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06 12 2018 Agenda Packet AGENDA YELM CITY COUNCIL MEETING TUESDAY, JUNE 12, 2018, 6:00 P.M. Website Viewing: Clicking on agenda items will open associated documents including staff reports, resolutions, ordinances, etc. Note: some agenda items may not have attachments. Call to Order - 1. 2. Roll Call - Agenda Approval - ACTION 3. Special Presentations 4. May Student of the Month - Student of the Year - Department of Defense Award Presentation 5. Public Comment - the meeting recorder. For items NOT on the agenda, comments will be welcomed at this time. For items on the agenda, comments will be welcomed at the scheduled time of that agenda item. Consent Agenda: ACTION 6. a. Minutes: Special Meeting Minutes May 29, 2018 b. Payables: Public Hearing none scheduled 7. 8 New Business: a. Ordinance No. 1045 Biennial Budget ACTION Presenter: Finance Director, Joe Wolfe Attachments: Staff Report, Ordinance No. 1045 BIAS Software Master Subscription Agreement ACTION b. Presenter: Finance Director, Joe Wolfe Attachments: Staff Report, Subscription Agreement Professional Services Agreement for Skillings Connelly, Inc. for ACTION c. Cochrane Park Wetland Park Reconstruction Presenter: PW Project & Program Manager, Pat Hughes Attachments: Staff Report, Professional Services Agreement 9. Old Business: none scheduled Department Updates by City Administrator, Michael Grayum 10. Council and Mayor - 11. Councilmember Curry represents Yelm on the following committees: Senior Center Thurston County Solid Waste Yelm Finance Department Advisory Committee (SWAC) Committee Yelm Public Safety Committee SE Thurston County Fire Authority Liaison Councilmember Carmody represents Yelm on the following committees: Intercity Transit Authority Yelm Finance Department Committee Yelm Community & Economic Development Committee Nisqually River Council Hazardous Weather Task Force Councilmember Colt represents Yelm on the following committees: S. County Yelm General Government Committee Yelm Community & Economic Development Committee Councilmember Stillwell represents Yelm on the following committees: Thurston County EDC Council Emergency Operations Board Yelm General Government Yelm Public Safety Committee Committee Thurston County Law & Justice Council Councilmember Wood represents Yelm on the following committees: Thurston Regional Planning Yelm Public Works Committee Board Committee TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees: South Thurston Economic Yelm Public Safety Committee Development Initiative group (STEDI) Yelm Finance Committee Councilmember Kaminski represents Yelm on the following committees: Yelm Public Works Committee Thurston Thrives Coordinating Council Yelm Economic Development Committee Mayor Foster represents Yelm on the following committees: Community Investment Yelm Emergency Operations Partnership (CIP) Board South Sound Military and Thurston Regional Planning Community Partnership (SSMCP) Council Board (Elected Officials Council) RMSA Board Executive Session none scheduled 12. Correspondence - (Correspondence is available upon request). 13. Adjourn 14. Upcoming Meetings: City Council Meeting, Tuesday, June 26, 2018, 6:00 pm, Public Safety Building Study Session Meeting CANCELLED, Tuesday, July 3, 2018, 6:00 pm, Public Safety Building City Council Meeting, Tuesday, July 10, 2018, 6:00 pm, Public Safety Building MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to three (3) minutes and the number of speakers is limited to five (5). Public Comments related to items not on the agenda will be welcomed during the Public Comment period. Public Comments related to items on the agenda, will be welcomed at the scheduled time of that agenda item. e with disabilities. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or 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 and employer. The Preliminary Agenda and Approved Council Minutes are available at www.yelmwa.gov. For information on the Americans with Disabilities Act and the Title VI 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, MAY 22, 2018 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 p.m. 2. Roll Call Present: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, Joe DePinto and Terry Kaminski. 3. Agenda Approval 18-065 MOTION BY TERRY KAMINSKI TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY TRACEY WOOD. 7-0, MOTION CARRIED. 4. Special Presentations- Puget Sound Energy presented the Small Business Direct Install Blitz program they will be doing in Yelm in June. 5. Public Comment- Victoria Mattoon spoke about the traffic problem on West Road and the upcoming th fire works for the 4 of July. 6. Consent Agenda a. Minutes Study Session minutes from May 1, 2018 & Regular meeting minutes from May 8, 2018. b. Payables: Check #1007 - #1224 Totaling $1,703,599.24. 18-066 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA AS PRESENTED. SECONDED BY EJ CURRY. 7-0, MOTION CARRIED. 7. Public Hearing none scheduled 8. New Business a. Resolution No. 591, Hazards Mitigation Plan for the Thurston Region 18-067 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN RD RESOLUTION NO. 591 FORMALLY ADOPTING THE 3 EDITION OF THE THURSTON HAZARDS MITIGATION PLAN FOR THE THURSTON REGION AND THE CITY OF YELM ANNEX. SECONDED BY CODY COLT. 7-0, MOTION CARRIED. b. Resolution No. 592, Declaring a certain property in the City of Yelm a Public Nuisance 18-068 MOTION BY MOLLY CARMODY TO CONTINUE THIS RESOLUTION TO THE JUNE 26 COUNCIL MEETING. SECONDED BY TRACEY WOOD. 7-0, MOTION CARRIED. c. Resolution No. 590, Authorizing the purchase of real estate Steve Klein spoke in favor of purchasing the building and property but he felt the process was not open to the public. Councilmember DePinto read a statement from Dwayne Mathis in which he spoke against purchasing a building for a new City Hall. 5-22-18 Agenda Item 6a Minutes Page 2 of 4 18-069 MOTION BY TRACEY WOOD APPROVING RESOLUTION NO. 590 PROVIDING AUTHORIZATION TO THE MAYOR TO EXECUTE THE ND PURCHASE OF REAL ESTATE FOR A NEW CITY HALL LOCATED AT 106 2 STREET SE, TOGETHER WITH TWO VACANT PARCELS LOCATED AT THE RD NORTHERLY CORNER OF WASHINGTON STREET SE AND 3 STREET SE IN YELM, WASHINGTON. SECONDED BY TERRY KAMINSKI. 18-070 MOTION BY MOLLY CARMODY TO AMEND THE MOTION TO READ THROUGH THE WORDS PROVIDED THAT CITY COUNCIL DETERMINE AND ADOPT A RESOLUTION GOING FORWARD FOR FUTURE REAL ESTATE ACQUISITION PROCESSES BY THE JUNE 26 COUNCIL MEETING. SECONDED BY TAD STILLWELL. 18-071 MOTION BY MOLLY CARMODY TO WITHDRAW THE PREVIOUS MOTION. SECONDED WITHDRAWN BY TAD STILLWELL. CURRY-YES, CARMODY-NO, COLT-NO, STILLWELL-YES, WOOD-YES, DEPINTO-NO, KAMINSKI-YES. 4-3, MOTION 18-069 CARRIED. 9. Old Business none scheduled 10. Department Updates by City Administrator Michael Grayum- Spring Cleanup was a huge success. Next year we hope to have more dumpsters. Friday, May 25 is the Friday 5K for the Fallen at the Community Center. Employee Appreciation Luncheon on Wednesday, May 23, 2018 at the Community Center. June 18, 2018 is the Executive Seminar for Thurston County Emergency Management. Water Reclamation Facility will start Phase I upgrades soon. The Spray Park and new playground equipment for Yelm City Park is still in process. Hopefully it will be completed by late Fall. st Cyclone fencing will come down the 1 week in June around the City Park. 11. Mayor and Council Initiatives Councilmember Curry attended the SE Thurston County Fire Authority meeting, the fundraiser and farewell party for Andrew Kollar, Joint legislative executive committee meeting on Aging and Disability, Yelm Public Safety meeting and also participated in Spring Cleanup event. Councilmember Carmody attended the Intercity Transit Authority meeting, the Yelm Finance Department Committee meeting and reminded everyone that the Seattle to Portland (STP) is coming in July. Councilmember Colt attended a tour of the City and all of the facilities and the fundraiser and farewell for Andrew Kollar. Councilmember Stillwell attended the Thurston County EDC Council Board meeting, the Emergency Operations Board meeting and the Yelm Public Safety Committee meeting. 5-22-18 Agenda Item 6a Minutes Page 3 of 4 Councilmember Wood Transportation Policy Board meeting. Councilmember DePinto attended the South Thurston Economic Development Initiative Group (STEDI) meeting, the Yelm Finance Committee meeting, the Yelm Public Safety Committee meeting and the Aging and Disability meeting. Councilmember Kaminski attended a tour of the City and all the facilities, and the Thurston Thrives Coordinating Council meeting. Mayor Foster received a compliment about how well the Councilmembers work together and get their work done. Mayor Foster met with the Director of Senior Services of South Sound, a briefing for Elected Officials, the Community Investment Partnership meeting, participated in the briefing for Elected Officials through the South Sound Military and Community Partnership meeting, reminded everyone lic Works, Police and EMS week, helped judge for the Statewide Project Citizen Showcase competition at the State Capital Campus, and attended the Visitor Bureau and Convention Tourism Awards and Annual meeting in Rochester where he was nominated for an Excellence in Hospitality Award. th Councilmember Wood reminded everyone that this is the 38 anniversary of Mt. St. Helens eruption last week. 12. Executive Session none scheduled 13. Correspondence included 18-072 MOTION BY MOLLY CARMODY TO ADJOURN, SECONDED BY CODY COLT. 7- 0, MOTION CARRIED. 