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08 08 2017 Agenda Packet AGENDA YELM CITY COUNCIL MEETING TUESDAY, AUGUST 8, 2017 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. Public Comment 5. the meeting recorder. Comment topics should not appear elsewhere on the agenda. Time (three minutes per speaker) and the number of speak are limited and may be adjusted to meet agenda requirements. Consent AgendaACTION 6. Minutes; a. Regular meeting July 25, 2017 & Study Session August 1, 2017 Payables; Checks # b. Public Hearing- none scheduled 7. New Business 8. Cullens Road Overlay Bid Award ACTION a. Presenter: Maryanne Zukowski, Public Works Manager Attachments: Staff Report, Contract Deschutes Water Right Mitigation Strategy-Phase 5 ACTION b. Presenter: Chad Bedlington, Public Works Director Attachments: Staff Report, Interlocal Agreement Old Business- none scheduled 9. Department Updates- 10. Council and Mayor- 11. Councilmember Curry represents Yelm on the following committees. Thurston County Solid Waste Yelm Finance Department Advisory Committee (SWAC) Committee Yelm Public Safety Committee Thurston County Fire Authority Liaison Councilmember Carmody represents Yelm on the following committees. Intercity Transit Board Yelm Finance Department Committee Yelm Community & Economic Development Committee Councilmember Littlefield represents Yelm on the following committees. Yelm Community & Economic Development Committee Councilmember Stillwell represents Yelm on the following committees. Thurston County EDC Board Yelm Finance Department Committee Yelm Public Safety Committee Councilmember Wood represents Yelm on the following committees. Thurston Regional Planning Yelm Public Works Committee Transportation Council (TRPC) TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees. Thurston County Law and South Thurston Economic Justice Development Initiative group Yelm Public Safety Committee (STEDI) Yelm Community & Economic Development Committee Councilmember Hendrickson represents Yelm on the following committees. Thurston County EMS-Medic Yelm Emergency Operations OneBoard Yelm Public Works Committee Mayor Foster represents Yelm on the following committees. Yelm Community & Economic Yelm Finance Department Development CommitteeCommittee Yelm Public Works Committee Thurston Regional Planning Yelm Emergency Operations CouncilBoard South Sound Military and Nisqually River Council Community Partnership Community Investment Partnership (CIP) Executive Session- no session scheduled 12. Correspondence 13. (Correspondence is available upon request) Yelm Area Chamber of Commerce Forum & Luncheon August 8, 2017, 11:30 am, Yelm Community Center. Adjourn 14. Upcoming Meetings Regular City Council Meeting, Tuesday, August 22, 2017, 6:00 pm, Public Safety Building Council Study Session, Tuesday, September 5, 2017, 6:00 pm, Public Safet Regular City Council Meeting, Tuesday, September 12, 2017, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5. fee is required. For information about obtaining a copy of the pedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with s items the allowable time per speaker is limited to 3 minutes and limited to five. Comments during the public comment portion of t be associated with measures or topics appearing elsewhere on the ag not address topics for which public hearings have been conducted disabilities. If you are a person with a disability and in need of re accommodations to conduct business or participate in government activities, please contact Lori Mossman, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal opportunity provider an employer. The Preliminary Agenda and Approved Council Minutes are availabl . www.yelmwa.govFor information on the Americans with Disabilities Act and the T Statement, click this link http://www.ci.yelm.wa.us/human-resources/. Agenda Item 6a Minutes Page 1 of 4 YELM CITY COUNCIL REGULAR MEETING TUESDAY, JULY 25, 2017 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:04 pm, due to a r 2. Roll Call Present: EJ Curry, Jennifer Littlefield, Tad Stillwell, Tracey DePinto and Russ Hendrickson. 17-185 MOTION BY RUSS HENDRICKSON TO EXCUSE COUNCILMEMBER MOLLY CARMODY FROM THE MEETING. SECONDED BY TRACEY WOOD. MOTION CARRIED. 3. Agenda Approval 17-186 MOTION BY JENNIFER LITTLEFIELD APPROVING THE AGENDA AS PRESENTED. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. 4. Special Presentations- none scheduled 5. Public Comment- Ashley Larsen, Thurston County resident asked Council to consider adding shaded playground equipment to the Longmire Park and the City Pa Connie Ihringer, Nisqually Pines resident would like the City of Yelm to instal access point to the Nisqually River so that public has access to Pines allows only permitted access to their River Park. James Blair, Yelm resident would like the Council to review the current Sig Code and make changes to allow property owners to put signs on t without a sign permit issued from the City. Leon Collins, Yelm business owner would like a Fire Lane sign installed in t s Bar & Grill. He also stated that the trees in front of his bus are damaging the building. Mr. Collins stated that last Friday e County Fire Department was at the intersection of 507 & 510 gett from people during the busy commute. It is very dangerous and so to get hurt. Joe Baker, Yelm resident would like to see sidewalks installed on Mill Ro that the children walking to and from school will have a safe pl 6. Consent Agenda a. Minutes Regular meeting July 11, 2017 & Study Session minutes July 11, 2017. b. Payables Checks #69345 - #69392 Totaling $368,132.32. c. Cullens Road Pavement Preservation TIB Project No. 3-W-978(003)-1, Construction Management Services. d. Longmire Park Request-Living Water Mega Sports Camp- August 21-25, 2017, 7:30 am 1:00 pm 17-187 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA. SECONDED BY EJ CURRY. MOTION CARRIED. 