City Council

City Council Regular Meeting Agenda July 13, 2026 at 7:00 PM 21 West 1st Avenue, Toppenish, WA 98948 Televised Live and Streamed at the link below: https://reflect-midvalley.cablecast.tv/CablecastPublicSite/?channel=2 1. Regular Session Call to Order Pledge of Allegiance, Roll Call, and Welcome 2. Approve Agenda 3. Public Comment The City Council welcomes public attendance at Council meetings. This meeting is for the conduct of regular City business. With very few exceptions, RCW 42.17A.555 prohibits government agencies from allowing the use of public facilities, directly or indirectly, for campaign purposes. At this time, citizen comments and inquiries about agenda business or general City matters are encouraged. If you wish to address the City Council, please stand or raise a hand so you can be called upon. After you are recognized, please come forward to the lectern and state your name for the public record. Your remarks must be limited to three minutes or less. Please use the microphone. 4. Consent Agenda All matters on the consent agenda have been provided to each Councilmember for review and are considered to be routine or have been previously discussed and will be adopted by one motion and vote without discussion. However, if a Councilmember desires, any item on this agenda will be discussed before any action is taken on it. a. Approve Minutes of the June 22, 2026, Regular Meeting. b. Approve Minutes of the July 6, 2026, Study Session. c. Approve Payroll Checks and Bank Drafts as listed in the attached register in the total amount of $195,733.50 dated July 7, 2026. d. Approve Claims Checks and Bank Drafts as listed in the attached register in the total amount of $330,706.18 dated July 13, 2026. 5. New Business a. AB 26-59: [Proposed] Resolution No. 2026-29, Amendment to AT&T Lease Agreement. b. AB 26-60: [Proposed] Resolution No. 2026-30, Accepting Bid for Electric Street Sweeper Procurement from SWS Equipment. c. AB 26-61: [Proposed] Resolution No. 2026-31, Interim City Manager Agreement d. AB 26-62: [Proposed] Resolution No. 2026-32, Toppenish Historical Society Temporary Personal Property Storage Agreement 6. Council Meeting Reports and Community Announcements 7. Adjournment Page 1 of 46 Next Council Meeting Will Be Held on July 27, 2026. City Council meetings are accessible to persons with disabilities. For individuals who may require special accommodations, please contact City Hall at (509) 865-6754, 24 hours in advance. Page 2 of 46  TOPPENISH CITY COUNCIL Regular Meeting Minutes June 22, 2026 Mayor Saavedra called the meeting to order at 7:00 p.m. ROLL CALL Attendees: Mayor Elpidia Saavedra and Councilmembers Laura Canfield, Naila Prieto Duval, Josh Garza, Ricardo Gutierrez, and Cristian Sanchez. Absent: Mayor Pro Tem George Garcia. Staff: City Manager Dan Ford (CM Ford), City Attorney Daniel B. Heid, Public Safety Director Joseph Mehline, Director of Community Infrastructure and Development Andrew Hattori, Accounting Manager Yeni Salcedo, Deputy Fire Chief Dale Northrup, Firefighter Trevor Oswalt, Firefighter KC Frazier, City Clerk Heidi Riojas (CC Riojas), and Communications Manager Sean Davido. CC Riojas conducted roll call. Mayor Saavedra and Councilmembers Canfield, Prieto Duval, Garza, Gutierrez, and Sanchez, responded during roll call. CC Riojas noted that all members were present except Mayor Pro Tem Garcia. Councilmember Garza moved, seconded by Councilmember Canfield to excuse Mayor Pro Tem Garcia from the June 22, 2026, Regular Meeting. Motion carried unanimously. APPROVE AGENDA Councilmember Sanchez moved, seconded by Councilmember Canfield to approve the June 22, 2026, Agenda. Motion carried unanimously. PUBLIC COMMENT The City Council received comments from the public during the meeting. CONSENT AGENDA Councilmember Sanchez moved, seconded by Councilmember Canfield to approve Consent Agenda items a through c: a. Approve Minutes of the June 8, 2026, Regular Meeting. b. Approve Payroll Checks and Bank Drafts as listed in the attached register in the total amount of $293,038.78 dated June 22, 2026. c. Approve Claims Checks and Bank Drafts as listed in the attached register in the total amount of $875,547.68 dated June 22, 2026. Motion carried unanimously. 1 Page 3 of 46  NEW BUSINESS Resolution No. 2026-23: A Resolution of the City Council of the City of Toppenish, Washington, Approving the Acceptance of the Wastewater Treatment Plant Emergency Bypass Project as Complete With Selland Construction Inc. and Establish an Effective Date. Councilmember Prieto Duval moved, seconded by Councilmember Garza to approve Resolution No. 2026-23. Motion carried unanimously. Resolution No. 2026-24: A Resolution of the City of Toppenish, Washington, Amending Task Order 2024-07 With HLA Engineering and Land Surveying, Inc. for Consulting Work Related to Comprehensive Plan Update. Councilmember Prieto Duval moved, seconded by Councilmember Garza to approve Resolution No. 2026-24. Motion carried unanimously. Resolution No. 2026-25: A Resolution of the City of Toppenish, Washington, Approving a Change Order for Additional Insulation Work Related to the Screen and Blower Emergency Project at the Toppenish Wastewater Treatment Plant. Councilmember Garza moved, seconded by Councilmember Sanchez to approve Resolution No. 2026-25. Motion carried unanimously. Resolution No. 2026-26: A Resolution of the City of Toppenish, Washington, Approving OL Luther Company Inc. Contract for Gravel Road Maintenance Services. Councilmember Canfield moved, seconded by Councilmember Sanchez to approve Resolution No. 2026-26. Motion carried unanimously. Resolution No. 2026-27: A Resolution of the City Council of the City of Toppenish, Washington, Approving the Purchase of a Lawn Mower for the Elmwood Cemetery from Walker Manufacturing. Councilmember Sanchez moved, seconded by Councilmember Prieto Duval to approve Resolution No. 2026-27. Motion carried unanimously. Resolution No. 2026-28: A Resolution of the City Council of the City of Toppenish, Washington, Approving and Authorizing a Memorandum of Understanding by and Between the City of Toppenish and Local 2328 of the International Association of Firefighters (IAFF). Councilmember Canfield moved, seconded by Councilmember Sanchez to approve Resolution No. 2026-28. Motion carried unanimously. 