14. Adjourned 7:34 pm. __________________________ 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.ci.yelm.wa.us. 5-22-18 Agenda Item 6a Minutes Page 4 of 4 YELM CITY COUNCIL SPECIAL MEETING TUESDAY, MAY 29, 2018 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 p.m. 2. Roll Call Present: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, Joe DePinto and Terry Kaminski. 3. Agenda Approval 18-073 MOTION BY TAD STILLWELL TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY MOLLY CARMODY. 7-0, MOTION CARRIED. 4. Public Comment 5. Old Business: None 6. New Business: A Motion will be proposed to rescind or amend Resolution No. 590, Authorizing the Purchase of Real Estate, adopted during the May 22, 2018 Regular City Council Meeting. Bob Isom spoke in favor of the real estate purchase. Dwayne Mathis spoke against the real estate purchase. NO MOTION WAS MADE. 7. Public Hearing – none scheduled 18-074 MOTION BY MOLLY CARMODY TO ADJOURN, SECONDED BY TRACEY WOOD. 7-0, MOTION CARRIED. 14. Adjourned 6:32 pm. __________________________ 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.ci.yelm.wa.us. 5-29-18 Agenda Item 8a Ordinance No. 1045, Biennial Budget Page 1 of 7 City of Yelm STAFF REPORT To:Mayor J.W Foster Yelm City Council From:Joseph Wolfe,Finance Director Date:May 14, 2018(for June 12City Council Meeting) Subj:City of Yelm Biennial BudgetOrdinance No.1045 Recommendation No actionis required by the City Councilat this study session. This item provides the City Council with background on Yelm could come to expect from a biennial budgeting process. However, staff recommends that the City Council consider the policy issues presented with weight given to implementing a biennial budget using a two-year appropriation in the budget ordinance and provide staff direction about proposed Ordinance No. 1045. Background Executive Leadershipprovided direction to staff to explore moving to a biennial budgeting process. This staff report serves to provide some background on Yelm process and what the City Council could come to expect from a biennial budgeting process. Yelmis required to comply with certain state mandated budget provisions contained in Chapter 35A.33 of the Revised Code of Washington (RCW). Current Situation Current Budget Process Budget Development:Work on Yelm year starts, guided by City Council Goals and an updated financial forecast. Departments develop estimates for revenue and expenditures for the current year and formulate their estimates for the following budget year. The following budget year relies on organization priorities, City Council goals, and infrastructure condition and maintenance needs. The City Council receives an early preview of the proposed budget in September, during which time it provides feedback that guides the proposed budget delivered to the City Council Agenda Item 8a Ordinance No. 1045, Biennial Budget Page 2 of 7 in October. The City Council holds at least two public hearings and at least four public deliberations(including City Council Study Sessions)on the budget. Budget Adoption:The City Council adopts the budget on a calendar year basis, typically fund level with each Department managing their operations based on the revenue and expenditure estimates developed for its Department budget. Expenditures during the twelve-month window may not legally exceed the total appropriations within any specific fund. Any appropriations that are not expended lapse at year-end unless approved as a carryover amendment fo Budget Amendments:Because work on Yelm its adoption more than one month before the next year starts there may be unanticipated needs that arise within the following few months that will require additional budget authority in the next year. There may also be instances where some operating programs and capital projects were delayed and need to be completed in the next year. Any revisions that change the total expenditures of a fund or that affect the number of authorized employee positions, salary ranges, hours, or other conditions of employment must be approved by the City Council. The City Council is typically presented with two budget amendmentsthat providefor new grant or other revenue sources or for program developments and new opportunities that occur outside of the timing of the typical budget process. While these types of amendments can be presented at any time in the year,staff strives to consolidate them inJulyand December whenever possible. The December amendment also typically includes anyend-of-year adjustments that need to be made. Biennial Budgeting Authority and Process:In 1985, the Washington State Legislature adopted the Municipal Biennial Budget Act, permitting all cities in Washington State to establish a biennial, or two-year,budget. The legislative authority for cities is found in RCW 35A.34. The most urgent requirement is that in order to move to a biennial budget, the City Council must adopt an ordinance at least six months prior to the start of the fiscal biennium. The RCW requires that biennial budgets run from an odd year through an even year. The next biennial budget period is 2019-2020. That means that if the City Council wishes to establish a biennial budget before 2019, it must adopt proposed Ordinance No. 1045 no later than June 30, 2018, stating the City of Yelmwill prepare a biennial budget for the budget period 2019-2020. Once Yelmbegins using a biennial budget, it can choose to revertto an annual budget, by ordinance, at the end of a biennium if it wishes to do so. Agenda Item 8a Ordinance No. 1045, Biennial Budget Page 3 of 7 DISCUSSION -biennium review o sooner than September 1 of the first year of the biennium and be completed by the end of the year. The purpose of mid- process would replace the annual budget process in that year, resulting in significant time savings for the City Council and staff. Public hearings are required if any modifications to the adopted budget are proposed. Form of Biennial Budgets There are several ways to approach biennial budgeting, including: 2. Adopting two annual budgets; or, 3. Adopting a true biennial budget, with h year set in the budget. The greatest benefits of biennial budgeting are achieved with Option #3, eliminating the need for carryover processes during the biennium. More than 50 cities and several counties have worked with some form of biennial budgets since the legislature created this alternative (Attachment B). The majority of cities use a two-year appropriation in their budget ordinance (or resolution). Biennial Budget Form Staff Recommendation:If Council wishes to move forward with a biennial budget, staff recommends that the City use a true biennial budget (Option #3) budget ordinance but provide authority to department heads to spend entire appropriation in year 1. Displaying estimated allocations in this fashion will aid monitoring and allow the Administrative Services Director to understand the timing for cash flow purposes and operating programs/services and/or capital projects to be delivered in year 1, if possible, within that cash flow. Reasons for Using a Biennial Budget Advocates of biennial budgets point to the following advantages of transitioning from an annual to a biennial budget cycle: Better use of Staff Time:The most common reason cited forusing a twenty-fourmonth appropriation is to consolidate the amount of effort invested by the City Council and staff in preparing, developing the budget, and reviewing various documents. While forecasting for twenty-four months takes more time than twelve months, it does not take significantly -biennium budget Agenda Item 8a Ordinance No. 1045, Biennial Budget Page 4 of 7 time not spent in budget development can be invested in strategic planning, special project analysis, performance measurement, and delivering work plan goals. Many organizations have also noted that a biennial budget helps make additional time available to the City Council to strategically address financial and operational issues. Longer Perspective:As was noted above, another advantage is the longer perspective afforded to the organization in its budgetary planning. Proponents of biennial budget cycles contend that reduced City Council time spent preparing, reviewing, and approving annual budgets