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10 11 2016 Updated Agenda Packet AGENDA YELM CITY COUNCIL MEETING TUESDAY, OCTOBER 11, 2016 6:00 P.M. Website Viewing: Clicking on agenda items will open associated d resolutions, ordinances, etc. Note: some agenda items may not have attachments. Call to Order 1. Roll Call 2. Agenda Approval ACTION 3. Special Presentations- 4. Yelm Rotary/City of Yelm Student of the Month Chris Saelens Public Comment 5. the meeting recorder. Comment topics should not appear elsewhere on agenda. Time (three minutes per speaker) and the number of speak are limited and may be adjusted to meet agenda requirements. Consent Agenda ACTION 6. Minutes; Regular Meetings September 27, 2016 a. Payables; Checks #67693 - #67774 Totaling $579,647.57 b. Public Hearing 7. -none scheduled New Business- 8. Consideration of Applications for Council Position #3 Vacancy ACTION a. Public Comment-Candidates allowed 3 minutes each to address Council Executive Session b. 15 Council will go into a 15 minute Executive Session to evaluate qualifications min for appointment to elective office, Position #3 (RCW 42.30.110 ( Appointment to fill Council Position #3 unexpired term ACTION c. Oath of Office for Council Position #3 Legislative Services Contract with Gjurasic Public Affairs ACTION d. Presenter: Grant Beck, Community Development Director Attachments: Staff Report, Contract Old Business 9. none scheduled Council and Mayor 10. Councilmember Curry represents Yelm on the following committees. Thurston County Solid Waste Yelm Adult Community Center Advisory Committee (SWAC) Public Safety Liaison Finance Department Liaison Authority Liaison Councilmember Carmody represents Yelm on the following committees. Intercity Transit Board Community Investment Partnership (CIP) Community Development Department Liaison Finance Department Liaison Councilmember Position #3 Vacant represents Yelm on the following committees. Councilmember Stillwell represents Yelm on the following committees. Thurston County EDC Board Finance Department Liaison Public Safety Liaison Councilmember Wood represents Yelm on the following committees. (TRPC) Transportation Policy Public Works Liaison Board TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees. South Thurston Economic Thurston County Law and Development Initiative (STEDI) Justice Community Development Public Safety Liaison Department Liaison Councilmember Hendrickson represents Yelm on the following committees. Medic One Yelm Emergency Operations Board Public Works Liaison Mayor Foster represents Yelm on the following committees. Yelm Economic Development Yelm Finance Committee Committee Yelm Emergency Operations Board Nisqually River Council Yelm Transportation Committee Thurston Regional Planning Council (TRPC) Executive Session- 11. Council will go into a 15 minute Executive Session to 15 min discuss potential litigation (RCW 42.30.110 (1)(i)). Steve DeJulio will be present by phone. Correspondence (Correspondence is available upon request) 12. Thurston County Auditor New Release-Voter Registration Deadlines Thurston County Auditor News Advisory-Opening Ceremony for the South County Licensing Agency Yelm Area Chamber of Commerce Enewsletter for October 2016 Thurston County Auditor News Release-Extended Hours in Elections Division as Voter Registration Deadline Approaches Adjourn 13. Upcoming Meetings Regular City Council Meeting, Tuesday, October 25, 2016, 6:00 pm, Public Safety Building Council Study Session, Wednesday, October 26, 2016, 5:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, November 8, 2016, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5. required. For information about obtaining a copy of the proceedings, please call 360.458.8437. Public comments are welcome. However, in order to proceed with s allowable time per speaker is limited to 3 minutes and the numbe Comments during the public comment portion of the meeting should not be associated w measures or topics appearing elsewhere on the agenda and should public hearings have been conducted or are anticipated. ide reasonable accommodations for people with disabilities. If you are a person with a disability and in need of reasonable business or participate in government processes or activities, please contact Lori Mossman, at 360.458.8437 at least four (4) working days prior to the scheduled event. The equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are availabl www.ci.yelm.wa.us. Agenda Item 6. a. Minutes Page 1 of 3 YELM CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 27, 2016 MINUTES 1. Mayor Foster called the meeting to order at 6:00 pm. 2. Roll Call Present: EJ Curry, Molly Carmody, Tad Stillwell and Joe DePinto 16-112 MOTION BY MOLLY CARMODY EXCUSING COUNCILMEMBERS HENDRICKSON AND WOOD FROM THE MEETING. SECONDED BY EJ CURRY. MOTION CARRIED. 3. Agenda Approval 16-113 MOTION BY TAD STILLWELL TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY JOE DEPINTO. MOTION CARRIED. 4. Special Notices- Public Notice-Study Session Cancelled for September 28, 2016 Public Notice-Study Session October 5, 2016 Public Notice-City Council Position #3 Vacancy Mayor Foster explained that Council Position #3 would be posted and then reviewed by Council at the October 11, 2016 Council mee Candidates will be expected to attend that meeting and briefly a Council will then go into an Executive Session to discuss the qu applicants. Then Council will appoint a new member in the open m 5. Public Comment-no comments 6. Consent Agenda Minutes Regular Meeting September 13, 2016 Payables Checks #67607 - #67692 Totaling $550,196.65. 16-114 MOTION BY MOLLY CARMODY APPROVING THE CONSENT AGENDA AS PRESENTED. SECONDED BY TAD STILLWELL. MOTION CARRIED. 