7-25-17 Agenda Item 6a Minutes Page 2 of 4 7. Public Hearing Resolution No. 580, Parks Plan Update Mayor Foster opened the Public Hearing at 6:21 PM and Tami Merr the Council on the proposed Park Plan Update. No testimony from Foster closed the Public Hearing at 6:24 pm. 8. New Business a. Resolution No. 580, Parks Plan Update 17-188 MOTION MADE BY EJ CURRY TO APPROVE RESOLUTION NO. 580, THE PARKS PLAN UPDATE. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. b. Memorandum of Understanding (MOU) between Yelm Community Schoo and the City of Yelm for the School Resource Officer Program (SR 17-189 MOTION BY TRACEY WOOD TO AUTHORIZE MAYOR FOSTER TO SIGN THE AGREEMENT BETWEEN YELM COMMUNITY SCHOOLS AND THE CITY OF YELM FOR SCHOOL RESOURCE OFFICER SERVICES FOR THE 2017/18 SCHOOL YEAR. SECONDED BY RUSS HENRICKSON. MOTION CARRIED. 9. Old Business none scheduled 10. Department Updates- Michael Grayum updated the Council on the following: The suspect that robbed the ACU inside Walmart on Saturday, July been apprehended. Noah Crocker has accepted a job offer for another City and his l be August 11. The Account payable packets will be coming to the Council for ap little differently than they are now. Information will be presen next Study Session. Utility staff will contact high usage customers in an effort to usage. The Water Reclamation Facility will be back online tomorrow afte been working diligently to correct the problem with producing re water. National Night Out will be Tuesday, August 1, 2017 from 6 pm 8 pm at the Yelm Community Center. That is the same night as Study Sessio Council will take a break from the meeting to attend National Night Out. The STP event at City Park was a huge success. This allowed ride and refuel with water and snacks before continuing the race. UFO Festival starts Friday Jazz Festival will be August 5, 2017 at Yelm City Park and Commu Center. 11. Mayor and Council Initiatives Councilmember Curry attended the Thurston County Solid Waste Advisory Committee meeting, Yelm Adult Community Center meeting, Yelm Pub Committee meeting and the SE Thurston County Fire Authority meet 507 will be at the Yelm Adult Community Center this Thursday eve Councilmember Littlefield attended the Thurston Thrives Steering Committee meeting. 7-25-17 Agenda Item 6a Minutes Page 3 of 4 Councilmember Stillwell attended the Yelm Public Safety Committee meeting. Councilmember Stillwell thanked the City staff for helping in th around the City. Councilmember DePinto attended the South Thurston Economic Development Initiative Group meeting and the Yelm Public Safety Committee me Councilmember DePinto would like the sign code to come to a Stud review and possible Shade covers for playground equipment. Mayor Foster attended the AWC Budget and Finance Workshop, Joint Pac Mountain workforce meeting and a WSDOT workshop. There will be a Hearing on Thursday, July 27 at 5:30 to discuss the Lakeside Asp Dearbrush Meadows Elementary School. 12. Executive Session no session scheduled. 13. Correspondence included 17-190 MOTION BY TRACEY WOOD TO ADJOURN, SECONDED BY JENNIFER LITTLEFIELD. MOTION CARRIED. 14. Adjourned 6:55 pm __________________________ Attest: _________________________ JW Foster, Mayor Lori Mossman, Cit These minutes record the official actions of the Yelm City Counc available on the city website at www.ci.yelm.wa.us. 7-25-17 Agenda Item 6a Minutes Page 4 of 4 YELM CITY COUNCIL STUDY SESSION TUESDAY, AUGUST 1, 2017 6:00 P.M. PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA Mayor Foster called the meeting to order at 6:03 p.m. 2. Present: : Tad Stillwell, Joe DePinto, Tracey Wood, Russ Hendrickson, Jennifer Littlefield, Molly Carmody and EJ Curry. Staff and citizens present: City Administrator Michael Grayum, P Bedlington, Yelm School Superintendent Brian Wharton, Yelm Schoo Hendrickson, Yelm School Career and Technical Director Teri Pabland City Clerk/HR Lori Mossman. Item 3a. Accounts Payable Policy was removed from the agenda and regarding the YMCA coming into Yelm. 3. Discussion Items - a. YMCA Yelm School Superintendent Brian Wharton gave an update on the YMCA coming into Yelm. There had been a social media post about confusing information. b. Stormwater Rates Chad Bedlington explained the rate structures for stormwater and gave the benefits of increasing the stormwater rate. Chad also g rate. The stormwater rate has not been increased since 1999. c. Water/Sewer Rates Chad Bedlington gave a brief update on the status of a proposed rate increase. Rate fee consultants will come to Council and be questions before bringing it to Council for a vote. 4. Mayors Report Mayor Foster stated that the UFO Festival last weekend was well reminded everyone of the upcoming first annual Jazz Festival, Sa9 pm and that the Public Safety Building will be a cooling station Thursday. 