affords more focused time for improved financial management and departmental oversight while encouraging policymakers to make financial decisions over longer timeframes. Since the timeline is extended from one year to two, budgeting can be better coordinated with capital improvements, fleet management changes, or other major expenditures. The National Advisory Council on State and Local Budgeting recommends long-range a planning as one of the five essential features of good budgeting.Yelmsubscribes to a philosophy of multi-year financial planning as a best practice. While the 6-Year Capital Improvement Plandoesnot take the form of an appropriation in an ordinance, the planninghelpsprovide focus to guide the formal budgeting process. Biennial budgeting would require that departments forecast expenditures and revenues up to twenty-eight months in advance. This also provides longer time horizons to department heads and policymakers asthey allocate resources across programs and anticipate future needs. To that end, the City Council may find a biennial budget more transparent on full program costs when a new program may only incur some of the costs in the first year. Reasons against Using a Biennial Budget Of the cities that have used the multi-year approach, few have reverted back to a traditional one-year budget. Their reasons are as follows: Loss of Control:Some City Councils have expressed concerns about a loss of control overbudgeted expenditures. While there are no clear examples of serious budget problems attributed to biennial budgeting, loss of control has been cited as a concern, and several cities have cited it as a reason for reverting back to an annual budget. It is important to remember that the City Council will always have the choice to revert back to an annual budget, by ordinance, at the end of a biennium. Another consideration to keep in mind is that the City has the ability to structure its process in ways that can minimize this risk. a incorporates a longterm perspective, establishes linkages to broad organizational goals, focuses budget decisions on results and outcomes, involves and promoteseffective communication with stakeholders, Practices: A Framework for Improved State and Local Government Budgeting. 1998. Agenda Item 8a Ordinance No. 1045, Biennial Budget Page 5 of 7 Difficulty in Forecasting:It is difficult to forecast revenues and variable expenditures for the next twelve to eighteen months in an annual budget process. A two-year budget will require all the estimates be done for a twenty-four-month period. Forecasts for sales tax, medical benefit costs, changes in pay for staff, and many other variables can be derailed by changes in the economy, in federal and local laws, and other changes. At some point Yelmwill likely experience the cumulative effect in the second year of receiving revenues lower than forecast in the first year. While budget deficits may be larger in scale when looking at a two-year period and, therefore, inherently more difficult to resolve, the reality is that the City will have a longer period of time to address any deficits. The key will be to continue our policy of regular revenue monitoring, with appropriate response to that monitoring, as well as long-term forecasting. As with the annual budget process, if the regular monitoring reveals significant variations from the forecast, the City Administrator Administratormay allow department heads to have lotsAdministratormay direct staff to more closely monitor and/or limit expenditures and only make funds remaining from year 1 available for year 2 expenditures with the approval of the City Administrator. There are many options for managing the economic cycle in both annual and biennial budgets. Failure to Realize Anticipated Time Savings:Depending on the strength of restrictions or willingness to avoid making significant technical or policy changes in the off-year, biennial budgeting may not lead to appreciable time savings for the City Council and staff. Some cities that have reverted back and forth between annual and biennial budgeting -b to achieve the anticipated time savings. Significant discipline is required in creating and - rather than another full budget process. Proposed Ordinance No. 1045 and Next Steps Staff has engaged in thoughtful planning and process review to ensure the initial implementation of biennial budgeting will result in the monitoring and reporting needs of the City Council and staff. The next steps to establish a biennial budget process, following adoption of Proposed Ordinance No. 1045, would be a major work plan item that staff in the Finance Departmentare prepared to undertake. In the past, staff was not able to recommend biennial budgeting due to limited ability to properly setup the C software system. The City is undertaking a major upgrade to our Financial and Human Resources system in 2018. As part of this project, staff have assessed its ability to support biennial budgeting. The system configuration changes will require time and testing prior to beginning the budget process in June. Additionally, staff will need to work with Departments to implement procedural changes necessary to move from annual to biennial budgeting. Agenda Item 8a Ordinance No. 1045, Biennial Budget Page 6 of 7 Both of these practical requirements necessitate the adoption of proposed Ordinance No 1045 in the near term should Council desire to move to biennial budgeting. Tonight, Council will discuss proposed Ordinance No. 1045 (Attachment A), which would establish a biennial budget in Yelmfor the budget period 2019-2020. Adoption of proposed Ordinance No. 1045 is scheduled for the June 12, 2018 City Council meeting. RECOMMENDATION No action is required by the City Councilat this study session. This item provides the City Council with background on Yelms current budget process and what the City Council could come to expect from a biennial budgeting process. However, staff recommends that the City Council consider the policy issues presented with weight given to implementing a biennial budget using a two-year appropriation in the budget ordinance and provide staff direction about proposed Ordinance No. 1045. Adoption of proposed Ordinance No. 1045 is scheduled for the June 12, 2018 City Council meeting. ATTACHMENTS Attachment A: Draft Biennial Budget Ordinance No. 1045 Attachment B: List of Washington Cities and Counties that useBiennial Budgets Attachment C: Proposed Biennial Budget Schedule Agenda Item 8a Ordinance No. 1045, Biennial Budget Page 7 of 7 CITY OF YELM ORDINANCE NO. 1045 AN ORDINANCE OF THE CITY OF YELM ESTABLISHING A BIENNIAL BUDGET BEGINNING JANUARY 1, 2019 FOR THE 2019-2020 BUDGET YEARS AND PROVIDING FOR A MID-BIENNIUM REVIEW. WHEREAS, by Chapter 35 A.34, RCW, the State Legislature has provided that a legislative body of a code city may by ordinance elect to have a two-year fiscal biennium budget in place of an annual budget; and WHEREAS, a biennial budget allows the city to focus on overall strategic planning and more efficient tracking of project revenues and expenditures; and WHEREAS, Chapter 35 A.34.040 requires that such ordinance must be adopted by June 30 in st order to be effective for the January 1of an odd numbered, non election year; NOW, THEREFORE, The City Council of the City of Yelm do ordain as follows: Section1.EstablishaTwo-YearBiennialBudget.CityCouncilestablishesatwo-yearbiennialbudget whichbeginsJanuary1,2019forthe2019-2020biennialbudget years and continues with subsequent biennial budget preparation, consideration andadoption. Section 2.The City Council having adopted the provisions shall provide for a mid-biennial review and modification of the biennial budget no sooner than eight months after the start nor later than conclusion of the first year of the fiscal biennium. City ordinances providing for a mid- biennium review and modification shall establish procedures for distribution of the proposed modification to members of the City Council, procedures for making copies available to the public, and shall provide for public hearings on the proposed budget modification. The budget modification shall be by ordinance approved in the same manner as are other ordinances of the city. Section 3.Ratify and Confirmation Clause. Any action taken pursuant to this ordinance but prior to the effective date is hereby ratified and confirmed. Section 4.Effective Date. This Ordinance shall take effect five days after passage, approval, and publication. th AdoptedbytheYelmCityCouncilataregularmeetingthereofthis12day of June, 2018 J.W. Foster, Mayor Authenticated: Lori Mossman, City Clerk Agenda Item 8b BIAS Software Master Sub. Agrmt. Page 1 of 11 City of Yelm STAFF REPORT To:Mayor J.W Foster Yelm City Council From:Joseph Wolfe,Finance Director Date:May 25, 2018(for June 12, 2018City Council Meeting) Subj:BIAS Software Master Subscription Agreement Recommendation Authorize