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02 26 2019 Agenda PacketCITY OF YELM Washington CITY COUNCIL AGENDA 2/26/2019 1. CALL TO ORDER/ROLL CALL 2. AGENDA APPROVAL 3. SPECIAL PRESENTATIONS a) None Scheduled 4. PUBLIC COMMENT *Complete a blue speakers card 5. CONSENT AGENDA a) Study Session Minutes for February 5, 2019 b) Regular meeting minutes for February 12, 2019 6. NEW BUSINESS a) Nisqually Jail Service Agreement Authorize Mayor JW Foster to sign the Nisqually Jail Service Agreement effective March 1, 2019 - December 31, 2023. b) Discussion - Former City Hall Update and Council discussion of the next steps regarding the use of the former City Hall building. 7. OLD BUSINESS a) None Scheduled S. UPDATES a Departments — Michael Grayum, City Administrator b) ouncilmembers c) Mayor JW Foster 9. EXECUTIVE SESSION a) None Scheduled 10. ADJOURN 106 2nd ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider MEETING INFORMATION All regular Yelm City Council meetings are recorded. Meetings may be viewed at www.yelmwa.glov or a copy may be purchased by contacting the City Clerk's office at 360.458.8402. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you require reasonable accommodations to participate at a City Council meeting, please contact the City Clerk's office at 360.458.8402 at least four (4) working days prior to meeting. Information on the Americans with Disabilities Act and the Title VI Statement is available at www.yelmwa.gov/human-resources. *The public comment portion of the agenda is an opportunity for the public to address the Council for items that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment on matters listed on the published agenda are welcomed as part of the normal agenda. COMMITTEE AND LIAISON ASSIGNMENTS Mayor JW Foster Councilmember Tad Stillwell Yelm Emergency Operations Board Yelm Public Safety Committee Vice -Chair of Thurston Regional Planning Council Board of Director for Risk Management Service Agency Member of Community Investment Partnership Board member South Sound Military and Community Partnership Councilmember FJ Curry Yelm Public Safety Committee Yelm Finance Committee Member of Solid Waste Advisory Committee Liaison to Yelm Senior Center Liaison to South East Thurston Fire Authority Councilmember Molly Carmody Yelm Planning & Economic Development Committee Yelm Finance Committee Board of Director for Intercity Transit Authority Liaison to Nisqually River Council Councilmember Cody Colt Yelm Planning & Economic Development Committee Yelm General Government Committee Yelm Public Works Committee Member of Thurston County Emergency ervices Yelm General Government Committee Board of Directors of Economic Development Council Yelm Emergency Operations Board Member of Law and Justice Council Councilmember Tracey Wood Yelm General Government Committee Yelm Public Works Committee Member of Transportation Policy Board Administrative Board of Director for TCOMM 911 Councilmember Joe DePinto Yelm Finance Committee Yelm Public Safety Committee Member of South Thurston Economic Development Initiative Councilmember Terry Kaminski Yelm Planning & Economic Development Committee Yelm Public Works Committee Member of Thurston Thrives Page 2 of 2 CITY OF YEL4 CITY COUNCIL AGENDA 2/26/2019 1. CALL TO ORDER/ROLL CALL 2. AGENDA APPROVAL 3. SPECIAL PRESENTATIONS a) None Scheduled 4. PUBLIC COMMENT *Complete a blue speakers card 5. CONSENT AGENDA a) Study Session Minutes for February 5, 2019 b) Regular meeting minutes for February 12, 2019 6. NEW BUSINESS a) Nisqually Jail Service Agreement Authorize Mayor JW Foster to sign the Nisqually Jail Service Agreement effective March 1, 2019 - December 31, 2023. b) Discussion - Former City Hall Update and Council discussion of the next steps regarding the use of the former City Hall building. 7. OLD BUSINESS a) None Scheduled S. U PDATES a) Departments — Michael Grayum, City Administrator b) Councilmembers c) Mayor JW Foster 9. EXECUTIVE SESSION a) None Scheduled 10. ADJOURN 106 2nd ST SE • Yelm, WA 98597. 360.458.3244 • www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider MEETING INFORMATION All regular Yelm City Council meetings are recorded. Meetings may be viewed at y„I„Lr,vJ;g2y or a copy may be purchased by contacting the City Clerk's office at 360.458.8402. