 2017-2018 • Maintain fiscal responsibility by balancing revenue and expenditures on a 6-year horizon • Fully funds budget reserves and Equipment Reserve & Replacement Accounts • Create a framework for continued growth that supports essential services • Strengthens the City’s communication capabilities to enhance transparency • Work to resolve the water rights issues of the past • Continue investing in services to accommodate future growth, projected to double our population over the next 10-15 years • Enhance public service and educational opportunities • Continue necessary infrastructure projects • Reduce the burden on utility customers through the use of technology • Continue to work with local business, planning, and economic development organizations to grow our economy • Strengthen our ties with local community organizations by establishing partnerships and support mechanisms that benefit our citizens The proposed Budget will enhance the following services: • New and improved website to enhance citizen’s access to information and services • Customer service – creating a one-stop shop for all essential services • Implementation of new financial management and utility billing software to improve all back office functions and improve utility customer experience with the city • Extension Classes at Yelm Community Center in partnership with South Puget Sound Community College The proposed 2019-20 Budget will also continue work on important long-term projects: • Updates to the Comprehensive Plan and Unified Development Code • Upgrade facilities to increase energy efficiency and utilize renewable energy • Constructing the Yelm Loop to improve traffic flow through and around Yelm • Water Rights mitigation to support future growth • Essential improvements to Water Reclamation Infrastructure • Finalizing and implementing Yelm’s first Economic Development Plan • Implement a new Pavement Preservation Program CITY OF YELM ORDINANCE NO. 1050 AN ORDINANCE OF THE CITY OF YELM ADOPTING THE YELM MUNICIPAL BUDGET AND SALARY AND BENEFIT SCHEDULE FOR THE CALENDAR YEAR 2018. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YELM, THURSTON COUNTY, STATE OF WASHINGTON, AS FOLLOWS: Section 1. The monies in the funds of the City Treasury as identified in Appendix I are hereby budgeted and appropriated for the 2019-2020 Biennial Budget to be used for the purposes for which said funds have been established and maintained. Section 2. The 2019-2020 salary and hourly salary rates for officers and employees of the City of Yelm shall be, and the same are hereby fixed and established as set forth in the “2019 and 2020 Salary Schedules”, annexed hereto as Appendix II, and by this reference incorporated as thought fully set forth. Sick leave, bereavement leave, vacation, holidays, medical, dental and life insurance benefits shall be accumulated and provided to officer and employees of the City of Yelm in the manner set forth in the “2019-2020 Benefit Schedule”, annexed hereto as Appendix III, and by this reference incorporated as though fully set forth. Section 3. Copies of this Ordinance shall be sent to the State Auditor, Thurston County Auditor, and Municipal Research Services. Section 4 Effective Date. This Ordinance shall take effect five days following publication. Section 5 Ratify and Confirmation Clause. Any action taken pursuant to this ordinance but prior the effective date is hereby ratified and confirmed. JW Foster, Mayor Authenticated: Lori Mossman, City Clerk PASSED AND APPROVED: November 27, 2018 PUBLISHED: Nisqually Valley News, November 2, 2018 FUND NUMBER 2019-2020 REVENUE FUND TITLE TRANSFER TYPE 2019 TOTALS 2020 TOTALS Biennial Totals 2019 2020 Biennium 2019 2020 2019 2020 001 