7. Public Hearing none scheduled 8. New Business none scheduled 9. Old Business none scheduled 10. Mayor and Council Initiatives Councilmember Curry attended the Yelm Adult Community Center and reported they are doing fine and would like to invite anyone to attend an Councilmember Carmody the Intercity Transit Board had a meeting with the Citizens Advisory Committee and a planning session. Everything i smoothly. The Community Investment Partnership (CIP) is working streamline the way they accept proposals for grants. Councilmember DePinto attended a presentation at the South Thurston Economic Development Initiative meeting. Councilmember DePinto a the Town of B-o-ocoda would be having their annual Haunted House 9-27-16 Agenda Item 6. a. Minutes Page 2 of 3 October. They temporarily renamed the Town to get into the theme everyone to attend. Councilmember DePinto was also invited to at to see how it operates and the staff that operates it. Mayor Foster thanked Council for volunteering to be on the committees to further the communications between Council and the departments of the Ci Foster has assigned the following to departments- Public Works- Hendrickson and Wood Police Department- Stillwell and Curry Community Development Department- Carmody and DePinto Finance Department- Curry, Carmody and Stillwell In addition, represent on the following Committees and Boards. Councilmember Curry has volunteered to be on the Thurston County Solid Waste Advisory Committee (SWAC) and the Yelm Adult Community Center. Councilmember Carmody is on the Intercity Transit Board and the Community Investment Partnership (CIP). Councilmember Hendrickson is on Thurston County EMS-Medic One and the Yelm Emergency Operations Board. Councilmember Stillwell is on Thurston County Economic Development Council. Councilmember Wood is on TComm 911 Admin Board and the Thurston Regional Planning Transportation Committee. Councilmember DePinto is on the Thurston County Law and Justice Committee and the South Thurston Economic Development Initiative (STEDI) g Mayor Foster reported he has been very busy in the office the l He also attended the Thurston County Chamber meeting. It was a forum. Mayor Foster also attended the Nisqually River Council me held at the Yelm Community Center. The meeting went well and eve attended was very impressed with the new Community Center. Mayorer attended the Council Retreat; Thurston Thrives Directors meeting Watershed Festival held at the Billy Franks Jr. National Wildlif Economic Development Committee Workgroup Overview; worked within departments for budget preparations; worked with the Prothman Co repost the City Administrators position and other things. We hav Building Official to replace Gary Carlson who retired. His name has been continued success with the Yelm Police Departments Face Chief Stancil stated it has reached about 50,000 people. It has This is Janine Schnepf last City Council meeting due to her retirement and thanked her for her years of service with Yelm. Janine stated it has bee City Clerk/HR Manager. meeting as well. His contract with Prothman expires at the end o he will be returning to his retirement. Mayor Foster thanked Bil beyond the expectations of the initial contract and being helpfu department and Councilmember. Bill Brandon stated that it has be When you come in to an interim position, you do not know what to exceeded his expectations. It has been wonderful working with ea the department heads and staff. Yelm is a great community with g great place to live. Congratulations to you for having a great C announced with great pleasure that Lori Mossman, Deputy City Cle ion as of October 1. She will be working closely with Janine for the fi 9-27-16 Agenda Item 6. a. Minutes Page 3 of 3 11. Executive Session no additional session scheduled 12. Correspondence included Thurston County Auditor News Release dated September 15, 2016- License and Recording Division will be closed on Columbus Day, O Thurston Regional Planning Council Pre-Agenda Friday, October 7, Thurston County Auditor New Release-Ballots mailed to more than and Overseas Voters. 16-115 MOTION BY MOLLY CARMODY TO ADJOURN, SECONDED BY TAD STILLWELL. MOTION CARRIED. 13. Adjourned at 6:15 pm. ___________________________ Attest: _________________________ JW Foster, Mayor Lori Mossman, C 9-27-16 Agenda Item 6.b. VOUCHER APPROVAL FORM The following is a list of checks approved for payment at Tuesday, October 11, 2016 council Payroll Direct Deposit-Employee 9999999999$139,789.98 Payroll Checks-Employee 6769367699$9,781.14 Payroll A/P Checks 6770067707$6,362.14 Payroll A/P EFT & Drafts 9999999999$168,133.20 A/P Checks/Voucher 2016 6770867758$233,125.17 A/P Voucher EFT & Drafts 9999999999$20,980.51 Utility Refunds6775967774$1,475.43 TOTAL$579,647.57 ____________________________ /_______________________________/________________________________ Mayor Councilmember Councilmember ____________________________/________________________________/________________________________ Councilmember Councilmember Councilmember ____________________________/_______________________________ Council member Councilmember ATTEST:_____________________________ CITY CLERK:_______________________________________ The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for payment passed on a motion by______________________________________________at a regular council meeting held this 11th day of October 2016 1 of 14 Agenda Item 8. d. Legislative Services Contract Page 1 of 20 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Grant Beck, Community Development Director Date:September 29 (for October 11 City Council Meeting) Subj:Legislative Services Contract Recommendation Authorize Mayor Foster to enter into a consultant agreement with Kathleen Collin Gjurasic to provide lobbying services on issues of benefit to th upcoming Legislative session. Background The City of