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you require reasonable accommodations to participate at a City Council meeting, please contact the City Clerk's office at 360.458.8402 at least four (4) working days prior to meeting. Information on the Americans with Disabilities Act and the Title VI Statement is available at www.yelmwa.gov/human-resources. *The public comment portion of the agenda is an opportunity for the public to address the Council for items that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment on matters listed on the published agenda are welcomed as part of the normal agenda. COMMITTEE AND LIAISON ASSIGNMENTS Mayor JW Foster Yelm Emergency Operations Board Vice -Chair of Thurston Regional Planning Council Board of Director for Risk Management Service Agency Member of Community Investment Partnership Board member South Sound Military and Community Partnership Councilmember EJ Curry Yelm Public Safety Committee Yelm Finance Committee Member of Solid Waste Advisory Committee Liaison to Yelm Senior Center Liaison to South East Thurston Fire Authority Councilmember Molly Carmody Yelm Planning & Economic Development Committee Yelm Finance Committee Board of Director for Intercity Transit Authority Liaison to Nisqually River Council Councilmember Cody Colt Yelm Planning & Economic Development Committee Yelm General Government Committee Yelm Public Works Committee Member of Thurston County Emergency Services Councilmember Tad Stillwell Yelm Public Safety Committee Yelm General Government Committee Board of Directors of Economic Development Council Yelm Emergency Operations Board Member of Law and Justice Council Councilmember Tracey Wood Yelm General Government Committee Yelm Public Works Committee Member of Transportation Policy Board Administrative Board of Director for TCOMM 911 Councilmember Joe DePinto Yelm Finance Committee Yelm Public Safety Committee Member of South Thurston Economic Development Initiative Councilmember Terry Kaminski Yelm Planning & Economic Development Committee Yelm Public Works Committee Member of Thurston Thrives Page 2 of 2 YELM CITY COUNCIL STUDY SESSION TUESDAY, FEBRUARY S, 2019 6:00 P.M. PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 p.m. 2. Present: Councilmembers: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, and Terry Kaminski. Joe DePinto arrived at 6:06 p.m. Staff present: City Administrator Michael Grayum, Police Chief Todd Stancil, Court Administrator Sonia Ramirez, Public Works Director Chad Bedlington, and City Clerk & HR Manager Lori Mossman. 3. a. Presentation by the Pacific West Athletic Center Doug Martin, Chairman/CEO-PWAC and Dustin Ritchie, Vice Chairman-PWAC explained that the Pacific West Athletic Center is a proposed facility for providing athletic training, talent development, and performance diagnostics to athletes in the Pacific Northwest Region. They also shared why Thurston County and why Yelm would be a great location for this facility. 3. b. Jail Contract Update Todd Stancil, Chief of Police updated the Mayor and Council on the proposed changes to the new Jail Contract. The rates have increased slightly over a five-year period. An updated Jail Contract will come to Council later in February for their approval. 3. c. Continued Council discussion about utilization of the former City Hall Discussion ensued about the use of the old building including a Veteran's Hub and the Boys and Girls Club and/or a combination of both groups. The General Government Committee will put together a proposal for Council discussion on February 26, and approval at a future Council meeting. 3. d. Continued Council discussion about the 640 Acres zoned master plan community of which the property owner has 1 year to pay all principle, interest and penalties due to the LID to redeem the property Council discussed the 640 Acres and the financial responsibilities of the City of Yelm and the possibilities for that property. 