LACEY CITY COUNCIL AGENDA DECEMBER 1, :00 P.M. 420 COLLEGE STREET, LACEY CITY HALL

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1 CITY COUNCIL ANDY RYDER Mayor CYNTHIA PRATT Deputy Mayor VIRGIL CLARKSON JEFF GADMAN LENNY GREENSTEIN JASON HEARN MICHAEL STEADMAN CITY MANAGER SCOTT SPENCE LACEY CITY COUNCIL AGENDA DECEMBER 1, :00 P.M. 420 COLLEGE STREET, LACEY CITY HALL CALL TO ORDER: 1. PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA & CONSENT AGENDA ITEMS* A. Council meeting minutes of November 3, 2016 B. Council meeting minutes of November 10, 2016 C. A motion to approve payment of claims, wages, and transfers for 11/09/2016 through 11/23/2016. * Items listed under the consent agenda are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 3. PUBLIC RECOGNITIONS AND PRESENTATIONS: A. Senator Fraser Flag Presentation (Sen. Karen Fraser) B. GRUB Report (Gabriel Marks & Jackson Sillars) 4. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA* *The City Council will allow comments under this section on items NOT already on the agenda. Where appropriate, the public will be allowed to comment on agenda items as they are addressed during the meeting. 5. PUBLIC HEARING: A. Final 2017 Budget Hearing (Troy Woo) 6. PROCLAMATION: 7. REFERRAL FROM PLANNING COMMISSION: 8. REFERRAL FROM HEARINGS EXAMINER: 9. RESOLUTIONS: 10. ORDINANCES:

2 11. MAYOR'S REPORT: A. Recommend appointment of Kimberly Goetz to the Historical Commission 12. CITY MANAGER'S REPORT: A. Authorize City Manager to sign Nisqually Jail Service Agreement (Joe Upton) B. Authorize City Manager to sign Agreement with Tumwater Schools for Pool Use (Jen Burbidge) C. Authorize City Manager to sign Cooperative Services Agreement with USDA for Wildlife Services (Scott Egger) 13. STANDING GENERAL COMMITTEE: A.Community Relations (11.07) B. General Government (11.14) 14. OTHER BUSINESS: 15. BOARDS, COMMISSIONS, AND COMMITTEE REPORTS: A. Mayor Andy Ryder: 1. Mayors Forum 2. Transportation Policy Board (TPB) B. Deputy Mayor Cynthia Pratt: 1. Olympic Region Clean Air Agency (ORCAA) 2. LOTT 3. Thurston Thrives C. Councilmember Virgil Clarkson: 1. Economic Development Council (EDC) 2. Health & Human Services Council (HHSC) 3. Thurston Regional Planning Council (TRPC) D. Councilmember Jeff Gadman 1. Intercity Transit (IT) 2. Joint Animal Services Commission (JASCOM) E. Councilmember Lenny Greenstein 1. Olympia-Lacey-Tumwater Visitor & Convention Bureau (VCB) 2. Solid Waste Advisory Committee (SWAC) 3. TCOMM911 F. Councilmember Jason Hearn: 1. Thurston County Coalition Against Trafficking (TCCAT) 2. Lacey South Sound Chamber G. Councilmember Michael Steadman: 1. Community Action Council (CAC) 2. Emergency Medical Services (EMS) 3. Thurston County Law & Justice 16. ADJOURN

3 MINUTES OF A REGULAR MEETING OF THE LACEY CITY COUNCIL HELD THURSDAY, NOVEMBER 3, 2016, IN LACEY COUNCIL CHAMBERS. CALL TO ORDER: PLEDGE OF ALLEGIANCE: COUNCIL PRESENT: STAFF PRESENT: APPROVAL OF AGENDA AND CONSENT AGENDA: Mayor Ryder called the meeting to order at 7:00 p.m. Mayor Ryder led the Pledge of Allegiance. A. Ryder, C. Pratt, V. Clarkson, J. Hearn, L. Greenstein, M. Steadman, J. Gadman S. Spence, D. Schneider, D. Pierpoint, S. Egger, T. Woo, L. Gotelli, J. Burbidge, R. Walk, R. Andrews, P. Edmonds, S. Kirkman Consent Agenda Items: A. Worksession minutes of October 6, B. Council minutes of October 13, C. A motion to approve payment of claims, wages and transfers for October 19, 2016 through October 25, DEPUTY MAYOR PRATT MOVED TO APPROVE THE CONSENT AGENDA AND AGENDA. COUNCILMEMBER GADMAN SECONDED. MOTION CARRIED. PUBLIC RECOGNITION: Jen Burbidge, Parks & Recreation Director, recognized Paul Royer for his service on the Parks Board. Marcy McInelly, Urbsworks, presented the Driehaus Award to the City of Lacey for its Woodland District Form-Based Code. Page 1 of 8

4 PUBLIC COMMENTS: Cheri Reeves Sperr with the YWCA Olympia thanked Council for the use of one of the City s free days at the Washington Center in Their annual Women of Achievement Celebration was held on October 28, PUBLIC HEARING: The City Council is scheduled to adopt the 2017 ad valorem tax ordinance and resolution declaring substantial need on November 10, Mayor Ryder opened the 2017 Revenue Source Hearing at 7:08 p.m. to receive comments on proposed 2017 revenues. Troy Woo, Finance Director, presented the projected property tax revenues for No comments were received. Mayor Ryder closed the public hearing at 7:40 and re-opened the regular Council meeting. Mayor Ryder opened a Public Hearing at 7:41 p.m. to receive comments on the North Thurston Public Schools Marvin Road Annexation petition. Ryan Andrews, Planning Manager, briefed Council on the petition for annexation filed by North Thurston Public Schools using the 60 percent petition method. The petition has been signed by Debra Clemens, Superintendent of the District. It has been verified by the Thurston County Assessor s Office that the signature represents not less than 60 percent of the assessed valuation for general taxation of the property for which the annexation has been petitioned. Page 2 of 8