2 Page 4 of 46  CITY MANAGER REPORT CM Ford provided Council with updates on three items consisting of the investigation, the use of the library for storage use, and his resignation effective July 15, 2026. He reported the first item is that Washington Cities Insurance Authority (WCIA) has been contacted regarding the investigation into employee concerns involving a Councilmember. CM Ford stated that an attorney and investigator have been assigned to the matter and that additional information will be shared with the Council as it becomes available. CM Ford reported an update for the second item regarding the Toppenish Historical Society’s request for additional time related to the library building and museum contents. He explained that City staff has worked with the Historical Society for more than two years to explore options for the building and the historical items, but no long-term solution has been reached. CM Ford noted that the City remains responsible for the aging building and faces potential liability associated with storing items that are not City property. Following discussion, Council expressed support for continuing to work cooperatively with the Historical Society while addressing the City's liability concerns. By majority consensus, Council supported the CM Ford’s recommendation to prepare an agreement granting the Historical Society a 60-day extension to remove its property from the building, with the proposed agreement to be presented for Council consideration at the next meeting. Finally, CM Ford the third item is that the Council received notice of his resignation submitted on June 15, 2026, and announced that his final day with the City will be July 15, 2026. He thanked the Mayor, Council, and staff for the opportunity to serve the City. CM Ford recommended that the Council consider retaining an experienced firm like GMP Consultants to provide interim city manager services and assist with the recruitment of a permanent City Manager, noting that the firm has successfully provided similar services for other local jurisdictions and has previously worked with the City. He outlined the recruitment process, including evaluating the City’s needs, developing the position profile and compensation recommendations, conducting the search, screening applicants, and presenting qualified candidates for Council consideration. Following Council discussion, the Mayor directed CM Ford to prepare the necessary documents for Council consideration regarding interim city manager services and the recruitment process at a future meeting. COUNCIL MEETING REPORTS/COMMUNITY ANNOUNCEMENTS The City Councilmembers provided reports of their activities since the last meeting and community announcements. 3 Page 5 of 46  ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:21 p.m. _____________________________________ ELPIDIA SAAVEDRA, MAYOR _______________________________ HEIDI RIOJAS, CMC, CITY CLERK 4 Page 6 of 46  TOPPENISH CITY COUNCIL Study Session Minutes July 6, 2026 CALL TO ORDER Mayor Saavedra called the meeting to order at 5:00 p.m. ROLL CALL Attendees: Mayor Elpidia Saavedra, Mayor Pro Tem George Garcia, and Councilmembers Laura Canfield, Naila Prieto Duval, Ricardo Gutierrez, and Cristian Sanchez. Staff: City Manager Dan Ford (CM Ford), City Attorney Daniel Heid, Assistant City Manager Adam Vaughn (ACM Vaughn) (attended remotely), Public Safety Director Joseph Mehline, Director of Community Infrastructure and Development Andrew Hattori, Information Technology Services Manager Van Donley, and Executive Assistant to the City Manager Elvia Cisneros. EA Cisneros conducted roll call for each City Councilmember to respond to their attendance at the meeting. Mayor Saavedra, Mayor Pro Tem Garcia, Councilmember Prieto Duval, Gutierrez, and Sanchez, responded during roll call. Councilmember Garza was not present at the meeting. Mayor Pro Tem Garcia moved, seconded by councilmember Sanchez to excuse councilmember Garza from July 9, 2026, Study session. Motion carried unanimously. At 5:01 p.m. Councilmember Canfield arrived at the meeting after roll. APPROVE AGENDA Councilmember Sanchez moved, seconded by Councilmember Gutierrez to approve July 6, 2026, Agenda. Motion carried unanimously. PUBLIC COMMENTS UPDATE CM Ford updated Council on the public comments received in June 2026. PUBLIC COMMENT The City Council received comments from the public during the meeting. 1 Page 7 of 46  DISCUSSION Temporary Personal Property Storage Agreement with Toppenish Historical Society. CM Ford Presented a Temporary Personal Property Storage Draft Agreement with Toppenish Historical Society providing a 60-day extension to allow the Historical Society to remove its personal property from the library building. Councilmember Prieto Duval requested an extension of this agreement, allowing more time for the Historical Society to remove its personal items. Extension was denied. Councilmember Prieto Duval inquired about the status of the public records request submitted by the Historical Society and whether the request would be completed by the 60 days of the agreement. Mayor Saavedra stated the inquiry was outside the scope of the Personal Property Storage Draft Agreement agenda item and could not be answered during that discussion. Councilmember Prieto Duval requested to appeal to the council to allow her question to be answered. Councilmember Canfield, Gutierrez, and Prieto Duval voted yes. Mayor Pro Tem Garcia, Mayor Saavedra, and councilmember Sanchez voted no. The appeal failed. Staff will present the proposed agreement for Council consideration and action at the next meeting. Proposal for City Manager Recruitment CM Ford presented council a proposal from GMP Prothman to provide Interim City Manager support and professional recruitment services to facilitate the hiring of a permanent City Manager. Staff will present the proposed agreement for Council consideration and action at the next meeting. PRESENTATION DCID Andrew Hattori, presented photos on the progress of gravel and grading improvements on King Lane and Berger addition. 