5. Council Initiatives Councilmember Carmody stated that small cell broadband stations future and the City needs to update their policies and regulatio broadband stations. Councilmember Carmody would like to see the caught speeding on have sidewalks and shade sails installed in our parks. Councilmember Curry recommends that multiple Public Hearings be increases to stormwater, water and sewer. Councilmember Littlefield would like to address the homeless and inviting other groups that could partner with the City and provi those who need it. Councilmember DePinto reminded Council to leave campaigns and po Council matters. Adjourn 7:40 p.m. ____________________________ Attest: _______________________ JW Foster, Mayor Lori Mossman, City Cle These minutes record the official actions of the Yelm City Counc available on the city website at www.yelmwa.gov. Agenda Item 8a Cullens Road Overlay Bid Award Page 1 of 4 Agenda Item 8a Cullens Road Overlay Bid Award Page 2 of 4 Agenda Item 8a Cullens Road Overlay Bid Award Page 3 of 4 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 1 of 15 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Chad Bedlington, Public Works Director Date: July 27, 2017 (for August 8, 2017 City Council Meeting) Subj: Deschutes Water Right Mitigation Strategy Phase 5 Attach: Interlocal Agreement (Olympia, Lacey, and Yelm) Recommendation Authorize Mayor Foster to Lacey, and Yelm whereby authorizing the Mayor to allow continuat mitigation partici Funding Expense authority for this phase of the project was authorized w Budget. Adequate funds exist in the budget for the Deschutes Wa Strategy Phase 5. This agreement is inclusive of a financial ob approximately $29,000 (one-third of the total fees) to be distri budget period for buffer planting and property management. Background The Deschutes River Habitat Restoration project restores former on 200 acres of property jointly owned by the Cities of Yelm, La property was originally purchased in 2011. Habitat restoration d completed and is currently scheduled to commence in 2018. This project is one of a suite of mitigation projects agreed to of Yelm, Lacey, and Olympia in order to mitigate for groundwater associated with water rights that were awarded to the Cities by Ecology. However, because Yelm's water rights award was reversed State Supreme Court, the City has only committed to support the particular project and maintenance of the jointly owned property efforts to be funded by the City of Yelm, including the construc postponed until the issues surrounding the award of future water Yelm are settled. cey and Olympia have agreed to allow for August 8, 2018 Page 1 of 2 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 2 of 15 the City to participate retroactively in construction costs at a Yelm need to complete beneficial mitigate for future water right Current Situation Design of the habitat restoration project was completed in 2017 t is expected that construction will be completed by late summer of 2018. Within this interlocal agreement, the Cities are agreeing to split the costs evenly three ways for riparian buffer planting, property management, and reimbursement to the City of Olympia fo buffer plantings. The City of Yelm is not committing to financial participation in construction of this mitigation project by approval of this agre within the Interlocal Agreement to allow the City to retroactive construction costs should the City have a future benefit by doin August 8, 2018 Page 2 of 2 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 3 of 15 When recorded return to: City of Olympia PO Box 1967 Olympia, WA 98507-1967 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF OLYMPIA, LACEY AND YELM (THE CITIES) FOR IMPLEMENTING DESCHUTES WATER RIGHTS MITIGATION STRATEGY – PHASE V ______________________ Whereas , RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and Whereas , pursuant to RCW 39.34.080, each party is authorized to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform: provided, that such contract shall be authorized by the governing body of each party to the contract and shall set forth its purposes, powers, rights, objectives and responsibilities of the contracting parties; and Whereas , the Cities have submitted applications for water rights to Washington Department of Ecology (WDOE); and Whereas , in order to secure approvals of those water rights, the Cities have cooperatively developed a mitigation strategy for the Deschutes River that has been accepted by the WDOE; and Whereas , the mitigation strategy includes restoration of 200 acres of farmland jointly purchased by the Cities in the Deschutes River watershed (Deschutes River property). Habitat restoration mitigation actions will take place over several years on the property and include: riparian planting along 1 mile of river frontage, stream channel and wetland restoration, and ongoing land management responsibilities; and Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 1 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 