Yelm has engaged the services of Kathleen Collins of Capitol Strategies Consulting and Davor Gjurasic of Gjurasic Public Affairs since 2005 to supp The efforts of Ms. Collins and Mr. Gjurasic have helped move ini forward in the legislature, including initial funding for the SR, funding for restrooms at Longmire Park, and funding for the Yelm Community C The compensation in the agreement is the same as in previous yea expenses. The total amount of the contract will be $28,000, reflecting a regul session. If a special session or sessions are required, the agr the services provided at the same monthly amount. Priorities for the upcoming session, as proposed by Mayor Foster and reviewed by the City Council at its retreat held September 17 include: Protect funding for completion of the SR 510 Yelm Loop. Work to move construction funding up for the SR 510 Yelm Loop. Protect funding for the Transportation Policy Board, Safe Routes to Schools, and Freig Mobility Seek to secure funding for capital projects identified by the Ma Agenda Item 8. d. Legislative Services Contract Page 2 of 20 In addition, the City's consultants will coordinate efforts with Sound Military and Community Partnership to support the many iss this important regional partner. Current Situation The City Council should consider authorizing Mayor Foster to ent Lobbying serviceswith Kathleen Collins and Davor Gjurasic. Agenda Item 8. d. Legislative Services Contract Page 3 of 20 CONSULTANT AGREEMENT Consultants: Kathleen CollinsDavor Gjurasic Capitol StrategiesConsultingGjurasic Public Affairs 3905 Lakehills Drive SE P.O. Box 12297 Olympia, WA 98501 Olympia, WA 98508-2297 (360) 352-2458 (360) 561-1923 (360) 352-2479 (FAX) Project Description: Lobbying services on issues of benefit to the City of Yelm as fu described in Exhibit A. Agreement Date: October 1, 2016 through April 30, 2017, with extension on a month-by-month basis in the event of a special session. Maximum Amount Payable: $28,000 ($4,000 per month divided equally) plus combined expenses not to exceed $2,000. THIS Agreement made and entered into at Yelm, Washington, this ____day of October, 2016, by and between the City of Yelm, hereinafter called YELM, and Capitol Strategies and Gjurasic Public Affairs, consulting contractors duly authorized to perfor State of Washington, hereinafter called CONSULTANTS. WITNESSETH THAT: WHEREAS, YELM desires to have certain services and/or tasks performed as set forth below requiring specialized skills and other supportive capabili Agenda Item 8. d. Legislative Services Contract Page 4 of 20 WHEREAS, CONSULTANTS represents that CONSULTANTS are qualified and possess sufficient skills and the necessary capabilities, including tech where required, to perform the services and/or tasks set forth i Now, therefore, in consideration of the terms, conditions, coven contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES CONSULTANTS shall perform such services and accomplish such tasks, including furnishing of all materials and equipment necessary, as are desi CONSULTANTSresponsibilities throughout this Agreement and as described in Et A, attached and incorporated herein. 2. TERM The Project shall begin October 1, 2016 and shall be completed no later than April 30, 2017. However, in the event of a special legislative session, the Agre extended on a month-by-month basis until the end of session. 3. COMPENSATION AND METHOD OF PAYMENT Payments for services provided shall be made following the perfo services, unless otherwise permitted by law and approved in writPayment shall be at the rate of $2,000 per month to Capitol Strategies Consulting and $2,000 per month to Gjurasic Public Affairs, plus expenses not to exceed a combined total of $2,000. No payment shall be made for anyservice rendered by CONSULTANTS except for services identified and set forth in this Agreement, including Exhibit A. Expenses include long distance, cellular telephone, fax, copies, and travel. Mileage will be paid at the most current adopted Ci detailed on the invoice. Invoices will be submitted by each Consultant atthe end of each month. Agenda Item 8. d. Legislative Services Contract Page 5 of 20 4.INDEPENDENT AGREEMENT OR RELATIONSHIP A. The parties intend that an independent contractor relationship w this Agreement. YELM is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services wil the discretion of CONSULTANT. No agent, employee, servant or re of CONSULTANT shall be deemed to be an employee, servant or repr of YELM for any purpose, and the employees of CONSULTANT are not en any of the benefits YELM provides for its employees except as ot expressly provided herein. CONSULTANT will be solely and entire for its act and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. B. In the performance of the services herein contemplated CONSULTAN independent contractor with the authority to control and direct formance of the details of the work, however, the result of the work cont must meet the approval of YELM and shall be subject to YELMs ge inspection and review to secure the satisfactory completion ther C. Throughout the span of this agreement, CONSULTANT shall comply will all rules and regulations as promulgated by the Washington State Public Di Commission relating to lobbying. 5. INDEMNIFICATION OF YELM CONSULTANTS shall protect, defend, hold harmless and indemnify YELM against liability or loss, and against all claims or actions based upon injury (including death) to persons or property caused by or sus with CONSULTANT's negligent performance of this Agreement or by thereby, or based upon violation of any code or regulation, and claim or actions. Agenda Item 8. d. Legislative Services Contract Page 6 of 20 CONSULTANTS shall also indemnify YELM against all liability and loss in connction with, and shall assume full responsibility for, payment of all federal contributions imposed or required under unemployment insurance, compensation, social security and income tax laws, for CONSULTANS and any employees or volunteers of CONSULTANTS. 