General Fund 874,221$ 977,615$ 6,543,831$ 6,761,053$ 7,418,052$ 7,738,668$ 15,156,720$ 101 City Street Fund 130,019$ 35,534$ 144,133$ 153,143$ 1 279,000 346,000$ 553,152$ 534,678$ 1,087,830$ 102 Arterial Street Fund 120,947$ 33,803$ 93,356$ 84,300$ 214,303$ 118,103$ 332,406$ 104 Cumulative Reserve/Urban Development 284,001$ 322,001$ 3 38,000 15,000$ 322,001$ 337,001$ 659,002$ 105 Park Reserve 1,175$ 1,178$ 1,175$ 1,178$ 2,353$ 107 Tourism Promotion 192,800$ 132,800$ 20,000$ 20,000$ 212,800$ 152,800$ 365,600$ 109 YPD School Resource 10,328$ 48,073$ 67,000$ 67,000$ 77,328$ 115,073$ 192,401$ 119 Deposits/Surety/Retainage -$ -$ -$ -$ -$ 120 Transportation Facilities Charges 34,032$ 24,212$ 122,000$ 142,000$ 156,032$ 166,212$ 322,244$ 200 LTGO Bond Redemption Fund 153,732$ 30,232$ 1,500$ 750$ 2 205,460 331,145$ 360,692$ 362,127$ 722,819$ 202 Killion Rd LID #2 Repayments 963,543$ 1,020,064$ 439,499$ 388,882$ 2 1,403,041$ 1,408,946$ 2,811,987$ 203 Sewer Revenue Bond/Loans 601$ 776$ 175$ 175$ 2 173,026 173,026$ 173,802$ 173,977$ 347,779$ 204 Sewer Bond/Loan Reserves 426,609$ 427,609$ 1,000$ 1,000$ 427,609$ 428,609$ 856,218$ 205 Park Reserve -$ -$ -$ 302 Municipal Building Fund 257,087$ 2,721$ 623,764$ 301,500$ 3 25,000$ 880,851$ 329,221$ 1,210,072$ 316 Road/Street Construction 314,523$ 299,295$ 859,007$ 1,714,317$ 3 285,771 500,488$ 1,459,301$ 2,514,100$ 3,973,401$ 400 Stormwater Utility 2,003$ 5,858$ 314,200$ 406,840$ 316,203$ 412,698$ 728,901$ 401 Municipal Water 5,074,165$ 5,739,589$ 3,496,083$ 3,667,687$ 8,570,247$ 9,407,276$ 17,977,523$ 402 Utility Consumer Deposits 96,807$ 96,807$ 5,000$ 5,000$ 101,807$ 101,807$ 203,614$ 404 Water Capital Improvement 1,737,601$ 1,810,277$ 407,500$ 455,000$ 3 1,385,176 3,530,277$ 2,265,277$ 5,795,554$ 405 Water Revenue Debt Redemption 103,986$ 99,355$ 5,000$ 2,500$ 2 913,358 915,701$ 1,022,343$ 1,017,556$ 2,039,899$ 406 Water Revenue Debt Reserve 942,061$ 943,561$ 1,500$ 1,500$ 943,561$ 945,061$ 1,888,622$ 412 Sewer/Reuse Operations/Maintenance 1,956,025$ 1,709,528$ 2,796,500$ 3,040,000$ 4,752,525$ 4,749,528$ 9,502,053$ 413 Sewer/Reuse Capital Reserve 3,125,180$ 1,223,306$ 1,055,000$ 3,305,333$ 97,326 97,326$ 4,277,506$ 4,625,965$ 8,903,471$ 415 Sewer Bond Refi & Reserve 144,800$ 144,975$ 175$ 175$ 2 97,101 97,101$ 242,076$ 242,251$ 484,327$ 430 Shortline Railroad 4,457$ 4,517$ 60$ 60$ 4,517$ 4,577$ 9,094$ 431 Water Construction Fund 1,385,176$ 1,385,176$ -$ 1,385,176$ 501 IT Equipment Rental & Repair 302,719$ 392,705$ 640,334$ 681,498$ 943,053$ 1,074,203$ 2,017,256$ 502 Equipment Rental & Repair 147,514$ 168,078$ 639,023$ 406,145$ 786,537$ 574,223$ 1,360,760$ TOTAL REVENUE APPROPRIATION 18,786,111$ 15,694,469$ 18,275,639$ 21,605,858$ 3,474,218$ 2,500,787$ 40,535,967$ 39,801,115$ 80,337,082$ TRANSFER AMOUNTBEGINNING NET CASH REVENUE APPROPRIATION 2019-2020 REVENUE BUDGET SUMMARY CITY OF YELM FUND NUMBER 2019-2020 EXPENDITURE FUND TITLE TRANSFER TYPE 2019 TOTAL 2020 TOTAL Biennial total 2019 2020 2019 2020 2019 2020 2019 2020 2019 2020 2019 2020 001 General Fund 5,917,976$ 6,032,223$ 977,615$ 1,014,300$ 522,460$ 692,145$ 7,418,052 7,738,668 15,156,720$ 101 City Street Fund 452,617$ 448,352$ 35,534$ 5,325$ 65,000$ 81,000$ 553,152 534,678 1,087,830$ 102 Arterial Street Fund 80,500$ 15,000$ 33,803$ 3,103$ 2 100,000$ 100,000$ 214,303 118,103 332,406$ 104 Cumulative Reserve/Urban Development 322,001$ 337,001$ 322,001$ 337,001$ 322,001 337,001 659,002$ 105 Park Reserve 1,175$ 1,178$ -$ -$ 1,175 1,178 2,353$ 107 Tourism Promotion 80,000$ 80,000$ 132,800$ 72,800$ 212,800 152,800 365,600$ 109 TYPD School Resource 29,255$ 31,056$ 48,073$ 84,017$ 77,328 115,073 192,401$ 119 Deposits/Surety/Retainage -$ -$ - - -$ 120 Transportation Facilities Charges 