4 of 15 Whereas , by Interlocal Agreement effective November 14, 2007, the Cities completed Phase I of a water rights acquisition strategy by identifying potential water rights for acquisition; and Whereas , by amended Interlocal Agreement effective January 19, 2010, the Cities completed Phase II of a water rights acquisition strategy for mitigation purposes by jointly acquiring water rights and property in the Deschutes River basin and developing a habitat restoration assessment for that property; and Whereas, Olympia’s water rights were issued by WDOE in December 2011 and Lacey’s water rights were issued by May 2012, and Yelm’s water right was approved but appealed in November 2011; and Whereas , through Interlocal Agreement effective August 23, 2012, the Cities completed Phase III of the Deschutes Mitigation Strategy by retiring water rights; fencing the Deschutes River property; developing a 60% design for habitat restoration mitigation actions, project schedule and costs for habitat restoration mitigation actions identified in the cities’ mitigation plans; and contracting for the services of a project manager to coordinate and lead this effort; and Whereas, through a letter of agreement dated October 30, 2014 the City of Olympia planted a 50-foot wide riparian buffer along the Deschutes River on the Deschutes River property; and Whereas, through Interlocal Agreement effective April 27, 2015, the Cities completed Phase IV of the Deschutes Mitigation Strategy by advancing to 100% the design and bid specifications for the habitat enhancement projects that were designed to 60% under Phase III, applying for and obtaining necessary project permits, and hiring consultants to help support this effort and to oversee ongoing property management; and Whereas , on October 8, 2015, WDOE’s approval of Yelm’s water right application was overturned by the Washington State Supreme Court thereby eliminating any immediate benefit Yelm would receive from habitat enhancement mitigation projects but not diminishing Yelm’s interests as a joint owner of the Deschutes River property; and Whereas , the Cities of Olympia and Lacey are required as a condition of their water rights to continue implementation of the Deschutes Mitigation Strategy by constructing habitat restoration projects designed under Phase IV, by completing riparian revegetation projects described in approved mitigation plans, and by hiring consultants to support this effort and to oversee ongoing property management; and Whereas, the Cities may be doing other restoration work on the Deschutes River Farm property not related to this Interlocal Agreement, but through a Memorandum of Understanding (MOU) with the Squaxin Island Tribe signed November 29, 2011. In this MOU the cities have agreed to form the Budd/Deschutes Watershed Environmental Stewardship Coalition and provide additional funding for habitat restoration activities; and Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 2 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 5 of 15 NOW, THEREFORE, in consideration of the mutual promises contained herein, the Cities agree as follows: I. Purpose/Objective The Cities have jointly purchased property on the Deschutes River for the purpose of cooperatively implementing the Deschutes Mitigation strategy that was approved by WDOE. Implementation of that plan is required by water rights issued to the Cities of Olympia (ROEs CS2-SWC8030, CS2-01105, CS2-SWP10191) and Lacey (ROEs G2- 29165, G2-29304, G2-30250, G2-30251, G2-30248, G2-30249). The purpose of this Agreement is to allow the Cities of Olympia and Lacey to continue with implementation of projects identified in their mitigation plans in order to meet conditions of final water rights approval by WDOE, to make provisions for the future participation of the City of Yelm in mitigation plan implementation in the event the City of Yelm receives approval of a water right from WDOE conditioned with mitigation provisions, and to outline the Cities of Olympia, Lacey and Yelm responsibilities as joint owners of the Deschutes River property. II. Scope of Agreement/Work City of Yelm The City of Yelm will not be a party to the construction, monitoring and management of the habitat restoration mitigation actions described in this Agreement. However, Yelm agrees to reimburse Lacey and Olympia for its pro-rata share of the construction, monitoring and management costs as described in Sections IV and V of this Agreement if mitigation credit for these habitat restoration mitigation actions is allowed in the future. As a joint landowner, the City of Yelm agrees to participate in property management and stewardship planning expenses as described in Section IV.c of this Agreement. The City of Yelm agrees that the Cities of Olympia and Lacey will jointly select a consultant, organization, or agency to conduct property management and stewardship activities and enter into a professional service agreement with the selected consultant, organization or agency as described in Section II of this Agreement and that such consultant, organization, or agency selected may perform other habitat restoration mitigation activities for which the City of Yelm has not yet agreed to cost-share. As a joint landowner, the City of Yelm agrees to coordinate with the Cities of Olympia and Lacey on future long term management and stewardship decisions for the Deschutes River property through involvement in a separate agreement following the completion of the habitat restoration mitigation construction work jointly carried out by the Cities of Olympia and Lacey. Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 3 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 6 of 15 The City of Yelm acknowledges that the City of Olympia managed planting of the 50- foot riparian buffer, including payment of all costs, for the mutual benefit of the Cities and agrees to participate in cost sharing of this expense as described in sections IV and V of this Agreement. The Cities of Olympia and Lacey The Cities of Olympia and Lacey will jointly install, construct and monitor habitat restoration mitigation actions as a condition of their water rights. This Agreement provides authority for the City Managers of the Cities of Olympia and Lacey to enter into the necessary agreements to accomplish all tasks necessary for completion of Phase V work. Specific Phase V work to be accomplished under this agreement includes contracting for construction services of habitat restoration mitigation projects, construction project management, riparian and wetland area planting and maintenance through 2020 and property management activities through 2020. The Cities of Olympia and Lacey agree to jointly engage the services of one or more consultants, contractors, organizations, or agencies to assist the Cities in services related to implementation of the Deschutes Mitigation strategy as approved by WDOE. The Cities of Olympia and Lacey will jointly enter into a professional services agreement with one or more consultants, organizations, or agencies agreed upon by the parties for Phase V development and implementation. Work to be included under a professional services agreement may include construction and inspection of restoration projects, riparian monitoring and maintenance, project management, permitting assistance, property management activities, and legal analysis and review services. The Cities of Olympia and Lacey will jointly enter into a construction contract with one or more contractor agreed upon by the parties for Phase V construction of habitat restoration mitigation projects, and riparian buffer and wetland planting, as needed. The Cities of Olympia and Lacey will jointly direct the work of contractors, consultants, organizations, or agencies through a consensus-based decision making process. Firms providing professional services will be chosen through the standard selection process for professional services as required by the laws of the State of Washington and the Cities of Olympia and Lacey will jointly develop and issue the Request for Qualifications (RFQ), including the general scope and nature of the project or work, when required by law for contracted work and will make a unified recommendation for selection of the firm. Construction contracts shall be awarded to the lowest, responsive, qualified bidder. The selection process for professional services shall include one or more project managers or engineers familiar with the municipal public work construction process. In Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 4 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 7 of 15 addition to other criteria as may be agreed to by the Cities of Olympia and Lacey, consultants shall be evaluated on their ability to provide municipal construction support which may include but not be limited to bid award support, inspections, documentation, project management, and submittal review. Once the consultants are selected, the Cities of Olympia and Lacey shall coordinate with the selected consultant(s) to develop any final Scope of Work and Professional Services Agreements amenable to each Party. In recognition that one City will need to approve change orders, make payments, and keep track of insurance, bond and other legal requirements, the firm that is hired will be instructed to use Olympia’s project specifications with the Olympia City Engineer or designee as the approver of change orders, pay estimates and related construction decisions. This agreement also allows the Cities of Olympia and Lacey to coordinate on decision- making related to contract management, consultant communication and dissemination of project information to appropriate staff within their own jurisdiction. The Cities of Olympia and Lacey may also jointly hire legal counsel on issues related to property management and habitat enhancement for the purpose of mitigation and other related topics. Legal advice provided to the Cities of Olympia and Lacey shall be considered attorney client privileged not subject to disclosure. The Cities of Olympia, Lacey and Yelm Within 30 days of receiving approval of a water right, with no appeals filed, from WDOE, conditioned with mitigation provisions, the City of Yelm will inform the Cities of Olympia and Lacey in writing of its desire to participate in construction and monitoring of habitat restoration mitigation activities at the Deschutes River property, including costs. Following receipt of such notice, the Cities of Olympia