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2019/12/17 - Regular Packet
Dec. 17.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 December 17, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Staff Recognition for Kathy Cari 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes — December 9, 2019 Briefing Minutes; December 2, 2019 Special Meeting Minutes; December 3, and December 10, 2019 Regular Meeting Minutes. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of the 2020 contracts as follows: • $38,500 to Northwest #Event Organizers (NEO) for Concierge Handbook and Wild Side Guides Campaign • $87,000 to Shelton-Mason County Chamber of Commerce • $15,800 to the Mason County Historical Society Museum for Visitor Information Center services as recommended by the Lodging Tax Advisory Committee. 8.2 Approval of a resolution authorizing a sole source purchase of a three- dimensional scanner from FARO Technologies for the Sheriff's Office. 8.3 Approval to award the 2020 janitorial services contract to Coastal Custodial in an amount up to $134,000. This is an annual contract with an option to renew up to three additional years. 8.4 Approval of contract Amendment #1 with Kennedy/Jenks Consultants Inc., in the amount of $87,759 for updating, rather than amending the Belfair General Sewer Plan. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 12/16/19 1:34 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA December 17, 2019— PAGE 2 8.5 Approval to authorize the Public Works Director to sign the Public Works Board Direct Appropriation Grant Contract in the amount of $2,000,000 for the Belfair Sewer Extension project. 8.6 Approval of Supplemental Agreement #1 with IMS Infrastructure Management Services, LLC. To extend the completion date for the Safety Plan Data Collection Project to April 30, 2020. 8.7 Approval to set a hearing on Tuesday, January 7, 2020 at 9:15 a.m. to consider a code amendment to Mason County Code Chapter 6.72, Section .030 adding Section (I); Solid Waste Flow Control. 8.8 Approval of six-month extensions with Behavioral Health Resources, Consejo Counseling, Northwest Resources and Peninsula Community Health Services. 8.9 Approval to set a hearing on Tuesday, January 7, 2020 at 9:15 a.m. to consider the expansion of the Shelton Urban Growth Area (UGA) expansion and applied zoning. 8.10 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8068895-8069056 $ 392,929.73 Direct Deposit Fund Warrant #s 64181-64564 $ 762,594.05 Salary Clearing Fund Warrant #s 7004855-7004889 $ 1,003,142.46 8.11 Approval of the 2020 Court Commissioner Professional Services Agreement with Robert Sauerlender in the amount of$153,587.28. 8.12 Approval to set a hearing on Tuesday, January 7, 2020 at 9:15 a.m. to consider the rezone of several adjacent parcels from Village Commercial (VC) to Multifamily Medium Density Residential (R-2) within the Allyn Urban Growth Area. 8.13 Approval to authorize the Deputy Director/Utilities and Waste Management to execute a contract extension with Parametrix to collect the remaining required gas monitoring data with a scheduled completion sate of no later than June 30, 2020. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for collection in 2019. Continued from December 10, 2019 Staff: Jennifer Beierle 10.2 Public hearing to consider updating smoking policies found in Mason County Code Title 2, Chapters 2 and 9 to include vaping free areas. Continued from December 10, 2019. Staff: Dave Windom. 10.3 Public Hearing to consider amendments to Mason County Code Title 17- Zoning, section 17.23.020, Festival Retail District within the Belfair Urban Growth Area. Staff: Kell Rowen 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-12-17 REG.doc derK- MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: December 17, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Letter from Lisa Frazier Treasurer Re: Depositaries designated by treasurer. 4.1.2 Mason County Fire District 5 sent in an updated copy of their Levy. 4.1.3 Thomas A. Furniss sent in a letter Re: Land use effecting 21 Pine Tree Lane in Tahuya WA and neighbors. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask Clerk j%C�(�C ( ocv-S December 4,2019 Mason County Commissioners 411 N.51h St Shelton,WA 98584 Subj: Land Use Effecting 21 Pine Tree Ln.Tahuya,WA and Neighbors Ref:My letter,same subject,dated December 19,2018 Dear Sirs: In the subject letter, I mentioned a water hazard at the corner of Pine Tree and Collins Lake(my front yard)with water run off issues from the road that resulted in the flooding of my downhill neighbors on Collins lake Dr.Since I received no reply,I assumed the issue would be left to me to fix. I want to be a good neighbor and abide by all the rules and I am complimented on the home and the progress made by everyone who sees it. Of particular concern is the periodic flooding of my neighbors.So 1 spent nearly$400.00 on dirt put in place by hand on my property(which shared the same setback from the road as my neighbors)and fixed the water problem. I acted entirely in good faith and do not want any problems with the county. Today your Road Maintenance Department moved the dirt without my knowledge.Now it can flood again. Please be a good neighbor and put the dirt back ASAP. Silo?rely, Thomas A. Furniss 6•' 3i3O DEC 09 2019 Mason County Commissioners cc:CMMRS Neatherlin, Shutty&Trask ASSN tion Office of the cli reasurer Pio - °&y�° 411 N. 5th, Bldg. w P.O. Box 429 t` Shelton, Washington 98584-0429 asu (360) 427-9670, ext. 475 - Fax (360) 427-7267 Belfair (360) 275-4467 • Elma (360) 482-5269 Elisabeth (Lisa) Frazier, Treasurer Date: December 21,2019 To: Mason County Commissioner's Kevin Shutty,Chair Randy Neatherlin Sharon Trask From: Elisabeth(Lisa)Frazier,Mason County Treasurer Re: RCW#36.48.010,Depositaries designated by treasurer RCW 36.48.010 states in part: "Each county treasurer shall annually at the end of each fiscal year or at such other times as may be deemed necessary,designate one or more financial institutions in the state which are qualified public depositaries as set forth by the public deposit protection commission as depository or depositaries for all public funds held and required to be kept by the treasurer,and no county treasurer shall deposit any public money in financial institutions,except as herein provided. Public funds of the county or a special district for,which the county treasurer,acts as its treasurer may only be deposited in bank accounts authorized by the treasurer or authorized in statute." The following is a list of depositaries currently used by the Office of the Mason County Treasurer to hold public funds. Depositaries listed below are approved depositaries as published by the State of Washington Public Deposit Protection Commission. COLUMBIA BANK KEY BANK KITSAP BANK OLYMPIA FEDERAL FIRST FINANCIAL NW WELLS FARGO BANK FIRST SECURITY BANK OF WA Deposit of public funds into depositaries qualified by the State of Washington Public Deposit Protection Commission,must be approved in writing by the county treasurer prior to depositing. A full list of authorized public depositories can be found on the Washington State Treasurer's Office web site at hgps•//www tre wa gov/pdpc/Sdpc-info/qualified-public-depositaries/. cc:CMMRS Neatherlin, Shutty& Trask Clerk Department of Revenue Levy Certification l Washington State Submit this document to the county legislative authority on or before November 30 of the year preceding the year in which the levy amounts are to be collected and forward a copy to the assessor. In accordance with RCW 84.52.020,I, !VGt"fTICL OV-L)'-k , (Name) ,for i-NWr'N G:,-die 17%Stnc-+ 5 ,do hereby certify to (Title) (District Name) the jNlcksc n County legislative authority that the Or ayA LA 6,-k'U'Y%SS2 oW,t5 (Name of County) (Commissioners,Council,Board,etc.) of said district requests that the following levy amounts be collected in 20 1-O as provided in the district's (Year of Collection) budget,which was adopted following a public hearing held on \2- U q : (Date of Public Hearing) Regular Levy: , -3-1 G 2-5 .-12- (State the total dollar amount to be levied) £fteess Levy: 1; 119 , 2 2 . 45 (State the total dollar amount to be levied) ®® �� t A Refund Levy: &0 - EmS DEC 0 5 2019 (State the total dollar amount to be levied) Mason County Total Levy: y , 360, 849 .tG Commissioners (State the total dollar amount to be levied) Signature: Date: c� To ask about the availability of this publication in an alternate format for the visually impaired,please call(360)705-6715. Teletype(TTY)users,please call(360)705-6718. For tax assistance,call(360)534-1400. REV 64 0100e(w)(2/21/12) BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of December 9,2019 Monday, December 9,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • MOU between City of Shelton, Shelton School District and Mason County Parks& Trails regarding the skate park—Ross said the MOU doesn't end until February,but discussion is beginning due to some issues and damages that will need to be addressed. Currently,the County gives the