6. ASSIGNMENT/SUBCONTRACTING CONSULTANTS shall not assign its rights and duties under any portion of this without the written consent of the City Administrator. Consent writing by CONSULTANTS not less than fifteen days prior to the date of any proposed assignment. 7. MAINTENANCE AND INSPECTION OF RECORDS A. CONSULTANTS shall maintain books, records and documents, which sufficiently and properly reflect all work related to the performance of the Agreement. In addition, CONSULTANTS shall maintain all accounting records in a form necessary to assure proper accounting of all funds paid pursuant Agreement. All of the above shall be subject at all reasonable inspection, review, or audit by YELM, its authorized representative, the State Auditor, or other governmental officials authorized by law to mo Agreement. B. CONSULTANTS shall retain all books, records, documents and other material relevant to this Agreement for six (6) years after its expiratioS agree that YELM or its designee shall have full access and right to ex said materials at all reasonable times during said period. 8.EXTRA WORK A. YELM may at any time, by written order, make changes within the general scope of the Agreement in the services to be performed. Agenda Item 8. d. Legislative Services Contract Page 7 of 20 B.If any such change causes an increase or decrease in the estimat the time required for performance of any part of the work under Agreement, whether or not changed by the order, or otherwise aff terms and conditions of the Agreement, YELM shall make an equita adjustment in the (1) maximum amount payable; (2) delivery or co schedule, or both; and (3) other affected terms and shall modifygreement accordingly. C. CONSULTANTS must submit a request for equitable adjustment or claim under this clause within 30 days from the date of receipt of the written order. D. The maximum amount payable for this Agreement shall not be incre considered to be increased except by specific written supplement to Agreement. 9. OTHER PROVISIONS YELM Mayor, JW Foster, will be the primary contact along with any other parties he designates. CONSULTANTS agree to protect the confidentiality of all information provided, in w or orally, by YELM deemed to be confidential. 10. TERMINATION A. Termination for Convenience. YELM may terminate this Agreement, in whole or in part, at any time, by at least thirty (30) days written notice to CONSULTANTS. CONSULTANTS shall be paid for work performed and expenses incurred to the date of termination. Within 30 days, CONSULTANTS shall submit a termination claim to YELM. If CONSULTANTS has any property in its possession belonging to YELM, CONSULTANTS will account for the same, and dispose of it in the manner directed by YELM. B. Termination for Cause. If CONSULTANTS fail to perform in the manner called for in this Agreement, or if CONSULTANTS fail to comply with any other provisions of Agenda Item 8. d. Legislative Services Contract Page 8 of 20 the Agreement and fails to correct such noncompliance within fiv written notice thereof, YELM may terminate this Agreement for ca Termination shall be effected by serving a notice of termination CONSULTANTS setting forth the manner in which CONSULTANTS is in default. CONSULTANTS will only be paid for services performed while licensed and in accordance with the manner of performance set forth in this Agre 11. DISCLOSURE REQUIREMENTS CONSULTANTS shall notify YELM in writing as to any employment agreements bet the Contractor and third parties the subject of which relates to of work of this Agreement. This disclosure shall extend to empl between any of the employees or agents of CONSULTANTS and third parties which relate to, or touch upon, the scope of work of this project. Th disclosure shall include the nature of the work performed, and t performed, and shall continue throughout the term of this Agreem the right to terminate this Agreement for cause as described in its sole discretion, determines that the Agreement between CONSUS, or his agents/employees, and a third party presents a conflict of inter potential conflicts will be a public document. 12. MEDIATION The parties shall attempt to resolve any controversies or disput relating to this Agreement through a good faith attempt at mediation. Each party will pay its own attorneys fees and costs. 13. ARBITRATION A. Any controversy or claim arising out of or relating to this Agre resolved through mediation shall be resolved by final and binding arbitration. Demand for arbitration shall be made in writing to the other par arbitration shall be held in Thurston County before a single arb the Agreement of the parties. If the parties cannot agree upon Agenda Item 8. d. Legislative Services Contract Page 9 of 20 within fifteen (15) days after the demand for arbitration is made, the arbitrator shall be selected by a judge in the Superior Court of Thurston C accordance with the procedures set out in RCW 7.04.050. B. Unless the parties agree otherwise in writing, the arbitration hearing shall occur no later than sixty days after the date the arbitrator is appoin C. The parties agree that in the absence of fraud by one of the par arbitrator, the arbitrators decision shall be binding, final an any court of law. D. Each party shall pay its own costs of arbitration including atto arbitrators fee and any administrative expenses imposed by the be shared equally by the parties. E. This Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance. 14. WAIVER The waiver by, or the failure to take action with respect to, br covenant or condition of the Agreement shall not be