4. Mayors Report Mayor Foster received a compliment from the Public Works Department has done c spell. The Yelm Police Department had League of Women Voters will hold a mee the history and usage of water in Yelm. Tr 2019 at the Yelm Community Center. Superintendent Brian Wharton on the great job that i keeping the roads safe for travel during this cold heir first Narcan save last Saturday morning. The ing on March 19, at the Yelm Community Center on ere will be a Yelm Prairie Days meeting February 13, S. Council Initiatives Councilmember Tracey Wood voiced concerns about garbage in the empty lots behind Goodwill and the Dollar Tree. Councilmember Joe DePinto would like to maintain the Library services and believes they provide many good services to the community. The first Homelessness Task Force meeting went very well and the next meeting will be March 19, at City Hall at 5:30 pm. Councilmember Tad Stillwell agreed with Councilmember DePinto about the Library and would like to discuss their location. Councilmember Terry Kaminski received many emails regarding the Proposed Bio solids Site in Thurston County. Adjourn 7:45 p.m. Attest: JW Foster, Mayor Lori Mossman, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.yelmwa.gov. YELM CITY COUNCIL TUESDAY, FEBRUARY 12, 2019 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA Mayor Foster called the meeting to order at 6:00 p.m. Roll Call Present: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, Joe DePinto and Terry Kaminski. 2. Agenda Approval 19-012 MOTION BY MOLLY CARMODY TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY CODY COLT. 7-0, MOTION CARRIED. 3. Special Presentations Student of the Month - Cody Johnston, January 2019. Introduction of NEW City of Yelm Civil Review Engineer, Derek McCoy. 4. Public Comment Sandra Manwiller, Co-chair of Citizens for Support of Yelm Schools stated that tonight is the night to find out the preliminary results of the school bond and official results will be certified on February 22, 2019. Sandra also updated council on upcoming bills to decrease super majority passage. Ed Kenney spoke about the Fire Mountain Farms Biosolids land application site proposed near Yelm and urged council to speak out against it. Steve Slater, life member of the VFW encouraged council to support the VFW being able to use the old City Hall facility. Scott Bannister, Joseph Brumbles, Matt Howe, Mark Jensen, Matt Marshall and Tim Webb all spoke in support of the preservation of our second amendment rights and oppose Initiative 1639. 5. Consent Agenda a. January 22, 2019 Regular Meeting Minutes. 19-013 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA AS PRESENTED. SECONDED BY EJ CURRY. 7-0, MOTION CARRIED. 6. New Business a. Construction Award - Ft. Stevens Elementary Pedestrian Improvements Authorization to award Ft. Stevens Elementary Pedestrian Improvements bid and allow Mayor Foster to enter into a construction contract with Northwest Cascade, Inc. 19-014 MOTION BY TRACEY WOOD TO AUTHORIZE MAYOR JW FOSTER TO AWARD THE PROJECT TO AND SIGN THE CONSTRUCTION CONTRACT WITH NORTHWEST CASCADE, INC. OF PUYALLUP, WA IN THE NOT TO EXCEED AMOUNT OF $4SS,387.12. THIS AMOUNT IS NOT INCLUSIVE OF SALES TAX. SECONDED BY MOLLY CARMODY. 7-0 MOTION CARRIED. 7. Old Business - none scheduled 2-12-19 S. UPDATES— City Administrator Michael Grayum - • Appreciation to Public Works and Police Department staff for the tremendous job they did during the recent snow event. • Due to weather issues water shut -offs, regularly scheduled for Wednesday, February 13 have been rescheduled for Thursday, February 14th. Councilmember Curry attended the South East Thurston Fire Authority meeting and reported that they approved their review of the chief during an executive session and they had a 17 percent increase in calls due to the weather. Also, reporting that she spent time calling on the school bond. Councilmember Carmody attended the Economic Development meeting talked about the Downtown Corridor Project being reviewed by the City of Yelm Planning Commission for any changes and then will send it to council for action. Other topics discussed, water rights and the watershed mitigation plan. Intercity Transit General Manager reporting current transit service schedules due to inclement weather and congratulating Public Works on keeping the roads clean and clear. Councilmember Colt attended the Economic Development meeting. Reported that he is working with Michael Grayum on the Pacific West Athletic Complex. General Government Committee will be meeting next Tuesday to discuss old City Hall. Councilmember Stillwell attended the Thurston County Emergency Management Executive Seminar. Thanked Public Works for keeping the schools parking lots cleared. Councilmember Wood TCOMM meeting rescheduled and the Transportation Policy Board meeting cancelled. Councilmember DePinto attended the Thurston County Economic Development Council meeting for Councilmember Stillwell. Yelm Public Safety is coming up in the next couple of weeks and