city$5,000 per year and the MOU does not note the amount that should go towards repair and maintenance.It was suggested this be updated if another MOU is put forward. • Jennifer Beierle spoke about the Historic Preservation fund and the possibility of moving to Current Expense.The Board was in favor and suggested making it happen in 2020 with the first Budget Supplemental Transfer.This change will save the Historic Preservation Commission between$4,000-$5,000 per year. • Janitorial Services-Kelly Frazier said six proposals were received and three have been interviewed.He asked permission to award the contract to Costal Custodial in the amount of$133,924.Kelly noted that though an extra$34,000 is being requested,there will be an increase in services,and hiring internal custodians equals almost$80k per person.The Board approved the contract. 9:15 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Solid Waste Vouchers-Alex Paysse has been working with Waste management staff to implement a voucher program for solid waste disposal which could be given to citizens requesting assistance on site cleanup.Zach Foster said they are hoping to give away almost 1200 vouchers between this,and the United Way day.Cmmr. Shutty suggested also giving out a list of organizations to help haul the garbage,because some people may not have access to trucks. • Water Quality—Alex spoke about Clean Water Districts in comparable counties.He asked the Board how to move forward with this.The Board had a discussion about possible funding and areas as district would encompass. • Lydia Buchheit talked about the millage money that goes to Thurston County to be utilized by the Behavioral Health Organization. She said more information is still needed, so moving monies back to Mason County won't be done until 2021 earliest. • Kell Rowen asked to schedule a joint meeting between the Planning Advisory Commission and the BOCC.She suggested February 24,2020 to discuss the 2020Workplan.She also noted that it is time for a periodic review of the Shoreline Master Plan,so that will be coming forward. • Dave Windom said there are some questions on the quit claim deed for the roundabout in the North end.Dave said he would be discussing this with the Assessor's office. • Alderbrook Resort is asking to expand parking.He presented a map to show the Board where they are proposing the expansion.An amendment to the conservation easement will be needed,and they'll need a resource variance. 9:40 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Kennedy/Jenks contract amendment—Loretta said the Department of Ecology suggested an updated General Sewer Plan.Kennedy/Jenks will do the amendment,but the contract will add an amendment to give them a six-month extension,and will cost$75,000 to complete.The funds will be either from a commerce grant or the partnership with the City of Bremerton. Board of Mason County Commissioners'Briefing Meeting Minutes December 9,2019 • Public Works Board Grant-Loretta said Mason County will receive$2,000,000 for the Belfair sewer Extension Project.Half of the grant will be used to design the sewer extension. • Cmmr. Shutty asked for an update from Diane Sheesley next week on the sign installation in Hoodsport. 10:30 A.M. Interview for Planning Advisory Committee • Commissioners Neatherlin,Trask and Shutty interviewed Normajean Jacobs for a position on the Planning Advisory Commission. 10:40 A.M. Sheriffs Office—Sheryl Hilt Commissioners Shutty,Trask and Neatherlin were in attendance. • Sheryl requested approval for a sole source resolution for the purchase of investigation equipment and software from Faro Technologies. This will be placed on next week's agenda. • The Commissioners are good with moving forward the 2020 Court Commissioners professional services agreement without having a briefing. Diane will notify Superior Court. • The Commissioners discussed the PAC appointment. No decision will be made until the new year. Diane will notify Normajean. Closed Session 42.30.140(4)Labor Discussion Commissioners Shutty,Trask and Neatherlin met in Closed Session from 10:50 a.m.to 11:40 a.m.with Frank Pinter for a labor discussion. The meeting then adjourned. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5t' Street, Shelton, WA December 2, 2019-Special Meeting 1. Call to Order- Cmmr. Shutty called the meeting to order at 9:02 a.m. 2. Al Eaton led the Pledge of Allegiance 3. Roll Call: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. 