Mayor Foster to sign the New Purchase Order for three annual payments of $31,322.92 and the Master Subscription Agreement (MSA) with BIAS Software, Inc. for $11,446.31/year for the purchase and implementation of BIAS Financial Management Software. Background The City of Yelm has been using InCode financial and utility billing software to administer city finances since 2008. This softwareis our primary financial management tool, used to facilitate budget management, accounting, financial reporting,human resources, utility billing, tax collections, and permitting. The software,integral to city financial management, no longer meets the needs of the city or our stakeholders. Therefore, the executive branch has been exploring options for upgrading thefinance and utility billing software since September 2017. Current Situation The City has evaluated four finance and utility billing software solutions to replace the current InCode financial and utility billing software. Bias financial and utility billing software was selected as the most capable software provider due to the specialized capabilities of their software, their implementation and support teams, pricing, and projected return on investment. The projected timeline for full implementation isJanuary 1, 2019, with parallel operations (InCode and BIAS) during Q4 2018. This will allow the finance department to test the new system, insure data integrity during data migration, and will allow staff to build the 2019 budget in the new system. Please seeattachment 1 for cost analysis, including break-even timelines. June 6, 2018Page 1of 2 Agenda Item 8b BIAS Software Master Sub. Agrmt. Page 2 of 11 ATTACHMENT 1 IT SYSTEM COST & PERFORMANCE ANALYSIS ЋЉЊБ CźƓğƓĭźğƌ ğƓķ ƷźƌźƷǤ .źƌƌźƓŭ {ƚŅƷǞğƩĻ wğƓƉźƓŭ {ŷĻĻƷ LƓĭƚķĻ ЊЉ.źğƭ{ƦƩźƓŭĬƩƚƚƉ5ğŅŅƩƚƓ /ƚƭƷƭ 1 Annual Staff Cost SavingsBaseline 24,023.75 18,129.81 20,957.78 Implementation Costs - 96,208.75 129,532.53 144,680.00 Annual Subscription Costs 32,000.69 12,441.80 11,509.16 19,220.00 ƚƷğƌ CźƩƭƷ ĻğƩ /ƚƭƷ ЌЋͲЉЉЉ͵ЏВ БЍͲЏЋЏ͵БЉ ЊЋЋͲВЊЊ͵БА ЊЍЋͲВЍЋ͵ЋЋ Break Even Point (Years) Ћ͵ЋЊ 3.35 4.29 aƚķǒƌĻ wğƓƉźƓŭ ƷźƌźƷźĻƭ ΛĻźŭŷƷ ў Њ͵ЉΜ Utility Account Tracking2423 Cash Collections4423 Account Reporting Capabilities2423 Online Customer Portal1114 Mobile Application0004 Text/Email Capability1224 Service Order Process3322 Utility Billing Process2322 Exception Reports2423 Account Creation Utility2423 Account Adjustments1423 Total Weighted Average 1.82 3.00 1.73 3.09 DĻƓĻƩğƌ \[ĻķŭĻƩ ΛĻźŭŷƷ ў Њ͵ЉΜ BARS Compatible3433 Journal Entries2433 Budgeting Capabilities1333 Accounts Payable2443 Financial Reporting 1333 Vendor Reporting2433 Total Weighted Average 1.83 3.67 3.17 3.00 .ǒƭźƓĻƭƭ 9ƓǝźƩƚƓƒĻƓƷ ΛĻźŭŷƷ ў Љ͵ЎΜ Business Licensing0222 Permitting2222 Total Weighted Average 0.50 1.00 1.00 1.00 IǒƒğƓ wĻƭƚǒƩĭĻƭ ΛĻźŭŷƷ ў Љ͵ЎΜ Payroll2322 Employee Self Service Module0333 Total Weighted Average 0.50 1.50 1.25 1.25 Ļĭŷ 9ƓǝźƩƚƓƒĻƓƷ ΛĻźŭŷƷ ў Њ͵ЉΜ Initial Hardware Costs4441 Hardware mainainance Costs4443 Software Mainainance Costs0322 Cloud Based4404 Ease of Integration3434 Customer Environment/Ease of Use3434 Total Weighted Average 3.833.00 2.67 3.00 Average Ranking 13.007.65 9.81 Efficiency Score0.147144520.250000000.188665500.21809441 Scores = 0-4, four being the highest. Scores are based on ease of use for each element and module Annual Staff Costs represented by average of Finance Department Staff Salary & Benefit Costs NOTES: 1. Annual Cost Savings based on average fully loaded finance department staff cost multiplied by effeciency score 2. Efficiency Score = average ranking divided by 52 weeks Agenda Item 8b BIAS Software Master Sub. Agrmt. BIAS Software Page 3 of 11 327 E. Pacific Spokane, WA 99202 Order Form for: City of Yelm Annual Service Fee*: $11,446.31 Prepared on: May 11, 2018 New Purchase Amount: $93,968.75 Order Form Expires: June 10, 2018 Annual Payment Option: $31,322.92 Order Form Number: 00000417 Annual Payment Terms: 3 Years | 0% Financing ORDER FORM O RDER P REPARED F OR: O RDER P REPARED B Y: Company: City of Yelm Company: BIAS Software Contact: Joesph Wolfe Contact: Mark Felchlin Address: 105 Yelm Ave W Address: 327 E Pacific Yelm, Washington 98597 Spokane, WA 99202 Phone: (360) 458-8403 Phone: (509) 443-3332 Email: joew@yelmwa.gov Email: mark@biassoftware.com ORDER DETAILS C ASH R ECEIPTING P RODUCT D ESCRIPTION Q TY. U NIT P RICE E XTENDED P RICE Cash Receipting Essentials Includes: Licensing 1 $13,440.00 $13,440.00 Training/Setup - CR Includes: Essential Training & Seasonal Support 1 $1,140.00 $1,140.00 Subtotal: $14,580.00 $14,580.00 F INANCIAL P RODUCT D ESCRIPTION Q TY. U NIT P RICE E XTENDED P RICE Includes: GL, Vouchering, Budgeting, SAO Financial Essentials 1 $14,490.00 $14,490.00 Reporting, Bank Reconciliation Training/Setup - Financial Includes: Essential Training & Seasonal Support 1 $2,250.00 $2,250.00 Data Import - Financial Includes: COA, Budget, Vendors 1 $1,000.00 $1,000.00 Subtotal: $17,740.00 $17,740.00 P AYROLL P RODUCT D ESCRIPTION Q TY. U NIT P RICE E XTENDED P RICE Includes: PTO Tracking, Benefit Reporting, State Payroll Essentials 1 $15,435.00 $15,435.00 and Federal Tax Reporting, DRS Reporting Includes: Essential Training & Seasonal Support & Training/Setup - Payroll 1 $3,375.00 $3,375.00 Live Onsite Data Import - Payroll Includes: Census Information 1 $500.00 $500.00 Subtotal: $19,310.00 $19,310.00 BIAS Order Form for City of Yelm May 11, 2018 Prepared by: Mark Felchlin Page 1 of 3 Agenda Item 8b BIAS Software Master Sub. Agrmt. BIAS Software Page 4 of 11 327 E. Pacific Spokane, WA 99202 M Y BIAS: T IMESHEETS P RODUCT D ESCRIPTION Q TY. U NIT P RICE E XTENDED P RICE Payroll Integration Payroll Enhancement 1 $3,858.75 $3,858.75 Training/Set-up - Timesheets Configure File and Train Integration 1 $2,000.00 $2,000.00 Subtotal: $5,858.75 $5,858.75 U TILITY B ILLING P RODUCT D ESCRIPTION Q TY. U NIT P RICE E XTENDED P RICE Training/Setup - Utility Includes: Essential Training & One Onsite by 1 $3,375.00 $3,375.00 Billing Request Includes: Cycle Billing, Batch Billing, Consumption Utility Billing - Essential 1 $19,320.00 $19,320.00 Billing, Work Orders Includes: Customers, Service Locations, Read Data Import - Utilities 1 $2,500.00 $2,500.00 History, Notes, Active Bills Subtotal: $25,195.00 $25,195.00 P ERMITTING P RODUCT D ESCRIPTION Q TY. U NIT P RICE E XTENDED P RICE Includes: Code Enforcement, Permits, Project Permitting Essentials 1 $9,765.00 $9,765.00 Tracking Training/Setup - Permitting Includes: Essential Training 1 $1,520.00 $1,520.00 Subtotal: $11,285.00 $11,285.00 *Annual Service Fee will be pro-rated for active full quarters. BIAS Order Form for City of Yelm May 11, 2018 Prepared by: Mark Felchlin Page 2 of 3 Agenda Item 8b BIAS Software Master Sub. Agrmt. BIAS Software Page 5 of 11 327 E. Pacific Spokane, WA 99202 Order Form for: City of Yelm Annual Service Fee*: $11,446.31 Prepared on: May 11, 2018 New Purchase Amount: $93,968.75 Order Form Expires: June 10, 2018 Annual Payment Option: $31,322.92 Order Form Number: 00000417 Annual Payment Terms: 3 Years | 0% Financing C ONTRACT T ERMS During the Contract Term and for one year thereafter, Customer shall not disclose the pricing or terms hereunder to any third party (unless required by law) without BIAS prior written consent. O RDER F ORM P RICE S UMMARY BIAS Products & Services Subtotal: $93,968.75 Pay in full Discount: ($2,819.06) Grand Total (w/o Tax): $91,149.69 Order Form . R EMARKS taxes that may apply. This is not an invoice. Annual Service Fee will be pro-rated for active full quarters. P AYMENT T ERMS (S ELECT O PTION) C HOOSE O PTION P AY I N F ULL 3 Y EAR P AYMENT O PTION $91,149.69 $93,968.75 Y EARLY P AYMENTS: $31,322.92 P AY I N F ULL O PTION ________(I NITIAL) P AYMENT O PTION ________(I NITIAL) Signature: Name: _____________________ Title: _____________________ Date: _____________________ Upon signature by Customer and submission to BIAS, this Order Form shall become legally binding and governed by the Master Subscription Agreement between BIAS and Customer unless otherwise agreed by BIAS and Customer. Email or Fax all pages to 888.228.0030 or sue@biassoftware.com BIAS Order Form for City of Yelm May 11, 2018 Prepared by: Mark Felchlin Page 3 of 3 Agenda Item 8b BIAS Software Master Sub. Agrmt. Page 6 of 11 MASTER SUBSCRIPTION AGREEMENT This agreement governs your acquisition and use of our services. By accepting this agreement, either by clicking a box indicating your acceptance or by executing an order form that references this agreement, you agree to the terms of this agreement. If you are entering into this agreement on behalf of a government entity or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services. AGREEMENT: 1.$¤¥¨¤£ 4¤±¬²ȁ Certain terms used in this Agreement, including order forms, have defined meanings, which are provided in Section 17, and in other Sections herein. Definitions of specifically defined terms (appearing in quotation marks and capitalized where defined herein) shall apply whether or not the term is capitalized. 