and Lacey will coordinate project decisions and activities with the City of Yelm consistent with section II of this Agreement, provided that if a construction and/or professional services contract is in place, such a contract(s) will not be amended to include the City of Yelm. As joint land owners, the Cities of Olympia, Lacey and Yelm agree to share in property management and stewardship planning expenses as described in Section IV.c of this Agreement. The City of Yelm agrees that the Cities of Olympia and Lacey will jointly select a consultant, organization, or agency to conduct property management and stewardship activities and enter into a professional service agreement with the selected consultant, organization or agency as described in Section II of this Agreement and that such consultant, organization, or agency selected may perform other habitat restoration mitigation work for which the City of Yelm has not yet agreed to cost-share. The Cities of Olympia and Lacey agree that any final Scope of Work for professional services shall Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 5 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 8 of 15 separate tasks and budgets for property management and stewardship activities from any other tasks to be accomplished under the professional services agreement. The Cities of Olympia, Lacey and Yelm will accomplish future long term management and stewardship (e.g. land conservancy trust) of the property through a separate agreement after habitat restoration construction work is completed. III. Property Access This agreement grants the Cities and their contractors, individually or in collaboration, access to the Deschutes River property to install, construct and monitor habitat restoration mitigation projects outlined in the Deschutes Mitigation Strategy and to perform property management activities. IV. Cost Sharing a. Construction and Monitoring of Habitat Restoration Mitigation Actions i.The Cities of Olympia and Lacey will equally divide costs for construction and monitoring of habitat restoration mitigation actions. Total costs for such services under this agreement are not to exceed $1,235,365 outlined as follows: 1.Wetland Habitat Restoration Construction $ 759,515 2.50- to 200-foot Riparian and Wetland Buffer Planting, Monitoring and Management $ 475,850 ii.In the event the City of Yelm informs the Cities of Olympia and Lacey in writing of its desire to participate in construction and monitoring of habitat restoration ,mitigation actions at the Deschutes River property, the City of Yelm will immediately begin to share equally in the construction and monitoring of habitat restoration mitigation actions costs listed above not yet incurred as of the date of the City of Yelm’s written notice consistent with Section V.a and Section V.c of this Agreement. Expenditures incurred prior to the date of the City of Yelm’s notice will be reimbursed by the City of Yelm to the City of Olympia and the City of Lacey individually as described in Section V.d of this Agreement. b.50’ Riparian Buffer Planting This Phase V Agreement confirms that the City of Olympia managed planting of the 50-foot riparian buffer, including payment of all costs, for the mutual benefit of the Cities. The Cities will equally divide costs for planting of the 50-foot riparian buffer in accordance with the letter of agreement dated October 30, 2014. Total costs to be divided shall not exceed $31,372.22. Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 6 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 9 of 15 c. Property Management Expenses The Cities of Olympia, Lacey and Yelm agree to equally divide costs for property management expenses. Property management work may include the removal of material (ie TV’s, tires) and fences from the property, weed control, installation of new wire fencing, and pasture management through 2020. Prior to authorizing material or fence removal or fence construction, the Cities of Olympia and Lacey agree to consult with the City of Yelm. Total costs for such services under this agreement are not to exceed $133,997 as outlined as follows: Stewardship Planning $73,308 Pasture Management $60,688 d. Future Stewardship and Property Management. Costs for future stewardship and property management work will be established in a future agreement based on monitoring work conducted in this Agreement. Proportionate cost sharing shall be determined at that time. V. Method of Payment a.Professional Services – Habitat Restoration Mitigation Actions i.Consultants will invoice each Olympia and Lacey separately on a monthly basis. ii.Payment will be made separately by each City to the consultants upon receipt of an acceptable invoice, after completion of each task agreed upon in the professional services agreement. b.Professional Services – Property Management Activities i.Consultants will invoice each Olympia, Lacey and Yelm separately on a monthly basis. ii.Payment will be made separately by each City to the consultants upon receipt of an acceptable invoice, after completion of each task agreed upon in the professional services agreement. c.Construction Services i.Olympia will manage the construction contract for the mutual benefit of both itself and the City of Lacey, and will invoice the City of Lacey its half share of costs based on actual contract expenses plus its half share of Olympia’s administrative costs. The invoice will provide a detailed breakdown of costs. Lacey will pay its share of the undisputed items within thirty (30) days of receipt of invoices from Olympia. Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 7 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 10 of 15 d.Pro Rata Reimbursement of Professional Services-Habitat Restoration Mitigation Actions and Construction Services by the City of Yelm i.Within 90 days of receiving written notice from the City of Yelm of its desire to participate in construction and habitat restoration monitoring actions at the Deschutes River property, the City of Olympia will prepare an invoice of the professional and construction services expenditures detailed in Section IV.a of this Agreement incurred prior to the date written notice was received from the City of Yelm. The invoice will provide a detailed breakdown of costs and the reimbursement amount due to each the City of Olympia and the City of Lacey. The City of Yelm will pay the undisputed amount due individually to Olympia and Lacey within thirty (30) days of receipt of the invoice from Olympia. e.50’ Riparian Buffer Planting i.Olympia managed planting of the 50-foot riparian buffer for the mutual benefit of the Cities. Olympia will invoice the City of Lacey and the City of Yelm their share of costs based on actual expenses. The invoice will provide a detailed breakdown of costs. Lacey and Yelm will pay their share of the undisputed items within thirty (30) days of receipt of invoices from Olympia. VI. Indemnification & Insurance Each City agrees to defend, indemnify and hold the other cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the indemnifying City’s performance of this Agreement, including injuries and damages caused by the negligence of the indemnifying City’s officers, officials and employees. VII.No Separate Legal Entity Created This Agreement creates no separate legal entity. VIII. Duration of Agreement This Agreement shall be effective on the date of the last signature affixed hereto and shall terminate upon completion of the tasks necessary to accomplish the purpose of the agreement, unless sooner terminated by the Cities as provided herein. IX. Dispute Resolution a.Step One – Negotiation. In the event of a dispute concerning any matter pertaining to this Agreement, the Parties involved shall attempt to address their differences by informal negotiation. The Party perceiving a dispute or disagreement persisting after informal attempts at resolution shall notify the other Parties in writing of the general Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 8 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 11 of 15 nature of the issues. The letter shall be identified as a formal request for negotiation and shall propose a date for representatives of the Parties to meet. The other Parties shall respond in writing within ten (10) business days.The response shall succinctly and directly set out that Party’s view of the issues or state that there is no disagreement. The Parties shall accept the date to meet or shall propose an alternate meeting date not more than ten (10) business days later than the date proposed by the Party initiating dispute resolution. The representatives of the Parties shall meet in an effort to resolve the dispute. If a resolution is reached the resolution shall be memorialized in a memorandum signed by all Parties which shall become an addendum to this Agreement. Each Party will bear the cost of its own attorneys, consultants, and other Step One expenses. Negotiation under this provision shall not exceed 90 days. If a resolution is not reached within 90 days, the Parties shall proceed to mediation. b.Step Two – Mediation. If the dispute has not been resolved by negotiation within ninety (90) days of the initial letter proposing negotiation, any Party may demand mediation. The mediator shall be chosen by agreement. Each Party will bear the cost of its own attorneys, consultants, and other Step Two expenses. The parties to the mediation will equally share the cost of the mediator. A successful mediation shall result in a memorandum agreement which shall become an addendum to this Agreement. Mediation under this provision shall not exceed 90 days. If the mediation is not successful within 90 days, the Parties may proceed to litigation. c.Step Three – Litigation. Unless otherwise agreed by the Parties in writing, Step One and Step Two must be exhausted as a condition precedent to filing of any legal action. A Party may initiate an action without exhausting Steps One or Two if the statute of limitations is about to expire and the Parties cannot reach a tolling agreement, or if either Party determines the public health, safety, or welfare is threatened. X. Termination of Agreement This Agreement may be terminated upon mutual agreement of the Cities. XI. Interpretation and Venue This Agreement shall be governed by the laws of the State of Washington as to interpretation and performance. The parties hereby agree that venue for enforcement of any provisions shall be the Superior Court of Thurston County. Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 9 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 12 of 15 XII. Entire Agreement This Agreement sets forth all terms and conditions agreed upon by the Cities and supersedes any and all prior agreements oral or otherwise with respect to the specific subject matter addressed herein. XIII. Recording Prior to its entry into force, this Agreement shall be filed with the Thurston County Auditor's Office or posted upon the Cities’ websites as provided by RCW 39.34.040. XIV. Counterparts This Agreement may be executed in counterparts, and all such counterparts once so executed shall together be deemed to constitute one final agreement, as if one document had been signed by all Parties, and each such counterpart, upon execution and delivery, shall be deemed a complete original, binding on the parties. A faxed or email copy of an original signature shall be deemed to have the same force and effect as the original signature. XV. Notice Any notice required under this Agreement shall be to the party at the address listed below and shall become effective three days following the date of deposit with the United States Postal Service. CITY OF OLYMPIA : Attn: Susan Clark, Senior Planner Re: Water Rights Mitigation/Deschutes Basin PO Box 1967 Olympia, WA 98507-1967 CITY OF LACEY : Attn: Peter Brooks, Water Resource Manager Re: Water Rights Mitigation/Deschutes Basin 420 College St SE Lacey, WA 98503 CITY OF YELM : Attn: Chad Bedlington, Public Works Director Re: Water Rights Mitigation/Deschutes Basin 105 Yelm Ave. W Yelm, WA 98597 Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 10 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 13 of 15 This Agreement is hereby entered into between the Cities and shall take effect on the date of the last authorizing signature affixed hereto: CITY OF OLYMPIA Steven R. Hall, City Manager Date: Approved as to form: Darren Nienaber, Deputy City Attorney Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 11 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 14 of 15 CITY OF YELM JW Foster, Mayor Date: Approved as to form: P. Stephen DiJulio, Attorney Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 12 of 13 Agenda Item 8b Deschutes Water Right Mitigation Strategy Phase 5 Page 15 of 15 CITY OF LACEY Scott Spence, City Manager Date: Approved as to form: David Schneider, City Attorney Interlocal Agreement between Lacey, Olympia, and Yelm for Implementing Deschutes Water Rights Mitigation Plan (Phase V) Page 13 of 13 Agenda Item 13 Correspondence Page 1 of 5 Yelm Area Chamber of Commerce August 2017 What's Happening Upcoming Next Yelm Area Chamber of Commerce Events Forum & Luncheon August 8, 2017 August 4 11:30 am Yelm Area Chamber of Yelm Community Center Commerce Leads & $20 Members $25 Non-members Networking Group 12 pm This month's Forum Sponsored by Olympia Federal Savings The Formula for Success in Community August 5 & Economic Development and Business Jazz Fest & Non-profit Management 3-9 pm Presented by George Sharp, Rural Program Manager, Yelm City Park South Thurston Economic Development Initiative, Thurston Economic Development Council About George Sharp George spent 10 years working with communities, businesses and non-profit organizations across Washington State while on staff with the August 8 Washington Department of Commerce. Chamber Forum & During that time he developed the Formula for Luncheon Agenda Item 13 Correspondence Page 2 of 5 11:30 am Success based on his observations and experiences Yelm Community of what worked and Center didn't work to achieve Sponsored by: success. George also Easthaven Villa spent 8 years with the Pullman Chamber of Commerce and implemented several new programs for the Pullman Community. George will share ideas on how to improve what August 11 you do on an individual level to help your Activities Committee community, business, and organizations you 8:30 am belong to. Mr. Doug's Yelm Area Chamber of Commerce Leads & Networking Group August 11 Yelm Area Chamber of Commerce Leads & Networking Group 12 pm Olympia Federal Savings Leads groups are made up of individuals from differentcategories of businesses. The object of each group is to build personal contacts throughout the community, an to assist each other August 18 in finding new sources of prospects and new Yelm Area Chamber of avenues for business. Commerce Leads & Networking Group The purpose of this group is to grow businesses 12 pm exchanging qualified referrals with fellow Olympia Federal members. Savings Group WHEN Agenda Item 13 Correspondence Page 3 of 5 Fridays at noon WHERE August 25 Olympia Federal Savings Yelm Area Chamber of Commerce Leads & NEED MORE DETAILS Networking Group 12 pm Call Line at 360-458-6608 or email Olympia Federal director@yelmchamber.com Savings Group August 31 Drive 5:07 Business After Hours 5:07 pm Shine Specialties & Promotions Visit our Events Calendar! July Membership Renewals Agenda Item 13 Correspondence Page 4 of 5 2017-2018 Visionary Members Agenda Item 13 Correspondence Page 5 of 5 Thank you for your support and participation! www.yelmchamber.com Yelm Area Chamber of Commerce | 138 Prairie Park Lane | Yelm, WA Copyright © 2017. All Rights Reserved.