2020 Budget Hearing — Presenter: Jennifer Beierle, Budget Manager Jennifer announced that the total amount being adopted is $119,896,959. Current Expense • Beginning Fund Balance: $11,636,958 • Total revenue: $37,944,271 • Salaries and Benefits: $26,626,358 • Operating Expenditures: $11,298,211 • Total ending fund balance: $11,656,660 Special Funds • Revenue: $70,315,730 • Salaries and benefits: $11,914,659 • Total operating: $58,401,071 Changes since the proposed budget was published: • Superior Court- a reduction in revenue of$15,011 to the BHO reimbursement line • Treasurers Office- a reduction of$44,877,000 due to new construction revenue • Child Support Enforcement- reduction of$1,366 in benefits • Therapeutic Courts- an addition of$3,785 to the Court Commissioner Salary due to a previous error • Non-Departmental- a total reduction of$62,307 to support services accrued pay leave, and Social Security/Medicare. No public comment received. Cmmr. Neatherlin moved to adopt the 2020 budget in the amount of$119,896,959; Current Expense in the amount of$49,581,229; and total other funds of$70,315,730. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.A—Res. 118-19) The Board thanked staff for their cooperation and work on this budget, noting that it went very smooth versus past years. Meeting adjourned at 9:11 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5"' Street, Shelton, WA December 3, 2019 1. Call to Order-The Chairperson called the regular meeting to order at 9:04 a.m. 2. Pledge of Allegiance-Alan Eaton led the flag salute. 3. Roll Call - Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2- Kevin Shutty; Commissioner District 3 - Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Mason County Fire Districts # 3, 5, 11, 13, 18, along with Mason County Cemetery District #1, Port of Dewatto, North Mason School District, North Mason Fire, Educational Services District 113, and Beards Cove sent in their 2020 Levies. 5. Open Forum for Citizen Input- None. 6. Adoption of Agenda - Cmmr.Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes- November 4, November 11, November 25, 2019 Briefing Minutes; November 12, November 19, 2019 Regular Meeting Minutes. Cmmr. Neatherlin/Trask moved and seconded to adopt the November 4, November 11, November 25, 2019 Briefing Minutes and the November 12, November 19, 2019 Regular Meeting Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to allow a transfer of$110,009 $150,000 from Sheriff's Office Wages and Benefits to operations in order to purchase a laser scanner for traffic accidents, radar trailers, computers, and peripherals as one-time purchases. 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant#s 8068413-8068518 $ 358,971.53 Direct Deposit Fund Warrant#s 63794-64180 $ 710,267.59 Salary Clearing Fund Warrant#s 7004827-7004854 $ 498,640.28 8.3 Approval to sign the letter of support for South Sound YMCA's 2020 supplemental capital budget request for Local & Community project funding in the amount of $750,000. Cmmr.Trask/Neatherlin moved and seconded to approve action items 8.1 through 8.3. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) 9.1 Sheriff Salisbury spoke about the ease of the budget process for 2020. He then spoke about accreditation standards recently passed by both the Mason County Sheriff's office and the City of Shelton police department. 10. 9:15 a.m. Public Hearings and Items set for a certain time- 10.1 Public Hearing to consider approval of a code amendment to Mason County Code Chapter 13.31, section .060, (A1.a), G and H regarding Capital Facilities Charge schedule and exceptions. Staff: Loretta Swanson Loretta noted this would be a reduction in the fee schedule for Belfair Sewer. She briefed the draft changes (add list of information found on resolution) BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS December 3, 2019 - PAGE 2 No public comment received. Cmmr. Neatherlin/Trask moved and seconded to approve the code amendments to Mason County Code Chapter 13.31, section .060, (A1.a), G and H regarding Capital Facilities Charge schedule and exceptions. Motion carried unanimously. N-aye; S- aye; T-aye. (Ex. A— Res. 119-19) 10.2 Public Hearing to consider a lease agreement with Verizon Wireless LLC to construct a new unstaffed wireless communication facility on a portion of Public Works Facility property, parcel 42002-21-90010 at 100 W. Public Works Drive, Shelton. Staff: Diane Sheesley Diane said Verizon Wireless is asking to lease approximately 1600 square feet. The agreement would be in effect for a five-year term with the option to extend the agreement for up to 25 