13,723$ 8,486$ 24,212$ 400$ 1 118,097$ 157,326$ 156,032 166,212 322,244$ 200 LTGO Bond Redemption Fund 330,460$ 331,145$ 30,232$ 30,982$ 360,692 362,127 722,819$ 202 Killion Rd LID #2 Repayments 3,000$ 3,000$ 379,977$ 368,138$ 1,020,064$ 1,037,808$ 1,403,041 1,408,946 2,811,987$ 203 Sewer Revenue Bond/Loans 173,026$ 173,026$ 776$ 951$ 173,802 173,977 347,779$ 204 Sewer Bond/Loan Reserves 427,609$ 428,609$ 761,963$ 763,963$ 427,609 428,609 856,218$ 205 Park Reserve - - -$ 302 Municipal Building Fund 778,130$ 25,000$ 2,721$ 129,221$ 3 100,000$ 175,000$ 880,851 329,221 1,210,072$ 316 Road/Street Construction 1,160,006$ 2,238,291$ 299,295$ 275,809$ 1,459,301 2,514,100 3,973,401$ 400 Stormwater Utility 310,345$ 353,064$ 5,858$ 21,634$ 3 38,000$ 316,203 412,698 728,901$ 401 Municipal Water 1,917,300$ 1,928,759$ 5,739,589$ 6,562,816$ 1,2,3 913,358$ 915,701$ 8,570,247 9,407,276 17,977,523$ 402 Utility Consumer Deposits 5,000$ 5,000$ 96,807$ 96,807$ 101,807 101,807 203,614$ 404 Water Capital Improvement 1,720,000$ 1,875,000$ 1,810,277$ 361,651$ 3 28,626$ 3,530,277 2,265,277 5,795,554$ 405 Water Revenue Debt Redemption 922,988$ 925,228$ 99,355$ 92,327$ 1,022,343 1,017,556 2,039,899$ 406 Water Revenue Debt Reserve 943,561$ 945,061$ 943,561 945,061 1,888,622$ 412 Sewer/Reuse Operations/Maintenance 2,772,870$ 2,753,360$ 1,709,528$ 1,726,040$ 1,3 270,127$ 270,127$ 4,752,525 4,749,528 9,502,053$ 413 Sewer/Reuse Capital Reserve 3,054,200$ 3,865,333$ 1,223,306$ 717,770$ 3 42,862$ 4,277,506 4,625,965 8,903,471$ 415 Sewer Bond Refi & Reserve 97,101$ 97,101$ 97,101$ 97,101$ 144,975$ 145,150$ 242,076 242,251 484,327$ 430 Shortline Railroad 4,517$ 4,577$ 4,517 4,577 9,094$ 431 Water Construction Fund 3 1,385,176$ 1,385,176 - 1,385,176$ 501 IT Equipment Rental & Repair 550,348$ 573,341$ 392,705$ 500,862$ 943,053 1,074,203 2,017,256$ 502 Equipment Rental & Repair 618,459$ 413,364$ 168,078$ 160,859$ 786,537 574,223 1,360,760$ TOTAL EXPENDITURE APPROPRIATION 12,737,672$ 12,636,520$ 1,903,552$ 1,894,638$ 6,712,336$ 8,003,624$ 861,609$ 872,375$ 16,027,646$ 15,091,236$ 3,474,218$ 2,500,787$ 40,535,967 39,801,115$ 80,337,082$ - - General Fund funds general government services including the following:Transfer types: 1 = Operating Transfers, 2 = Debt Service Transfers, 3 = Equity, Reserve, or Capital Transfers 2019 2020 Biennium Administration 1,162,993 1,209,699 2,372,692 Dedicated Funds - provide services, fund programs, fund capital expenditures and/or repay debt Public Safety 2,727,035 2,819,693 5,546,729 Utility/Enterprise Capital Improvement Funds: 404, 413, 431 Public Works & Parks 486,683 463,643 950,326 Debt Service Payments and/or Reserves: General/Current Fund Supported 200, 202, 203, 204; Community Development 1,341,195 1,357,604 2,698,799 Special/Dedicated Projects/Reserve Funds (may include capital exp.): 104,105, 107, 109, 302,430 Debt Service, Transfers and Reserve Balances 1,700,146 1,888,028 3,588,174 Funds 119 and 402 are Trust Accounts (Money held for a period of time but not belonging to the City.) 7,418,052 7,738,668 15,156,719 Administration : Legislative, Executive, Administrative & Financial Services, Legal, Central Svcs, L&I Retro Public Safety: Court, Police, Fire, Prisoner Support Costs: Community Development: Building, Engineering, Planning, Code Compliance, Planning Commission: Programs & Services: Parks, Streets, Library, Historic Preservation, Animal Control, Community Support: Debt Service and Reserves: Ending Cash, Debt Service, Transfer Capital Repairs, Machinery & Equipment TRANSFER AMOUNT 2019-2020 EXPENDITURE BUDGET SUMMARY CITY OF YELM OPERATION PURPOSES DEBT SERVICE PURPOSES CAPITAL PURPOSES RESERVE PURPOSES ENDING CASH TRANSFER AMOUNT TRANSFERRING FUND