2 Page 8 of 46  ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 5:24 p.m. _____________________________________ ELPIDIA SAAVEDRA, MAYOR ______________________________ ELVIA CISNEROS, EXECUTIVE ASSISTANT 3 Page 9 of 46  Payroll Check Register Payroll for Period: 6/16-6/30, 2026 Description Payment Type Payment Number Amount ACH payroll 6/16-6/30, 2026 Bank Draft ACH Payroll $125,315.78 City of Toppenish - Longevity Regular 39200 $315.00 Toppenish Police Officer Association Regular 39201 $808.50 Treasurer IAFF #2328 Regular 39202 $244.50 United Way of Yakima Co. Regular 39203 $3.00 Aflac (EFT) Bank Draft DFT0000390 $64.29 Aflac (EFT) Bank Draft DFT0000391 $131.73 MissionSquare (EFT) Bank Draft DFT0000392 $5,590.33 Nationwide Retirement Solutions (EFT) Bank Draft DFT0000393 $1,516.17 Dept of Retirement Systems Bank Draft DFT0000394 $21,634.38 Internal Revenue Service Bank Draft DFT0000395 $40,109.82 Grand Total $195,733.50 Payroll Checks Payroll Checks 39200-39203 and Electronic Transfers DFT0000390-DFT0000395. I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the City of Toppenish, and that I am authorized to authenticate and certify to said claim. July 9, 2026 Adam Vaughn, Finance Director Date Page 10 of 46  AP Check Register July 1st Council Period Description Payment Type Payment Number Amount WA Department of Health Regular 39198 $ 3,941.67 Jose Sanchez-Castro Regular 39199 $ 371.00 SCI Industrial Services, LLC Regular 39204 $ 267,086.38 Mehline, Joseph Regular 39205 $ 210.00 Adam Holmes Regular 39206 $ 20.00 Alba Enterprises Regular 39207 $ 160.00 Amazon Capital Services Regular 39208 $ 11.90 Anatek Labs, Inc. Regular 39209 $ 1,702.00 Capitol Path Consulting LLC Regular 39210 $ 5,000.00 Cascade Natural Gas Corp. Regular 39211 $ 71.03 Central Washington Junior Livestock Show Regular 39212 $ 2,000.00 CenturyLink Regular 39213 $ 850.56 Charter Communications Regular 39214 $ 1,508.54 Christopher Jones Regular 39215 $ 250.00 Cintas Corporation #605 Regular 39216 $ 604.28 City of Sunnyside - Finance Dept. Regular 39217 $ 35,926.19 City of Toppenish Regular 39218 $ 16,658.30 Consolidated Supply Co. Regular 39219 $ 18,823.47 Correct Equipment, Inc. Regular 39220 $ 264.48 Department of Ecology Cashiering Unit Regular 39221 $ 135,715.14 Department of Licensing Regular 39222 $ 36.00 DeVries Business Records Management, Inc. Regular 39223 $ 32.00 Elwood Staffing Services, Inc. Regular 39224 $ 6,362.85 F. Alexandra Vasquez-Ceja Regular 39225 $ 738.14 Gideon Thomas Urlacher Regular 39226 $ 486.00 Hach Company Regular 39227 $ 790.54 Hanks, Michael E Regular 39228 $ 108.00 Huber Technology LLC Regular 39229 $ 11,101.61 Ideal Lumber & Hardware, Inc. Regular 39230 $ 1,771.19 **Void** Regular 39231 $ - Inland Fire Protection, Inc. Regular 39232 $ 408.64 Intermountain Cleaning Service, Inc. Regular 39233 $ 4,794.94 Janie Godina Regular 39234 $ 21.00 Jesus Mondragon Hernandez Regular 39235 $ 20.00 Johnson Controls Security Solutions LLC Regular 39236 $ 843.43 LEAF Capital Funding LLC Regular 39237 $ 2,138.40 Monica Pineda Regular 39238 $ 21.00 Moon Security Service, Inc. Regular 39239 $ 69.03 Morton's Supply Inc. Regular 39240 $ 140.86 N-able Technologies LTD Regular 39241 $ 58.25 North Central Laboratories Regular 39242 $ 173.28 One Call Concepts, Inc. Regular 39243 $ 36.14 O'Reilly Auto Parts Regular 39244 $ 667.61 Ozzy Asbell Regular 39245 $ 371.00 Pacific Power & Light Co. Regular 39246 $ 36,609.11 Petty Cash / City of Toppenish Regular 39247 $ 20.00 Randall Danskin P.S. Regular 39248 $ 564.50 Rathbun Iron Works, Inc. Regular 39249 $ 131.53 Rodda Paint Co. Regular 39250 $ 1,171.26 Rosendo Gudino Regular 39251 $ 371.00 Solid Waste Division Regular 39252 $ 14,435.74 Page 11 of 46  Spheros Enviromental Group Parent Inc. Regular 39253 $ 5,610.00 Sunnyside Sun Media LLC Regular 39254 $ 70.00 The Healthy Worker Regular 39255 $ 132.00 Tyler Business Forms Regular 39256 $ 306.26 Tyler Technologies Inc. Regular 39257 $ 45.21 Verizon Wireless Regular 39258 $ 1,684.30 VESTIS Regular 39259 $ 48.72 Washington State Treasurer Regular 39260 $ 4,098.10 Workhub Software Inc. Regular 39261 $ 39.00 Yakima County Treasurer Regular 39262 $ 70.56 Yakima Herald Republic Regular 39263 $ 200.60 Yakima Waste Systems, Inc. Regular 39264 $ 49.82 USDA RD DCFO Loan (EFT) Regular DFT0000389 $ 11,852.00 Jesus Mondragon Hernandez Regular NR99748 $ (20.00) Janie Godina Regular NR99890 $ (21.00) Monica Pineda Regular NR99050 $ (21.00) Adam Holmes Regular NR99001 $ (20.00) Central Washington Junior Livestock Show Regular NR97934 $ (2,000.00) SCI Door Regular NR39184 $ (267,086.38) Grand Total $330,706.18 Account Payable Checks Accounts Payable Checks 39198-39199 and 39204-39264 and Voided Checks NR99748, NR99890, NR99050, NR99001, NR97934, NR39184, and Electronic Transfer DFT0000389 I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the City of Toppenish, and that I am authorized to authenticate and certify to said claim. 7/9/2026 Adam Vaughn, Finance Director Date Page 12 of 46  Request for Council Action Agenda Bill No.: 26-59 Meeting Date: July 13, 2026 Subject: AB 26-59: [Proposed] Resolution No. 2026-29, Amendment to AT&T Lease Agreement. Attachments: 1. Resolution No. 2026-29 Amending Lease Agreement with AT&T 2. 