years. No public comment received. Cmmr. Trask/Neatherlin moved and seconded to execute a lease agreement with Verizon Wireless to construct a new unstaffed wireless communication facility on a portion of Public Works facility property, parcel 42002-21-90010 at 100 W. Public Works Drive, Shelton, and approval of the Memorandum of Land Lease Agreement. Motion carried unanimously. Waye; S-aye; T-aye. 10.3 Public Hearing to consider the approval of franchise agreement applications between Mason County and the following: Belfair Water District #1 Lake Limerick Water System LLCC Trails End Water District #2 Cherokee Strip HOA &Water Collins Lake Community Club Kamilche Point Community Club Shorecrest Estates Water Company Star Lake Community Club Holiday Beach Home Tracts W/S Diane Sheesley spoke once again. She said that these franchise agreements do not have an automatic renewal at this time, but they are asking to renew the agreements and have added language to approve contract extensions in the future. No public comment received. Cmmr. Neatherlin/Trask moved and seconded to approve franchise agreements between Mason County and the following: Belfair Water District#1 Lake Limerick Water System LLCC Trails End Water District #2 Cherokee Strip HOA&Water Collins Lake Community Club Kamilche Point Community Club Shorecrest Estates Water Company Star Lake Community Club Holiday Beach Home Tracts W/S Motion carried unanimously. N-aye; S-aye; T-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS December 3, 2019 - PAGE 3 11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:33 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5th Street, Shelton, WA December 10, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:04 a.m. 2. Pledge of Allegiance— Dave Windom led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2 — Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Mason County Fire District # 4 sent in their 2020 Levy. 4.1.2 Seattle Shellfish sent in a letter to informing the Board of a stop work order issued by the U.S Army Corps. 4.1.3 State of Washington Department of Health sent in an Administrative order reclassifying a portion of the Hood Canal 6 commercial shellfish growing area near Big Bend Creek. 4.1.4 Bureau of Indian Affairs sent a letter stating that Squaxin Tribe has applied to put real property in to trust. 4.1.5 City of Shelton sent in their Levy for calendar year 2020. 4.2 News Release - Mason County Heritage Grant Cycle Staff: Michael MacSems 4.3 News Release - Free Christmas Tree Recycling Staff:Richard Dickinson 4.4 News Release - 2020 Solid Waste Rate Increases Staff: Richard Dickinson 4.5 News Release - 2020 Water and Sewer System Rate Increases for North Bay, Rustlewood and Beards Cove Staff: Richard Dickinson 4.6 News Release— 2020 United Way Day of Caring — Free Dump Day Staff: Richard Dickinson 4 -Crccn Star Presentation 5. Open Forum for Citizen Input— None. 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes- November 18 and December 2, 2019 Briefing Minutes. Cmmr. Neatherlin/trask moved and seconded to adopt the November 18 and December 2, 2019 Briefing minutes. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval of the Interlocal Agreement between Mason County and the Mason County Fire Chief Association for fire investigative services. 8.2 Approval to set a hearing on Tuesday, January 7, 2020 at 9:15 a.m. to consider approving the franchise agreement applications between Mason County and the following water systems: • • Emerald Lake Community Club, Inc. Clifton Beach Tracts Co-Op Water Association. • Lake Christine Community Club • Kamilche Shores Community Association • Lakeland Village Water Company • Paradise Service Assocation • PUD #1 • Tahuya River Valley Water District • Timberlakes Community Club 8.3 Approval of a resolution establishing load/lane limits for traffic control on the following six Mason County Bridges: (Ex.A—Res. 120-19) • Stretch Island Bridge • Hliboki Bridge • Gosnell Creek Bridge BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS December 10, 2019 - PAGE 2 • Eich Road (1) Bridge • Eich Bridge • Carlson Bridge 8.4 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant#s 8068519-8068894 $ 383,934.11 Direct Deposit Fund Warrant#s $ Salary Clearing Fund Warrant#s $ Treasurer Electronic Remittance for November 2019 $ 1,171,293.80 8.5 Approval to enter into a professional Services Lump Sum Consultant Agreement with Puget Environmental, PLLC. For the mitigation of the soil exposure for the selected properties using their cleanup proposal and cost estimate developed for the eight properties whose soil was affected by the Trails End Lake Chip Sealing incident. 