DESCRIPTION TRANSFERRING ACCOUNT NUMBER RECEIVING FUND DESCRIPTION RECEIVING ACCOUNT NUMBER 625,000$ 001 GENERAL FUND 597.44.00.00 101 City Streets 397.44.00.00 53,000$ 001 GENERAL FUND 597.10.00.00 104 Cumulative Reserve 397.10.00.00 536,605$ 001 GENERAL FUND 597.21.62.01 200 LTGO Bond Redemption Fund - 2018 LTGO 397.21.62.01 1,214,605$ GENERAL FUND TOTAL 146,000$ 101 Municipal Street Fund 597.95.63.06 316 Road and Street Construction Fund 397.95.60.01 200,000$ 102 Arterial Streets Fund 597.95.63.06 316 Road and Street Construction Fund 397.95.60.07 20,771$ 120 Transportation Facility Charge 597.95.63.08 316 Road and Street Construction Fund 397.95.60.08 50,000$ 120 Transportation Facility Charge 597.95.63.08 316 Road and Street Construction Fund 397.95.60.08 10,000$ 120 Transportation Facility Charge 597.95.63.08 316 Road and Street Construction Fund 397.95.60.08 194,652$ 120 Transportation Facility Charge 597.95.63.00 413 Sewer Capital Improvements 381.20.00.00 621,423$ SPECIAL REVENUE FUND TOTAL 275,000$ 302 Municipal Building Fund 597.21.62.03 316 Road and Street Construction Fund 397.95.62.02 1,385,176$ 431 Water Construction (Close Fund)597.34.63.04 404 Water Capital Improvements 397.34.63.04 1,375,596$ 431 Water Construction 597.34.63.04 404 Water Capital Improvements 397.34.63.04 3,035,772$ CAPITAL PROJECT FUND TOTAL 38,000$ 400 Stormwater Utility 597.95.62.03 316 Road and Street Construction Fund 397.95.62.03 38,000$ STORMWATER FUND TOTAL 349,749$ 401 Municipal Water Fund 597.80.72.00 405 Water Revenue Bond Debt Redemption 397.80.72.00 103,713$ 401 Municipal Water Fund 597.80.72.02 405 Water Revenue Bond Debt Redemption 397.80.72.02 453,462$ WATER FUND TOTAL 346,052$ 412 Sewer Operations 597.80.72.00 203 Sewer Bond/Loan Payments 397.00.00.00 194,202$ 412 Sewer Operations 597.35.70.01 415 SRL Sewer Bond Refi Payment/Reserve 397.35.70.00 540,254$ SEWER FUND TOTAL 7,098$ 404 Water Capital Improvements 597.34.63.04 316 Road and Street Construction Fund 397.95.62.06 21,528$ 404 Water Capital Improvements 597.34.63.04 316 Road and Street Construction Fund 397.95.62.04 25,000$ 413 Sewer Capital Improvements 597.76.63.00 302 Municipal Building Fund 397.19.62.03 7,098$ 413 Sewer Capital Improvements 597.95.62.06 316 Road and Street Construction Fund 397.95.62.04 10,764$ 413 Sewer Capital Improvements 597.95.62.06 316 Road and Street Construction Fund 397.95.62.06 71,488$ SEWER CAPITAL IMPROVEMENT TOTAL 5,975,004$ Total 2019-2020 Transfers 625,000$ Operating Transfers Operating Transfers are made to funds lacking sufficient funding to support activity. 1,046,716$ Debt Service Transfers Debt Service Transfers pay bond or loan payments on existing debt. 4,303,288$ Equity/Reserve/Capital Transfer Equity/Reserve/Capital Transfers open/close funds, meet reserve requirements or accumulate capital. 5,975,004$ -$ 2019-2020 BUDGET TRANSFERS SUMMARY CITY OF YELM Appendix II CITY OF YELM SALARY SCHEDULE Minimum Maximum Minimum Maximum PW Field Supervisor $67,500 $80,592 $69,024 $82,404 PW Project & Programs Manager $79,569 $95,005 $81,359 $97,143 PW Maintainance Worker $46,548 $55,632 $47,604 $56,892 Custodian/Maintainance Worker $46,548 $55,632 $47,604 $56,892 Maintainance Worker/Equipment Operator $52,656 $62,844 $53,844 $64,260 Maintainance Worker/Mechanic $56,676 $67,680 $57,948 $69,204 Water Plant Operator $58,704 $70,092 $60,036 $71,676 Wastewater Treatment Plant Manager $76,649 $91,452 Utility Manager (Former WWTP Manager)$78,374 $93,510 Wastewater Treatment Plant Lead Operator $64,812 $76,200 $66,144 $77,784 Wastewater Treatment Plant Operator I $48,588 $58,032 $49,680 $59,340 Wastewater Treatment Plant Operator II $58,704 $70,092 $60,036 $71,676 Police Officer $66,552 $79,476 $68,216 $81,463 Police Detective $69,880 $83,450 $71,627 $85,536 Police Sergeant $89,820 $92,988 $92,066 $95,313 Human Resources Specialist $56,442 $67,724 $57,712 $69,248 Utility Clerk $51,021 $61,220 $52,169 $62,597 Administrative Assistant $50,957 $61,119 $52,104 $62,494 Treasurer $61,510 $73,795 $62,894 $75,455 Senior Accountant $56,442 $67,716 $57,712 $69,239 Accounting Assistant $53,087 $63,726 $54,281 $65,160 Court Clerk $46,736 $56,063 $47,788 $57,325 Police Records Clerk $46,736 $56,063 $47,788 $57,325 Associate Planner $71,267 $85,510 $72,871 $87,434 Civil Review Engineer $69,680 $83,099 $71,247 $84,969 Building Official $67,804 $81,352 $69,330 $83,183 Building Inspector $59,375 $71,229 $60,711 $72,832 IT Systems Administrator $68,145 $81,365 $69,679 $83,196 Computer Support Specialist $59,084 $70,901 $60,413 $72,496 Assistant to the City Administrator $58,856 $70,180 $60,181 $71,759 Finance Director $103,111 $123,787 $105,431 $126,572 Court Administrator $72,323 $86,826 $73,951 $88,779 Mayor $30,000/Year City Administrator $127,621 $152,392 $130,493 $155,821 City Clerk/HR Manager $85,030 $101,143 $86,943 $103,419 Judge $30,180 $36,183 $30,859 $36,997 Police Chief $108,664 $130,454 $111,109 $133,389 Public Works Director $104,986 $126,038 $107,348 $128,874 Community Development Director $100,232 $120,331 $102,487 $123,038 Communications Consultant $35,000 $41,792 $35,787 $42,732 Seasonal PW-hourly $13.00/Hour Councilmembers $7,200/Year Certified Court Interpreter $40-55/Session Bailiff $17.49/Hour Judge Pro-Tem $45.00/Hour PW Seasonal $13.00/Hour Appendix II 2019-2020 City of Yelm Salary Schedule 20202019Flat RateClassification Appendix III CITY OF YELM BENEFIT SCHEDULE Appendix III CITY OF YELM BENEFIT SCHEDULE PAID HOLIDAYS The following paid holidays are recognized by the City. Full -time employees receive eight hours of pay for each of the holidays: Regular part -time employees and police personnel receive a pro -rata share based upon the usual number of hours worked per regular daily shift hours for each holiday. UNPAID HOLIDAYS Employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. New Year' s Day January 1st Martin Luther King' s Birthday 3rd Monday in January President' s Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Veteran' s Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Friday after Thanksgiving Christmas Day December 25 One " Floating' Holiday Date selected by employee City of Yelm STAFF REPORT To: Mayor J.W. Foster Yelm City Council From: Joseph Wolfe, Finance Director Date: September 26, 2018 for October 23, 2018 Meeting Subj: Setting Ad Valorem Property Tax for 2018 Recommendation Motion to adopt Ordinance No. 1049 setting the amount fixed as Ad Valorem for the regular levy of property tax necessary to raise revenues for essential expenditures for the City of Yelm for the fiscal year 2019. Background Pursuant to RCW 35.33.135, Council must approve an ordinance to fix and authorize the Thurston County Assessor’s Office to levy ad valorem taxes necessary to fund the City of Yelm’s 2019-2020 Biennial Budget. An ad valorem tax (Latin for "according to value") is defined as a tax based on the value of real esta te or personal property. An ad valorem tax is typically imposed at the time of a transaction(s) (a sales tax or value -added tax (VAT)), but it may be imposed on an annual basis (real or personal property tax) or in connection with another significant event (i.e. inheritance tax). This ordinance will set the rate for fiscal year 2019. Staff currently estimates the 2019 real and personal property tax levy as $1.4 87 million, which includes a preliminary estimate of $36,142 in property tax revenue from new construction. The