10106511 - Second Amendment to Lease Agreement_AT&T EXECUTED Presented By: Andrew Hattori, Director of Community Infrastructure and Development Approved for Dan Ford, City Manager Agenda By: Discussion: In August of 2006, the City of Toppenish entered into an agreement with New Cingular PCS, LLC (d/b/a AT&T Mobility Corporation) in which we would lease a portion of space on our Water Tower located on the Public Works building property at 408 Washington Avenue, for their cell service equipment. The initial lease commenced in 2006 and would extend every five years until 2026, every extension included a "rent" increase. MD7, a representative for AT&T, engaged staff in considering an extension for another 20 years of rent. Staff researched the current market for cell leases, current condition of the water tower, cell market trends and negotiated with the involved parties for an agreement to extend the lease that would provide the City with approximately $248,250 in revenue. These changes result in the total amount collected over the 20 years being approximately $248,250. Fiscal Impact: Approval of the amendment will continue and increase a revenue source for the City's Water Fund. The Finance Director has reviewed this item. Recommendation: Approve Resolution No. 2026-29, Authorizing the City Manager to amend the lease agreement between the City and New Cingular PCS, LLC for rental space on the Public Works property water tower. Alternatives: Page 13 of 46  RESOLUTION 2026-29 A RESOLUTION OF THE CITY OF TOPPENISH, WASHINGTON AMENDING THE WATER TOWER LEASE AGREEMENT BETWEEN THE CITY AND NEW CINGULAR PCS, LLC D/B/A AT&T MOBILITY CORPORATION FOR CELL TOWER RENTAL SPACE WHEREAS, the City of Toppenish (hereinafter the “City”) has an existing agreement with New Cingular PCS, LLC (New Cingular) to rent a certain portion of the water tower located at 408 Washington Avenue for cell provider purposes; and, WHEREAS, New Cingular desires to extend the agreement an additional 20 years beyond the end of the current agreement expiration date in 2046; and WHEREAS, the City and New Cingular have agreed to terms which would provide the extension and approximately $248,250 in revenue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TOPPENISH WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION 1. Approval: The City Manager, or their designee, is authorized to enter into an amended contract with New Cingular d/b/a AT&T Mobility Corporation for cell tower rental space. Section 2. Corrections: The City Clerk is authorized to make necessary corrections to this Resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, Resolution numbering, section/subsection numbering and any references thereto. Section 3. Effective Date: This Resolution shall be effective immediately upon passage and signatures hereto. PASSED by the Toppenish City Council at its regular meeting held on July 13, 2026. ________________________________ ELPIDIA SAAVEDRA, MAYOR ATTEST: ______________________________________ HEIDI RIOJAS, CMC, City Clerk APPROVED AS TO FORM: Resolution No. 2026-29 1 Page 14 of 46 _______________________________________ DANIEL B. HEID, City Attorney Resolution No. 2026-29 2 Page 15 of 46 Docusign Envelope ID: 39401E4E-4F87-8C97-80EE-34EBF7500151 Market: Seattle / OR / N.ID Cell Site Number: YA4760 Cell Site Name: TOPPENISH Fixed Asset Number: 10106511 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT (“Amendment”) dated as of the later date below (“Effective Date”) is by and between City of Toppenish, a Washington State Municipality, having a mailing address at 21 West First Avenue, Toppenish, WA 98948 (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address at 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Tenant”). WHEREAS, Landlord and Tenant entered into a Lease Agreement dated August 23, 2006, as amended by First Amendment to Lease Agreement dated February 9, 2021, whereby Landlord leased to Tenant certain Premises (“Premises”), therein described, that are a portion of the Property (“Property”) located at 8A Buena Way, Toppenish, WA 98948 (collectively, the “Agreement”); and WHEREAS, the Term of the Agreement will expire on August 22, 2031, and the parties mutually desire to renew the Agreement, memorialize such renewal period and modify the Agreement in certain other respects, all on the terms and conditions contained herein; and WHEREAS, Landlord and Tenant desire to adjust the Rent in conjunction with the modifications to the Agreement contained herein; and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Renewal Term. Accordingly, at the end of the final Extension Term presently set forth in the Agreement, the Term will automatically renew for four (4) separate consecutive additional periods of five (5) years each (each being defined as a “Renewal Term”) upon the same terms and 2026 Amendment -1- Page 16 of 46 Docusign Envelope ID: 39401E4E-4F87-8C97-80EE-34EBF7500151 conditions of the Agreement, unless Tenant notifies Landlord in writing of Tenant’s intention not to renew the Agreement at least sixty (60) days prior to the expiration of the existing term. 2. Modification of Rent. Commencing on August 23, 2026 the current Rent payable under the Agreement shall be Nine Hundred Twenty-Five and No/100 Dollars ($925.00) per month (the “Rent”), and shall continue during the Term, subject to adjustment, if any, as provided below. In the event of any overpayment of Rent prior to or after the Effective Date, Tenant shall have the right to deduct from any future Rent payments an amount equal to the overpayment amount. 3. Future Rent Increase / Renewal Term Increase. The Agreement is amended to provide that commencing on August 23, 2031, Rent shall increase by seven and one-half percent (7.5%) and at the beginning of each Renewal Term, as applicable. 4. Emergency 911 Service. In the future, without the payment of additional Rent, or any other consideration, and at a location mutually acceptable to Landlord and Tenant, Landlord agrees that Tenant may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. 5. Acknowledgement. Landlord acknowledges that: 1) this Amendment is entered into of the Landlord’s free will and volition; 2) Landlord has read and understands this Amendment and the underlying Agreement and, prior to execution of this Amendment, was free to consult with counsel of its choosing regarding Landlord’s decision to enter into this Amendment and to have counsel review the terms and conditions of this Amendment; 3) Landlord has been advised and is informed that should Landlord not enter into this Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non-renewal provision therein, would remain in full force and effect. 