5 Procedurally, the annexation is required to be sent to the Thurston County Boundary Review Board (BRB) for their review. The application has been sent to the BRB, however, it has been considered incomplete until the City Council holds a public hearing on the application. Once the hearing has been held, the BRB process will begin. If the Boundary Review Board declines to assert jurisdiction, then the application returns to the Council for final consideration in ordinance form. The area proposed for annexation is located in the Hawks Prairie Planning Area and within the Lacey Urban Growth Area west of Marvin Road NE, east of Legacy Drive NE, north of 41st Avenue NE, and south of 44th Avenue NE. The area includes acres in two separate tax parcels. Although, the petition has been signed by North Thurston Public Schools (NTPS), the city-owned parcel to the southeast would also be a part of the application for the purposes of creating logical boundaries and elimination of unincorporated islands. The parcel is acres in size and is planned for a future high school and middle school complex. The second parcel is 2.9 acres in size and is owned by the City of Lacey for purposes of siting a future well. No comments were received. Mayor Ryder closed the public hearing at 7:48 and re-opened the regular Council meeting. COUNCILMEMBER GADMAN MOVED TO FORWARD THE NORTH THURSTON PUBLIC SCHOOLS ANNEXATION PETITION TO THE THURSTON COUNTY BOUNDARY REVIEW BOARD FOR ANNEXATION INTO THE CITY. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED. Page 3 of 8

6 PROCLAMATION: Mayor Ryder and Council proclaimed November 26, 2016, as Small Business Saturday. REFERRAL FROM PLANNING COMMISSION: Ordinance No approves the Woodland District Design Style Guidelines as recommended by the Lacey Planning Commission. The Planning Commission conducted a public hearing on the Woodland District Style Guidelines on September 20. The City received one written comment, which had general concerns about construction type and cost. No verbal comments were received at the hearing. At the conclusion of the hearing, the Planning Commission voted unanimously to recommend adoption of the Woodland District Style Guidelines and associated amendment to LMC to the City Council for adoption. COUNCILMEMBER GREENSTEIN MOVED TO ADOPT ORDINANCE NO TO APPROVE THE WOODLAND DISTRICT DESIGN STYLE GUIDELINES. DEPUTY MAYOR PRATT SECONDED. MOTION CARRIED. ORDINANCES: Ordinance No adopts LMC housekeeping amendments for the 2016 Comprehensive Plan & Development Regulation Update. On August 11, 2016, the City Council adopted the update to the City s Comprehensive Plan and the 2016 slate of amendments to the City s Development Code. In codifying the amendments, Code Publishing (the company that maintains our online municipal code) made staff aware of some slight modifications needed to other sections of the code when the Page 4 of 8

7 Business Park zone was changed to the new Community Office zone. COUNCILMEMBER GADMAN MOVED TO ADOPT ORDINANCE NO TO APPROVE HOUSEKEEPING AMENDMENTS RELATED TO THE 2016 COMPREHENSIVE PLAN & DEVELOPMENT REGULATION UPDATE. DEPUTY MAYOR PRATT SECONDED. MOTION CARRIED. MAYOR S REPORT: Mayor Ryder reported he recently toured the South Sound Habitat for Humanity Community of Deyoe Vista, located across from Komachin Middle School. CITY MANAGER REPORT: Steve Kirkman, Public Affairs Manager, presented Council with a request to authorize the City Manager to sign the Mashell Telecom, Inc. dba Rainier Connect Franchise Agreement. Mashell Telecom, Inc., dba Rainier Connect, based in Pierce County currently offers high-speed internet, cable television, and telephone service to approximately 15,000 customers in Pierce, King, Lewis, and Thurston Counties. They contacted the City and stated its desire to expand its broad-band internet and telecommunications services in the Lacey market area. It does not plan to offer cable television services in the local market. The company has noted it will provide service to Lacey customers on an on demand basis, and does not have identified service routes at this time. The company indicated it will provide route information, and apply for required right-of-way and construction permits, on a case-by-case basis in response to customer need. Page 5 of 8

8 Mashell Telcom, Inc. has indicated its preferred method for providing service to local market customers will be to lease existing capacity from other telecommunications carriers. If that alternative is not available, the company will install wires on existing poles, or in conduit in areas of the city where utilities are underground. DEPUTY MAYOR PRATT AUTHORIZED THE CITY MANAGER TO SIGN THE MASHELL TELECOM, INC. FRANCHISE AGREEMENT. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED. COMMITTEES: Finance Committee: Deputy Mayor Pratt reported the committee met on October 5, 2016, to discuss the 2016 budget amendment ordinance for early bond retirement, Rainier Connect Telecommunications Franchise Agreement, and the Economic Development website. Transportation Committee: Councilmember Hearn reported the committee met on October 12, 2016, to receive a presentation on the 2016 State of the Streets Report. Utilities Committee: Councilmember Gadman reported the committee met to discuss the Martin Way East annexation and Rainier Connect Telecommunications Franchise Agreement. BOARDS & COMMISSIONS: Community Action Council (CAC) Councilmember Steadman reported the board approved the 2017 budget, and noted their new location at 3020 Willamette Drive NE. Page 6 of 8

