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HomeMy WebLinkAbout2018/10/15 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF October 15, 2018 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. We have changed the packet format so that it is an interactive document. Please click on the agenda item which then takes you to the cover sheet of that section in the document. To get back to the agenda, hit your "home" key on the keyboard. Please see draft briefing agenda for schedule. ltr q; o 'coir /! ., -185 rrd� '/& Mason County Support Services Department Budget Management o ,ip '' -„� th Commissioner Administration 411 North 5 Street Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services %G Labor Relations Risk Management o'/ MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES October 15, 2018 • Specific Items for Review o Extension of contract for Bella Casa Cleaning Services—Ross o Foothills Park park host— Ross o State Homeland Security Program (SHSP) FY-18 Grant Contract# E19-091 for$23,124 from Washington State Military Department (EMD) and US Department of Homeland Security. Performance period is from 9/1/2018 to 8/31/2019—Ross o Review of Out of Class/Special/ Lead Pays - Dawn • Commissioner Discussion o Letter of Support—Mary M Knight School grant application—Cmmr. Shutty 1 1 I J:\DLZ\Briefing Items\2018\2018-10-15.docx Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Facilities EXT: 806 BRIEFING DATE: 10/15/2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information) ITEM: Bella Casa Cleaning Service 2019 contract extension EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Research the 3,d year extension of the 2016 contract with Bella Casa Cleaning Services for janitorial service for Mason County in 2019 "Performance Period; The initial performance period will be January 1, 2017 to December 31, 2017 with up to three(3)additional years based on the CONTR4 CTOR�'s performance." In 2018, Mason County extended the contract (year2) with Bella Casa Cleaning Services Contract with the fees remaining the same as 2017. In 2019, Mason County will be inquiring on extending the contract for the 3rd year with Bella Casa Cleaning Services pending any service changes or fee increases. This extension would start 01-01-2019 and end December 31, 2019. BUDGET IMPACTS: Inquire with Bella Casa Cleaning Service to see if the 2019 fees, will remain the same as 2018. RECOMMENDED OR REQUESTED ACTION: Recommend that Facilities Manager or Support Services Director to negotiate a contract extension with Bella Casa Cleaning Services for 2019. ATTACHMENTS: 1. 2018 Extension to the Bella Casa Cleaning Services contract Briefing Summary 10/10/2018 I I i I i s EXTENSION OF PROFESSIONAL SERVICES CONTRACT WITH BELLA CASA CLEANING SERVICES FOR JANITORIAL SERVICES Mason County desires to extend the contract with Bella Casa Cleaning Services that was entered into on December 20, 2016 forjanitorial services for Mason County facilities. The agreement is extended to December 31, 2018. All provisions of the agreement remain the same. Dated this 2°d day of January, 2018 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON W.......... Kevin Shut ty Commissioner ATTEST: Z6 Cle of oard Randy eatherlin,Comm Toner c APPROVED AS TO FORM: ..7; Terri Drexler,Commi sioner Tim White -aad,GhrLIMOA Emmanuel Reye.,OVices Bella Casa Cleaning i r J:\CONTRACTS\2018\Extend Bella Casa Cleaning Services contract 2018.doc I r Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks &Trails EXT: 806 BRIEFING DATE: 10-15-2018 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) ITEM: Foothills Park— Park Host applicant Lara G. Nelson EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Parks &Trails Department has Lara G. Nelson who is interested in contracting to serve as park host at Foothills Park. As park host, she will add security; do light maintenance and grounds keeping at the park. The first contract is a one year contract with the potential for additional years. Lara is a current resident of Hoodsport and knows the previous Park Host and several others in the community. Lara's interview went well and she understands the time demands of park host. Lara has also passed a WSP back ground check and her references came back with positive remarks. Lara is a writer and artist in her spare time. BUDGET IMPACTS: None at this time RECOMMENDED OR REQUESTED ACTION: I recommend that the BOCC approval an offer to Lara G. Nelson for park host at Foothills Park and prepare a Mason County Parks and Trails on-site Park Host Contractual Agreement starting October 17, 2018 through December 31, 2019 for the a BOCC Meeting Agenda item. This appointment / contract will fill the current Park Host vacancy with contracted persons. ATTACHMENTS: Mason County Foothills Park, Park Host contract Briefmg Summary 10/9/2018 Park Host Contract Page 1 of 3 MASON COUNTY PARKS AND TRAILS On-site Park Host CONTRACTUAL AGREEMENT AGREEMENT made between Lara G. Nelson , of Mason County, hereinafter referred to as On-site Park Host and MASON COUNTY PARKS AND TRAILS DEPARTMENT, State of Washington, County of Mason, State of Washington, hereinafter referred to as Contractor. RECITALS: Park Host is willing to be contracted by Contractor, and Contractor is willing to contract the Park Host, on the terms, covenants, and conditions set forth hereinafter including such terms, covenants and conditions as may be set forth hereinafter. SECTION ONE— DUTIES. Contractor hereby engages Park Host as the Park Host of MASON COUNTY PARKS AND TRAILS DEPARTMENT, Foothills Park , Hoodsport, Washington. The duties of MASON COUNTY PARKS AND TRAILS Park Host specifically require: ♦ Being at the Mason County Park site during the hours of darkness and during the day on Friday, Saturday, Sunday and Holidays. Time off during the week is allowable, please notify the contractor. ♦ Park Host will open and close the park daily in accordance with park hours as deemed so by Contractor. The evening security round shall consist of ensuring the doors of all buildings or restrooms are locked, gates are shut and locked, and all guests are off the grounds. ♦ Conduct a daily park inspection, advising Mason County Parks and Trails Department of any hazardous or unsafe condition that may exist; any broken fixtures, lighting or plumbing and any vandalism to the park facilities. ♦' Perform light maintenance of park grounds as directed, i.e. stock and clean restrooms, litter pick-up, and other duties as assigned. ♦ Park Host agrees to call the Mason County Sheriff if anything out of the ordinary is observed or heard; but under no condition or situation will attempt to apprehend the person(s) so acting. ♦ Requests for off duty time shall be negotiated with the Contractor. ♦ Park Host is required to make the appropriate contacts if any situation should require intervention by parks staff or law enforcement. Contact persons are: 1. Carl Olson 360-427-9670, extension 535 Cell: 360-490-0539 Home: 360-432-0465 2. Ross McDowell 360-427-9670, extension 806 Cell: 360-490-7646 Home: 360-751-2961 OR Emergency: 911 Park Host hereby accepts and agrees to such engagement, subject to the general supervision and pursuant to the orders, advice and direction of related services and duties as may be assigned to him/her from time to time by Contractor, subject to mutual consideration of Section Three. Park Host Contract Page 2 of 3 SECTION TWO -TERMS. The term of this agreement shall be from October 17, 2018 to December 31, 2019. SECTION THREE - COMPENSATION TO PARK HOST/RESIDENT. Contractor shall provide for Park Host, and Park Host shall accept from Contractor, in full payment for Park Host services the following: A designated park host site located at the park. Be it understood that the Park Host shall be responsible for providing his/her telephone carrier and long distance service. Contractor shall provide electrical utilities, water, septic and garbage service. SECTION FOUR—PARK HOST/RESIDENT BENEFITS. It is understood and agreed by both Contractor and Park Host that Park Host is not an employee of Contractor and shall not receive the benefits available to Mason County Employees including, but not limited to: vacation time, sick leave, personal holiday, medical insurance, dental insurance, vision insurance, etc. It is further agreed by the Contractor to carry Industrial Insurance coverage on the Park Host. SECTION FIVE—CONDITIONS OF SERVICE. Park Host shall maintain designated residential area in a neat, orderly manner, and shall prevent the accumulation of debris, or any other material or objects which are not compatible to the environment of the park area such as metal, lumber or wood products, abandoned vehicles or appliances, tires or any other like materials. No services or activities shall be undertaken on Mason County Parks Property which result in compensation or benefit to the Park Host. There shall be no unauthorized or private use of park. All residents at the County-owned premises shall undergo a Washington State Patrol Background Check that indicates they are acceptable for involvement with youth activities. No illegal activities involving the Park Host shall be undertaken or allowed to take place on or about the park properties or Park Host residence. Only the Park Host shall be allowed to operate County-owned equipment, and then, only in the performance of work approved by the County. Residence in County-owned facilities is restricted to the Contractor and their immediate family. Residence shall be defined as any extended stay of more than one week in a calendar month. Immediate family shall mean the spouse and or legal dependants of the Contractor. SECTION SIX- CONFLICTING OBLIGATION. In cases of emergency or conflicting obligation, the Park Host is responsible for the continued completion of the duties specified in this contract. If the Park Host is unable to resolve the conflict, Mason County Parks and Trails Director must be notified. SECTION SEVEN - CONTRACT AUTHORITY RESERVED BY COUNTY. Notwithstanding anything contained herein to the contrary, Contractor shall not have the right to make any contracts or commitments for, or on behalf of the County without the written consent of the County SECTION EIGHT- ENTIRE AGREEMENT. This Agreement, together with any Attachments, represents the obligations of both the County and the Contractor in their entirety. No other representations, whether verbal or in writing, that are not contained herein, shall be binding upon the parties. SECTION NINE - AMENDMENT OF AGREEMENT. This Agreement may be changed or modified only with the mutual agreement of both the Contractor and the Park Host, and only then upon approval through the appropriate processes then in effect for the County for the obligations contained in any modification or change. SECTION TEN -TERMINATION. This agreement may be terminated by either party, without cause, upon six weeks written notice to the other. In case of any violation of the terms of this Agreement by Contractor, or the physical inability of the Contractor to perform the required duties, the County may terminate employment immediately, with compensation only to the date of such termination. Park Host Contract Page 3 of 3 E SECTION ELEVEN - SEVERABILITY. In the event that any competent court finds any specific term or provision of this Agreement invalid, the remaining terms and provisions shall be in full force and effect as if such provisions were not contained herein. SECTION TWELVE - CHOICE OF VENUE. It is the intention of the parties that all suits and special proceedings pertaining to the enforcement of this Agreement shall be in accordance with and pursuant to the laws of the State of Washington. Any actions or matters shall come before the courts of Mason County, Washington for actions and/or decisions. SECTION