2.Grant of License. In consideration of this agreement and the Order Forms we will (a) make the Services and Content available to You, (b) provide our standard support for the Purchased Services, and/or upgraded support if purchased, (c) use commercially reasonable efforts to make the online Application Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which will give 24 hour notice and which We shall schedule to the extent practicable during the weekend hours), and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, or denial of service attack. 3./¶¤±²§¨¯ǿ 0±®¯±¨¤³ ±¸ 0±®³¤¢³¨®ȁ This Agreement does not provide Licensee with title to or ownership of the Software, but only a right of limited use. Licensor shall have sole and exclusive ownership of all right, title and interest in and to the Software and User Materials, all copies thereof, all derivative works, unique design concepts, and all related material generated from the Software including material displayed on the screen such as icons, screen displays, etc. (including ownership of all copyrights, trademarks and other intellectual property rights pertaining thereto), in any media now existing or subsequently developed, whether created by Licensor or any other party, subject to the rights of Licensee expressly granted herein. 4.#®¥¨£¤³¨ « )¥®±¬ ³¨®ǿ .®-Disclosure ȁ Licensee acknowledges that the Software and User Materials, and all underlying ideas, algorithms, concepts, procedures, processes, principles, know- and contain trade secrets. Licensee shall not use, disclose or cause disclosure of, or distribute any Confidential Information, directly or indirectly, without the prior written consent of Licensor, except that Licensee is authorized to disclose Confidential Information to required by Law, which obligation shall survive the termination of this License. All of the Licensed Modules have Security Key Words assigned to them, and the Licensee agrees not to disclose these Key Words to any Third Party. Licensee shall indemnify Licensor for damages or costs incurred by Licensor as a result of the unauthorized use, disclosure or distribution of any Con 5.Custom Modifications. Custom modification requests will be considered. A quote for programming and training for these modifications will be provided to the Client. BIAS Software will make a reasonable and good faith effort to comply with such requests but shall retain sole discretion to decide whether and when such services can be provided. 6.Support Services. Basic support services provided by the Vendor shall consist of the following: a.Unlimited Remote Support Services. BIAS Software will provide a toll-free number and remote access software for Client use to contact any BIAS-trained operator during normal business hours (8:00 am 5:00 pm PST), excluding major national holidays. b.Error Corrections. BIAS agrees to use all diligent effort to correct verifiable and reproducible errors within a Application functions as intended. Master Subscription Agreement | BIAS Software Page 1 of 6 v.7.1010 Agenda Item 8b BIAS Software Master Sub. Agrmt. Page 7 of 11 MASTER SUBSCRIPTION AGREEMENT c.State and Federal Regulations. BIAS will provide updates required to conform to State and Federal regulations, including current tax tables, W2, and 1099 forms. Programming required to conform to local government ordinances will be subject to additional charges. d.Exceptions the following services and issues are not covered by or included in the Service Agreement i.Misuse. Service or support required resulting from deliberate misuse of licensed modules. ii.On-Site Services. On-site support and training will be charged at the current fee schedule, if required. iii.Balanced Books. On-site or off-site services for balancing Client books are outside this agreement and subject to our standard Fee Schedule. iv.Extended or Emergency Technical Support. BIAS Software will charge standard Professional Service rates when the Client is not properly staffed or trained and must complete time-consuming support issues such as payroll or utility billing. v.Third-Party Hardware or Software. BIAS Software is not responsible for supporting or maintaining any software or hardware not supplied by the Vendor. BIAS Software does not guarantee compatibility with printers, hardware or third-party software. vi.Security of Financial Information. It is understood that the security of financial information stored within the BARS by the Program and stored in an electronic or paper format, is the sole responsibility of the Client and its related entities and affiliates. BIAS Software or its assignees shall not be held responsible for the theft, misappropriation, loss, or misuse of personal or entity related financial information, utility billing records, or any other financial information stored in Client controlled electronic media or physical storage including but not limited to password security, encryption of sensitive information, proper handling of payroll ACH files, physical custody of cash, internal audit procedures and processes, annual reporting, and proper training in security and backup procedures. In addition, the Client and its related entities and affiliates agree to indemnify and hold harmless BIAS Software or its assignees from all costs, damages, misuse of personal or entity related financial information, or other related incident. vii.New Products. New module releases along with the associated training and implementation costs. viii.Significant Program Upgrades. Significant program upgrades are identified by version numbering changes in digits to the left of the decimal point (X.00). These upgrades, due to their complexity, are subject to additional fees. ix.Data Integrity. (Non-BIAS Hosted Users) Power outages, surges, spikes, brownouts and other changes in the electrical current may corrupt and damage data. BIAS Software assumes no liability for any data corruption or loss due to inadequate protection, lack of data backups, or computer system malfunctions. 7.Fees a.Fees. You will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content purchased and not actual usage, (ii) payment obligations are non- cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term. st b.Invoicing and Payment. Purchased Services shall be paid yearly by January 31 of the current year unless otherwise stated in the Order Forms. c.Overdue Charges. If any invoiced amount is not received by Us by the due date, then without limiting our rights or remedies, (a) those charges may accrue late interest at the rate of 1.5%. d.Suspension of Service. If days, we will suspend your account. e.Taxes. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever Taxes have the legal obligation to pay or collect Taxes for which You are responsible under this Section 5, We will invoice Master Subscription Agreement | BIAS Software Page 2 of 6 v.7.1010 Agenda Item 8b BIAS Software Master Sub. Agrmt. Page 8 of 11 MASTER SUBSCRIPTION AGREEMENT You and You will pay that amount unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority f.Service Fees. Service fees are included in the Order Forms. g.Key Per Qualified training for new users is very important. BIAS , but not limited to Finance Directors, Accounting Clerks, Utility Billing Clerks and Payroll Clerks. i.Essential Training Express - $950 (Duration is 6-8 Weeks) 1.Dedicated Training Specialist for up to 8 weeks 2.Up to Four (4) Training Appointments 3.Up to One (1) Rescue Appointments 4.One (1) BIAS Resource Training ii.Essential Training Professional - $1,250 (Required for 3+ Modules) 1.Includes Essential Training Express Ʀƌǒƭ a.Two (2) Additional Training Appointments b.One (1) Additional Rescue Appointments h.Rescue Help. Rescue will be offered separately if Key Position is temporary. Service will be billed automatically each month. i.Rescue Express - $950 Monthly 1.Up to Three (3) Rescue Appointments a Month 2.One (1) Maintenance Appointment a Month ii.Rescue Professional - $1,250 Monthly (Required for 3+ Modules) 1.Includes the Rescue Express Ʀƌǒƭ a.One (1) Rescue Appointment a Month b.One (1) Maintenance Appointment a Month i.Professional Services. for Clients with active Order Form (Prices Subject to Change): i.$75 per hour for Bookkeeping Services ii.$150 per hour for Accounting Services iii.$225 per hour for Programming 8.The Licensee is responsible for selecting operator(s) who are qualified to operate the Software and are familiar with the information, calculations, and reports that serve as input and output. Any data entry errors are the responsibility of the Licensee and the Licensor does not assume the cost of any necessary servicing, repair or correction. Licensee acknowledges that successful installation, implementation and use of the Software cannot be accomplished by l times use their best efforts to actively participate and cooperate in data conversion, system installation, implementation, training and use, shall provide each other accurate and timely information, and shall afford each other reasonable access to information and facilities. All substantive communication between Licensor and Licensee will take place between Licensor 9.!