the Homelessness Task Force meeting is next week. AWC Action Days have been cancelled. Questioned who will be officiating the next council meeting with the Mayor and Mayor Pro Tem absent. City Clerk will call the meeting to order and will ask the council who will be running the meeting. Councilmember Kaminski attended Economic Development meeting. Yelm Public Works Committee meeting was cancelled and Thurston Thrives is rebooting for the New Year. Asked Chief Stancil if there were any requests from Yelm homeless to be taken to shelters. Chief Stancil reported that officers offered transport and bus tickets to homeless and no one accepted. Mayor Foster stated that there have been many organizations canceling meetings. The Mayor stated that he implemented two parts of our snow weather policy on Friday afternoon, allowing employees to leave early to get home safe. Monday, employees were informed they could use the snow weather policy to stay home and use their vacation time or comp time to stay safe. Thanks to Johnny Edwards, Tyler Harper and Eric Kolb for the tremendous job they did in keeping our streets clear. Integrated Emergency Management exercise will be held, bring back some long term considerations for the survival of the greater community. It's not just our Public Works crew and law enforcement that did a great job during the snow event but when an opportunity arises to serve our citizens even the City Administrator and Police Chief get involved. The Mayor received a call from a woman that was fearful of her neighborhoods condition and could not get 2-12-19 to her mailbox or her car. Before the Mayor could do anything the City Administrator and Police Chief had shovels in hand and cleared her driveway for her. Nicely done guys. 9. Executive Session - none scheduled 19-01S MOTION BY CODY COLT TO ADJOURN. SECONDED BY MOLLY CARMODY 7-0, MOTION CARRIED. 10. Adjourned at 7:15 p.m. Attest: JW Foster, Mayor Lori Mossman, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.yelmwa.gov. 2-12-19 To From Date Mayor JW Foster Yelm City Council City of Yelm Sonia Ramirez, Yelm Court Administrator February 21, 2019 (for February 26th, 2019 City Council meeting) Subj: Nisqually Jail Service Agreement Recommendation Authorize Mayor JW Foster to sign the Nisqually Jail Service Agreement effective March 1, 2019 — December 31, 2023. Background The City of Yelm has had a service agreement in place with the Nisqually Jail for more than 15 years. This agreement allows the City of Yelm to secure misdemeanor offenders within the Nisqually Jail, a location that is convenient to the police department. The jail agreement with the Nisqually Jail has been beneficial in reduced jail bed costs for the city as well as significantly reduced drive time for the officers. Current The current contract will expire March 1, 2019. The new contract has been reviewed and provided by the Nisqually Tribe for your approval and has been developed by Yelm City Attorney Brent Dille with recommendations from Association Washington Cities. The new contract ensures City of Yelm Inmates receive appropriate care while incarcerated at the Nisqually Jail Facility. The daily bed rate will increase to $95.00 per day for 2019. The increased daily bed rate is associated to the increased medical services provided by the Nisqually Jail and a restructuring of their billing procedures. Annual adjustments to the daily rate will be determined based on the prior year average increase in the Seattle - Tacoma -Bellevue CPI -U (Consumer Price Index). The new contract will provide and remain at three (3) guaranteed beds per day through the term of the contract. NIS UALLYJAIL,SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this day of , 2019, by and between the Nisqually Indian Reservation, a Federally Recognized Indian Tribe, hereinafter referred to as "Nisqually" and the City of Yelm, hereinafter referred to as "Yelm." This agreement is for the housing of inmates of Yelm in the Nisqually Detention and Corrections Center hereinafter referred to as "jail" pursuant to Chapters 39.34 and 70.48 RCW. THE PARTIES HEREBY AGREE as follows: SERVICE. Nisqually shall care for prisoners placed in the custody of officers of the Nisqually Jail and cooperate with the City to arrange for video hearings. The term "prisoner" shall include any person arrested, sentenced by the court or held under authority of any law or ordinance of Yelm; provided, that the Nisqually Police Chief or the Nisqually Corrections Director shall have the right to refuse to accept custody if in his opinion that would result in overcrowding of the jail, or health, safety or security risks. 