deemed to be term, covenant or condition on any subsequent breach. All remedies Agreement shall be taken as cumulative; that is, in addition to provided herein or by law. 15. SEVERABILITY It is understood and agreed by the parties that if any term or provision of this Agreement is held by any court to be illegal or in conflict with Washington, the validity of the remaining portions shall not be and obligations of the parties shall be construed and enforces a not contain the particular term, part or provision held to be in Agenda Item 8. d. Legislative Services Contract Page 10 of 20 16. ENTIRE AGREEMENT This instrument contains the entire Agreement between the partie promises, or inducements made by any party or agent of that party that isnot contained in this Agreement shall not be valid or binding. This Agreement modified, or altered except in writing signed by all parties. 17. NOTICE Notice provided for in this Agreement shall be sent by certified mail to the addresses designated for the parties on the first page of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreemen date written above. Capitol Strategies Consulting Gjurasic Public Affairs _______________/______________ ______________/_______________ Kathleen Collins Date Davor Gjurasic Date City of Yelm ___________________/__________ JW Foster, Mayor Date Agenda Item 8. d. Legislative Services Contract Page 11 of 20 Exhibit A Scope of Work Legislative Services Proposal for the City of Yelm Term: October 1, 2016through April 30, 2017, with extension on a month-by-month basis in the event of a special session. Compensation: $ 28,000($4,000 per month divided equally) plus combined expense Issues: Protect funding for the completion of the SR 510 Yelm Loop, $58. Work to move up funding for the SR 510 Yelm Loop: Current funding projections are for the $58.5M to be spread out - 2021-$4.6M, 2021-2023-$20.9M &2023-2025-$33M We would prefer it to be $4.6M in 2017-2019 and the remaining $53.9M in 2019-2021 Protect funding for TIB, Safe Routes to Schools, Freight Mobility (FMS1B) Work with Yelm to identify capital projects for funding and seek projects. Scope of Work: Preparation: Work with Yelm staff to identify project details and timeline focompleting the Loop project o Develop description of benefits for the projects listed above, w o Identify supporters of the projects and assist in contacting the o Develop a message piece for use during Legislative session and work with Yelm staff to o develop visual aids nd Submit information on desired capital projects to 2 district legislators o Set up meetings with: Transportation committee chairs and ranking minorities, district o legislators who can assist with the projects Economic development committee chairs and ranking minorities, di o other legislators who can assist with the projects Transportation and economic development committee staffs o WSDOT leadership o Governors staff o Other entities or individuals who would be of assistance on tran o nd Set up meetings with 2 district legislators on transportation and capital budget issues o Legislative strategy: Develop a separate legislative strategy for each issue o Reporting: th Provide a summary of monthly lobbying efforts no later than the of the following month o Provide a session summary of lobbying efforts no later than 30 d o legislative session Agenda Item 8. d. Legislative Services Contract Page 12 of 20 CONSULTANT AGREEMENT Consultants: Kathleen CollinsDavor Gjurasic Capitol StrategiesConsulting Gjurasic Public Affairs 3905 Lakehills Drive SE P.O. Box 12297 Olympia, WA 98501 Olympia, WA 98508-2297 (360) 352-2458 (360) 561-1923 (360) 352-2479 (FAX) Project Description: Lobbying services on issues of benefit to the City of Yelm as fu described in Exhibit A. AgreementDate: October 1, 2016 through April 30, 2017, with extension on a month-by-month basis in the event of a special session. Maximum Amount Payable: $28,000 ($4,000 per month divided equally) plus combined expenses not to exce $2,000. THIS Agreement made and entered into at Yelm, Washington, this ____day of October, 2016, by and between the City of Yelm, hereinafter called YELM, and Capitol Strategies and Gjurasic Public Affairs, consulting contractors duly authorized to perfor State of Washington, hereinafter called CONSULTANTS. WITNESSETH THAT: WHEREAS, YELM desires to have certain services and/or tasks performed as set forth below requiring specialized skills and other supportive capabili Agenda Item 8. d. Legislative Services Contract Page 13 of 20 WHEREAS, CONSULTANTS represents that CONSULTANTS are qualified and possess sufficient skills and the necessary capabilities, including techal and professional expertise, where required, to perform the services and/or tasks set forth i Now, therefore, in consideration of the terms, conditions, coven contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES CONSULTANTS shall perform such services and accomplish such tasks, including furnishing of all materials and equipment necessary, as are desi CONSULTANTS responsibilities throughout this Agreement and as described in Et A, attached and incorporated herein. 2. TERM The Projectshall begin October 1, 2016 and shall be completed no later than April 30, 2017. However, in the event of a special legislative session, the Agre extended on a month-by-month basis until the end of session. 