¢¢¤¯³ ¢¤ 4¤²³¨¦ 0¤±¨®£. Licensee shall be deemed to have accepted the Application ninety (90) days after Sta (9 Application, and, by the end of the Acceptance Period, Licensee gives Licensor written notice of non-acceptance describing the Error in reasonable detail. If Licensee gives a proper notice of non-acceptance to Licensor, then: a.Investigation. Licensor shall investigate the reported Error. Licensee shall provide to Licensor reasonably detailed documentation and explanation, together with underlying data, to substantiate the Error and to assist Licensor in its efforts to diagnose, reproduce, and if necessary correct the Error. b.- ³¤±¨ « & ¨«´±¤ &®´£. If an Error exists, Licensor shall, within thirty (30) days (or such longer period as may be -acceptance, correct the Error so that the Application functions in Material conformity with the Specifications. Upon correcting the Error within such period Licensor shall notify Licensee in writing that the Error has been corrected and another Acceptance Testing Period shall begin in accordance with this Section 9. Master Subscription Agreement | BIAS Software Page 3 of 6 v.7.1010 Agenda Item 8b BIAS Software Master Sub. Agrmt. Page 9 of 11 MASTER SUBSCRIPTION AGREEMENT c..® %±±®± &®´£. If there was no Error, or an identified failure to perform was not attributable to a defect in the Application or an act or omission of Licensor, then Licensor shall give written notice to Licensee explaining its determination in reasonable detail, and Licensee shall have thirty (30) days to respond with additional documentation or written explanation regarding the Error. If Licensee provides such response, Licensor shall be afforded thirty (30) days to review the response and, if necessary, attempt to correct the Error. If Licensee does not provide such response within thirty (30) days, then Licensee shall be deemed to have accepted the Application 10.4¤±¬ǿ $¤¥ ´«³ǿ /¯¯®±³´¨³¸ ³® #´±¤. This Agreement is effective as of the Contract Start Date of the Order Form and shall continue until Contract End Date of the Order Form. The License shall terminate upon default, cancellation, repudiation or rejection of this Agreement by either party. A party shall be considered in default only if the party, thirty (30) days after receiving written notice from the other party identifying with reasonable specificity a Material failure to comply fees or charges due under this Agreement or any related Purchased Services, warranty provided in Section 11), has not cured such failure or breach. In the event of termination other than termination resulting from a default by Licensor, no License Fees or other Fees then paid or payable shall be waived or refunded, and any License Fees then unpaid shall be immediately payable in full. 11.,¨¬¨³¤£ 7 ±± ³¸. LICENSOR WARRANTS THAT IT HAS TITLE TO THE SOFTWARE AND THAT IT HAS FULL AUTHORITY TO GRANT THIS LICENSE TO LICENSEE. LICENSOR ALSO WARRANTS THAT, AS TO EACH APPLICATION, FOR A PERIOD OF NINETY ERROR. LICENSOR MAKES NO WARRANTY REGARDING THE USABILITY OR CONVERTABILITY OF ANY OF OR OTHER MATTER ATTRIBUTABLE TO ANY USE OR MODIFICATION OF THE SOFTWARE, OR COMBINATION OF THE SOFTWARE WITH ANY OTHER SOFTWARE OR COMPUTER PROGRAM OR COMMUNICATIONS DEVICE, NOT EXPRESSLY AUTHORIZED BY LICENSOR IN WRITING. DETERMINATION OF BREACH OF THE FOREGOING LIMITED WARRANTY OR DEFAULT UNDER THIS SECTION 10 SHALL BE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF SECTION 9, AND UPON RECEIPT OF WRITTEN NOTICE OF BREACH OF WARRANTY LICENSOR SHALL BE AFFORDED A PERIOD OF THIRTY (30) DAYS TO CURE THE REPORTED ERROR, FAILURE OR OTHER BREACH. LICENSEE AGREES THAT THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF LICENSOR AND LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE OR USE, QUALITY OR PRODUCTIVENESS, COMPATIBILITY, DESIRED RESULTS, OR CAPACITY. 12.,¨¬¨³ ³¨® ®¥ 2¤¬¤£¨¤² £ ,¨ ¡¨«¨³¸. The cumulative liability of Licensor to Licensee for all claims relating to the Software and any services rendered hereunder or in Purchased Services, arising under or relating to this or any related agreement or warranty (including without limitation the limited warranty provided pursuant to Section 11), or otherwise in contract, tort, strict liability, indemnity or any cause of action whatsoever, shall in all events be limited to the total amount of the Fees paid to Licensor under this Agreement for the relevant Application(s) and related services. In no event shall Licensor be liable for any consequential, indirect, special or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), whether arising out of contract, tort, warranty or otherwise, even if Licensor has been advised of the possibility of such potential loss or damage. The foregoing limitation of liability shall apply regardless of the success or effectiveness of other remedies, The Fees herein and terms hereof have been agreed to by Licensor in reliance on the allocation of risk and limitation of liability set forth in Section 7 and this Section 11. 13.6¤´¤ǿ '®µ¤±¨¦ , ¶. Exclusive venue for any dispute between the parties arising out of or relating to this Agreement shall be in the Federal District Court for the District of Eastern Washington, or, if Federal jurisdiction is not available, the Spokane County Superior Court, Washington. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington, as such laws apply to a contract made and performed in such state, without regard to conflicts of law provisions. 14.%³¨±¤ !¦±¤¤¬¤³ǿ #®²³±´¢³¨® ,¨¢¤²®± £ ,¨¢¤²¤¤ 2¤¯±¤²¤³ ³¨®². This Agreement is the complete and exclusive statement of the agreement between Licensor and Licensee and supersedes all prior and contemporaneous Master Subscription Agreement | BIAS Software Page 4 of 6 v.7.1010 Agenda Item 8b BIAS Software Master Sub. Agrmt. Page 10 of 11 MASTER SUBSCRIPTION AGREEMENT negotiations, discussions, proposals and understandings, Oral, written or implied, including those involving any agent of either party, relating to the subject matter herein. a.No representations or statements made expressly set forth or referenced in the Agreement shall be binding on either party. Rights, obligations and warranties under this Agreement extend to Licensee and Licensor only, and no other person shall be considered a third party beneficiary of this Agreement or be otherwise entitled to any rights or remedies under this Agreement. b.No provision of this Agreement shall be construed in favor of or against any party because one party or its professional advisors participated in the preparation of this Agreement. c.Licensee represents and warrants that it possesses sufficient mastery of the principles of accounting to use the Software for its intended purpose, and Licensee acknowledges ponsibility to develop and institute the use of manual and other appropriate controls to validate the accuracy of the data generated by reports and statements; verify that all users of the Software are properly and sufficiently trained and experienced; and verify that a functioning archival system is in place, and that the data base is archived to a removable medium on a daily basis. 15.Modification: .® 7 ¨µ¤±. The terms of this Agreement may only be modified, expanded or added to by a written agreement executed by the parties. No oral communication between the parties or their agents before or after execution of this Agreement shall be binding upon either party unless the parties expressly agree in writing to the terms of such communication. No waiver by either party of any breach of any term or condition hereof shall be effective or enforceable unless made in writing signed by the party, and no waiver shall be interpreted as a continuing waiver or a waiver of any future obligation. 16. Fees. If any suit, action, or other proceeding shall be instituted relating to any term or condition of this Agreement or relating to any of the rights, duties, or obligations arising under it, the prevailing party shall be entitled to recover from the other party and the other party agrees to pay to the prevailing party, whether or not the matter proceeds to final judgment or decree, in addition to costs and disbursements allowed by law, such sum as the trial and each appellate in any appeal thereof. Such sum shall include an amount estimated by the court as the reasonable costs and fees to be incurred by the prevailing party in collecting any monetary judgment or award or otherwise enforcing each order, judgment, or decree entered in such suit, action, or other proceeding. 