2. CARE. "Care" shall mean to provide room and board; to provide for the prisoner's physical needs; to retain the prisoner in custody; and to supervise and maintain proper discipline and control. In addition, prisoners housed pursuant to this agreement shall be subject to the same rules and regulations required of other prisoners housed in the Nisqually jail. Such rules and regulations shall comport with Washington state law, and federal law regarding issues of civil rights and due process of prisoners. DURATION OF CONTRACT. The term of this agreement shall be for five (5) years, beginning January 1, 2019. The agreement may be terminated without cause by either party by providing the other party with thirty (30) days written notice. Notice shall be deemed proper when provided to: Yelm: City of Yelm Michael Grayum, City Administrator 105 Yelm Ave W Yelm, WA 98597 Nisqually: Sharlaine Revey, Chief Executive Officer 4820 She-Nah-Num Dr. S.E. Olympia, WA 98513 4, RELEASE. Prisoners will only be released when they have served their full time unless release is authorized by any other provision of this agreement or is ordered by a court of competent jurisdiction. 5. GUARANTEED MINIMUM BED SPACE. Nisqually guarantees that three beds per day shall be dedicated to Yelm for its prisoners. Jail Services Agreement Between Nisqually and Yelm Page 1 Nisqually Yelm GUARANTEE TO PAY FOR MINIMUM BIND SPACE. Yelm agrees to pay to Nisqually a rate of $95.00 per bed per day totaling $285.00 per day in exchange for Nisqually's guarantee of three (3) available beds per day. Any adjustments to the daily rate will be determined based on the prior year (12 -month average) increases in the Seattle -Tacoma -Bellevue CPI -U (Consumer Price Index) and calculated as more fully set forth in Exhibit B, attached hereto as though fully set forth herein. 6. RATE/PAYMMC+I'T. Yelm shall pay to Nisqually the amount of $285.00 per day for the three guaranteed beds, and $95.00 per day per prisoner for care for any and all prisoners beyond the guaranteed three -bed minimum. Unless as otherwise provided herein, Yelm shall not be chard a booking fee. A "day" is the twenty-four hour period beginning at 12:00 a.m. and ending at 11:59 p.m. in the Pacific Time Zone. For any prisoner booked into the Nisqually Jail for less than two (2) hours of custody time, Yelm shall only be charged a booking fee of $20, rather than the day rate. Nisqually will submit a monthly invoice to Yelm for the guaranteed minimum bed spaces as well as additional prisoners housed pursuant to this agreement. Yelm shall pay such invoices within 30 days of receipt. Interest at the rate of 12% per annum shall be charged on all past due accounts. Without prejudice to any other contract rights available to it, if Yelm does not pay the invoice with Sixty (60) days of receipt of invoice, Nisqually acting through its Police Chief, will not accept prisoners until the delinquent amount is paid in full. 7. MEDICAL CARE. Each party shall be responsible for the medical care and medical expenses of prisoners housed pursuant to this agreement as listed in Exhibit A, attached hereto and incorporated herein; provided that if the prisoner has his or her own medical coverage, Nisqually will coordinate with Yelm so that such insurance may be utilized. In the event that a prisoner requests non -urgent medical care, Nisqually shall contact Yelm for approval. Yelm shall provide Nisqually with the names and telephone numbers of designated contact people who shall be available on a twenty-four hour basis. Failure of Yelm to approve medical care shall relieve Nisqually of liability to Yelm for any injury resulting therefrom. In the event that Nisqually deems a prisoner to be in need of urgent or emergency care, Nisqually shall make the best efforts to contact Yelm, but may take any action it deems necessary to provide the prisoner with the needed care without obtaining prior approval. To the extent permitted by state law, Yelm shall protect, defend, hold harmless and indemnify Nisqually from and against all claims, suits and actions relating to the medical care of prisoners housed under this agreement which result from the failure of Yelm to approve such care or for any reason other than injuries and harm resulting from the negligent or intentional acts or omissions of Nisqually or its officers. 