3. COMPENSATION AND METHOD OF PAYMENT Payments for services provided shall be made following the perfo services, unless otherwise permitted by law and approved in writPayment shall be at the rate of $2,000 per month to Capitol Strategies Consulting and $2,000 per month to Gjurasic Public Affairs, plus expenses not to exceed a $2,000. No payment shall be made for any service rendered by CONSULTANTS except for services identified and set forth in this Agreement, including Exhibit A. Expenses include long distance, cellular telephone, fax, copies, and travel. Mileage will be paid at the most current adopted Ci detailed on the invoice. Invoices will be submitted by each Consultant at the end of each month. Agenda Item 8. d. Legislative Services Contract Page 14 of 20 4. INDEPENDENT AGREEMENT OR RELATIONSHIP A. The parties intend that an independent contractor relationship w this Agreement. YELM is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services wil the discretion of CONSULTANT. No agent, employee, servant or re of CONSULTANT shall be deemed to be an employee, servant or repr ofYELM for any purpose, and the employees of CONSULTANT are not en any of the benefits YELM provides for its employees except as ot expressly provided herein. CONSULTANT will be solely and entire for its act and for the acts of its agents, employees, servants, representatives during the performance of this Agreement. B. In the performance of the services herein contemplated CONSULTAN independent contractor with the authority to control and direct rformance of the details of the work, however, the result of the work cont must meet the approval of YELM and shall be subject to YELMs ge inspection and review to secure the satisfactory completion ther C. Throughout the span of this agreement, CONSULTANT shall comply will all rules and regulations as promulgated by the Washington State Public Di Commission relating to lobbying. 5. INDEMNIFICATION OF YELM CONSULTANTS shall protect, defend, hold harmless and indemnify YELM against liability or loss, and against all claims or actions based upon injury (including death) to persons or property caused by or sus with CONSULTANT's negligent performance of this Agreement or by thereby, or based upon violation of any code or regulation, and claim or actions. Agenda Item 8. d. Legislative Services Contract Page 15 of 20 CONSULTANTS shall also indemnify YELM against all liability and loss in connction with, and shall assume full responsibility for, payment of all federal contributions imposed or required under unemployment insurance, compensation, social security and income tax laws, for CONSULTANS and any employees or volunteers of CONSULTANTS. 6. ASSIGNMENT/SUBCONTRACTING CONSULTANTS shall not assign its rights and duties under any portion of this without the written consent of the City Administrator. Consent writing by CONSULTANTS not less than fifteen days prior to the date of any proposed assignment. 7. MAINTENANCE AND INSPECTION OF RECORDS A. CONSULTANTS shall maintain books, records and documents, which sufficiently and properly reflect all work related to the performance of the Agreement. In addition, CONSULTANTS shall maintain all accounting records in a form necessary to assure proper accounting of all funds paid pursuant Agreement. All of the above shall be subject at all reasonable inspection, review, or audit by YELM, its authorized representative, the State Auditor, or other governmental officials authorized by law to mo Agreement. B. CONSULTANTS shall retain all books, records, documents and other material relevant to this Agreement for six (6) years after its expiratioS agree that YELM or its designee shall have full access and right to ex said materials at all reasonable times during said period. 8.EXTRA WORK A. YELM may at any time, by written order, make changes within the general scope of the Agreement in the services to be performed. Agenda Item 8. d. Legislative Services Contract Page 16 of 20 B. If any such change causes an increase or decrease in the estimat the time required for performance of any part of the work under Agreement, whether or not changed by the order, or otherwise aff terms and conditions of the Agreement, YELM shall make an equita adjustment in the (1) maximum amount payable; (2) delivery or co schedule, or both; and (3) other affected terms and shall modifygreement accordingly. C. CONSULTANTS must submit a request for equitable adjustment or claim under this clause within 30 days from the date of receipt of the written order. D. The maximum amount payable for this Agreement shall not be incre considered to be increased except by specific written supplement to Agreement. 9. OTHER PROVISIONS YELM Mayor, JW Foster, will be the primary contact along with any other parties he designates. CONSULTANTS agree to protect the confidentiality of all information provided, in w or orally, by YELM deemed to be confidential. 10. TERMINATION Termination for Convenience. YELM may terminate this Agreement, in whole or A. in part, at any time, by at least thirty (30) days written notice to CONSULTANTS. CONSULTANTS shall be paid for work performed and expenses incurred to the date of termination. Within 30 days, CONSULTANTS shall submit a termination claim to YELM. If CONSULTANTS has any property in its possession belonging to YELM, CONSULTANTS will account for the same, and dispose of it in the manner directed by YELM. Termination for Cause. If CONSULTANTS fail to perform in the manner called for B. in this Agreement, or if CONSULTANTS fail to comply with any other provisions of Agenda Item 8. d. Legislative Services Contract Page 17 of 20 the Agreement and fails to correct such noncompliance within fiv written notice thereof, YELM may terminate this Agreement for ca Termination shall be effected by serving a notice of termination on CONSULTANTS setting forth the manner in which CONSULTANTS is in default. CONSULTANTS will only be paid for services performed while licensed and in accordance with the manner of performance set forth in this Agre 11. DISCLOSURE REQUIREMENTS CONSULTANTS shall notify YELM in writing as to any employment agreements bet the Contractor and third parties the subject of which relates to of work of this Agreement. This disclosure shall extend to empl between any of the employees or agents of CONSULTANTS and third parties which relate to, or touch upon, the scope of work of this project. Th disclosure shall include the nature of the work performed, and t performed, and shall continue throughout the term of this Agreement. YELM shall have the right to terminate this Agreement for cause as described in its sole discretion, determines that the Agreement between CONSUS, or his agents/employees, and a third party presents a conflict of inter potential conflicts will be a public document. 