17.Definitions. As used in this Agreement, including the Attachments hereto, the following terms shall have the following meanings. a. means this Master Subscription Agreement. b. means an ordering document specifying the Services to be provided hereunder that is entered into between you and us or any of Our Affiliates, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto. c. means Services that you or Your Affiliate purchase under an Order Form. d.Cure as applied to a Software or Application Error shall include the provision of alternate, but functionally equivalent and no less effective or efficient, functions or means. e.Error as applied to the Software or an Application means a reproducible failure to perform in accordance with the Specifications in some MATERIAL respect attributable to a defect in the Software or Application or to an act or omission of Licensor. f.Material s applied to the Software or an Application, shall mean a significant or i.substantial alteration or effect on the function or output thereof. g.Specifications description of the functions, capacity, performance and features of the Software as delivered by Licensor to Licensee under this Agreement (including, without limitation, any such description in a written response to RFP or RFI delivered by Licensor to Licensee, in a Licensor product brochure provided by Licensor specific to the Software, or in written correspondence from Licensor to Licensee). Master Subscription Agreement | BIAS Software Page 5 of 6 v.7.1010 Agenda Item 8b BIAS Software Master Sub. Agrmt. Page 11 of 11 MASTER SUBSCRIPTION AGREEMENT h.Software packages, applications and interfaces selected by Licensee, listed on Attachment A: Purchase Order as licensed Modifications and Licensor Modifications provided by Licensor to Licensee. i.5²¤± - ³¤±¨ «² means all written and electronic documentation, manuals and materials provided by Licensor to Licensee for use in connection with the Software. j.3¤¢´±¨³¸ +¤¸¶®±£² All Licensed Modules have confidential user-rights keywords assigned to them, and the Licensee agrees not to disclose these keywords to any Third Party. Master Subscription Agreement | BIAS Software Page 6 of 6 v.7.1010 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 1 of 22 City of Yelm STAFF REPORT To:Mayor J.W. Foster Yelm City Council From:Patrick T. Hughes, Public Works Projects Manager Date:May 29, 2018 (for June 12, 2018 City Council Meeting) Subj:Professional Services Agreement for Skillings Connolly, Inc. Cochrane Park Wetland Park Reconstruction Attach:Professional Services Agreement including Scope and Budget Recommendation Authorize Mayor Foster to sign a contract with Skillings Connolly, Inc. in the amount of $20,252.00 for evaluating various options for the reconstruction of the wetland cells for Cochrane Park. Background Since 1998 when the park was constructed, the wetland plants in Cochrane Park have flourished and have become overgrown with standing dead and decaying vegetation. The increase of vegetation is reducing the function of the wetlands, especially the subsurface flow wetland cell. The wetland cell was designed with a hydraulic capacity of 50,000 gallons per day, the discharge quantity required by permit. Currently the water surface in this cell is above the cell media, resulting in water backing up in the fish pond and changing the hydraulic profile of the wetland complex. There is concern that the extensive growth of cattails and other invasive plant species in all of the cells may have damaged the pond liners. If so, the ponds may be leaking. The infiltration rates in the Rapid Infiltration Basins (RIBs) have declined over the years. Attempts to rejuvenate the RIBs have been marginally successful. When the RIBs were first constructed, water spread on the surface percolated into the basin within in the first few feet. However, in recent times, water has been observed ponding several inches deep in each of the RIBs. Current Situation Public Works met with Skillings Connolly, Inc., the firm that originally designed the wetland ponds, in late April to discuss the current situation and tour Cochrane Park. Skillings Connolly, Inc. was asked to assemble a Scope of Work and Budget for evaluating the options to reconstruct the wetland cells and RIBs located at Cochrane Park Wetland Park. May 29, 2018 Staff ReportPage 1 of 2 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 2 of 22 The work will be accomplished in phases, with the first phase including document research, field survey and meetings with the City and the Washington State Department of Ecology (ECY). Upon completion of this first phase, a scope of work for Phase 2 will be developed based on the outcome of Phase 1 and input from the ECY and the City. May 29, 2018 Staff ReportPage 2 of 2 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 3 of 22 /źƷǤƚŅĻƌƒ PublicWorksDepartment PhysicalAddress:901RhotonRoadSE MailingAddress:105YelmAveWest Yelm,WA98597 (360)4588406Fax:(360)4588417 Web:www.ci.yelm.wa.us H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 4 of 22 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 5 of 22 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 6 of 22 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 7 of 22 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 8 of 22 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 9 of 22 Kvof32- Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 10 of 22 EXHIBITͻ!ͼ SERVICES CityofYelm CochraneParkReconstruction ScopeofWork May8,2018 2.A.1General CochraneMemorialParkisaconstructedwetlandparkusingClassAReclaimedwatersuppliedfromthe /źƷǤ͸ƭWaterReclamationFacility.Thecurrentflowis35GPM,or50,400gallonsperday.Waterentersthe facilityatamoundedinflowstructure,wherewatercascadesdownawaterfeature,throughameandering channelandintothefirstofthreewetlandcells. Theparkwetlandfeaturesconsistofthreewetlandcells,afishpond,andthreerapidinfiltrationbasins (RIB).Reclaimedwaterisdeliveredtothesitewitharesidualchlorinelevelofapproximately0.5mg/l.The terandreducethechlorineresidualthroughvolatilization inletwaterfeaturewasdesignedtoaeratethewa andUVexposure.Thefirstwetlandcell,CellNo.1isa0.46acreͻŅƩĻĻwaterƭǒƩŅğĭĻͼwetlandcellwhose primarypurposeistofurtherreducetheresidualchlorineinthereclaimedwater.Thiscellisapproximately 1.5ft.deep.FromCellNo.1,thewaterflowsintoa0.73acrefishpond,withadepthofabout7feet. Uponexitingthefishpond,waterisdirectedthrougha0.21acreͻƭǒĬƭǒƩŅğĭĻŅƌƚǞͼwetland,witha subsurfacedepthof1.5feet.Theprimarypurposeofthesubsurfaceflowwetlandistoremovenutrients thatwereintroducedintothefishpondfromfeedingoperationsandfishfeces.Waterthenflowsintoafinal wetlandcellwithvaryingdepthof1.5to4.5feetwiththepurposeofprovidingadditionalpolishingpriorto applyingthewatertooneofthreeRIBs.TwooftheRIBsaresurfacepondfeatures,whilethethirdis locatedbeneaththeparkinglotasinfiltrationtrenches.EachRIBwasdesignedtoinfiltratethe50,000gpd inflow,plusthe100yearrainevent.Fortreatmentpurposesandlongtermoperation,flowtotheRIBs weredesignedtorotateevery37dayswhichallowedthebasinstodryoutandaerate. 2.A.2Problem Since1998whentheparkwasconstructed,thewetlandplantshaveflourishedandhavebecome overgrownwithstandingdeadanddecayingvegetation.Theincreaseofdecayingbiotaisreducingthe functionofthewetlands,especiallythesubsurfaceflowwetlandcell.Thewetlandcellwasdesignedwitha acityof50,000GPD.Currentlythewatersurfaceinthiscellisabovethecellmedia,resulting hydrauliccap inwaterbackingupinthefishpondandchangingthehydraulicprofileofthewetlandcomplex. TheCityisconcernedtheextensivegrowthofcattailsandotherinvasiveplantspecies,inallofthecellsmay havedamagedthepondliners,andifso,thepondsmaybeleaking. TheinfiltrationratesintheRIBshasdeclinedovertheyears.Attemptstorejuvenatethebasinshavebeen marginallysuccessful.WhentheRIBswerefirstconstructed,waterspreadonthesurfacepercolatedinto thebasinwithininthefirstfewfeet.Inrecenttimes,waterhasbeenobservedpondingseveralinchesdeep eachoftheRIBs.TheundergroundRIB,locatedundertheparkinglot,hasnotbeenusedinseveralyears andisassumedtobestillfunctioning.However,becauseofthehighsuspendedsolidsgeneratedfromthe wetlands,theundergroundRIBźƭƓ͸Ʒusedduetoconcernsofunrecoverableclogging. H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 11 of 22 2.A.3ScopeofWork TheCityofYelm,(Client)desirestoretainSkillingsConnolly,Inc.(Firm)toevaluatetheoptionsto reconstructthewetlandcellsandRIBslocatedatCochraneParkWetlandPark.Theworkwillbe accomplishedinphases,withthefirstphaseincludingdocumentresearch,fieldsurveyandmeetingswith teDepartmentofEcology(ECY).Uponcompletionofthefirstphase,theFirmwill CityandWashingtonSta developthescopeofworkforPhase2basedontheoutcomeofPhase1andinputfromtheECYandCity. PHASE1DocumentandFieldReviewandMeetings DocumentResearch Task1 Researchthedesigndocumentsandengineeringreportfortheoriginalconstruction.(Document Research). Task2SurveyProjectSetUp TaskDescription: 1.Researchavailablerecordsfordeeds,mapsandsurveycontrol. 