8. TRANSPORTATION. Yelm shall be solely responsible for furnishing transportation for prisoners housed pursuant to this agreement. Yelm may request that Nisqually provide necessary transportation and Nisqually shall make best efforts to provide such transportation, subject to staff availability. Yelm shall reimburse Nisqually for costs Jail Services Agreement Between Nisqually and Yelm Page 2 Nisqually Yelm incurred for transportation. Such costs shall include mileage at the rate of $1.00 per mile, labor and overhead (.5 x labor). Nisqually shall not transport any prisoner without the express agreement of Yelm unless such transportation is required by a court order or because of a medical emergency. 9. CUSTODY TRANSFER. Officers of Yelm placing a prisoner in custody of Nisqually will be required to remain in the immediate presence of the prisoner at all times until relieved of custody by Nisqually Corrections Staff. Booking out and/or release of Yelm's prisoners shall be the responsibility of Yelm Officers. 10. CITY ACCESS TO PRISONERS. All Yelm police officers and investigators directed by the Yelm City Attorney shall have the right to interview the prisoner inside the confines of the Nisqually Jail subject only to necessary security rules. Interview rooms will be made available to Yelm police officers in equal priority with those of any other department, including the Nisqually law enforcement personnel. 11. RELEASE OF YELM PRISONERS FROM NIS UALLY, No Yelm Prisoner confined in the Nisqually Jail shall be removed therefrom except: a. When requested by Yelm Police Department in writing; b. By Order of the Yelm Municipal Court in those matters in which they have jurisdiction, or upon Order of the Thurston County District Court or the Thurston County Superior Court in those matters in which said courts have jurisdiction; C. For appearance in the court in which a Yelm prisoner is charged; d. In compliance with a writ of habeas corpus; e. For interviews by the Yelm prosecuting attorney, Yelm appointed public defender, or member of the Yelm Police Department; f. If the prisoner has served his sentence or the charge pending against said prisoner has been dismissed or bail or other recognizance has been posted as required by the courts. 12. INDEMNIFICATION. Yelm shall protect, defend, save harmless and indemnify Nisqually, its officers, agents and employees, from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Yelm in performance of this agreement. Nisqually shall protect, defend, save harmless and indemnify the City of Yelm, its officers, agents and employees from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Nisqually in performance of this agreement. 13. INSURANCE. Each party shall obtain and maintain occurrence based insurance that provides liability coverage in the minimum liability limits of three Million Dollars ($3,000,000.00) per occurrence and three Million Dollars ($3,000,000.00) in the aggregate for its conduct in creating liability exposure related to the confinement of inmates, including general liability, errors and omissions, auto liability and police Jail Services Agreement Between Nisqually and Yelm Page 3 Nisqually Yelm professional liability. The insurance policy(ies) shall provide coverage for any liability occurrence during the policy period, regardless of when any claim or law suit is filed. Further, Nisqually will name the City of Yelm, its officers and employees as Additional Insureds, and Yelm will name the Nisqually Indian Tribe, its officers and employees as Additional Insureds for any acts or omissions by the City of Yelm creating liability exposure in the performance of this agreement. 14.1 CERTIFICATE OF INSURANCE: Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations set forth above. A copy of the certificate shall be provided annually and for the duration of this agreement. 14. CHOICE OF LAW. This Agreement shall be interpreted under the laws of the state of Washington. 