9 Economic Development Council (EDC) Councilmember Clarkson reported the Board met and discussed the Washington Business Procurement Agency grant opportunities, the 2016 Regional Economic Forecast & Innovation Expo to be held on December 8 at Little Creek Casino, and upcoming classes to be offered to new businesses. Intercity Transit Councilmember Gadman reported the board approved a contract for a new DVR system and security cameras on buses, and authorized the purchase of an automatic chain deployment system. JASCOM Councilmember Gadman reported the board held a public hearing on the 2017 budget. No public comments were received. Lacey South Sound Chamber Councilmember Hearn reported the board elected new officers. He announced the Chamber has moved their offices to 420 Golf Club Road. Thurston Thrives Deputy Mayor Pratt reported the committee met on October 17, 2016, and received a presentation by the Thurston County Health Department on Collective Impact. Visitor & Convention Bureau (VCB) Councilmember Greenstein reported the board approved the new brand Olympia & Beyond and the tagline Decidedly Different. ADJOURN: Mayor Ryder adjourned the meeting at 8:30 p.m. Page 7 of 8

10 MAYOR: ATTESTED BY CITY CLERK: DATE APPROVED: Page 8 of 8

11 MINUTES OF A REGULAR MEETING OF THE LACEY CITY COUNCIL HELD THURSDAY, NOVEMBER 10, 2016, IN LACEY COUNCIL CHAMBERS. CALL TO ORDER: PLEDGE OF ALLEGIANCE: COUNCIL PRESENT: STAFF PRESENT: APPROVAL OF AGENDA AND CONSENT AGENDA: Mayor Ryder called the meeting to order at 7:00 p.m. Mayor Ryder led the Pledge of Allegiance. A. Ryder, C. Pratt, V. Clarkson, J. Hearn, J. Gadman, L. Greenstein, M. Steadman S. Spence, D. Schneider, D. Pierpoint, S. Egger, T. Woo, L. Gotelli, J. Burbidge, C. Litten, R. Andrews, M. Coppin, K. Wolfe Consent Agenda Items: A. Worksession minutes of October 20, B. Council minutes of October 27, 2016, C. A motion to approve payment of claims, wages and transfers for October 26, 2016 through November 1, DEPUTY MAYOR PRATT MOVED TO APPROVE THE CONSENT AGENDA AND AGENDA. COUNCILMEMBER GADMAN SECONDED. MOTION CARRIED. PUBLIC RECOGNITION: Mary Coppin, PA Community Liaison, recognized three major donors to the 50 th Food Drive, including the Thurston County Food Bank, LDS Church members, led by Pao and Yvette Lufau, and residents of Panorama inspired by Howard Burton who was the brainchild of the event. Close to $30,000 was raised and 144 hours of volunteer time was donated. Page 1 of 6

12 PUBLIC COMMENTS: Rozwell Townsend addressed to raise awareness about the need for affordable housing. He noted that he will advance this cause through political, intellectual reform. PUBLIC HEARING: Mayor Ryder opened a public hearing at 7:16 p.m. to receive public comment on the proposed 2017 Budget. The purpose of the hearing is to accept public comment and to provide staff with any guidance or direction regarding the proposed 2017 Budget. Any City Council direction will be incorporated into the budget, which is scheduled for adoption on December 15, The total Proposed 2017 Budget is $122,653,037, which is a decrease of $12,580,357 compared to the amended 2016 Budget. Increasing labor costs and workforce considerations are offset by reductions to interfund transfers and capital improvement program expenditures. Revenue growth primarily from new construction sales tax helps fund growing cost to maintain service levels. The total proposed General Fund Budget is $43,071,686. This is a decrease of $259,249 or 0.6 percent compared to the amended 2016 General Fund Budget. The following change has been made to the proposed 2017 Budget subsequent to the City Manager s presentation of the proposed budget on October 27: The 2017 property tax projection has been increased $61,508 from the addition of the annual refund levy calculation. The proposed 2017 Budget maintains all services and provides funding for a number of capital projects and improvements such as 50 th Anniversary public art, City Hall and Police Station front counter Page 2 of 6

13 improvements, Maintenance Shop asphalt replacement, Woodland Creek Community Park Trail Connection, College and 22 nd Roundabout, Hogum Bay Road improvements, Marvin Road safety improvements, LED street light upgrades, well replacements, water transmission line replacements, water reservoir improvements, Steilacoom Regional lift station, and completion Lift Station #2 (Westlake Drive). Mayor Ryder closed the public hearing at 7:32 p.m. and reopened the regular Council meeting. RESOLUTIONS: Resolution No approves a Declaration of Substantial Need to increase the Ad Valorem Tax Levy by one percent resolution. RCW (2)(c) sets the property tax limit factor for a taxing jurisdiction with a population over 10,000 as the lesser of 101 percent or 100 percent plus inflation. The inflation factor to be used for the 2017 property taxes is percent. Property tax is a significant source of revenue for the General Fund, so the full one percent increase is needed to address increasing expenditure needs. The 2017 Proposed Budget is balanced based on exercising the full 101 percent revenue limit increase in the amount of $59,317. The 2017 Proposed Budget includes appropriations that maintain the historical levels of service. The appropriations include major components that are projected to rise at a rate higher than inflation. Those major components include salaries, wages, and employee benefits. This proposed increase is in addition to adjustments resulting from the addition of new construction, increases to the state assessed property, and allowable adjustments for annexation and refunds. Page 3 of 6