THIRTEEN -TERMINATION FOR DISABILITY. Notwithstanding anything in this agreement to the contrary, Contractor is hereby given the option to terminate this agreement in the event that Park Host shall, during the term hereof, become permanently disabled, as the term permanently disabled is hereinafter fixed and defined. Such option shall be exercised by Contractor giving notice to Park Host by registered mail, addressed to him/her at or at such other address as Contractor shall designate in writing. On the giving of such notice, this Agreement shall cease on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally herein set forth as the termination date thereof. For the purpose of this agreement, Park Host shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability or for other cause beyond his/her control he/she shall have been continuously unable or unwilling or shall have failed to perform his/her duties for a total period of thirty (30) days, irrespective of whether or not such days are consecutive. For the purpose hereof, the term any year of the term hereof, is defined to mean any 12-month calendar year period during the Park Host's affiliation with the Contractor in the capacity of Mason County Parks and Trails Park Host. SECTION FOURTEEN - SAFETY POLICY. It shall be a condition of employment to follow all safety practices set forth in Mason County Accident Prevention Policy and the State of Washington. IN WITNESS WHEREOF, the parties have executed this agreement at Shelton, Washington on this, the day of , 20 ON-SITE PARK HOST Tim Whitehead, Chief Deputy Prosecutor BOARD OF MASON COUNTY COMMISSIONERS Lara G. Nelson Randy Neatherlin, Chair Date: Kevin Shutty, Commissioner ATTEST: Terri Drexler, Commissioner Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: i MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Emergency Management EXT: 806 BRIEFING DATE: October 15, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: State Homeland Security Program (SHSP) FY-18 Grant Contract # E19-091 for $23,124 from Washington State Military Department (EMD) and US Department of Homeland Security. Performance period is from 9/1/2018 to 8/31/2019. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Mason County Emergency Management Division is part of Homeland Security Region 3 (Mason, Lewis, Thurston, Grays Harbor and Pacific Counties). This is an annual grant received from the US Department of Homeland Security pass-through Washington State Military Department (EMD) and then to the Homeland Security Regions. At our Regional level the funding is disbursed by a formula involving a base amount and population. Mason County has received the yearly SHSP Grant since 2003. The funding for this grant has been slowly decreasing over the years and this year's grant amount is for $23,124 (2017- $24,624). The grant is being used for secondary power, communications and support of past SHSP projects. BUDGET IMPACTS: Increase 2019 budget revenue for Emergency Management and spending authority for the grant amount $23,124. RECOMMENDED OR REQUESTED ACTION: Recommend accepting the SHSP FY-18 grant contract # E19-091 and allow the Emergency Management Manager to sign the contract for Mason County to receive the funding. ATTACHMENTS: Excerpts from Homeland Security Grant Agreement #E19-091 I, Briefing Summary 10/10/2018 Washington State Military Department HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: Mason County Emergency Management $23,124 E19-091 100 West Public Works Drive,Building 1 Shelton,WA 98584-9714 4. Subrecipient Contact,phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ross McDowell,360-427-9670 Ext.806 September 1,2018 August 31,2019 rmcdowell@co.mason.wa.us 7. Department Contact, phone/email: 8. Data Universal Numbering System(DUNS): 9. UBI#(state revenue): Zoie Choate,253-512-7461 069580751 232-002-101 zoie.choate@mil.wa.gov 10. Funding Authority: Washington State Military Department(the"Department")and the U.S. Department of Homeland Security(DHS) 11. Federal Funding Identification#: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance(CFDA)#&Title: EMW-2018-SS-00088-S01 08/28/2018 97.067-18HSGP(SHSP) 14. Total Federal Award Amount: 15. Program Index#&OBJ/SUB-OBJ: $13,788,000783SB,783SC,783SH,783SL,783SN,783SQ,783SZ/NZ 16. Service Districts: 17. Service IArea by County(ies): 18. Women/Minority-Owned,State BY LEGISLATIVE DISTRICTS: 35 Mason Certified? X N/A ❑ NO BY CONGRESSIONAL DISTRICTS: 6 ❑ YES,OMWBE# 19. Agreement Classification 20. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental RCW 39.34 ❑ Interagency 21. Subrecipient Selection Process: 22. Subrecipient Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES ONO ❑CONTRACTOR X SUBRECIPIENT ❑ OTHER 23. PURPOSE&DESCRIPTION: The purpose of the Federal Fiscal Year(FFY)2018 Homeland Security Grant Program(18HSGP)is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States. 18HSGP provides funding to implement investments that build,sustain,and deliver the core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation.18HSGP supports core capabilities across the five mission areas of Prevention,Protection,Mitigation,Response,and Recovery based on allowable costs. HSGP is comprised of three interconnected grant programs: State Homeland Security Program(SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG). Together, these grant programs fund a range of preparedness activities, including planning, organization,equipment purchase,training,exercises,and management and administration. The Department is the Recipient and Pass-through Entity of the 18HSGP DHS Award Letter for Grant No.EMW-2018-SS-00088-S01,which is incorporated in and attached.hereto as Attachment 1,and is making a"subaward of funds to the Subrecipient pursuant to this Agreement.The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement.The Subrecipient's Work Plan,Timeline,and Budget for the subaward are detailed in Attachment 2. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below.This Agreement Face Sheet; Special Terms&Conditions(Exhibit A);General Terms and Conditions(Exhibit B);Attachments 1 and 2;and all other documents,exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement.No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4.Special Terms and Conditions 2. DHS/FEMA Award and program documents 5.General Terms and Conditions, and, 3. Work Plan,Timeline,and Budget 6.Other provisions of the Agreement incorporated by reference. WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Ross McDowell, Manager Washington State Military Department Mason County Emergency Management BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM(if applicable): Brian E.Buchholz 9/18/2018 Sr.Assistant Attorney General Applicant's Legal Review Date F DHS-FEMA-HSGP-SHSP-FFY18 Page 1 of 39 Mason County Emergency Management, E19-091 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: October 15, 2018 PREVIOUS BRIEFING DATES: July 2, 2018 ITEM: Out of Class Pay/Lead/Special Pay EXECUTIVE SUMMARY: Mason County has four employees who are receiving out of class pay and three who are receiving Lead Pay due to increased responsibilities. Most of these employees have been receiving the special pay for extended lengths of time. There are also seven people (Sheriff&Command Staff) who are receiving a uniform allowance. There is no authorization in the Personnel Policy to allow the uniform allowance. Although, RCW 36.28.180 allows the county to pay it. f The State Auditor would like an authorization tracking system in place to allow special pays (all of them) and the duration each are agreed upon. Human Resources has worked with Payroll and the Support Service Director to devise a form to authorize the special pays by the Board of County Commissioners. Moving forward these will be brought forward as they are requested. BUDGET IMPACTS: None at this time. RECOMMENDED OR REQUESTED ACTION: Request the Board of County Commissioners consider these positions for reclassification review and approval to continue receiving the special class pay in 2019. Another consideration is to add uniform allowance language in the Personnel Policy. ATTACHMENTS: Eight Temporarily Working in a Higher Class/Out of Class/Lead Pay/Special Pay Request Forms are attached. r` k:\cmmr cover sheets\briefing cover-out of class pay 10092018.doc October 5, 2018 Office of Superintendent of Public Instruction Small Rural Modernization Grant Program P.O. Box 47200 Olympia, WA 98504 To Whom it May Concern: This letter is in support of the Mary M. Knight School District's Small Rural Modernization Grant application. Mary M. Knight serves approximately 155 students(preschool through 12th grade)with close to 70%coming from poverty. MMK's elementary school was built in 1963 and the secondary school was built in 1981.While the District maintains the facilities well,the buildings, especially the elementary, need to be updated.There are 945 registered voters within the MMK boundaries. MMK is seeking a grant to supplement a bond to be ran in 2019.This grant would provide a modern elementary school and upgrade the secondary in terms of safety and security.These are the two primary reasons that I support this application. Small rural schools, MMK in particular, serve a unique role.Since 1924, MMK has provided quality educational programs that are personalized to its students. It is also the hub of the community.Without a school located in Matlock,students would be on buses for well over an hour each way morning and afternoon.The community feeling of supporting the local youth would be lost.These students would logistically be at a disadvantage for being able to play sports, participate in clubs and school-sponsored activities, and the long transportation process would erode valuable family time each day. A modernized facility would attract students and staff and improve the educational environment. While there is support within the Matlock community for education and facilities projects, expecting 945 voters to accept a debt of over$7.45 million is unreasonable,especially when many of these families are below the poverty line. Students in rural and low-income communities also deserve a quality education with safe facilities that foster a positive learning environment.Therefore, I support Mary M. Knight's application and I hope that you will as well. Sincerely, i Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kristopher Nelsen, PAC Manager DEPARTMENT: Community Services EXT: 359 BRIEFING DATE: October 15th, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Discontinuance of the Inspection Hotline from the request for inspection process. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): While implementing our new software systems in the coming year and as access to other means of communication continue to improve and become more commonly used in the industry, it is imperative to eliminate areas of inefficiency. The Hotline message system in the last few years has proven to be a time burden in the process and should be discontinued. By eliminating this process, workflow performance improvements should be designated in other areas to improve inspection scheduling confirmations and response time. BUDGET IMPACTS: RECOMMENDED OR REQUESTED ACTION: Request approval from the board of commissioners to discontinue the building inspection hotline by December 311, 2018. ATTACHMENTS: Briefing Summary 10/10/2018 1 r I i MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit/ Todd Parker DEPARTMENT: Community Services EXT: 404 BRIEFING DATE: 10/15/18 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Letter of support for the Veteran Tiny Home project EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): A City of Shelton Council member requested a letter of support for the Veteran Tiny Home Project at the Housing and Behavioral Health Advisory Board meeting. The Board approves the attached letter and recommends the Board of County Commissioners to sign this or similar letter in support of the Veteran Tiny Home Project. BUDGET IMPACTS: N/A RECOMMENDED OR REQUESTED ACTION: Approve letter of support for the Veteran Tiny Home Project. ATTACHMENTS: Letter of support for review Briefmg Summary 10/10/2018 MASON COUNTY COMMUNITY SERVICES Public Health Community Development (Community Health/Environmental Health) (Permit Assistance Center/Building/Planning) 360-027-9670,ext.352 or 360-275-4467,ext.400 360-427.9670,ext-352 or 360-275.4467,ext.352 415 N.6th Street - Shelton,WA 98584 615 W.Alder Street-Shelton,WA 93584 10/10/18 Letter of Support: Veteran Tiny Housing in Mason County According to the United States Interagency Council on Homelessness, just over 9% of all adults experiencing homelessness in the United States are Veterans of the U.S. Military. That means that on any given day, an estimated 40,056 Veterans experience homelessness in America when referencing the Point-in-Time count conducted in January 2017 by communities across the United States. During the Mason County, January 2018, Point-in-Time count, on any given day, a minimum number of 18 Veteran households experience chronic homelessness (homeless for a year or more) in Mason County. 69% of the Veteran households counted qualified as chronically homeless which makes this population one of focus. Affordable housing and homelessness are multi-faceted problems, and so are the solutions. To end chronic homelessness, the community assists individuals experiencing chronic homelessness to move swiftly into permanent housing with the appropriate level of supportive services. The community also has resources, plans, and system capacity in place to prevent chronic homelessness from occurring and to ensure that individuals who experienced chronic homelessness do not fall into homelessness again or, if they do, are quickly reconnected to permanent housing. The tiny home village in Mason County has the capacity to do these things. Panza is part of the solution. Panza, the non-profit that operates Quixote Village and has been awarded the capital funds for the tiny home village in Mason County, has the experience in operating tiny home villages and assisting people that have experienced homeless become housed. Panza is equipped to help our community end homelessness especially among veterans by providing the much-needed affordable dwellings, support and resource connections. September 2017, Quixote Village was honored and featured in a design exhibition from Cooper Hewitt—the Smithsonian Design Museum —"By the People: Designing a Better America." None of this of course would be possible without your amazing help. This letter is intended to demonstrate support for the tiny home village in Mason County. The following signatures indicate a commitment to support the county-wide effort to end homelessness. Board of County Commissioners: Terri Drexler Randy Neatherlin, Chair Kevin Shutty PUBLIC WORKS MONDAY OCTOBER 15 2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting October 23,2018) items far this meeting are due to Dime Zoren on Wednesday;©i*ber,Z 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM • Accepting Latex Paint items at the Household Hazardous Waste Facility • Sludge Hauling Agreement Extension with AAA Septic • Updating the Public Works Organization Chart 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • Letter from Shorecrest Beach Club—Crestview Drive Speed Study Attendees: Commissioners: Public Works: Other Dept.: Press: Public: _Randy Neatherlin _Jerry Hauth List below: List below List Below: _Kevin Shutty _Bart Stepp Terri Drexler Others-List below: 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: October 15, 2018 ITEM: Adding Latex Paint to Accepted Household Hazardous Waste items EXECUTIVE SUMMARY: Currently Mason County does not accept latex paint at its Household Hazardous Waste (HHW) facility. Instead customers are directed to add kitty litter or sawdust to the paint cans and dry out the paint and dispose of it with solid waste. GreenSheen, a paint recycling company that started in Colorado in 2010, has opened a facility in Kent that recycles latex paint. The company charges fees by the pound for accepting latex paint. They separate the paints they receive by colors and then recycle it into new paint colors that are sold as recycled paint. Mason County could accept latex paint at its HHW facility on Fridays and Saturdays when the HHW facility is open. Once we have enough volume of paint, staff would deliver it to the Kent facility. This would be the cheapest option. Accepting latex paint would help remove that item from the waste stream and reduce the amount of paint ending up in the f landfill. Cost Impact to the County We do not have any good estimates of the volumes of paint we might receive from County residents. We would also be the first facility in the Olympic Peninsula area to have this service, so we could receive paint from outside the County. While we do not charge for other HHW materials, staff recommends the County charge enough for latex paint to recover our costs. This will prevent us from suffering financially in case we see a large influx of latex paint. After 1 year of this service, the County would review how much paint has been received and determine how we should continue to pay for the service. If we do charge the expenses we incur to recycle latex paint would not be eligible for LSWFA (Local Solid Waste Financial Assistance) funding from Ecology. The cost per can to recycle the latex paint would be less than the cost to dispose of it as part of solid waste. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of Commissioners approve the County to start accepting latex paint at the Household Hazardous Waste facility at the Eells Hill Transfer Station and to charge customers the cost it requires the County to take it to GreenSheen in Kent, WA. Attachment 1. GreenSheen Information Briefing Summary Join the Recycling Collection qbT-Frlendly Paint Network for Latex Paint How it Works • GreenSheen and local governments will promote your business as a drop-off location various websites.Printed promotional materials are provided at no cost. • Residential and small business customers will bring unwanted latex paint to your location during business hours.Only latex paint is accepted. • Customers are charged either by the can or by the weight of the paint that is dropped off.Drop off limits may be set by the location.(Suggested limit:20 cans.) Materials accepted:Latex paints,stains,and clear finishes. Collection sites can set the price to drop off paint. There's no sorting or opening paint cans,just place the paint can in the bin. Paint storage bins are provided at no cost. When the bins are near full,schedule a pick-up with GreenSheen Paint. Collection sites will be invoiced based on the weight of paint received from your location. Per to Pricing quart 6-gallon "grg, Y/I/ gg, M/ NO. RA, OWN "NI IF/ 0 jig '0/0, SOON, Owl pp ,, V/ ....... fal�ityjntdpo9 %% ULNA PURE Wi yr N�I / , ///l 0//11%�� ;/�/r "'"* )01� le 'rd1ranspo "Gh v Prices include paint storage containers.Collectors can charge by weight or by container.Additional fees may apply when ferry travel is required. What's Next? Contact us at the email address or phone number below to find out how your business or organization can become an official latex paint collection site. Latex int Collection Guidelines Pien'dly � '��r�Eco- Paint Accept: Latex paint (also called "acrylic" paint) and latex stains, in original containers. Do NOT accept: - Oil paint (also called "alkyd" paint) - Paint not in original container o Paint has been consolidated (different colors and/or sheens mixed together in the same container) o If the paint is not a latex paint container, for instance, paint in a coffee tin - Unlabeled/unidentifiable paint (even if the customer tells you it is latex) - Latex paint blended with another material -such as o Oil /alkyd o Lacquer o Urethane o Epoxy - Enamel can be either oil or latex. Check the label for "100% latex or acrylic" and/or "cleans up with water". If you can't determine that it is latex, please do not accept. Other ways to determine if you can accept the paint: - Check for metal ears. The "ears" are the protruding parts of the can that attach the handles to the can. Not all metal ears indicate oil paint, but all oil paint cans have metal ears. - Check the clean-up instructions. If it says "cleans up with water" it is probably latex paint and you should accept it unless the label says-it is not latex. Taking calls about latex paint recycling (be sure to mention): - Latex paint only. - Quantity restrictions if any. - Original containers only-do not combine into single container. - Cost to accept paint for recycling. Large quantity (contractors,junk haulers, property managers...): - If quantity is more than you want to accept, have them contact GreenSheen paint. They can set up an appointment with our facility in Kent. What to do with unacceptable materials: - If the customer has materials you cannot accept, refer them to the local household hazardous waste facility (HHW). - Hazardous materials are accepted at no charge. Some restrictions apply. Check with the HHW for details. Other questions: f - Call, text or email Peter Thermos-(206) 850-7383, peter@greensheenpaint.com GreenSheen Paint o 825 Central Ave. S, Kent, WA 98032 ® (25 3) 856-1442 Join the Recycling Collection Y g EcoFrienciiy Faint Network far Latex Paint ' t GreenSheen Paint is creating a network of drop-off locations for latex paint.Now your business or organization can offer this safe and convenient recycling service to your community. r „ Millions of gallons of paint are rolled,sprayed and brushed in Washington State every year.When the job is done,paint cans take up space in thousands of basements and garages.Without a latex paint recycling program,leftover paint is often thrown out with garbage or stored indefinitely. GreenSheen Paint is doing something about it.Customers will be able to pay to drop off their leftover latex paint for recycling at registered collection sites throughout Washington.The paint will be processed and sold in retail stores as recycled paint. P Help keep latex paint out of our landfills and waterways by joining the recycling network for latex paint.Your community will thank you. Utlp.A SURE Offer this NewRecycling Service to Your Community! w Become a registered collection site and provide your customers y.. yiy with a safe and convenient place to drop-off latex paint for recycling. a. Show your community that your business is a part of the effort to keep useable paint out of our landfills and waterways. Help your customers unburden themselves of unwanted paint, and reclaim their basement,garage and closet space. f MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: October 15, 2018 PREVIOUS BRIEFING DATE: October 8, 2018 ITEM: Sludge Hauling Agreement Extension with AAA Septic EXECUTIVE SUMMARY: Mason County has an existing contract with AAA Septic for hauling the sludge from our three wastewater plants (Rustlewood, North Bay, and Belfair) to the City of Shelton for solids processing. This contract expires on February 7, 2019. The signed agreement allows for three one-year extensions upon mutual consent of both parties. AAA Septic has provided very good service to the County. In 2017 they hauled a total of 640,944 gallons from the three plants. As of October 1St of this year, AAA has hauled 473,486 gallons from the three plants. The price of 12 cents/gallon will not increase and is a lower cost than what Mason County was paying to haul sludge to bio-recycling prior to the agreement with the City of Shelton. Staff is proposing to extend the current agreement for another year to February 7, 2020. A draft amendment is provided for your review along with the existing agreement. Cost Impact to the Countv The cost of this contract is covered by the operation and maintenance budgets of the three wastewater systems. RECOMMENDED OR REQUESTED ACTION: Recommend the Board of Commissioners authorize the Deputy Director/Utilities and Waste Management to sign a contract amendment extending the existing sludge hauling agreement with AAA Septic Tank Pumping and Portable Restrooms Rentals LLC through February 7, 2020. Attachment 1. 