12. MEDIATION The parties shall attempt to resolve any controversies or disput relating to this Agreement through a good faith attempt at media pay its own attorneys fees and costs. 13. ARBITRATION A. Any controversy or claim arising out of or relating to this Agre resolved through mediation shall be resolved by final and binding arbitration. Demand for arbitration shall be made in writing to the other par arbitration shall be held in Thurston County before a single arb the Agreement of the parties. If the parties cannot agree upon Agenda Item 8. d. Legislative Services Contract Page 18 of 20 within fifteen (15) days after the demand for arbitration is mad shall be selected by a judge in the Superior Court of Thurston C accordance with the procedures set out in RCW 7.04.050. B. Unless the parties agree otherwise in writing, the arbitration h no later than sixty days after the date the arbitrator is appoin C. The parties agree that in the absence of fraud by one of the par arbitrator, the arbitrators decision shall be binding, final an any court of law. D. Each party shall pay its own costs of arbitration including atto arbitrators fee and any administrative expenses imposed by the be shared equally by the parties. E. This Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance. 14. WAIVER The waiver by, or the failure to take action with respect to, br covenant or condition of the Agreement shall not be deemed to be term, covenant or condition on any subsequent breach. All remedies Agreement shall be taken as cumulative; that is, in addition to provided herein or by law. 15. SEVERABILITY It is understood and agreed by the parties that if any term or p Agreement is held by any court to be illegal or in conflict with Washington, the validity of the remaining portions shall not be and obligations of the parties shall be construed and enforces as if the Agreement did not contain the particular term, part or provision held to be in Agenda Item 8. d. Legislative Services Contract Page 19 of 20 16. ENTIRE AGREEMENT This instrument contains the entire Agreement between the partie promises, or inducements made by any party or agent of that partis not contained in this Agreement shall not be valid or binding. This Agreement modified, or altered except in writing signed by all parties. 17. NOTICE Notice provided for in this Agreement shall be sent by certified designated for the parties on the first page of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date written above. Capitol Strategies ConsultingGjurasic Public Affairs _______________/______________ ______________/_______________ Kathleen Collins Date Davor Gjurasic Date City of Yelm ___________________/__________ JW Foster, Mayor Date Agenda Item 8. d. Legislative Services Contract Page 20 of 20 Exhibit A Scope of Work Legislative Services Proposal for the City of Yelm Term:October 1, 2016through April 30, 2017, with extension on a month-by-month basis in the event of a special session. Compensation: $ 28,000($4,000 per month divided equally) plus combined expense,000. Issues: Protect funding for the completion of the SR 510 Yelm Loop, $58. Work to move up funding for the SR 510 Yelm Loop: Current funding projections are for the $58.5M to be spread out - 2021-$4.6M, 2021-2023-$20.9M &2023-2025-$33M We would prefer it to be $4.6M in 2017-2019 and the remaining $53.9M in 2019-2021 Protect funding for TIB, Safe Routes to Schools, Freight Mobilit Work with Yelm to identify capital projects for funding and seekding for identified projects. Scope of Work: Preparation: Work with Yelm staff to identify project details and timeline fo o Develop description of benefits for the projects listed above, w o Identify supporters of the projects and assist in contacting the o Develop a message piece for use during Legislative session and o develop visual aids nd Submit information on desired capital projects to 2 district legislators o Set up meetings with: Transportation committee chairs and ranking minorities, district o legislators who can assist with the projects Economic development committee chairs and ranking minorities, dilators and any o other legislators who can assist with the projects Transportation and economic development committee staffs o WSDOT leadership o Governors staff o Other entities or individuals who would be of assistance on tran o nd Set up meetingswith 2 district legislators on transportation and capital budget issues o Legislative strategy: Develop a separate legislative strategy for each issue o Reporting: th Provide a summary of monthly lobbying efforts no later than the of the following month o Provide a session summary of lobbying efforts no later than 30 da o legislative session Mary Hall AUDITOR News Release FOR IMMEDIATE RELEASE: Tuesday, October 4, 2016 CONTACT: Mary Hall, Thurston County Auditor, TCAuditor@co.thurston.wa.us Valerie Walston, Voter Outreach Coordinator, WalstoV@co.thurston.wa.us (360) 786-5408 TTY (360) 754-2933 Voter Registration Deadlines for the November 8 General Election Citizens encouraged to register to vote or update their voter registration in order to vote in November OLYMPIA, WA The Thurston County Elections Division announces the following v th for the November 8 General Election: Saturday, October 8, 2016: Last day to mail in a voter registration form and have it postmarked on time Monday, October 10, 2016: Last day to register online at MyVote.wa.gov Last day to update an existing voter registration Monday, October 31, 2016: Last day to register to vote if not currently registered in Wash person. Where to Register to Vote or Update Voter Registrations: In Person / Mail Telephone Online / Email Thurston County Courthouse (360) 786-5408 MyVote.wa.gov 2000 Lakeridge Dr SW, Bldg 1 Rm 118 elections@co.thurston.wa.us Olympia, WA 98502 Monday Friday, 8:00 a.m. 4:30 p.m. This November, there will be plenty of races for voters to vote on not just president and vice presidesaid We encourage citizens to register to vote now and not wait until deadline. - 30 - 9Œ;-·zš“­ .