14 A majority plus one must approve the resolution. MAYOR RYDER MOVED TO APPROVE RESOLUTION NO TO DECLARE SUBSTANTIAL NEED. COUNCILMEMBER STEADMAN SECONDED. MAYOR RYDER, DEPUTY MAYOR PRATT, COUNCILMEMBERS CLARKSON, GADMAN, GREENSTEIN AND STEADMAN VOTED YES. COUNCILMEMBER HEARN VOTED NO. MOTION CARRIED. ORDINANCES: Ordinance No adopts the increase of Ad Valorem Tax Levy by one percent resolution. COUNCILMEMBER STEADMAN MOVED TO ADOPT ORDINANCE NO TO APPROVE THE AD VALOREM TAX LEVY BY ONE PERCENT RESOLUTION. COUNCILMEMBER GADMAN SECONDED. MOTION CARRIED. MAYORS REPORT: Mayor Ryder remarked that he was honored to be invited as a key note speaker at the Capitol Rotunda to celebrate Veteran s Day. CITY MANAGER S REPORT: Ryan Andrews, Planning Manager, presented Council with a request to approve a motion to proceed with the proposed Martin Way East annexation proposal that includes the following provisions: 1) Authorize the applicants to circulate a petition and gather signatures of property owners representing at least 60% of the assessed value of the annexation property demonstrating their consent to annex; 2) Require the two parcels east of the proposed area (assessor s parcel no. s and ) also be included within the boundary of the area to be considered for annexation; Page 4 of 6

15 3) Require the assumption of all or of any portion of existing City indebtedness by the area to be annexed; and 4) Waive the requirement for completion of an annexation study in accordance with the City s annexation policies prior to adoption of an ordinance to formally annex the area or make application to the Boundary Review Board. COUNCILMEMBER GADMAN MOVED TO PROCEED WITH THE PROPOSED MARTIN WAY EAST ANNEXATION PROPOSAL THAT INCLUDED SPECIFIC PROVISIONS, SUBJECT TO REQUIREMENTS LISTED BY STAFF IN ITEMS 1-4. COUNCILMEMBER STEADMAN SECONDED. MOTION CARRIED. BOARDS & COMMISSIONS: HHSC & CIP Councilmember Clarkson reported the board will discuss low rent housing and homelessness at the November 14 meeting. LOTT Deputy Mayor Pratt reported the Board received a presentation on sea level rising, passed a collective bargaining agreement, and approved the CIP. MAYORS FORUM Mayor Ryder reported the group discussed charges from the county for the cost of felony inmates, and agreed the jurisdictions should not bear this cost. The Mayor of Tenino requested support for a request of grant funding to become a regional agricultural park. Mayor Ryder stated he would send a letter of support. Page 5 of 6

16 Thurston County Coalition against Human Trafficking Councilmember Hearn reported the group has raised awareness, education, legislation, enforcement, and are now in the process of fundraising. TPB Mayor Ryder reported that TRPC has requested that the TPB review the federal funding requests with a recommendation of projects for funding. TRPC Councilmember Clarkson reported the City of Lacey has received funding for the College Street / 22 nd Avenue roundabout, and for pedestrian and bike lanes in Lacey and the urban growth area. Thurston 911 Councilmember Greenstein announced the Board approved the 2017 Budget. He reported that an arrest has been made related to the flood of 911 calls received the night of the service event. ADJOURN: Mayor Ryder adjourned the meeting at 8:43 p.m. MAYOR: ATTESTED BY CITY CLERK: DATE APPROVED: Page 6 of 6

17 LACEY CITY COUNCIL MEETING December 1, 2016 SUBJECT: Disbursement Approval RECOMMENDATION: By motion, approve payment of claims, wages, and transfers. STAFF CONTACT: Troy Woo, Finance Director ORIGINATED BY: Troy Woo, Finance Department BACKGROUND: The action requested of the City Council is by motion to approve payment of claims, wages and transfers for 11/9/2016 through 11/23/2016. The disbursements consist of the following: Checks: Week of Beg. Check No. End. Check No. Amount 11/10/ , /16/ , /23/ , Electronic Transfers: Week of Amount 11/10/ , /10/2016 7, /14/2016 5, /15/ /16/ , /23/ , Payroll: Month Ended: Wages Significant Disbursements: Vendor Amount Description LOTT $ 331, Capacity Development Charges Puget Sound Energy $ 124, Utilities Waunch Construction $ 276, Shady Lane Sewer Page 1 of 1

18 LACEY CITY COUNCIL MEETING December 1, 2016 SUBJECT: Final 2017 Budget Hearing RECOMMENDATION: Conduct Budget Hearing, accept public comment, and recommend budget changes. STAFF CONTACT: Scott Spence, City Manager Troy Woo, Finance Director ORIGINATED BY: Troy Woo, Finance Department ATTACHMENTS: FISCAL NOTE: Total Proposed 2017 Budget - $122,653,037 Total Proposed 2017 General Fund Budget - $43,071,686 PRIOR REVIEW: BACKGROUND: After the tremendous efforts of the City Council and city staff, we have reached the final stages of the 2017 budget process. During early August, the department directors submitted their budget proposals. During late August and early September City Manager Spence, Finance Director Woo, and Accounting Manager Kristy Wolf met individually with each department director to review the budget proposals. The City Council discussed and provided guidance on key 2017 Budget issues on October 6, City Manager Spence presented a balanced 2017 Budget to the City Council on October 27, The City Council conducted a revenue hearing on November 3, 2016, and the first budget hearing on November 10, The 2017 Proposed Budget considers all the City Council guidance and policy direction that has been given throughout this budget process. The following change has been made to the proposed 2017 Budget since the original proposed budget was presented: Page 1 of 2