estimate of property tax from new construction will be updated based on the final new construction valuation provided by the Assessor’s Office. The estimate of property tax revenue does not include the change in value of state -assessed utility property. Both of these amounts will be finalized in December 2018. Current Situation Cities with a population of less than 10,000 can increase their levy amount by one percent without a vote (highest lawful levy calculation). The City of Yelm is held by the statutory dollar rate which is $3.60 minus the Fire District at $1.50, minus the Library District at approximately $0.382151, leaving a new levy rate at approximately $1.70 per $1,000 of assessed valuation (statutory rate limit x assessed value per $1,000). 9/27/2017 Res Page 1 of 1 Ord 1049, 2018 Page 1 of 2 CITY OF YELM ORDINANCE NO. 1049 (RCW 84.55.120) AN ORDINANCE OF THE CITY OF YELM SETTING THE AMOUNT FIXED AS AD VALOREM FOR THE REGULAR LEVY OF PROPERTY TAX NECESSARY TO RAISE REVENUES FOR ESSENTIAL EXPENDITURES FOR THE CITY OF YELM FOR THE FISCAL YEAR 2019. WHEREAS, the City Council of the City of Yelm met and considered its budget for the 2019-2020 Budget; and WHEREAS, a duly advertised public hearing to consider the 2018 regular property tax levy rate was held as part of the regular city council meeting on Tuesday, October 23, 2018; WHEREAS, the population of this is district is less than 10,000; NOW THEREFORE, the City Council of the City of Yelm do ordain as follows: Section 1. The Yelm City Council has determined that the City of Yelm, in order to discharge the expected expenses and obligations of the city, requires a regular levy in the amount of $1,487,138.93 and an additionally levy for the administrative refund of $22,075.54 as certified by the Thurston County Treasurer’s Office. This amount is derived using the state-assessed property values, amounts resulting from the addition of new construction and improvements to property as authorized by law. Section 2. As required by RCW 84.55.120 to report, The City of Yelm actual levy amount from the previous year was $1,435,124.83. The dollar amount of the increase over the actual levy amount from the previous year shall be $15,013.18, which is a percentage increase of 2.78%. This increase is exclusive of additional revenue resulting from new construction, improvements to property, any increase in the value of state assessed property and any annexations that have occurred. Section 3. A Levy Certification is filed with the County Legislative Authority, separate from this ordinance. As required by RCW 84.52.020, that filing certifies the total amount to be levied by the regular property tax levy on the Department of Revenue provided form for this purpose, REV 64 0100, “Levy Certification”. Certification is made in a manner prescribed by the County Legislative Authority. Section 4. Effective Date: This ordinance shall become effective five days following passage, approval and publication as provided by law. Ord 1049, 2018 Page 2 of 2 Section 5. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance. ADOPTED this 13th day of November 2018. _____________________________ _______________________ JW Foster, Mayor Tad Stillwell Councilmember ____________________________ _______________________ EJ Curry Tracey Wood Councilmember Councilmember ____________________________ _______________________ Molly Carmody Joe DePinto Councilmember Councilmember ____________________________ _______________________ Cody Colt Terry Kaminski Councilmember Councilmember Authenticated: __________________________ Lori Mossman, City Clerk PASSED AND APPROVED; November 13, 2018 PUBLISHED: Nisqually Valley News, October 6, 2018. CITY OF YELM PUBLIC HEARING REVENUE SOURCES AD VALOREM TAX RATE BUDGET YEAR 2019 The City of Yelm has scheduled a Public Hearing to receive comment on the Revenue Sources for the 2019-2020 Budget, as part of the Tuesday, October 23, 2018 City Council meeting. The Public Hearing will consider Property Tax Rates (Ad Valorem) for collection in 2019. The meeting will be held at the Yelm Public Safety Building, 206 McKenzie Ave. For additional information, please contact Lori Mossman, (360) 458-8402. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability in need of accommodations to conduct business or to participate in government processes or activities, please contact Lori Mossman at (360) 458-8402 at least 5 working days prior to the scheduled event. Lori Mossman, City Clerk Published: Nisqually Valley News, October 19, 2018 PLEASE DO NOT PUBLISH BELOW THIS LINE Distribution: City Council Packets: Mayor: JW Foster Councilmembers: EJ Curry Molly Carmody Cody Colt Tad Stillwell Tracey Wood Joe DePinto Terry Kaminski Newspaper of Record Nisqually Valley News Posted Yelm City Hall Yelm Timberland Library CITY OF YELM RESOLUTION NO. 595 HOMELESSNESS TASK FORCE WHEREAS, the City of Yelm acknowledges that homelessness is a significant societal concern; WHEREAS, the City of Yelm has identified increasing numbers of homeless citizens on its streets, in its public spaces, and on City-owned property; WHEREAS, the City of Yelm wishes to be proactive in addressing these concerns moving forward, rather than reactive; and WHEREAS, the City of Yelm desires to create a Homeless Task Force as an ad hoc adviso ry body to the Yelm City Council; THEREFORE, BE IT RESOLVED, the City of Yelm establishes a Homeless Task Force to identify and analyze existing resources for the homeless, to identify overlaps or gaps in existing services, and to identify areas in which the City may use its resources to coordinate services for the homeless population of the City of Yelm. The Task Force shall be composed of representatives from the following stakeholder groups: a) City Council (1 member) b) City Staff (1 member) c) Medical profession (1 member) d) Medical profession specializing in addiction and mental health issues (1 member) e) Non-profit organizations which provide services to the homeless (2 members) f) Citizen-at-large, appointed by the Mayor, after interview with the aforementioned representatives. This citizen must live within the Urban Growth Area of Yelm. The Task Force shall produce a final report to the Council no later than 12 months after the date of its first meeting, which shall occur within 1 month of the signing of this resolution. The final report shall include the following analyses and recommendations:  A comprehensive list of services currently provided to Yelm’s homeless community by federal, state, and local governments, as well as those services provided by non-profit organizations.  An analysis of existing services, focusing on overlaps and gaps in service.  Review of neighboring municipalities’ code language and ordinances regarding homelessness.  Analysis of Thurston Homeless Housing Task Force (or the designated body) and its five- year homeless housing plan, per RCW 43.185C.160.  Recommendations on how to close current service gaps and reduce service overlaps.  Recommendations for the City on how to coordinate or create services, programs, or facilities for the homeless community. The Yelm City Council appropriates $2500 to provide adequate resources to support the research and analysis and final report that will be produced by the Task Force. APPROVED this 13th day of November 2018. __________________________ JW Foster, Mayor ATTEST: __________________________ Lori Mossman, City Clerk