6. Notices. Section 17 of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, payments of rent, demands, and other communications required or permitted hereunder shall be given as follows: For Notices of Default to Tenant: a) To Tenant’s Lease Administration Department at NoticeIntake@att.com; and b) To Tenant’s Law Department via First Class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid: New Cingular Wireless PCS, LLC Attn.: Legal Dept – Network Operations Re: Cell Site #: YA4760; Cell Site Name: TOPPENISH (WA) Fixed Asset #: 10106511 208 S. Akard Street Dallas, TX 75202-4206 2026 Amendment -2- Page 17 of 46 Docusign Envelope ID: 39401E4E-4F87-8C97-80EE-34EBF7500151 For Notices of Default to Landlord: a) To Landlord at dan.ford@cityoftoppenish.us; and b) To Landlord’s Law Department via First Class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid: City of Toppenish Attn: City Manager 21 West First Avenue Toppenish, WA 98948 All other Notices will be sent: a) To Tenant’s Lease Administration Department at NoticeIntake@att.com; and b) To Landlord at dan.ford@cityoftoppenish.us Notices by email will be effective on the first calendar day after it was sent unless the sender receives an automated message that the email has not been delivered. Electronic mail shall be sent with a read receipt, but a read receipt shall not be required to establish that notice was given and received. All other Notices shall be effective when received unless returned undelivered. Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein. 7. Charges. All charges payable under the Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of the Agreement. 8. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 9. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. [NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE] 2026 Amendment -3- Page 18 of 46 Docusign Envelope ID: 39401E4E-4F87-8C97-80EE-34EBF7500151 IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written below. LANDLORD: TENANT: City of Toppenish, New Cingular Wireless PCS, LLC, a Washington State Municipality a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: By: Wayne Wooten Print Name: Print Name: Its: Its: Director 7/10/2026 Date: Date: 2026 Amendment -4- Page 19 of 46  Request for Council Action Agenda Bill No.: 26-60 Meeting Date: July 13, 2026 Subject: AB 26-60: [Proposed] Resolution No. 2026-30, Accepting Bid for Electric Street Sweeper Procurement from SWS Equipment. Attachments: 1. Street Sweeper Quote 2. Street Sweeper Proposal 3. Resolution No. 2026-30 Street Sweeper Selection Presented By: Andrew Hattori, Director of Community Infrastructure and Development Approved for Dan Ford, City Manager Agenda By: Discussion: In 2025, the City of Toppenish was awarded a $400,000 grant through the Yakima Valley Conference of Governments Carbon Reduction Program for the purchase of a new street sweeper that meets or exceeds current federal clean air standards. The grant is funded through a combination of federal and state dollars. In July 2025, the City Council authorized the City to enter into an Local Agency Agreement for the purchase of a propane-fueled street sweeper in the amount of $400,000. In November 2025, this authorization was updated following the State’s determination that only electric street sweepers were eligible for funding under the program. In 2025, Council also authorized the City to seek bids once grant funds were allocated to the City. In May 2026, a Request for Bids (RFB) was advertised seeking qualified entities to submit bids to supply the mentioned street sweeper. Subsequently, in June 2026, a public bid opening occurred in which one responsive bidder, SWS Equipment (SWS), submitted a sufficient bid of $344,990.29 to provide Toppenish with a Tenax Electra 2.0 Evos Electric Street Sweeper. Staff has reviewed the submittal and determined that the bid from SWS is sufficient in meeting the required specifications. This proposal is to accept the bid and forward it to WSDOT for final review before acquiring the street sweeper. Fiscal Impact: None. The costs associated with acquiring the street sweeper will be covered through the Yakima Valley Conference of Governments (YVCOG) Carbon Reduction Program. The Finance Director has reviewed this item. Recommendation: Approve Resolution No. 2026-30, accepting the bid from SWS Equipment for Electric Street Sweeper Procurement Services. Page 20 of 46 Alternatives: Page 21 of 46 Page 22 of 46 Page 23 of 46 Page 24 of 46 Page 25 of 46 Page 26 of 46 Page 27 of 46 Page 28 of 46 Page 29 of 46 Page 30 of 46 Page 31 of 46 Page 32 of 46 Page 33 of 46  RESOLUTION 2026-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TOPPENISH, WASHINGTON, ACCEPTING THE BID FROM SWS EQUIPMENT TO PROVIDE TOPPENISH WITH AN ELECTRIC STREET SWEEPER USING CARBON REDUCTION PROGRAM FUNDS. WHEREAS, in 2025 the City of Toppenish (City) was awarded a $400,000 grant through the Yakima Valley Conference of Governments Carbon Reduction Program for the purchase of an electric street sweeper, funded through a combination of federal and state funds, and WHEREAS, on July 28, 2025, the City Council authorized the City to enter into an Local Agency Agreement with the Washington State Department of Transportation for the purchase of a street sweeper, and WHEREAS, in November 2025, the Council’s authorization was updated following the State’s determination that only electric street sweepers were eligible for funding under the program, and WHEREAS, the City submitted all required grant documentation to the Washington State Department of Transportation in December 2025, and WHEREAS, in May 2026, the City issued a Request for Bids for the acquisition of an electric street sweeper; and WHEREAS, in June 2026 a public bid opening was conducted in which one responsive bidder, SWS Equipment, submitted a sufficient bid of $344,990.29 to provide an electric street sweeper to the City. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TOPPENISH, WASHINGTON, AS FOLLOWS: Section 1. A. The City Council authorizes the City Manager, or their designee, to provide the necessary documents to WSDOT and take all necessary steps to progress and acquire the listed equipment. Section 2. Corrections: The City Clerk is authorized to make necessary corrections to this Resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, Resolution numbering, section/subsection numbering and any references thereto. Section 3. Effective Date: This Resolution shall be effective immediately upon passage and signatures hereto. PASSED by the Toppenish City Council at its regular meeting held on July 13, 2026. Resolution No. 2026-30 Page 34 of 46  _________________________________________ ELPIDIA SAAVEDRA, Mayor ATTEST: __________________________________ HEIDI RIOJAS, CMC, City Clerk APPROVED AS TO FORM: __________________________________ DANIEL B. HEID, City Attorney Resolution No. 2026-30 Page 35 of 46  Request for Council Action Agenda Bill No.: 26-61 Meeting Date: July 13, 2026 Subject: AB 26-61: [Proposed] Resolution No. 2026-31, Interim City Manager Agreement Attachments: 1. Resolution No. 2026-31 Professional Services Agreement 2. Adam Vaughn Interim CM Contract Presented By: Dan Ford, City Manager Approved for Dan Ford, City Manager Agenda By: Discussion: On June 15th, the current City Manager submitted his resignation and the recruitment for a new City Manager was discussed at the July 6th study session. The City will be contracting with GMP consultants to conduct the permanent City Manager search. In the interim, the proposed agreement would appoint the current Assistant City Manager, Adam Vaughn, as the interim City Manager. Fiscal Impact: The agreement includes $2,000 a month pay for interim City Manager duties. This amount is less than the budgeted amount for the City Manager's salary. Recommendation: Approve Resolution 2026-31 appointing Adam Vaughn as Interim City Manager. Alternatives: Page 36 of 46  RESOLUTION NO. 2026-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TOPPENISH, WASHINGTON, AUTHORIZING ACCEPTANCE OF THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF TOPPENISH AND ADAM VAUGHN FOR THE POSITION OF INTERIM CITY MANAGER WHEREAS, on June 15, 2026, the City Manager submitted his resignation effective July 15, 2026, and the City of Toppenish is in need of an Interim City Manager; and WHEREAS, the City of Toppenish is a non-charter optional municipal code city organized under the council-manager form of government; and WHEREAS, the City of Toppenish desires for the Interim Manager to serve as Interim City Manager and said Adam Vaughn desires to accept the position as the Interim City Manager for the City of Toppenish NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TOPPENISH, WASHINGTON, AS FOLLOWS: Section 1. Approval: The Professional Services Agreement between the City of Toppenish and Adam Vaughn for the Position of Interim City Manager is approved by the Toppenish City Council and the Mayor is authorized to execute the same. Section 2. Corrections: The City Clerk is authorized to make necessary corrections to this Resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, Resolution numbering, section/subsection numbering and any references thereto. Section 3. Effective Date: This Resolution shall be effective immediately upon passage and signatures of both parties hereto. PASSED by the Toppenish City Council at its regular meeting held on July 13, 2026. _________________________________________ ELPIDIA SAAVEDRA, Mayor ATTEST: __________________________________ ELVIA CISNEROS, City Clerk Pro Tem APPROVED AS TO FORM: __________________________________ DANIEL B. HEID, City Attorney Resolution No. 2026-31 Page 37 of 46  PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF TOPPENISH AND ADAM VAUGHN FOR THE POSITION OF INTERIM CITY MANAGER THIS AGREEMENT is made by and between the City of Toppenish, hereinafter referred to as the “City” and Adam Vaughn, hereinafter referred to as the “Interim Manager,” to be effective on the date the last party to sign so signs. WHEREAS, the City of Toppenish is a non-charter optional municipal code city organized under the council-manager form of government; and WHEREAS the City desires for the Interim Manager to serve as Interim City Manager and said Adam Vaughn desires to accept the position as the Interim City Manager for the City of Toppenish. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, THE PARTIES HEREBY AGREE as follows: 1. Commencement of Services. The City agrees to employ the Interim Manager, and the Interim Manager agrees to accept the position of Interim City Manager for the City of Toppenish in accordance with the terms and conditions of this Agreement, this in addition to his continuing to fulfill the duties as Finance Director for the City. 2. Term. This Agreement shall be effective upon execution by the parties as specified herein and shall terminate after the City hires a permanent full-time City Manager, provided that if the Interim Manager feels he cannot adequately fulfill both his duties as Finance Director and Interim City Manager, the Interim Manager shall have the authority to terminate his role as Interim City Manager. Upon termination, the Interim Manager shall be authorized to return to solely the position as Finance Director at the then-current rate of pay. 3. Duties. The Interim Manager shall perform all duties and obligations of the City Manager as required by law, and such other duties as are assigned from time to time by the City Council. The Interim Manager shall attend all special and regular meetings of the City Council, unless excused, and such other meetings as required by the City Council. 4. Salary. The Interim Manager shall be paid the same rate of compensation as his current position of Finance Director, with an additional Two Thousand Dollars ($2,000.00) per month for the additional work serving as the Interim City Manager, to be paid in accordance with the procedures for other employees of the City. 5. Benefits. The Interim Manager shall receive the same level of employee benefits as he received in his position of Finance Director. 