19 The 2017 property tax projection has been increased $61,508 because of the addition of the annual refund levy calculation. The total Proposed 2017 Budget is $122,653,037. This is a decrease of $12,580,357 compared to the amended 2016 Budget. The primary reasons for the decrease are onetime 2016 reserve transfers to implement the City Council committed reserve designations and lower 2017 utility capital budgets. The total proposed General Fund Budget is $43,071,686. This is a decrease of $259,249 or 0.6 percent compared to the amended 2016 General Fund Budget. The primary reason for the General Fund change is related to the aforementioned one-time 2016 reserve transfers. The purpose of the Final 2017 Budget Hearing is to accept public testimony and for City staff to receive final direction for any budget changes. The 2017 Budget is scheduled for adoption on Thursday, December 15, Page 2 of 2

20 LACEY CITY COUNCIL MEETING December 1, 2016 SUBJECT: Nisqually Jail Service Agreement RECOMMENDATION: Authorize the City Manager to sign the Jail Service Agreement with Nisqually Indian Tribe. STAFF CONTACT: ORIGINATED BY: ATTACHMENTS: Scott Spence, City Manager Dusty Pierpoint, Chief of Police Joe Upton, Police Commander Police Department Nisqually Jail Service Agreement FISCAL NOTE: $752,279 is budgeted for jail services in The new contract is 3% more per bed day which would be $774,847 for PRIOR REVIEW: The City Attorney has reviewed the contract and the Nisqually Indian Tribe has already signed. November 14, 2016 General Government Committee BACKGROUND: The Lacey Police Department has a long-standing positive and productive relationship with the Nisqually Indian Tribe. The Nisqually Jail is the only available source for housing Lacey misdemeanor inmates within Thurston County. Previous contracts with the Nisqually Jail have been valid for three years. In this contract, the three year term has been extended to four years. The number of jail beds guaranteed remains at 21 and the current cost of $65.00 for each bed day increases 3% each year of the contract as follows: Page 1 of 2

21 2017 $ $ $ $73.16 At its November 14, 2016, meeting, the General Government Committee reviewed the Nisqually Jail Service Agreement and recommended approval by the full City Council. ADVANTAGES: 1. Renewing the contract maintains the partnership between the Lacey Police Department and Nisqually Indian Tribe for jail services which has been ongoing for a number of years 2. The location of the jail is convenient and cost of the services provided is reasonable. DISADVANTAGES: 1. None. Page 2 of 2

22 NISQUALLY JAIL SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this _3 day of QC-~kiot6, by and between the Nisqually Indian Reservation, a Federally Recognized Indian Tribe, hereinafter referred to as "Nisqually" and the City of Lacey, hereinafter referred to as "Lacey." This agreement is for the housing of inmates of Lacey in the Nisqually Detention and Corrections Center hereinafter referred to as "jail" pursuant to Chapters and RCW. THE PARTIES HEREBY AGREE as follows: l. SERVICE. Nisqually shall care for prisoners placed in the custody of officers of the Nisqually Jail. The term "prisoner" shall include any person arrested, sentenced by the court or held under authority of any law or ordinance of Lacey; 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 room and board. 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. 3. DURATION OF CONTRACT. The term of this agreement shall be for four (4) years. 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: Lacey: Nisqually: Scott Spence, Lacey City Manager 420 College Street SE Lacey, WA John Simmons, Chief Executive Officer 4820 She-Nah-Num Dr. S.E. Olympia, WA RELEASE. Prisoners will only be released when they have served their full time (less any good-time credit) 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 twenty-one (21) beds per day shall be dedicated to Lacey for its prisoners. 6. GUARANTEE TO PAY FOR MINIMUM BED SPACE. Lacey agrees to pay to Nisqually One Thousand Four Hundred Five Dollars and ninety five cents ($1,405.95) per day in exchange for Nisqually's guarantee of twenty-one (21) available beds per day. This rate shall increase in the amount of 3% per day each calendar year beginning in 2018 for the duration of this agreement. Jail Services Agreement Between Nisqually and Lacey Pagel ~y Lacey

23 7. PAYMENT. In addition to the guarantee to pay for minimum bed space described above, Lacey shall pay to Nisqually the amount of Sixty Six Dollars and ninety five cents ($66.95) per day for each and every prisoner booked into the jail, for care for any and all prisoners above the guaranteed twenty one bed minimum beginning January I, 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. Lacey shall only be charged the booking fee of Twenty Dollars ($20.00) for prisoners booked on warrants with bail amounts low enough that they are subsequently released on personal recognizance with a new court date and for prisoners who bail out in anything less than two (2) hours of custody time. Nisqually will submit a monthly invoice to Lacey within Sixty (60) days of the end of each monthly billing period for the guaranteed minimum bed spaces as well as additional prisoners housed pursuant to this agreement. Lacey 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. The rate shall increase by 3% per day per prisoner each calendar year beginning January 1, The daily rate per prisoner will therefore be as follows: 2017 Sixty Six Dollars and ninety five cents 2018 Sixty Eight Dollars and ninety six cents 2019 Seventy One Dollars and three cents 2020 Seventy Three Dollars and sixteen cents ($66.95) ($68.96) ($71.03) ($73.16) Without prejudice to any other contract rights available to it, if Lacey 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. 8. MEDICAL CARE. Lacey shall be solely responsible for the medical care and medical expenses of prisoners housed pursuant to this agreement, provided that if the prisoner has his or her own medical coverage, Nisqually will coordinate with Lacey so that such insurance may be utilized. In the event that a prisoner requests non-urgent medical care, Nisqually shall contact Lacey for approval via the Administrative Sergeant or Administrative Commander during normal business hours at Nisqually will contact the on-duty patrol supervisor outside of normal business hours via TCOMM at Expressed refusal of Lacey to approve medical care shall relieve Nisqually of liability to Lacey 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 Lacey, 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, Lacey shall protect, defend, hold hannless and indemnify Nisqually from and against all claims, suits and actions relating to the medical care of prisoners housed under this agreeme t which result from the Jail Services Agreement --t.!/;ti"'... Between Nisqually and Lacey Page2 squally Lacey