2/7/17 Signed Existing Sludge Hauling Agreement 2. Draft Agreement Extension to February 7, 2020 f Briefing Summary t � MASON COUNTY AND SLUDGE HAULING PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY"and AAA Septic Tank pumping and Portable Restrooms Rentals LLC, referred to as"CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide hauling of sludge from the County's Wastewater Treatment Facilities in Belfair, Allyn and Rustlewood; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW, THEREFORE,for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions All materials handling including handling, transportation, storage, deposition, disposal, and utilization will be subject to current state and county regulatory codes. All activities will be conducted in accordance with applicable codes and their intent to prevent illegal handling and disposal practices, and the resulting contamination from the same, vector breeding, hazardous materials handling, and aesthetic and other public nuisances. General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in"Exhibit A Scope-of-Services,"during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT shall be for a period of two years from date acceptance by the Mason County Board of Commissioners, said date being February 7, 2017. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: After two years the duration of this CONTRACT may be extended annually by mutual written consent of the parties, for periods of up to one year,for a total contract length of five years. Compensation: CONTRACTOR shall pick up sewage from the facilities owned and operated by the County and transport to receiving facility at the total cost of twelve cents/gallon ($0.12/gallon) including tax. Details stated in "Exhibit B Compensation." 1 month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit"B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee(hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit"B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR,without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10)days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause,without prejudice to any other remedy under the CONTRACT,to take all or any of the following actions: (1)cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act;the Americans with Disabilities Act of 1990; and .the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest,then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an 3 participation in this covered transaction, and CONTRACTOR agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction"without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. _ The General Service Administration List of Parties Excluded from Federal Procurement or Non- procurement Programs" is available to research this information at http://epls.arnet.gov/. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY,to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay f those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six(6)years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon 5 i i i t by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County—No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts,the Mason County's Deputy Director Public Works-Utilities and Waste Manager, as COUNTY's representative, hereinafter referred to as the Administrative Officer,for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. COUNTY's Administrative Officer: Bart Stepp, PE Mason County Deputy Director Public Works-Utilities and Waste Division 100 Public Works Drive Shelton,WA 98584 Phone: (360)427-9760 Ext. 652 E-mail: BStepp@co.mason.wa.us CONTRACTOR's Administrative Officer: Debra Lovely, Owner AAA Septic Tank pumping and Portable Restrooms Rentals LLC 2272 E Brockdale Road Shelton, WA 98584 Phone: (360)427-6110 E-mail: aaasepticllc@gmail.com 7 are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2.The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1)any act or failure to act by the Administrative Officer of COUNTY, or(2)the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten(10)days of the commencement of the act,failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3.The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty(30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY,the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a parry hereto(which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton,Washington, under the applicable American Arbitration Association(AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10)days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45)days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation,which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six(6)years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six(6)years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT,the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. r 9 EXHIBIT A SCOPE OF SERVICES A.Transportation and Disposal of Sludge The Contractor shall transport the sludge/material directly from the County's Wastewater Treatment Facilities in Belfair, Allyn and Rustlewood to the City of Shelton's Treatment Plant or any other site the County designates. Under no circumstances shall the Contractor be allowed to make any additional stops in transit to the disposal site to haul any payload other than the sludge or sewage material. All hauling and handling equipment and labor shall be provided by the Contractor. Hauling equipment shall not permit sludge to leak or splash onto roads during the loading or transportation. Contractor shall be responsible for cleaning up any spilled, leaked, or splashed sludge or other contents on roads or other areas at or away from the site of Work. All truck tanks and trailers used for hauling of sludge will be rinsed out prior to taking any sludge from a Mason County Facility. The tanks shall not have any inorganic bio-degradable items like paper, band-aids, clothing material, or plastics in them prior to accepting sludge from a Mason County Facility. HOURS OF OPERATION: The hours of operation at all facilities are from 8:00 AM until 4:00 PM seven days a week. Special arrangements or emergency service may be required outside of these hours on an as needed basis. The City of Shelton will only accept sludge Monday-Thursday and does not accept sludge after 3:00 PM. The Contractor shall provide copies of the County approved volume based "trip ticket", by the fifth(5h)day of each month. 11 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability' policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than$2,000,000 general aggregate,for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2.Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's,with two (2)or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than$2,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B.Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5)days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties")to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificates) of insurance evidencing all of the coverages required and, b)an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance 13 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety(90)days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR,the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 15 VendorsWwl questions about the ptoPbW in4Y Ofltact U.aft,S,tepo At &,�;t 65.1,or by-,emalf at .7�96.7 ,eft; i bstep The WA coIAY r0106 written bequests fqf dlafficatiqn anWor interpretatior4,foz"this Regi?est for.�_fpasal up.to seveit.���.Iiysme§s Hays prior to the.ilrie date, Proposed Schedule ec efll;10 16&becOff itef ild- Anif0p4t0d ANvgrd Ann0un�cLnent,,. T4g9day. -Ta-uary-.f7' W17 'February S*Udb4fe„ ..;...;t...,i.!;;.W ,dta4d� a-y Proposal Format )ej Pr4er tq.thoroughly afidl, A accozd4nc 'N� YM cttons.outlined in tips section_Vendors Qsq;)?TqP.QsiAsk4iw fr'din.-t'&sinstructions: may be considered 4on-respoosivp.aNd-may 6,deaf and jeoq'�! tapr'Crthat �rodli.ctsj..50*ioo And 6PP the vendors'-0 yjbp.rOql*eMeg !�ftthis U --p _jjiphg demonstrate$ xs should lie concenitated an accuracy,clacity;.c.onprI eii Aa. identifying 6 i AsiltaWlityof ft-prodketand- or si�ctlow_jogr!uc�ns Wative-to ea�G.CtliO4 blfowing-.ti�, proposal slip ofganiz jfttg.�th6.:f -BIP cleanedlnosaf Xequifemerils_ �Flrop Letter,ofTians- Vemd P. .)3 Staternerit;of Tiltent to Pay prevallijig:W* -apy)1cabte Clj,qufAtpferqn IYtason 4 -e contract agrop*ut entered into County j*reby fib"eg.u11parties that pursuant to this ndveitisemeztt;mifiorrty �id bwldMsIWWp.�Ps Va.-_P A$W'df0-filA OPPORMuO'tVlo :response to flitsJpvAll Ar6t”of-mai or Tiatiftai orititl in cotfsrderation for Edi Agreemeut dill be fbf a p0maUg WbLAPPf0v co�t agreement or titv&_y m fhat date,vtith the.pptf -totxteud OnG, he Ow000 WwQ P d: lusur'4)ke pr'*IO'r.'fO contract agreeint.r.ag.Q shall alio poAd[O-010c ikkasl d oiks.tt A fln g.Y.6 1410 S.jif filjea Such _s:s a Ube.sqbinittka W: '0OY invoice tenfi.toPay_Preva4jhg%iges:ifregiirred PROPOSAL REQUIREMENTS Vendox'Profile, please-ptovid-,a read or profile-that indicates:the number of staff year's estab..lis6d and key personnel,In,Offition, plea 5i:mll rk ar VQ Bid Proposal(Attachmeut"'In. in o `! The pautma�ay. mrdvill be based on the cost.per-.9.zaQjYtQ' Qn.CQuntYfoy-hauj.! -a- fslud e=juding4. applicable taxes. Discussions:Best and Final Proposer The Committee reserves the right to recommend a vendor for contract award based exclusively upon the written proposal,without further discussions.Should the Committee determine that further discussions would be in the best interest of the County,the Committee shall establish procedures and schedules for conducting discussions and/or presentations and will notify specific vendors.When in the best interest of the County,the Committee may permit all qualified vendors,those who meet the mandatory criteria,to revise their proposals by submitting"best and final" Proposal. Resection of Proposal Mason County reserves the right to reject any and or all proposals,and waive any informality in proposals. Service Agreement Structure A negotiated Service Agreement will define the relationship between the County and the selected Contractor. The initial Agreement will be for a period of 24 months. The Service Agreement may be negotiated,at the County's discretion,for an additional period. Subsequent agreements will not be for less than yeaily increments. The Agreement will include specific guarantees and stipulations to be met by the selected Contractor and the County. f f� 19 ATTACHMENT#2 INSURANCE REQUIREMENT For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and comply with all limits,terms and conditions stated therein. Work under this Agreement shall not commence until evidence of all required insurance and bonding is provided to the County. Evidence of such insurance shall consist of a completed copy of the Certificate of Insurance signed by the insurance agent for the Contractor and returned to the Mason County Deputy Director of Utilities/Waste Management. If for any reason,any material change in the coverage occurs during the course of this Agreement;such change will not become effective until 45 days after Mason County receives written notice of such change. The policy shall be endorsed and the certificate shall reflect that Mason County is an additional insured on the Contractor's general liability policy with respect to activities under this Agreement. The policy shall provide and the certificate reflect that the insurance afforded applies separately to each insured against whom a claim is made or suit is brought except with respect to limits of the company's liability. It is the responsibility of the Contractor to provide fire insurance for any equipment used by the Contractor. This fire insurance shall cover the entire replacement value of the equipment insured. A.MINIMUM Insurance Requirements: 1.Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability"policy form CG 00 01,with an edition date prior to 2004,or the exact equivalent.Coverage for an additional insured shall not be limited to its vicarious liability.Defense costs must be paid in addition to limits.Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than$2,000,000 general aggregate,for bodily injury, personal injury,and property damage,including without limitation,blanket contractual liability. 2.Workers'Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for the Contractors,with two(2)or more employees and/or volunteers,no less than $1,000,000 per accident for all covered losses. 3.Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,non-owned and hired autos,or the exact equivalent.Limits shall beno less than$2,000,000 per accident,combined single limit.If Contractor owns no vehicles,this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.If Contractor or the Contractor's employees will use personal autos in any way on this project,Contractor shall obtain evidence of personal auto liability coverage for each such person. B.Certificate of Insurance: A Certificate of Insurance naming County as the Certificate Holder must be provided to County within five(5)days of Contract execution. C.Basic Stipulations: 1.Contractor agrees to endorse third party liability coverage required herein to include as additional insureds County,its officials,employees and agents,using ISO endorsement CG 20 10 with an edition date prior to 2004. Contractor also agrees to require all Contractors,subcontractors,and anyone else involved in this Contractor on behalf of the Contractor(hereinafter"indemnifying parties")to comply with these provisions. 2.Contractor agrees to waive rights of recovery against County regardless of the applicability of any insurance proceeds,and to require all indemnifying parties to do likewise. 3.All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Contract shall be endorsed to delete the subrogation condition as to County,or must specifically allow the named insured to waive subrogation prior to a loss. 4.All coverage types and limits required are subject to approval,modification and additional requirements by County.Contractor shall not make any reductions in scope or limits of coverage that may affect County's protection without County's prior written consent. 5.Contractor agrees to provide evidence of the insurance required herein,satisfactory to County,consisting of:a) certificate(s)of insurance evidencing all of the coverages required and,b)an additional insured endorsement to Contractor's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 21 1 f f i. 33 DATE;D�GEl�`Ek�X82 2�1G '� PROJECT.-MASON COUNTY PUBLIC WOR S SLUDGE HAULING RFP SUBJECT:ADDENDUM#1.TO P" THE x�P�.m�ODr>Fx>�p Ilv T$E FOLLOWINGWAYS: REVISION NO.I On the first page of the,RFR at the end of the paragraph in_the section titled "8ac}cgroiirid and Nee e IN followrnO soriterices are added:, "Tho truck flanks uredo Haul slueige Wlllbe:rinsed out promo taking any sludge from a Mason County facility. The tanks-shall:not have,any inorganlc noon-biodegradable items like paper,band aids clothing material, or•,plastics:.in them.prior baccopting..stud- from a.Mason County Facility." RI VI IQI�I.ILIO;2.- On:the first page of the RM�at°the end off. last paragraph in the: s'ectlQn titled "Requirements"the following'sontences are.,added: 'The cost per gallon-,Jill riot.iricltide the dUmp'rng #ee._ The Oou�nty-Will poi tlie.'Citji of fielfian:dtrectl for the cost #processing slo�ge frorai Cotanty facilities:: A-ny-costp to Iiia Veridorto rinse outVendorfruclspr�ortn-recording the:sludge w�I,:be included:in the r bid.price per gallon: "Chis contra t is subfectto state prevailing wage require.onts-and: Vendor must pay prevailing'wages for all:eMPloyees-.forking on this,job." The:RPP:dae dale of January 5; fl17 at4 Plvl.:has jot:ohs hged. Sanc�roly Bark SEelfr PE _ Masora.Cozjrity Deputy DirectorMIllities&Waste Management 23: r. } BIOSOLIDS HAULING CONTRACT AMENDMENT #1 WITH AAA SEPTIC TANK PUMPING AND PORTABLE RESTROOMS RENTALS LLC The CONTRACT between COUNTY and CONTRACTOR is amended as follows: 1. The contract expiration date is changed from February 7, 2019 to February 7, 2020. The original agreement allowed for three one-year extensions by mutual consent of both parties. Amendment #1 would be the first one-year extension. 2. All other language of the original contract not altered by this amendment remains in effect. Amendment dated this day of , 2018. AAA SEPTIC TANK PUMPING PUBLIC WORKS DEPARTMENT AND PORTABLE RESTROOMS MASON COUNTY, WASHINGTON RENTALS LLC Debra Lovely, Owner Bart Stepp, Deputy Director/ U&W Management APPROVED AS TO FORM: Tim Whitehead, Chief DPA r` MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jerry W. Hauth, PE, Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: October 15, 2018 PREVIOUS BRIEFING DATES: September 24, 2018 If this is a follow-up briefing, please provide only new information ITEM: Updating Public Works Organizational Chart EXECUTIVE SUMMARY: The current Public Works Department organization chart was approved back in 2007. Since then the department has restructured in a few areas, along with the U&W Management Department merge back in 2012. WAC 136-50-051 requires the county engineer to organize the road department in accordance with the policies of the county legislative authority which includes a chart that shows the chain of command within the department. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the updated Public Works organization chart to incorporate the changes within the department. Attachments: Current Org Chart Proposed Org Chart CA cnCD �, V � CD r SCD cD � CD n 0 CD Ln m o p CD CD (IQ rt II K O � CD CD i i CD (D cn C(D a- tro cD � �- cD ro � O 0 CD n O in End CD o o 0 C) 413 , Fi n 7y I-d0 Fl �'- G 2. �5 o v a4 R CSD n Cn ... h N o cn o on b o c `0 `C _^. n �• o M o O OQ .� 0 COD y �t � n h P. z 0 7J N � oa f va o c O O; o ,- a, 90 N R° j w c �' c Dof o mo Q ai � I I 3090 H <. w m iwwi w 3 s' ' m m l o '.. ms ' oo � U' � m 3 •T-i ,-'^., o� � iii � � � 0 C) ° m 0 ID a gym ; miaa ?. m Q m =N j N0 ; n C) m O N! O > W W H w �..-....,_.....ten C � ' N =. N m 2 I I N m i t � < I l I I r � 11 zm ;1 o p m j m O < d N n 9 o f =�! of < w ; N = co I 31 m ' . oct N = -tenv m oq p 6 O --I ! n.� � ,� � n m moi N r� °c " S m vo•i � o'; o I rTo m "" v V •� m e m 0 0 of i 3i 0 ; i !I ml v w NI� I w o m l I I � 00 m n �I I 0 I �• N frtD � N = Q I mw Rjd mi ; w o m D v , ro0- 2S. crOQa ° N n 0 < ,° M � i oi � � c m3 �: � o. N� 0 - - O 0 rTz O �..� m L4n x+ N { { = a N 3 V N Shorecrest Beach Club 40 E Evergreen Lane Shelton WA 98584 t` (360)426-5155 Office (360)426-9212 Fax www.shorecrestbeachclub.org RECEIVED shorecrestoffice@gmail.com SEP 2 7 2018 September 22, 2018 MAWN COUNTY PUSUC Mason County Public Works Mr.Jerry W. Hauth, PE Public Works Director 100 W Public Works Drive Shelton WA. 98584 SUBJECT: Crestview Drive-Speed Study August 9-16,2018 Jerry Hauth and staff, The Shorecrest Beach Club Board wants to send our sincere appreciation to you and your staff for ( responding to our request to evaluate the Crestview Drive roadway for traffic counts and vehicle speeds. Our community has voiced many times at our board meetings observations of extreme speeding on this arterial. The week of traffic data your office collected indeed underscores this alarming concern. As you know,this corridor is posted at 35 MPH and yet the data showed over 3000 vehicles exceeded this by 5 MPH or more, 10 exceeding 70 MPH and one was a crazy reckless 87.6 MPH! Additionally,our Board wants to thank you for immediately discussing these results with the Mason County Sheriff's office to increase enforcement. We have already observed this being done and thank you for your follow through. You should know too the Sherriff's office responded to the request to place a Speed Radar Trailer at the 2-mile marker on Crestview Drive. This trailer was on Crestview Drive from August 25th through Sept 41'showing each vehicle its speed. We feel this brought individual awareness to each driver as they observed their existing speed. Again,thank you for your efforts and help on this concerning problem. Best regards, Greg Clark, PE, Shorecrest Beach Club Board Vice President (253)820-8160 cell MASON COUNTY BRIEFING AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mason County Sheriff's Office Action Agenda Public Hearing Other DEPARTMENT: Patrol Division EXT: COMMISSION MEETING DATE: 10-15-18 Agenda Item # Commissioner staff to complete) BRIEFING DATE: Monday BRIEFING PRESENTED BY: Chief Spurling Previous briefing: 1St quarter brief was on April 9, 2018, 2nd quarter was on July 16, 2018. ITEM: Quarterly Briefing to BOCC on Traffic Diversion spending status for 2018 Background: MCSO and the Mason County Engineer meet again last week. MCSO briefed on the status of traffic policing and Road Department related law enforcement activities. A report showing actual expenditures to date utilizing the current BARS Account numbers as prescribed by SAO (currently BASUB and Element 521.70) We will continue to meet on a monthly basis to provide the County Engineer with sufficient detail on activities and expenditures to provide adequate information to allow him to meet the requirements of appropriate expenditures and reporting of County Road Funds under State Law and regulations. MCSO would like brief the BOCC to fulfill the intent of the C.R.A.B. model MOU between Boards of County Commissioners and Sheriff Offices. MCSO is briefing on our status of the Traffic program that includes eight (8) Traffic Deputies and the time and effort of all other deputies spent for road purposes as designated in RCW 36.79.140, and WAC 136-25-030 RECOMMENDED ACTION: None Attachment(s): Sheriff's Office document on 3rd quarter activities and spending for Traffic Policing. 