8.6 Approval to have the Board authorize the payback of 2018 traffic diversion dollars in the amount of$102,425.21 to County Road from Non-Departmental for the buyout of two Chevy Tahoe's (K9 units) and 25% buy-down of two Ford Explorers. 8.7 Approval of the Resolution adopting the 2019-2020 Comprehensive Economic Development Strategy (CEDS) project list as recommended by the Mason County Economic Development Council. (Ex. B— Res. 121-19) 8.8 Approval to reappoint Andrew Kinney to the Mason County Parks & Recreation Board to represent District 3 for a three-year term ending December 31, 2022. 8.9 Approval to allow the Information Technology Manager to sign a 5-year Pole Attachment License Agreement with PUD #3. 8.10 Approval for the Mason County Board of Equalization to hear completed and timely filed appeals for the 2019 assessment year. 8.11 Approval of the following awards from the Rural County Sales & Use Tax fund (.09): $70,040 to the Mason County Economic Development Council in 2020 for business retention, expansion, recruitment projects and economic development planning as allowed in RCW 82.14.370 and enter into a contract; $450,000 for years 2020 &2021 for the Belfair Sewer. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.11. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None. 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for collection in 2019. Continued from November 26, 2019 Staff: Jennifer Beierle Jennifer said one junior district has not submitted their levy. She suggested tabling the hearing once again, until December 17tn Cmmr. Neatherlin/Trask moved and seconded to continue the hearing until Tuesday, December 17, 2019. Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to consider approval of the following budget supplemental appropriations and amendments to the 2019 budget: Budget Impacts: • $120,267 Decrease to Current Expense, Fund 001, Ending Fund Balance • $51,125 Decrease to Community Support Services, Fund 117, Ending Fund Balance • $250,000 Decrease to Mental Health Tax, Fund 164, Ending Fund Balance Total Budget Supplemental Appropriation Requests: • General Fund $206,483 BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS December 10, 2019 - PAGE 3 • Other Funds $789,700 Total Budget Amendment Requests: • General Fund $120,267 • Other Funds $301,125 Staff: Jennifer Beierle Jennifer first announced that budget resolution #111-19 is available on the website and can be requested to see a detailed list of requests. She then read the list aloud for those present. No public comment received. Cmmr. Neatherlin moved to approve the budget supplemental appropriation requests of$206,483 for the General Fund; $789,700 for Other Funds; and the budget amendment request of$120,267 to the General Fund and $301,125 to Other Funds. Motion carried unanimously. N-aye; S-aye; T-aye. 10.3 Public hearing to consider updating smoking policies found in Mason County Code Title 2, Chapters 2 and 9 to include vaping free areas. Staff: Dave Windom. Due to no ordinance being available when packets were created. Cmmr. Neatherlin said he would like to public to be informed of what is being adopted ahead of time. Cmmr. Neatherlin/Trask moved and seconded to table the hearing until December 17, 2019. Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:35 A.M. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutly, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: December 17, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 12/2/19 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the 2020 contracts as follows: $38,500 to Northwest Event Organizers (NEO) for Concierge Handbook & Wild Side Guides Campaign; $87,000 to Shelton Mason County Chamber of Commerce and $15,800 to the Mason County Historical Society Museum for Visitor Information Center (VIC) services as recommended by the Lodging Tax Advisory Committee. Background: Mason County receives funds from room taxes imposed on lodging facilities. These funds can be expended for activities established by and eligible under State law. Tourism promotion is defined under RCW 67.28.080 as"...