24 expressed refusal of Lacey to approve such care or for any reason other than injuries and hann resulting from the negligent or intentional acts or omissions ofnisqually or its officers. 9. TRANSPORTATION. Lacey shall be solely responsible for furnishing nonmedical transportation for prisoners housed pursuant to this agreement. Lacey may request that Nisqually provide necessary transportation of prisoners requiring non-emergency medical care and the guarding of prisoners while receiving said medical care, and Nisqually shall make best efforts to provide such transportation, subject to staff availability. Lacey shall reimburse NisqualJy for costs incurred for transportation. Such costs shall include mileage at the rate of $1.00 per mile, labor and overhead (.5 x labor). Nisqually will promptly notify the appropriate Lacey contact person if they are unable to provide transportation and/or guard prisoners receiving medical care. Nisqually shall not transport any prisoner without the express agreement of Lacey unless such transportation is required by a court order or because of a medical emergency. 10. CUSTODY TRANSFER. Officers of Lacey placing a prisoner into the 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 Lacey's prisoners shall be the responsibility of Lacey Officers. 11. CITY ACCESS TO PRISONERS. All Lacey police officers, attorneys, and investigators directed by the Lacey 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 Lacey police officers in equal priority with those of any other department, including the Nisqually law enforcement personnel. 12. RELEASE OF LACEY PRISONERS FROM NISQUALL Y. No Lacey Prisoner confined in the Nisqually Jail shall be removed therefrom except: a. When requested by Lacey Police Department in writing; b. By Order of the Lacey Municipal Courts 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 Lacey prisoner is charged; d. In compliance with a writ of habeas corpus; e. For interviews by the Lacey City Attorney or member of the Lacey 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. Jail Services Agreement Between Nisqually and Lacey Page3 Lacey

25 13. INDEMNIFICATION. Lacey shall protect, defend, save harmless and indemnify Nisqually, its officers, agents and employees, from and against al! claims, suits and actions arising from intentional or negligent acts or omissions of Lacey in performance of this agreement. Nisqually shall protect, defend, save harmless and indemnify the City of Lacey, its officers, agents and employees from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Nisqually in perfonnance of this agreement. 14. 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 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, its officers and employees as Additional Insureds 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. 15. Venue and Choice of Law. The Nisqually Indian Tribe is a Sovereign Nation with all immunities attendant thereto WITH THE FOLLOWING EXCEPTION THAT THE PARTIES TO THIS AGREEMENT HA VE SPECIFICALLY NEGOTIATED: The Nisqually Indian Tribe does hereby expressly consent to venue in the courts of the State of Washington for any legal dispute by and between the parties to this agreement and further agrees that any such dispute shall be interpreted pursuant to the laws of the state of Washington. Jail Services Agreement Between Nisqually and Lacey Page4 Lacey

26 IN WITNE~ WHEREOF, the parties have executed this Agreement on this date, the 3 day ore'oi pf;..e,r, CITY OF LACEY: NISQUALL Y TRIBE: 1 Scott Spence, Lacey City Manager f hn Simmons, Attest: Approved as to legal form only: David Schneider, Assistant City Attorney Jail Services Agreement Between Nisqually and Lacey Page5 Nisqually Lacey

27 LACEY CITY COUNCIL MEETING November 14, 2016 SUBJECT: Tumwater School District Pool Use Contract September 2016 through August 2018 RECOMMENDATION: Authorize the City Manager to sign the Tumwater School District Pool Use Agreement. STAFF CONTACT: Scott Spence, City Manager Jen Burbidge, Parks and Recreation Director ORIGINATED BY: Parks and Recreation Department ATTACHMENTS: Tumwater School District Pool Use Contract FISCAL NOTE: PRIOR REVIEW: 2017 Proposed Budget Impact: Revenue of $16,290 per year (same as 2016). November 14 General Government Committee BACKGROUND: As referenced in the pool use agreement between the City of Lacey and North Thurston Public Schools (NTPS), the amount paid to NTPS is contingent upon a continued agreement with Tumwater School District, which will pay $16,290 for use of pools for their girl s high school swim and dive teams. The City of Lacey has had a similar agreement with Tumwater School District for 22 years. Tumwater School Board approved the original agreement in 1994 and the most recent contract in October River Ridge High School s pool is the primary facility to be used. The term of the agreement coincides with the pool use agreement between NTPS and the City of Lacey. At its November 14, 2016, meeting, the General Government Committee reviewed the Tumwater School District Pool Use Contract and recommended approval by the full City Council. Page 1 of 2

28 ADVANTAGES: 1. This agreement provides a revenue source to the City s aquatic budget and provides a needed facility for the competitive swim programs of the Tumwater School District. DISADVANTAGES: 1. No disadvantages are foreseen at this time. Page 2 of 2