10/10/2018 �comdeAm, (-Tetvka eaft IFP I To: Undersheriff T. Adams From: Chief Criminal Deputy R. Spurling Date: October 10, 2018 RE: 2018 third quarter report for traffic diversion funds In an effort to fulfill the intent of the County Roads Administration Board (CRAB) model policy and to provide adequate records of traffic law enforcement efforts and expenditures in such a format that is legal, visible, and detailed, this report is submitted. I have met multiple times with former Mason County Public Works Deputy Director / County Engineer John Huestis and with Director Jerry Hauth. We have partnered to ensure they have all that is needed from the Sheriff's Office to account for all traffic diversion funds. We will continue to meet to provide sufficient detail on activities and expenditures to provide adequate information to allow them to meet the requirements of appropriate expenditures and reporting of County Road Funds under State Law and regulations. Below, I have listed data that will be regularly provided to the County Engineer/ Director and on a quarterly basis to the BOCC. 1) 2018 third quarter total time and effort of the eight dedicated traffic deputies and the time and effort of other deputies spent for road purposes as designated in RCW 36.79.140 and WAC 136-25-030. (BARSUB and Element 521.70) =$1,537,825.23 or 71.2% of traffic diversion total of$2,160,000.00 (this does not include the purchase of two Traffic vehicles) a) During the third quarter, our eight traffic deputies recorded approximately 80% of their time as traffic. The remaining 27 patrol deputies recorded approximately 44% of their time as traffic. We found that our third quarter numbers were down due to two factors. First, an unusually high volume of calls for service and second, having six deputies off for injury or FMLA leave. We anticipate these numbers will be back to normal during the fourth quarter. XeadbV 8atvica and b) Our dedicated traffic deputies are; 1. Deputy Gaynor 2. Deputy Ellis 3. Deputy Dugan 4. Deputy Mondry 5. Deputy Dodge 6. Deputy Spera 7. Deputy Leitgeb/as of June Deputy Wood 8. Deputy Rowe We currently have the following data to quantify efforts in the areas WAC 136-25- 030 identifies as acceptable policing purposes: 1. Speed limit and other traffic law enforcement— a. 1St quarter = 343 b. 2nd quarter = 298 c. 3rd quarter = 369 d. Total = 1010 tickets e. 123 DWLS referrals to the prosecutor. 2. Collision investigations — a. 1 st quarter = 67 b. 2nd quarter =-79 c. 3rd quarter = 96 d. Total = 242 collisions investigated 3. Oversized vehicles — incidents referred to Washington State Patrol 4. SSDecial traffic emphasis — a. 1St quarter = 40 hours b. 2nd quarter = 0 hours c. 3rd quarter = 95 hours- mostly in school zones (158 stops) d. Total = 135 hours 5. Removal of abandoned vehicles — a. 1St quarter = 85- impounds / 52 = disabled veh. / 37= abandoned vehicles b. 2nd quarter = 93— impounds / 39 = disabled veh_. / 93— abandoned vehicles c. 3rd quarter = 90— impounds / 39 = disabled veh. 1101 - abandoned 6. Right of way obstructions/Road hazards — a. 1St quarter =159 calls f1R0eace, e� and[$ b. 2nd quarter =120 calls c. 3`d quarter = 102 calls d. Total = calls 381 7. Investigation of illegal littering- a. 3rd quarter = 19 calls for illegal dumping along County roads and 3 for littering 8. Sign damage —we do not have a mechanism to track this yet, except mileage driven. 9. Road conditions —we do not have a mechanism to track this yet, except mileage driven and communication between MACECOM and Public Works during inclement weather. We also will check on conditions for Al and his crew when requested. 10.Right of way encroachments —Worked multiple with Allen Eaton. We are currently working on enforcing and impounding vehicles legally parked that have expired tabs over two months. 11.Maintenance and construction zone traffic enforcement—Working with Al Eaton, Deputy D. Smith worked 100% of his time for 8 weeks (June 25- Aug 16) 12.Road Department vehicle investigation —Working with Al Eaton 13.Other—Working with County Engineer Again, our desire is to provide adequate records of annual traffic law enforcement expenditures in such format and detail to demonstrate that the funds were used only for the traffic law enforcement activities set out in WAC 136-25-030. Ryan Spurling Chief Criminal Deputy Mason County Sheriff's Office MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: DCD EXT: 286 BRIEFING DATE: October 16, 2018 ITEM: Public Benefit Rating System (PBRS). BACKGROUND: The Mason County Planning Advisory Commission voted (4-0) to recommend approval of the Public Benefit Rating System as drafted (with an exception to include indemnity language). BUDGET IMPACTS: The PBRS will change the way property tax reductions are applied under the current Open Space program. RECOMMENDED OR REQUESTED ACTION: Staff is seeking feedback from the BOCC on the recommended draft. ATTACHMENTS: Draft PBRS document BOCC Briefing PBRS 10-16-2018.docx DRAFT Chapter 17.18–Mason County Public Benefit Rating System Sections: 17.18.010—Purpose and intent. 17.18.020—Definitions. 17.18.030—Operation of the county public benefit rating system. 17.18.035—Eligibility of high,medium and low priority public benefit resources. 17.18.040—Ineligible lands. 17.18.050—Assessed valuation schedule—Public benefit rating system. 17.18.070—Basis of assessment. 17.18.080—Application to the county under the public benefit rating system. 17.18.090—Application fees. 17.18.100—Time to file. 17.18.110—Application review. 17.18.120—Board decision. 17.18.130—Unincorporated lands. 17.18.140—Incorporated lands. 17.18.150—Monitoring for compliance. 17.18.160—Removal of land classification by county assessor. 17.18.170—When removal of land is not subject to additional tax,interest,and penalties. 17.18.180—Transfer of lands between certain current use taxation classifications. 17.18.190—Owner may request withdrawal from classification. 17.18.200—Action on withdrawal from classification. 17.18.210—Owner to notify assessor of change in use in classification. 17.18.220—Sale of open space classified land. 17.18.230—Review of previously approved open space applications. 17.18.240—Duties of the Planning Commission. 17.18.250—Severability. 17.18.010-Purpose and intent. A. Purpose. It is in the best interest of the county to maintain,preserve,conserve,and otherwise continue in existence adequate open space lands for the production of food,fiber, and forest crops, and to assure the use and enjoyment of natural, historic and cultural resources and scenic beauty for the economic and social well-being of the county and its citizens. Additionally,it is in the county's interest to provide incentives that encourage the retention of open space in compliance with Growth Management Act principles. B. Intent. It is.the intent of this chapter to implement Revised Code of Washington (RCW), as amended, by establishing procedures, rules, and fees for the consideration of applications made by land owners for public benefit rating system assessed valuation on"open space land" as defined in RCW 84.34.020(1) and (8). The provisions of Chapter 84.34 RCW, and the regulations adopted thereunder shall govern the matters not expressly covered in this chapter. 17.18.020-Definitions. For the purposes of this chapter,unless otherwise required by the context,words and phrases shall have the following meaning: (1) "Assessor"means the Mason County assessor or his or her designated representative. (2) "Board"means the Board of County Commissioners of Mason County. 9-19-2018 Page 1 (3) "County"means Mason County,state of Washington. (4) "Open space land" means any land area so designated by the Mason County comprehensive land use plan adopted by the County and zoned accordingly,or any land area,the preservation of which in its present use would: (i)conserve and enhance natural or scenic resources,or (ii)protect streams or water supply,or (iii)promote conservation of soils,wetlands,beaches or tidal marshes,or (iv)enhance the value to the public of abutting or neighboring parks,forests,wildlife preserves, nature reservations or sanctuaries or other open space,or (v)enhance recreation opportunities,or (vi)preserve historic sites,or (vii)preserve visual quality along highway,road,and street corridors or scenic vistas,or (viii)retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification,or any land meeting the definition of farm and agricultural conservation land in RCW 8.34.020(8). (5) "Planning Commission"means the Mason County Planning Advisory Commission. (6) "Planning Department" means the Mason County Planning Department under the Community Services Division. (7) "Public Benefit"means any activity or activities that accomplish a public purpose and/or provide for a community's social,economic,and cultural well-being,public health,and safety. (8)"Rural Lands"means those areas outside of the designated Resource Lands and Urban Growth Areas. (9) "Urban Areas" are those designated in Urban Growth areas around the incorporated area of Shelton and the two unincorporated areas of Allyn and Belfair. 17.18.030-Operation of the county public benefit rating system. To be eligible for open space classification under the county's public benefit rating system,property must contain six(6)or more open space resource points listed below as defined in Mason County Code(MCC) Section 17.18.035 of this Chapter. These resources are defined in this chapter and ranked as high, medium or low priority open space resources. High priority open space resources receive ten(10)points each, medium priority open space resources receive six (6) points each, and low priority open space resources receive two(2)points each.Properties can receive a maximum of thirty(30)points.Portions of property may also qualify for open space designation. A. High priority open space resources.Ten(10)points each: 1. Public recreation area; 2. Trail linkages and recreational corridors; 3. Natural shoreline environments; 4. Aquifer protection areas; 5. Special plant or ecological sites, 6. Regulated wetlands; 7. Significant fish and wildlife habitat conservation areas; 9-19-2018 Page 2 8. Historic landmarks/archeological sites; 9. Private lands within designated federal lands(Olympic National Park or Olympic National Forest;and 10.Farm and agricultural conservation lands. B. Medium priority open space resources.Six(6)points each: 1. Conservancy shoreline environments; 2. Scenic natural resources,viewpoints,and view corridors; 3. Urban open space; 4. Rural open space. C. Low priority open space resources.Two(2)point each: 1. Restored lands; 2. Other shoreline environments. D. Properties with at least one(1)high priority open space resource,which allows(unlimited public access,or limited public access`Lf due to resource sensitivity,shall_be automa_tica_lly eligible for_:- Commented[KR1]:staff to add indemnity language after current use value at ten(10)percent of market value. consultation with County Attorney Per My comment. E. Special exceptions to this priority framework that do not violate state(RCW 84.34)law and that have the support of either the Washington State University Cooperative Extension Service,the Washington State Department of Natural Resources, the USDA, Natural Resource Conservation Service, Mason County Conservation District, or any other agency with knowledge or expertise regarding any open space reclassification or other current use application will be considered on a case by case basis. F. Completed restoration projects pursuant to provisions of the County's Shoreline Master Program which specifically address one of the priority actions in MCC 17.50.260 (A)(8)(a.-m.) shall be automatically eligible for current use value at ten(10)percent market value.Property is eligible during the monitoring phase. 17.18.035-Eligibility of high,medium and low priority public benefit resources. A. High priority resources. 1. Public recreation area means property which is currently devoted to providing active or passive non-motorized recreation use or which complements or substitutes for government facilities.The facility must be open to the public and,if charging a use fee,that fee shall be no higher than the fee charged by a like public facility. In addition, the facility must be managed using best management practices for environmental sustainability. An eligible site is then identified by the planning department or its designee as meeting the definition of an active or passive recreation area. 2.Trail linkages and recreational corridors means privately owned trails and corridors that are publicly accessible and used for hiking,biking,walking,horseback riding,and jogging.The trails may vary in scale and surfacing and may also be used as a means of non-motorized transportation connecting one (1) destination point to another. Streets, roads, and highways with widened shoulders or bike lanes are not included in this category. Eligible lands must be used as a public trail or corridor that remains in private ownership. Public access on the trail from a public road or public trail is required. 