2.Establishsurveyplanandprovidefieldcrewwithinstruction. Deliverables: Surveyplanforfieldcrew(inhouse). Task3FieldSurvey TaskDescription: 1.Locatecontrollingmonuments. 2.IdentifyelevationsatthewaterleveloftheexistingpondsonSite. Deliverables: Fielddata(inhouse) Task4OfficeWork TaskDescription: 1.QA/QCFieldsurveynotesanddata. 2.Preparesurveyreport. 3.Progressreportandinvoicepreparation. Deliverables: Reportcontainingfieldresults. Task5OperationalReview H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 12 of 22 Assumptions: NoevaluationwillbeincludedofthesubsurfaceRIBatthistime. TaskDescription: 1.Conductfieldreviewandsurveytodeterminehowtheexistingwetlandcellsarehydraulically functioning. 2.ConductfieldreviewofthetwosurfaceRIBs.DigTestholesandevaluatethesoilprofilewithinthe twosurfaceRIBs.NoevaluationwillbeincludedofthesubsurfaceRIBatthistime. 3.ReviewtheoperationalstatusoftheexistingRIBrotationalcontrolvalves 4.TheFirmwillprepareaReportofthefindingsofthedocumentresearch,fieldsurveyandhydraulic evaluationoftheCochraneParkwetlandcells. Deliverables: Fieldnotesanddraftreportonexistingoperationwithsketchesandincluderecommendationfor improvementsoroperation. Task6Meetings 1.MeetwiththeClienttoevaluateoptionstoeitherreconstructthefacilitybacktooriginaldesign parameters,orinthealternative,increasetheflowratesthroughthewetlandcellsandRIBs. 2.MeetwithECYtodiscussreporting/designrequirementsforthereconstruction/repairorupgrades tothewetlandfacility. Deliverables: Meetingminutes Task7ReportPreparation/DevelopPhase2ScopeofWork Assumptions: TheworkanticipatedinPhase2willbenegotiatedwiththeClientasadditionalservicesandwillbe addedtotheagreementbysupplementoraddendum. BasedontheoutcomeofmeetingswithClientandDOE,theFirmwillprepareadetailedscopeof workandfeeproposalforthedesignphaseofthework. 2.A.4ENDPHASE1SCOPEOFWORK Preparedby:ThomasE.Skillings,PE05/08/2018 Reviewedby:PatrickE.Skillings,PMP05/08/2018 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 13 of 22 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 14 of 22 2 PROJECT SURVEY 18113 MAN ADMINISTRATOR PRINCIPAL CITYOFYELM TECHNICIAN ENGINEER PROJECT CHARGE COCHRANEPARKRECONSTRUCTION SURVEY MANAGER PHASE1EXISTINGSYSTEMEVALUATION ENGINEER IN CREW TASK# TASKDESCRIPTION 1DOCUMENTRESEARCH Researchthedesigndocumentsand 1engineeringreportfortheoriginalconstruction248 (DocumentResearch). 2SURVEYPROJECTSETUP Researchavailablerecordsfordeeds,maps, 11 andsurveycontrol. Establishsurveyplanandprovidefieldcrew 211 withinstruction 3FIELDSURVEY 1Locatecontrollingmonuments.4 Identifyelevationsatthewaterlevelofthe 224 existingpondsonsite. 4OFFICEWORK 1QA/QCFieldsurveynotesanddata.21 2Preparesurveyreport.21 3Progressreportandinvoicepreparation.11 5OPERATIONALREVIEW Conductfieldreviewandsurveytodetermine 1howtheexistingwetlandcellsarehydraulically444 functioning. ConductfieldreviewofthetwosurfaceRIBs. Digtestholesandevaluatethesoilprofile 2424 withinthetwosurfaceRIBs.bƚĻǝğƌǒğƷźƚƓǞźƌƌ ĬĻźƓĭƌǒķĻķƚŅƷŷĻƭǒĬƭǒƩŅğĭĻwL.ğƷƷŷźƭƷźƒĻ͵ Reviewtheoperationalstatusoftheexisting 324 RIBrotationalcontrolvalves. TheFirmwillprepareaReportofthefindings ofthedocumentresearch,fieldsurvey,and 442168 hydraulicevaluationoftheCochranePark wetlanddells. 6MEETINGS MeetwiththeClienttoevaluateoptionsto eitherreconstructthefacilitybacktooriginal 1designparameters,orinthealternative,44 increasetheflowratesthroughthewetland cellsandRIBs. H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 15 of 22 2 PROJECT SURVEY 18113 MAN ADMINISTRATOR PRINCIPAL CITYOFYELM TECHNICIAN ENGINEER PROJECT CHARGE COCHRANEPARKRECONSTRUCTION SURVEY MANAGER PHASE1EXISTINGSYSTEMEVALUATION ENGINEER IN CREW TASK# TASKDESCRIPTION MeetwithECYtodiscussreporting/design 2requirementsforthereconstruction/repairor44 upgradestothewetlandfacility. REPORTPREPARATION/DEVELOPPHASE2 7 SCOPEOFWORK DevelopPhase2SOWbasedonoutcomeof 2422 Phase1 HOURSPERDISCIPLINE32164610483 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 16 of 22 NEGOTIATEDHOURLYRATE(NHR): Man x= ClassificationHoursRateCost 32 x$209.74= PRINCIPALINCHARGE$6,711.74 16 x$177.40= PROJECTENGINEER$2,838.44 46 x$107.60= ENGINEER$4,949.82 10 x$93.06= TECHNICIAN$930.64 4 x$133.78= SURVEYMANAGER$535.12 8 x$251.04= 2MANSURVEYCREW$2,008.31 3 x$96.20= PROJECTADMINISTRATOR$288.61 119 TotalHours=TotalNHR=$18,262.67 REIMBURSABLES: x= Mileage100$0.545$54.50 x= MiscellaneousExpenses$85.0010%$93.50 TotalExpenses=$148.00 SUBCONSULTANTCOST(SeeExhibitE): x Geotechnical$0.0015%=$0.00 x Subconsultant1$0.0010%=$0.00 TotalSubconsultants=$0.00 SUBTOTAL(NHR+REIMBURSABLES+SUBCONSULTANTS): $18,410.67 SubTotal= MANAGEMENTRESERVEFUND: SUBTOTAL=$18,410.67 x 10%=MRF=$1,841.07 GRANDTOTAL GRANDTOTAL=$20,252 PREPAREDBY:ThomasE.Skillings,PE DATE:05/08/2018 REVIEWEDBY:PatrickE.Skillings,PMP DATE:05/08/2018 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 17 of 22 ItemDescriptionBasisQuantityRateTotal 1TelephoneMonth$0.00 2AutoRentalEach$0.00 3LodgingDay$0.00 4PerDiemMealDay$0.00 5PhotoCopiesBlk&WhiteEach100$0.10$10.00 6PhotoCopiesColorEach$0.35$0.00 7HalfSizedPrintsEach50$0.50$25.00 8FullSizedPrintsEach$6.00$0.00 9PostageMonth$0.00 10ShippingMonth$0.00 11FAXsEach$0.00 12MiscellaneousProjectCostsMonth1$50.00$50.00 13MiscellaneousSurveyCostsEstimated$0.00 14TrafficControlEstimated$0.00 TotalMiscellaneousExpenses$85.00 MileagePerMile1000.545$54.50 TotalExpenses$139.50 Assumptions 1TelephoneEstimated 2AutoRentalEstimatedtrips 3MileageEstimatedmiles 4Lodging 5PerDiemMeal 6PhotoCopiesBlk&WhiteEstimated 7PhotoCopiesColoredEstimated 8HalfSizedPrints 9FullSizedPrints 10PostageEstimated 11ShippingEstimated 12FAXsEstimated 13MiscellaneousProjectCostsEstimated 14MiscellaneousSurveyCostsEstimated 15PurchaseOrderEstimated Preparedby:ThomasE.Skillings,PE5/8/2018 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16 FYIJCJUD Client#: 324969SKILLCON Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park DATE (MM/DD/YYYY) Page 18 of 22 BDPSE TM CERTIFICATE OF LIABILITY INSURANCE 5/11/2018 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). CONTACT PRODUCER NAME: FAX PHONE USI Kibble & Prentice PR 206 441-6300610-362-8530 (A/C, No): (A/C, No, Ext): E-MAIL 601 Union Street, Suite 1000 pl.certrequest@usi.com ADDRESS: Seattle, WA 98101 INSURER(S) AFFORDING COVERAGENAIC # Travelers Property Cas. Co. of America 25674 INSURER A : INSURED XL Specialty Insurance Company 37885 INSURER B : Skillings Connolly, Inc. Travelers Indemnity Company 25658 INSURER C : 5016 Lacey Blvd. SE INSURER D : Lacey, WA 98503 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR (MM/DD/YYYY)(MM/DD/YYYY) INSRWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ AX6805H5600291712/18/201712/18/20181,000,000 DAMAGE TO RENTED $ X1,000,000 CLAIMS-MADEOCCURPREMISES (Ea occurrence) MED EXP (Any one person)$ 10,000 PERSONAL & ADV INJURY$1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE$2,000,000 PRO- X PRODUCTS - COMP/OP AGG$2,000,000 POLICYJECTLOC $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY CBA6752L59412/18/201712/18/20181,000,000 (Ea accident)$ BODILY INJURY (Per person)$ X ANY AUTO OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOS ONLY AUTOS HIREDNON-OWNED PROPERTY DAMAGE $ XX AUTOS ONLY (Per accident) AUTOS ONLY $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION A6805H5600291712/18/201712/18/2018X STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ (WA Stop Gap)1,000,000 N / A OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$1,000,000 If yes, describe under 1,000,000 E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below BProfessionalDPR992248603/02/201803/02/2019$1,000,000 per claim Liability$1,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project #18113, Cochrane Park Rebuild. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to City of Yelm, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Yelm THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 105 Yelm Avenue West Yelm, WA 98597 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD 1of 11of 1 #S23090107/M22631772#S23090107/M22631772SHAZP Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 19 of 22 This page has been left blank intentionally. Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 20 of 22 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 21 of 22 Agenda Item 8c PSA for Skillings Connelly, Inc. for Cochrane Park Page 22 of 22 OHProfitTotalBilling DSC152.89%15%Rate PrincipalinCharge/ProjectManager$72.12$110.2627.36$209.74 ProjectEngineer$47.25$72.2417.92$137.41 Engineer$38.00$58.1014.41$110.51 Technician$32.00$48.9212.14$93.06 Sr.EnvironmentalScientist$61.00$93.2623.14$177.40 ProjectScientist$34.65$52.9813.14$100.77 StaffScientist$30.00$45.8711.38$87.25 SurveyManager$46.00$70.3317.45$133.78 SurveyTechnician$32.00$48.9212.14$93.06 2ManSurveyCrew$86.32$131.9732.74$251.04 ProjectAdministrator$33.08$50.5812.55$96.20 H:\\Department Forms\\Contract Templates\\PSA\\Final PSA Rev BFD 1.5.16