6. Termination. a. By the City. The parties recognize and acknowledge that the Interim Manager is an “at will” position and that the City Council may terminate him from the Interim City 1 Page 38 of 46  Manager position, with or without cause at any time and for any reason. In the event the Interim Manager is terminated without cause from the Interim City Manager position, the Interim Manager shall revert back to his position as Finance Director. b. By the Interim Manager. In the event the Interim Manager elects to terminate his position as Interim City Manager, the Interim Manager shall work with the Mayor to transition back to his position as Finance Director. 7. Indemnification. The City shall indemnify, hold harmless, and defend the Interim Manager from and against any claims related to or arising out of the good faith exercise of the powers and duties of a City Manager. This indemnification and hold harmless shall continue after the Interim Manager’s employment ends, but only insofar as it relates back to claims arising either directly or indirectly out of his employment by the City. 8. Integration. This Agreement constitutes the entire agreement between the parties, and both parties acknowledge that there are no other agreements, oral or otherwise, that have not been fully set forth in the text of the Agreement. 9. Modification. The parties agree that this Agreement can be amended or modified only with the written concurrence of both parties. 10. Notices. Any notice required to be given under this Agreement shall be delivered or mailed to the following parties at the following addresses: City: Interim Manager: City of Toppenish Adam Vaughn 21 West First Avenue 207 Parsons Avenue Toppenish, WA 98948 Yakima, WA 98908 Notices may either be delivered personally to the addressee of the notice, or may be deposited in the United States mail, postage prepaid to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 11. Authorization of Facsimile Copies. Both parties agree that upon the Interim Manager signing a facsimile copy of this Agreement, transmitting the same to the City, and upon the Mayor signing said facsimile copy, that both parties shall be bound by the terms and provisions of this Agreement. Both parties shall subsequently execute the original, non- facsimile copies of this Agreement, which shall be substituted for the signed facsimile copy. 12. Effective Date. All compensation and benefits under this Agreement shall begin to accrue as of July 16, 2026, which shall be the effective date of this Agreement. 13. General Provisions. Failure to enforce any provisions of this Agreement shall not constitute a waiver of said provision. This Agreement represents the entire agreement between the parties. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. Any unresolved dispute shall be submitted to arbitration. The dispute 2 Page 39 of 46  shall be submitted to a single arbitrator mutually agreed by the parties. If the parties are unable to agree, the arbitrator shall be determined by the Yakima County Superior Court, and arbitration shall be conducted pursuant to RCW 7.04A, with both parties waiving the right to jury trial in the event of a de novo appeal. Arbitration shall be conducted in Toppenish, Yakima County, Washington, the cost of the arbitration shall be equally borne by the parties, and the arbitrator shall award, as additional judgment against the other, attorney’s fees and costs to the prevailing party. DATED this 13th day of July 2026. City of Toppenish Adam Vaughn Elpidia Saavedra, Mayor Adam Vaughn – Interim Manager Attest: Heidi Riojas, CMC, City Clerk Approved as to form: Daniel B. Heid, City Attorney 3 Page 40 of 46  Request for Council Action Agenda Bill No.: 26-62 Meeting Date: July 13, 2026 Subject: AB 26-62: [Proposed] Resolution No. 2026-32, Toppenish Historical Society Temporary Personal Property Storage Agreement Attachments: 1. Resolution - Property Storage Agreement - Toppenish Historical Society 2. Toppenish Historical Society Property Storage Agreement - Exhibit A Presented By: Daniel Heid, City Attorney Approved for Dan Ford, City Manager Agenda By: Discussion: During the July 6, 2026, Study Session, the City Manager presented a Temporary Property Storage Draft Agreement with the Toppenish Historical Society, providing a 60- day time-frame to allow the Historical Society to remove its personal property from the library building. Following Council Discussion, the consensus was to present the proposed agreement for Council consideration and approval. Fiscal Impact: None Recommendation: Approve resolution 2026-32 authorizing the agreement with the Toppenish Historical Society. Alternatives: Page 41 of 46  RESOLUTION NO. 2026-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TOPPENISH, WASHINGTON, APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF TOPPENISH AND THE TOPPENISH HISTORICAL SOCIETY FOR TEMPORARY PERSONAL PROPERTY STORAGE WHEREAS, the City of Toppenish has, in the past, worked with a variety of different local agencies, including, the Toppenish Historical Society, for library, museum, and community historical purposes at the City’s Library Building located at 1 South Elm Street, Toppenish, Washington; and WHEREAS, in connection therewith, the City of Toppenish acquired said 1 South Elm Street, property, which property was originally burdened by a 20-year obligation for public use, which 20-year obligation expired decades ago, and no such burden currently applies; and WHEREAS, since the expiration of the 20-year burden/obligation, certain items of personal property have been left in the City’s building which has not been retrieved by its owners, including the Toppenish Historical Society; and, WHEREAS, the City of Toppenish needs to have such personal property removed from the building, so that the City can determine its appropriate use of the building for City purposes or permissible uses by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TOPPENISH, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Approval