ŒŒš· t©š-;­­z“m /;“·;© Cz““-zŒ {;©Ýz-;­ [z-;“­z“m “7 w;-š©7z“m th 2000 Lakeridge Dr SW, Bldg 1, Rm 118 2905 29 Avenue SW, Ste E & F 929 Lakeridge Dr SW, Rm 226 2000 Lakeridge Dr SW, Bldg 1 Rm 106 Olympia, WA 98502 Tumwater, WA 98512 Olympia, WA 98502 Olympia, WA 98502 Phone: (360) 786-5408 Phone: (360) 786-5408 Phone: (360) 786-5402 Licensing Phone: (360) 786-5406 Fax: (360) 786-5223 Fax: (360) 705-3518 Fax: (360) 357-2481 Recording Phone: (360) 786-5405 Fax: (360) 786-5223 Mary Hall AUDITOR News Advisory FOR IMMEDIATE RELEASE: Thursday, September 29, 2016 CONTACT: Mary Hall, Thurston County Auditor 360-786-5401 orhallm@co.thurston.wa.us Opening Ceremony for the South County Licensing Agency Opening ceremony of an Auditors Office sub-agency set for 8:30 am October 3 OLYMPIA The Thurston County Auditors Office is happy to announce the opof a new licensing sub- agency in south Thurston County. South County Licensing will hol 3, at 8:30am. They will provide high quality licensing services, allowing South County residents to access vehicle and vessel renewals, disabled parking privileges, and title tran WHAT: Opening Ceremonies of South County Licensing WHEN: October 3, 2016, 8:30 a.m. WHERE: 19949 Old Hwy 99 S, Rochester WA, 98579 Licensing services in south Thurston County have been unavailable since April 2016. Thurston County Auditor Mary Hal, who looks forward to reinstating services, states, we are very happy to have a subagency available and accessible for our south county residents. Denise Oster, co-owner of South County Licensing, adds, We are excited to serve the citizens of south Thurston County and become a viable member of the community. Business hours, beginning October 3: Monday  Friday, 9:00 a.m. to 5:30 p.m. Saturday, 9:00 a.m. to 1:30 p.m. For more information about services provided, call (360) 858-7367. -30- Elections Ballot Processing Center Financial Services Licensing and Recording th 2000 Lakeridge Dr SW, Bldg 1, Rm 118 2905 29 Avenue SW, Ste E & F 929 Lakeridge Dr SW, Rm 226 2000 Lakeridge Dr SW, Bldg 1, Rm 106 Olympia, WA 98502 Tumwater, WA 98512 Olympia, WA 98502 Olympia, WA 98502 Phone: (360) 786-5408 Phone: (360) 786-5408 Phone: (360) 786-5402 Licensing Phone: (360) 786-5406 Fax: (360) 786-5223 Fax: (360) 705-3518 Fax: (360) 357-2481 Recording Phone: (360) 786-5405 Fax: (360) 786-5223 : What's Happening at the Yelm Area Chamber of Commerce See what's happening this fall Yelm Area Chamber of Commerce October 2016 What's Happening Upcoming Next Yelm Area Chamber of Commerce Events Forum & Luncheon October 11, 2016 October 11 11:30 am Chamber Forum & Yelm Community Center Luncheon $20 Members $25 Non-members 11:30 am Yelm Community Center This month's Forum Sponsored by October 27 Drive 5:07 Ronelle Funk Insurance Business After Hours 5:07 pm Join us as we host candidates running Bliss Experience, McKenna for Thurston County Commissioner, House of Representatives, and State Senate November 8 Chamber Forum & Luncheon 11:30 am Prairie Hotel November 10 In case you missed it... Best of Nisqually Gala 6 pm Puget Sound Entertainment Center A full crowd showed up to listen to Geoff Lieberman's presentation at the Geoff Lieberman spoke Visit our Events Calendar! forum passionately about making the best Welcome New impression for your Members! business Lori Delong and Stephanie September Kangiser show Membership off their door Renewals prizes Register NOW! Nisqually Valley Home & Garden Show April 29-30, 2017 Join the Yelm Area Chamber of Commerce at the 2017 Nisqually Valley Home & Garden Show. Check out the new lower booth prices, exclusively for Chamber members! Click here for registration form! www.yelmchamber.com Yelm Area Chamber of Commerce | 138 Prairie Park Lane | Yelm, WA Copyright © 2016. All Rights Reserved. Yelm Area Chamber of Commerce, PO Box 444, Yelm, WA 98597 Forward this email | Update Profile | About our service provider Sent by info@yelmchamber.com in collaboration with Try it free today Mary Hall AUDITOR News Release FOR IMMEDIATE RELEASE: Tuesday, October 6, 2016 CONTACT: Mary Hall, Thurston County Auditor, TCAuditor@co.thurston.wa.us (360) 786-5408 TTY (360) 754-2933 Extended Hours in Elections Division as Voter Registration Deadline Approaches th OLYMPIA If you need to register or update an existing registration, you have until October 10, 2016. The th Elections Division will be open on Saturday, October 8 from 10:00 am until 2:00 pm and regular th business hours on Monday, Columbus Day, October 10 from 8:00 am until 4:30 pm. - 30 - 9Œ;-·zš“­ .ŒŒš· t©š-;­­z“m /;“·;© Cz““-zŒ {;©Ýz-;­ [z-;“­z“m “7 w;-š©7z“m th 2000 Lakeridge Dr SW, Bldg 1, Rm 118 2905 29 Avenue SW, Ste E & F 929 Lakeridge Dr SW, Rm 226 2000 Lakeridge Dr SW, Bldg 1 Rm 106 Olympia, WA 98502 Tumwater, WA 98512 Olympia, WA 98502 Olympia, WA 98502 Phone: (360) 786-5408 Phone: (360) 786-5408 Phone: (360) 786-5402 Licensing Phone: (360) 786-5406 Fax: (360) 786-5223 Fax: (360) 705-3518 Fax: (360) 357-2481 Recording Phone: (360) 786-5405 Fax: (360) 786-5223