29 AGREEMENT FOR POOL USE THIS AGREEMENT ( Agreement ) made and entered into on the date of the last signature set forth below, by and between the TUMWATER SCHOOL DISTRICT ( District ), a municipal corporation, and the CITY OF LACEY ( City ), a municipal corporation, WITNESSETH. RECITALS WHEREAS, the City has entered into an agreement with North Thurston Public Schools, for operation of the swimming pools and associated facilities; and WHEREAS, the District is in need of facilities for the use of its swimming team during the school year and pursuant to its contract with North Thurston Public Schools, the City can make available River Ridge High School pool and/or such other facilities as mutually agreed to by the City, North Thurston Public Schools and the Tumwater School District and associated facilities for such use. NOW, THEREFORE, it is hereby agreed between the parties as follows: 1. PREMISES: The City hereby authorizes use of River Ridge High School pool and associated facilities, located at 350 River Ridge Drive SE, Lacey, WA Due to unforeseen circumstances or a maintenance closure, alternative facility use will be coordinated based on availability. 2. FEE: The fee to be paid by the District during the term of this agreement shall be $16,290 per year. Payment shall be made to the City prior to December 31 of each year. 3. PERMITTED USES: The premises shall be used by Black Hills and Tumwater High Schools for the Girls Swim and Dive team practice, training and competitive swim meets at times as detailed in the document attached hereto as Exhibit A. The District shall comply with all applicable laws, regulations, and ordinances. A District employee or coach with a qualifying certification outlined in WAC shall be present at all times when the facility is in use. The District shall be responsible for all persons compliance with North Thurston Public School rules during the use of the facilities. The City will accommodate and coordinate the District use of the pool during the month of August of each year. 4. TERM: This Agreement shall commence on the 1st day of September, 2016, and shall permit the District to use River Ridge High School Pool through 31 st day of August, 2018 provided, however, the provisions for the second year of the use term shall be open for negotiation should the City be required to

30 renegotiate its agreement with North Thurston Public Schools due to the results of a levy submitted to the voters. 5. SCHEDULE: The district will have use of River Ridge High School pool during the girls swim season. The district will have use of the pools during school holidays at the times listed below or alternate times coordinated by the City and teams. All other time is designated for City use however, if available, the City will accommodate additional use for the high school teams such as weekends and summer pre-season practices. Normal District Practice Schedule* *Exceptions for swim meets ending by 6:30pm River Ridge High School Pool Swim Season Practice Monday-Friday 2:30-4:30pm River Ridge High School Swim Team Use 4:30-6:30pm Tumwater and Black Hills Swim Team Use If a pool is closed during the swim season, an alternate district pool will be made available to the displaced team however practice time will be reduced to 90 minutes to accommodate all teams and community users. The City will determine the alternate pool based on the availability and least disruption to other users. If a pool closure is for an extended amount of time the City and North Thurston Public Schools athletic director will coordinate with the City to adjust the schedule. Example: Pool Closure Practice Schedule (location to be determined by City) 2:15-3:45pm Normal NTPS Team Use 3:45-5:15pm Displaced NTPS Team Use 5:15-6:45pm Tumwater District Use 6:45-9:45pm City Use 6. INSURANCE: The District agrees to furnish the City with a Certificate of Insurance evidencing General Liability Coverage. The Certificate shall indicate limits no less than One Million and No/100 Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage, and those policies where aggregates are applicable, a Two Million and No/100 Dollar ($2, ) aggregate limit. The insurance policy must provide coverage of the City and North Thurston Public Schools against all liabilities that might arise from the District use of the property. The insurance requirements of this paragraph can be fulfilled by a commitment letter issued on behalf of the District s insurance and such commitment shall include not only the City, North Thurston Public Schools, but also its officials, employees, volunteers and agents as additional insureds.

31 6. INDEMNIFICATION: The District releases and shall defend, indemnify, and hold harmless the City and North Thurston Public Schools, officers, officials and employees, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorney s fees and/or costs of any kind whatsoever arising out of or in any way resulting from the acts or omissions of the District or in connection with the use of that portion of the property which forms the subject matter of this Agreement. The District shall not be required to indemnify the City and North Thurston Public Schools, officers, officials, and employees, against any liability for damage arising out of bodily injury or property damages caused by, or resulting from the sole negligence of the City or North Thurston Public Schools. 7. AUTHORITY: The City and the District each represent and warrant such party has the respective power and authority, and is duly authorized to execute, deliver and perform its obligations under the Agreement. 8. DISPUTES: This Agreement shall be performed under the laws of the State of Washington. Any litigation to enforce this Agreement or any of its provisions shall be brought in Thurston County. 9. NONDISCRIMINATION: During the effective term of this Agreement, neither party shall discriminate in employment, use of facilities, provision of service, or any other activity against any persons on grounds of race, color, creed, sensory, mental or physical handicap, age or sex. 10. CONDITION: Premises shall be left in clean, useable condition, free of litter and clothing after each use. The District shall report any necessary maintenance promptly to the City.