9-19-2018 Page 3 3.Natural shoreline environment means a marine,lake,or river shoreline and its"associated wetlands" designated as"natural" under the County's Shoreline Master Program. To qualify there must be no structures or buildings from the ordinary high water mark (OHWM) to the established common-line plus 50-feet. To be eligible, this area shall be covered with native vegetation. 4. Aquifer protection areas means those areas as regulated under MCC 8.52.120 (Critical Aquifer Recharge Areas), which are determined to have an important recharging effect on aquifers used as a source for potable water, recharging salmon streams and/or vulnerable to contamination from recharge.To be eligible,this area shall remain undeveloped,free from the storage of materials, including parking, etc. and must have a plant community in which native plants are dominant.At least one acre of open space shall be designated as a critical aquifer recharge area. 5. Special plant or ecological sites means sites with naturally occurring concentrations of those plants defined as being monitor species and meeting the criteria for native plant communities by the Washington State Department of Natural Resources; or an old growth forest stand at least five(5)acres in size.An eligible site must be listed in the Natural Heritage Data Base or be identified by an expert acceptable to the department confirming that qualified species are present on the property. 6.Regulated wetlands means wetlands as defined by MCC 8.52.110 and shall be delineated and categorized by a qualified wetland professional. To be eligible,wetland buffers, including buffer averaging,shall have at least 10 percent greater buffer than required by MCC 8.52.110. Buffers shall be covered with native vegetation. 7.Significant fish and wildlife habitat conservation areas means areas identified as being of critical importance to the maintenance of fish and wildlife species including areas with which endangered, threatened, and sensitive species have a primary association; habitats and species of local importance; and streams. To be eligible, this area shall be at least 10,000 square feet in size and protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. Buffers shall be covered with native vegetation. The Planning Department may require preparation and submittal of a biological site assessment or habitat management plan that shall provide a description of the fish and wildlife habitat conservation area, the location of the protected features, the location of buffers and a description of efforts to protect the fish and wildlife habitat conservation area,or a description of restoration efforts in those instances where the critical area has been damaged. 8. Historic landmarks/archaeological sites means lands which constitute or upon which is situated a formally designated historic landmark , including buildings, structures or sites of significance in the county's historic or prehistoric heritage, such as Native American sacred sites and settlements,trails, pioneer settlements,farmsteads,roads, industrial works, bridges, burial sites, prehistoric and historic archaeological sites and landscapes,or traditional cultural properties and landscapes. Eligible properties must be listed on the county, State or Federal register of historic places or landmarks for which there is regulatory protection. Eligible properties include contributing properties within designated historic districts. Improvements to the land are not eligible for other federal or state tax credits.Additionally, land that has been verified through an archaeological report prepared by a qualified archaeologist that contains archaeological resources may be eligible.The county will review and make determinations on eligibility. 9-19-2018 Page 4 9. Private lands within federal lands means officially designated areas under private ownership located within federal lands that remain undeveloped and are maintained to protect the landscape of the park or forest. Eligible lands are privately owned parcels dominated by native vegetation. 10. Farm and agricultural conservation lands means either: (a) Land that was previously classified under"farm and agricultural land" (84.34.020 (2) RCW) that no longer meets the criteria for that program and is reclassified as open space land under the criteria of the public benefit rating system;or(b)Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses,and that has a high potential for returning to commercial agriculture. B. Medium priority resources. 1. Conservancy shoreline environment means a marine, lake or river shoreline and associated wetlands designated as"conservancy environment" under the County's shoreline master program. To qualify there must be no structures or buildings from the ordinary high water mark(OHWM)to the established common-line plus 50-feet.To be eligible,this area shall be covered with native vegetation. 2. Scenic natural resources, viewpoints, and view corridors means areas of ten (10) or more acres of natural features which are visually significant to the aesthetic character of the county, contains features which otherwise qualifies as a historic landmark or archaeological site,or which includes significant wildlife gathering or nesting sites. No lands that have been subject to commercial logging or mineral extraction within twenty-five(25)years of the date of the open space classification application are eligible under the public benefit rating system. Eligible sites must be significant to the identity of the local area and be visible to a significant number of the public from public rights-of-way. Such lands must be of sufficient size to substantially preserve the scenic resource value and must be at least ten(10)acres in size. a.Viewpoint means property that provides a view of an area which is visually significant to the aesthetic character of the county and which provides unlimited public access identified by a permanent sign readily visible from a road or other public right-of-way Eligible sites must provide a view of a scenic natural resource in the county or other visually significant areas and must provide for unlimited public access. b.View corridor means an area of adjoining parcels which individually may be less than one (1) acre but which, when combined, total at least one (1) acre and create a view corridor critical to maintaining a view of a scenic resource area or other visually significant area. 3.Urban open space means land located within the boundaries of an urban growth area that has a plant community in which native plants are dominant and that under the applicable zoning is eligible for more intensive development or use. To be eligible as urban open space, the enrolling area must be at least one acre or be at least one-half acre if the area is protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. 4. Rural open space means an area of five (5) or more contiguous acres that has a plant community in which native plants are dominant and that is located outside of the urban growth area as identified in the Mason County Future Land Use Map,except that an eligible site may 9-19-2018 Page 5 include former open farmland, woodlots, scrublands or other lands that have been replanted with native vegetation. C. Low priority resources. 1. Restored lands means an area of at least one-half acre(21,780 square feet)of previously disturbed land that has been restored with native vegetation.To be eligible,restoration shall be determined as established and thriving native plant community. Disturbed lands include lands previously cleared and/or lands dominated by invasive plants and/or noxious weeds.Additional points can be given for every one-half acre restored up to a total of five(5)acres(10 points). 2. Other shoreline environments means a marine, lake or river shoreline and associated wetlands designated as "rural, residential or commercial environment" under the County's shoreline master program.To qualify there must be no structures or buildings from the ordinary high water mark(OHWM)to the established common-line or standard buffer plus 50-feet.To be eligible,this area shall be covered with native vegetation. 17.18.040-Ineligible lands. The following properties shall not be eligible for open space classification: A. Properties less than one(1) acre or eligible areas less than one-quarter acre(10,890 square feet)in size unless otherwise specified herein. B. Properties that do not contain an open space resource identified as either high, medium,or low priority or meet the criteria under 17.18.030 E. C. Open space areas or buffers required by zoning,subdivision conditions,mitigation or other land use regulations, unless the owner provides additional public benefit as described in section 17.18.035. D. Commercial nurseries, arboretums or other maintained garden sites with native or nonnative plantings. E. Properties with outstanding code violations as tracked and reported by the county as an open enforcement case. F. Properties or portions of property that have been disturbed by clearing, grading,filling,or any other non-natural event. 17.18.050-Assessed valuation schedule—Public benefit rating system. The public benefit rating system for open space land bases the level of assessed fair market value reduction on the total number of awarded points.The market value reduction establishes the current use value. This current use value will be expressed as a percentage of market value based on the public benefit rating of the property and the valuation schedule below: Public Benefit Rating Points Current Use Value (0–5 points) _—� 100%of assessed value (6–9 points) ( 60%of assessed value (10-19 points) ( 40%of assessed value (20–29 points) 30%of assessed value 30+points 20%of assessed value 9-19-2018 Page 6 Properties that allow public access shall receive an additional 10 percent reduction in assessed value. 17.18.070-Basis of assessment. In determining the market value reduction of a tax lot comprised of property qualifying for a current use assessment as an open space priority resource with non-open space land areas,the open space current use value is applicable to only that portion of the lot containing one(1)or more of the priority open space resources defined in this chapter,except in the case of public access and parcels with an approved rural stewardship plan. For each priority resource, the county will determine the appropriate land area that receives credit for a priority resource and accompanying tax reduction. 17.18.080-Application to the county under the public benefit rating system. An owner of open space land desiring assessed valuation under the public benefit rating system shall make application to the Planning Department by filing an application with the county's Permit Assistance Center. The application shall be upon forms supplied by the county and shall include such information deemed reasonably necessary to properly classify an area of land under Chapter 84.34 RCW. 17.18.090-Application fees. A. Each application for current use open space taxation as defined in RCW 84.34.020, must include an application fee as established in the most current Mason County Planning Permit Fee Schedule. Upon adoption,application fees shall be set at five hundred(500)dollars. B. If an application is filed to add farm and agricultural conservation land,forest stewardship land, resource restoration or rural stewardship land to a parcel that is already enrolled in the Public Benefit Rating System,no fee shall be charged for the application. C. In the case of all farm and agricultural land applications, whether the application is based on land within or outside of an incorporated area,the entire fee shall be collected and retained by the county. In the case of open space or timber land applications based on land in an incorporated area,where the city legislative authority has set no filing fee,the county fee shall govern, and the entire fee shall be collected and retained by the county. Where the city legislative authority has established a filing fee,the fee established consistent with Section A of this section shall be collected by the county from the applicant and the county shall pay the city one-half of the fee collected. 