of Agreement: The that the Agreement between the City of Toppenish and the Toppenish Historical Society for Temporary Personal Property Storage, in conformity with the document attached hereto, marked as Exhibit “A” and incorporated herein by this reference, is approved and ________________ is authorized to execute the same on behalf of the City of Toppenish. Section 2. Corrections: The City Clerk is authorized to make necessary corrections to this Resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, Resolution numbering, section/subsection numbering and any references thereto. Section 3. Effective Date: This Resolution shall be effective immediately upon passage and signatures of both parties hereto. PASSED by the Toppenish City Council at its regular meeting held on July 13, 2026. _________________________________________ ELPIDIA SAAVEDRA, Mayor Resolution No. 2026-___ Page 42 of 46 ATTEST: __________________________________ ELVIA CISNEROS, City Clerk Pro Tem APPROVED AS TO FORM: __________________________________ DANIEL B. HEID, City Attorney Resolution No. 2026-___ Page 43 of 46  EXHIBIT “A” CITY OF TOPPENISH – TOPPENISH HISTORICAL SOCIETY TEMPORARY PERSONAL PROPERTY STORAGE AGREEMENT This Temporary Personal Property Storage Agreement, dated _______________, is between the City of Toppenish, a Washington Municipal Corporation, referred to in this Agreement as "Real Property Owner" and the Toppenish Historical Society, referred to in this Agreement as “Personal Property Owner. PARTIES: The Real Property Owner is and shall be represented by City Manager Dan Ford. The Personal Property Owner is and shall be represented by ______________________. The Contact Information (Address and phone number(s)) for the Parties is as follows: The Real Property Owner Dan Ford, City Manager City of Toppenish 21 West 1st Avenue Toppenish, WA 98948 The Personal Property Owner ________________________________ ________________________________ ________________________________ Each Party agrees to notify the other if any changes are made to the above-listed contact information. The Personal Property Owner may not assign or transfer its rights or obligations hereto without the advance written consent of the Real Property Owner. TERM: The Term of this Agreement shall be for Sixty (60) days from the date hereof. PERSONAL PROPERTY STORAGE: The Personal Property Owner shall be allowed to store its personal property at the building of the Real Property Owner located at 1 South Elm Street, Toppenish, WA 98948 for the period of the Term hereof. City of Toppenish – Toppenish Historical Society Temporary Personal Property Storage Agreement 1 Page 44 of 46 By the conclusion/expiration of the Term of this Agreement, the Personal Property Owner shall remove its personal property from the Real Property Owner’s premises. RENT PAYMENT: The Personal Property Owner shall pay the Real Property Owner the sum of _________ as rental costs for its storage of its personal property at the building described above, for the term hereof. INSURANCE - INDEMNIFICATION: It is understood that the Real Property Owner carries no insurance coverage which would cover in any way whatsoever any loss that may be suffered by the Personal Property Owner by theft, fire, vandalism, water damage, or by any cause whatsoever. To the greatest extent allowed by Washington law, Personal Property Owner hereby agrees to indemnify and hold the Real Property Owner harmless from and against any and all claims for damage to property or personal injury cost including attorney fees arising from the use of the rental unit. Personal Property Owner, at Personal Property Owner's expense, shall maintain a policy of fire, extended coverage endorsement, burglary, vandalism for actual cash value of stored property. Personal Property Owner agrees that no portion of the rent is used to pay Real Property Owner's insurance, and Personal Property Owner is not a co-insured or beneficiary of any insurance maintained by Real Property Owner, including but not limited to fire or structural insurance. Real Property Owner provides no security for Personal Property Owner or Personal Property Owner's personal property. NO BAILMENT: The Real Property Owner is not a warehouseman engaged in the business of storing goods for hire, and no bailment is created by this Agreement. The Real Property Owner exercises no care, custody or control over the Contents or any other party’s property located on, at or around the Storage Location. NO ORAL AGREEMENTS/WAIVER: This Agreement contains the entire Agreement between Real Property Owner and Personal Property Owner, and no oral agreements shall be of any effect whatsoever. Personal Property Owner agrees that the Personal Property Owner is not relying, and will not rely, upon any oral representation made by Real Property Owner or by Real Property Owner's agents or employees purporting to modify or add to this rental Agreement. City of Toppenish – Toppenish Historical Society Temporary Personal Property Storage Agreement 2 Page 45 of 46 Personal Property Owner understands and agrees that this Agreement may be modified only in writing. Real Property Owner's failure to strictly enforce any part of this Agreement shall not be deemed a waiver, and the Real Property Owner shall be entitled to strictly enforce all terms of this Agreement in the future without prior notice to the Personal Property Owner. Do not sign this Agreement until you have read it and fully understand it. This agreement limits the Real Property Owner’s liability for loss of or damage to your stored property. If you have any questions concerning its legal effect, consult your legal advisor. SIGNED this ______ day of ___________________, 2026. _______________________________________________ Representative of the Personal Property Owner SIGNED this ______ day of ___________________, 2026. _______________________________________________ Representative of the Real Property Owner City of Toppenish – Toppenish Historical Society Temporary Personal Property Storage Agreement 3 Page 46 of 46