15. DISPUTE RESOLUTION. If either party disputes any portion of an invoice or alleges that the other party is in breach of this Agreement, they will provide the other party written notice within thirty days. The notice shall detail the amount in question and the grounds for withholding all or a portion of the amount billed or any other basis for the dispute. Authorized representatives of each party shall attempt to resolve the dispute by negotiation within thirty days of notification. If such negotiation is unsuccessful the parties shall apply to Judicial Arbitration and Mediation Service (JAMS) or such other alternate dispute resolution services as the parties may agree, for the appointment of an arbitrator whose decision shall be final and binding on the parties. Each party shall be responsible for paying one-half of the arbitrator's fees. The arbitrator shall have the power to award legal fees to the prevailing party. The arbitrator shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. Jail Services Agreement Between Nisqually and Yelm Page 4 Nisqually Yelm 16. LIMITED WAIVER OF IMMUNITY. Nisqually expressly and irrevocably waives any sovereign immunity it has from suit for causes of action with respect to the obligations evidenced by this Agreement and consents to be sued in the Washington state courts of general jurisdiction to enforce the terms of the Agreement, or to compel or enforce arbitration as described below. Nisqually agrees that it will not raise sovereign immunity as a defense in any legal action brought to enforce the terms of this Agreement. This waiver shall survive expiration or termination of this Agreement. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties, and may be changed only by an agreement in writing signed by the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement on this date, the day of _.....................�% 2019. CITY OF YELM: J.W. Foster, Mayor Attest: Lori Mossman, City Clerk Approved as to legal form only: Yelm City Attorney NISQUALLY TRIBE.: Sharlaine Revey, Chief Executive Officer Jail Services Agreement Between Nisqually and Yelm Page 5 Nisqually Yelm EXHIBIT A MEDICAL EXPENSES NISQUALLY TRIBE SHALL BE RESPONSIBLE FOR: - Initial Screening - Intake Screening - Nurse Sick Call - Physician Sick Call - Physical if housed longer than 14 days - Routine lab work that can be completed in the facility - Routine medications, other than biologicals / non -formulary medications - Mental health assessments and basic services that can be provided in facility CITY OF YELM SHALL BE RESPONSIBLE FOR: - Pre -booking - Urgent Care Facility Visits - Emergency Room Visits - Hospitalizations Non -Formulary / Biological Medications Ultra Sounds - Ambulance Services - Body Cavity Collection of Evidence / Searches - OBGYN Care / Prenatal Care - Vision - Mental Health - Long Term Care Auxiliary lab work and X -Rays Dental - Lacey Fire Response - Other Specialty Services - All services provided outside the facility Jail Services Agreement Between Nisqually and Yelm Page 6 Nisqually Yelm EXHIBIT B CPI CALCULATION On the first (1St) day of the anniversary of this agreement, the daily bed rate may adjust by the percentage increase in the Consumer Price Index over the immediately preceding twelve (12) months, as calculated using the Consumer Price Index for the then most current month for which the Consumer Price Index is available. As used herein, "Consumer Price Index" means the Consumer Price Index, for All Urban Consumers — Seattle — Tacoma — Bellevue, WA, All Items (based index year 1982-84 = 100), as published by the United States Department of Labor, Bureau of Labor Statistics. If the manner in which the Consumer Price Index is determined by the Bureau of Labor Statistics shall be substantially revised, including without limitation, a change in the base index year, an adjustment shall be made in such revised index which would produce results equivalent, as nearly as possible, to those which would have been obtained if the Consumer Price Index had not been so revised. If the Consumer Price Index shall become unavailable to the public because publication is discontinued, or otherwise, or if equivalent data is not readily available to enable the Nisqually to make the adjustment referred to in the preceding sentence, then the Nisqually will substitute therefor a comparable index based upon changes in the cost of living or purchasing power of the consumer dollar published by any other governmental agency or, if no such index shall be available, then a comparable index published by a major bank or other financial institution or by a university or a recognized financial publication. Jail Services Agreement Between Nisqually and Yelm Page 7 Nisqually Yelm