17.18.100-Time to file. Applications shall be made to Mason County by March 30 of the calendar year preceding the year in which such classification is to begin.Actual tax reduction will not be recognized until one(1)year after the classification of the property has been made. 17.18.110-Application review. A. Applications under the public benefit rating system shall be reviewed by the county and approved directly by the Board of Mason County Commissioners.By Chapter 84.34 RCW such applications are exempt from the comprehensive plan annual review amendment cycle and are SEPA exempt. B. In determining whether an application made for open space current use taxation status should be approved or disapproved, pursuant to RCW 84.34.020 and this chapter, the county shall consider whether preservation of the current use of the land, when balanced against the 9-19-2018 Page 7 resulting revenue loss or tax shift from granting the application under the provisions of this chapter will: 1. Conserve or enhance natural,cultural or scenic resources; 2. Protect streams,stream corridors,wetlands,natural shorelines,and aquifers; 3. Protect soil resources and unique or critical wildlife and native plant habitat; 4. Promote conservation principles by example or by offering educational opportunities; 5. Enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations,or sanctuaries or other open spaces; 6. Enhance recreation opportunities; 7. Preserve historic and archeological sites;or 8. Affect any other factors relevant in weighing benefits to the general welfare or preserving the current use of the property as delineated in this chapter. 17.18.120-Board decision. The Board of County Commissioners shall consider an application to the public benefit rating system as defined by RCW 84.34.037.They shall approve the application,with or without terms and/or conditions, and set the public benefit rating for assessment abatement, or deny the application. In so doing the following provisions will apply: A. They shall rate the land applying for classification according to the public benefit rating system; B. They may approve the application with respect to only part of the land that is the subject of the application; C. If any part of the application is denied or conditions attached the applicant may withdraw the entire application. 17.18.130-Unincorporated lands. In all unincorporated areas, the Board of County Commissioners shall act as the granting authority for applications for classification as open space land. 17.18.140-Incorporated lands. Applications for open space classification of land in an incorporated area shall be acted upon by a determining authority composed of the three (3) members of the Board of County Commissioners and three(3)members of the city legislative body in which the land is located (RCW 84.34.037).Where the county legislative body concurs with a recommendation of the city council to accept or reject an application for open space classification, such council's recommendation will be adopted as the decision of the determining authority. 17.18.150-Monitoring for compliance. A. Monitoring of lands for continuing eligibility for current use assessment as open space lands shall include an affidavit,to be submitted annually by the landowner, of continuing compliance with the terms and conditions under which open space classification was granted and the current uses of the property.The requisite form and contents of the affidavit required for monitoring shall be described more fully in the county guidelines implementing this chapter. The failure of the 9-19-2018 Page 8 owner to submit the affidavit of compliance shall be grounds for the county to remove and/or reevaluate the property under the PBRS. B. Where the Planning Department determines that the land is no longer being used for the purpose for which the classification was granted or there has been a change in use,it will report its findings within thirty(30)days to the county assessor. 17.18.160-Removal of land classification by county assessor. A. Classified land may be removed from the public benefit rating system classification if it is no longer used for the purpose for which classification was granted or for any other classified use within the current use program. The assessor may determine, after giving the owner written notice and an opportunity to respond, that the land classified as open space is no longer primarily devoted to and used for the purposes for which it was granted classification. B. When land is removed from classification an additional tax, applicable interest, and penalties are due unless the removal meets one(1) of the exceptions listed in this chapter.The owner may appeal the removal of classification to the Hearing Examiner consistent with MCC 15.11.020. 17.18.170-When removal of land is not subject to additional tax,interest,and penalties. Removal of land is not subject to additional tax,interest,and penalties in the following instances: A. Land is transferred to a government entity in exchange for other land located in the State of Washington; B. Land is taken by power of eminent domain or transferred in anticipation of the exercise of such power; C. Land is sold or transferred within two(2)years of the death of the owner of at least fifty-percent interest in the land; D. A natural disaster such as a flood,windstorm,earthquake,or other such calamity rather than by virtue of an act of the landowner which changes the use of such property; E. Official action by the state,county or city disallows the present use of such land; F. The land is transferred to a church or other non-profit organization, such that the land would qualify for a property tax exemption; G. Acquisition of property interests by agencies or organizations qualified under RCW 84.34.210 and 64.04.130 for protecting, preserving, maintaining, improving, restoring, limiting the future use of,or otherwise conserving,selected open space land as defined in Chapter 84.34 RCW for public use and enjoyment. 17.18.180-Transfer of lands between certain current use taxation classifications. Land reclassified between the following current use assessment resource categories pursuant to RCW 84.34.070 are not considered withdrawals and are not subject to the additional tax interest and penalties: A. Reclassification between farm and agricultural lands and timber lands; B. Reclassification of farm and agricultural lands or timber lands to open space lands; C. Reclassification of farm and agricultural lands or timber lands to forest land classified under Chapter 84.33 RCW;and 9-19-2018 Page 9 D. Reclassification from open space designated farm and agricultural conservation land under RCW 84.34.020(1)(c) to farm and agricultural land under RCW 84.34.020(2) if the land was previously classified as farm and agricultural land. An application fee must be paid at the time the application is submitted consistent with Section 17.18.090 of this chapter. If the type of transfer is not listed in this section, it is a new application for which the applicable fees will be applied. 17.18.190-Owner may request withdrawal from classification. A. After ten(10)years the landowner may request that all or part of his/her land be withdrawn from the classification. B. If a portion of a parcel is removed from classification the remaining portion must meet the same requirements, as did the entire parcel when the land was originally granted classification. Following withdrawal from classification,future valuation of such land as open space resource property under the public benefit rating system is contingent upon reapplication and approval under this chapter. 17.18.200-Action on withdrawal from classification. Upon receipt of a request for withdrawal,the assessor shall notify the legislative authority that originally approved the application, and after one(1) year from the date of the withdrawal request, the assessor shall withdraw the land from classification.The land which is removed shall be subject to a tax equal to the difference between the amount of tax paid under the open space classification and the tax at true and fair value for seven (7)years last past, plus the statutory interest rate charged on delinquent property taxes. 17.18.210-Owner to notify assessor of change in use in classification. If an owner changes the use of the classified land, the owner must notify the county assessor of the change within sixty(60)days. The assessor shall then impose an additional tax equal to the difference between the tax paid on current use value and the tax that would have been paid on that land had it not been so classified, payable for the seven (7) years last past, plus interest on this additional tax at the same rate as charged on delinquent property taxes, plus a penalty of twenty (20) percent of the total amount. 17.18.220-Sale of open space classified land. When classified open space land is sold,the seller or transferor becomes liable at the time of sale for the additional tax,interest,and penalty of all or a portion of classified lands, unless the new owner signs the notice of continuance which is attached to or shown on the excise tax affidavit. 17.18.230-Review of previously approved open space applications. A. Upon adoption of a public benefit rating system,the Planning Department shall review and re- rate the existing open space land current use assessment program parcels according to the public benefit rating system in determining whether to recommend that an application be approved or denied. 9-19-2018 Page 10 B. Owners of property classified under the existing open space land current use assessment program shall be notified of their new assessed value in the same manner as provided in RCW 84.40.045.These lands may be removed from classification under the existing open space land assessment program,without payment of penalties, back taxes, and interest, upon request of the owner,within thirty(30)days of notification of their newly determined value under the public benefit rating system. C. Property which does not qualify under the public benefit rating system and whose owner chooses not to remove the property from the open space land current use assessment program shall be rated according to the public benefit rating system(RCW 84.34.037[31). 17.18.240—Duties of the Planning Commission. The Planning Commission shall review participation in the public benefit rating system for open space classification under the county's current use assessment program after the first two(2)years of adoption and thereafter once every two(2)years.The planning commission shall make written recommendation to the Board of County Commissioners on the following matters: A. The fundamental elements of the public benefit rating system,including the assessed valuation schedule,open space resource definitions,and other procedures defined in this chapter,;and B. The overall administrative process, including issues such as staffing, outreach to prospective applicants,application forms, processing,monitoring,etc.;and C. The public benefit of the open space designated properties, the magnitude of the tax shift resulting from the designated properties and recommendations for expanding or restricting the program. 17.18.250-Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or its application to other persons or circumstances is not affected. 9-19-2018 Page 11