32 11. NOTICE: Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by mail if sent to the respective address of each party. The City s address for purposes of any notice provided for or concerning this Agreement is as follows: CITY: City of Lacey Jenny Wilson Recreation Supervisor 420 College St. SE Lacey, WA District s address for purposes of any notice provided for or concerning this Agreement is as follows: DISTRICT: Tumwater School District Chris Woods Executive Director of Student Learning 621 Linwood Ave SW Tumwater, WA CITY OF LACEY By: City Manager, Scott Spence Date: TUMWATER SCHOOL DISTRICT By: Superintendent/Designee Date:

33 LACEY CITY COUNCIL MEETING December 1, 2016 SUBJECT: Agreement with USDA for Wildlife Management RECOMMENDATION: Authorize City Manager to sign the agreement with USDA for wildlife management on city-owned Lacey property. STAFF CONTACT: Scott Spence, City Manager Scott Egger, Public Works Director Jennifer Burbidge, Parks & Recreation Director Brad Burdick, Public Works Operations Manager Jason Simmonds, Parks Maintenance Supervisor ORIGINATED BY: Public Works Department ATTACHMENTS: 1. Cooperative Service Agreement between Lacey and USDA 2. Work/Financial Plan FISCAL NOTE: The contract amount is $11, A 2017 budget amendment may be necessary. PRIOR REVIEW: November 14, 2016 General Government Committee BACKGROUND: Wildlife management is needed in parks and other public locations to control geese populations, beaver dams in undesirable locations, and similar wildlife issues. Such things as goose waste in parks and swim areas creates health issues and user issues. If goose populations are not contained the amount of goose waste can render a park unusable. The United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services (APHIS-WS) provides wildlife management services, which will help reduce human health and safety threats, and reduce damage to publically owned property. At its November 14, 2016, meeting, the General Government Committee reviewed the Cooperative Service Agreement between Lacey and USDA and recommended approval by full City Council. Page 1 of 2

34 ADVANTAGES: 1. Lacey parks are known for quality grounds and recreation facilities. These wildlife management services will help Lacey staff maintain Lacey parks and grounds to the high standards that are desired and expected. DISADVANTAGES: 1. None anticipated. Page 2 of 2

35 APHIS-WS Agreement Number: RA APHIS-WS Account Code (WBS): AP.RA.RX COOPERATIVE SERVICE AGREEMENT between CITY OF LACEY (COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES (APHIS-WS) ARTICLE 1 PURPOSE The purpose of this Agreement is to conduct wildlife damage management (WDM) activities to manage various nuisance bird species such as Canada geese, gulls, pigeons, starling and other nuisance wildlife in order to reduce human health and safety threats, and reduce damage to City of Lacey property. ARTICLE 2 - AUTHORITY APHIS-WS has statutory authority under the Act of March 2, 1931, as amended (7 USC 426), and the Act of December 22, 1987 (7 USC 426c), the Secretary of Agriculture may conduct a program of wildlife services with respect to injurious animal species and take any action the Secretary considers necessary in conducting the program. Additionally, the Secretary of Agriculture, except for management of urban rodents, is authorized to conduct activities to manage nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases. In carrying out a program of wildlife services involving injurious and/or nuisance animal species or involving mammal and bird species that are reservoirs for zoonotic diseases, the Secretary is authorized to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions. ARTICLE 3 - MUTUAL RESPONSIBILITIES The cooperating parties mutually understand and agree to/that: a. Confer and plan a WDM program that addresses the need for managing conflicts caused by nuisance wildlife in the City of Lacey, Washington. Based on this consultation, WS will formulate, in writing, the program work plan and associated budget and present them to the Cooperator for approval. b. Develop a mutually agreed upon Work Plan and Financial Plan which are incorporated into this Agreement by reference. It is understood and agreed that any monies allocated for the purpose of this Agreement shall be expended only towards the activities and related expenses outlined therein. c. When either of the Cooperating parties address the media or incorporate information into reports and/or publications, both Cooperating parties must agree, in writing, to have their identities disclosed when receiving due credit related to the activities covered by this agreement. d. APHIS-WS has advised the Cooperator that other private sector service providers may be available to provide wildlife management services and notwithstanding these other options, Cooperator requests that APHIS-WS provide wildlife management services as stated under the terms of this Agreement. e. All equipment with a purchase price of $5,000 or more per unit, purchased directly with funds from the cooperator for use solely on this project shall be subject to disposal according to APHIS policy, and shall be specifically listed in the Work and Financial Plan. Property title/disposal shall be determined when the 1

36 APHIS-WS Agreement Number: RA APHIS-WS Account Code (WBS): AP.RA.RX project (including all continuations and revisions of this agreement) terminates, or when the equipment is otherwise directed to other projects, whichever comes first. If the equipment is sold prior to the project end, the proceeds should be allocated according to APHIS Policy. Continuations and revisions to this agreement shall list any equipment with a purchase price of $5,000 or more per unit, carried over from a purchase directly with funds from the cooperator for use solely for this project. All other equipment purchased for the program is and remain the property of APHIS-WS. f. APHIS-WS will provide overall direction and control of the program. The Cooperator agrees to/that: ARTICLE 4 - COOPERATOR RESPONSIBILITIES a. Designate Brad Burdick, Operations Manager, City of Lacey, 1200 College Street SE, Lacey, WA 98503, (360) as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement; b. Reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Work and Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the Work and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The Cooperator agrees to pay all costs of service submitted via an invoice within 30 days of the date of the submitted invoice or invoices as submitted by APHIS-WS. Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of If the Cooperator is delinquent in paying the full amount of the due service costs submitted by APHIS-WS, and/or is delinquent in paying the due late payments, and/or is delinquent in paying the interest, penalties, and/or administrative costs on any delinquent due service costs, APHIS- WS will immediately cease to provide the respective service associated with the submitted service costs. APHIS-WS will not reinstate or provide the respective service until all due service costs, and/or due late payments, and/or due interest, penalty, and/or administrative costs are first paid in full. c. To provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of d. As a condition of this Agreement, The Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. APHIS-WS agrees: ARTICLE 5 WS RESPONSIBILITIES a. To designate the WA/AK State Director, 720 O Leary Street NW, Olympia, WA 98502, (360) as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement. b. The performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance. 2