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." The Lodging Tax Advisory Committee met on November 6th and recommended these awards. Budget Impacts: This is funded with lodging tax revenue. RECOMMENDED ACTION: Approval of the 2020 contracts as follows: $38,500 to Northwest Event Organizers (NEO) for Concierge Handbook &Wild Side Guides Campaign; $87,000 to Shelton Mason County Chamber of Commerce and $15,800 to the Mason County Historical Society Museum for Visitor Information Center (VIC) services as recommended by the Lodging Tax Advisory Committee. EXHIBIT A SCOPE OF SERVICES 2020 NORTHWEST EVENT ORGANIZERS, INC. MASON COUNTY CONCIERGE HANDBOOK&WILD SIDE GUIDES CAMPAIGN Northwest Event Organizers, Inc. called"CONTRACTOR"will be responsible for providing the Mason County Concierge Handbook &Wild Side Guides Campaign: 1) CONTRACTOR will create a Wild Side Guide Concierge Handbook to be used by representatives throughout Mason County in key tourism locations. Locations include hotel/motels, short term rentals (STR), highly visible service locations such as real estate offices and retail locations. The intent is to provide a minimum of 50 Handbooks. 2) This Handbook will contain current, accurate and cohesive tourism information including but not limited to parks, lodging, dining, retail and recreational establishments in Mason County. 3) CONTRACTOR will research, print, distribute and maintain a high-quality durable Handbook and will serve as a liaison between the various businesses and tourism in Mason County. 4) Handbook support will include website and social media enhancements; marketing materials that support Mason County's tourism brand including countertop maps, flag banners (as needed) and window clings identifying "Wild Side Guide"locations. The explorehoodcanal.com website will include a login area for Wild Side Guides where Handbook pages and updates will be available as well as other tourism information. If requested by users, the CONTRACTOR will provide printed updated information. 5) CONTRACTOR will launch the campaign with a familiarization event no later than May 1, 2020 as well as provide on-going training to the Wild Side Guides. 6) CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). Data to fulfill these reporting requirements will be submitted to Mason County no later than February 15 after contract year. 7) In the event this contract is awarded to a different contractor all costs incurred by NEO associated with the transition are included in this contract amount. 8) A detailed inventory of all assets purchased under this CONTRACT shall be maintained by the CONTRACTOR and reported annually to the COUNTY by December 31. CONTRACTOR shall take appropriate steps to ensure all assets are protected and secure. Invoices for the Wild Side Guide Concierge Handbook shall not exceed $38,500 unless additional awards are made. J:\LTAC\2020\Contracts\Tourism Handbook\Contract with NEO -Tourism Handbook.docx Page 11 of 15 EXHIBIT B COMPENSATION The following expenses, which are directly related to the Wild Side Guide Concierge Handbook activities, are allowed: Handbooks and printed materials Content research and creation Branding tangibles (countertop maps, flag banners, window clings, etc.) Social management and networking Promotional products that are not for resale Travel costs for implementation and support of contract services. Fees may not exceed allowed County's per diem costs Familiarization launch event costs Program management and support CONTRACTOR shall invoice the Wild Side Guide Concierge Handbook services and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for the Wild Side Guide Concierge Handbook shall not exceed $38,500 unless additional awards are made. J:\LTAC\2020\Contracts\Tourism Handbook\Contract with NEO -Tourism Handbook.docx Page 12 of 15 EXHIBIT A SCOPE OF SERVICES 2020 SHELTON-MASON COUNTY CHAMBER OF COMMERCE VISITOR INFORMATION CENTER SERVICES Shelton-Mason County Chamber of Commerce called "CONTRACTOR"will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following VISITOR INFORMATION CENTER services: 1. Maintain and operate three visitor information services at the following locations: a. Hoodsport Visitor Information Center, 150 N. Lake Cushman Rd., Hoodsport, WA. Space dedicated to Visitor Information: 1,200 sq. ft. Hours of operation are 35 hours per regular week, typically Monday through Friday, 10:00 AM — 4:00 PM; Saturday 9:00 AM — 4:00 PM; and Sunday 12:00 PM —4:00 PM. b. Caboose #700 Railway Car, 230 W. Railroad Ave., Shelton, WA. Space dedicated to Visitor Information: 300 sq. ft. Hours of Operation are 40-45 hours per regular week, typically Monday through Friday, 8:00 AM — 5:00 PM; and Saturday 10:00 AM — 3:00 PM. c. Shelton Visitor Information, 215 W. Railroad Ave., Shelton, WA. Space dedicated to Visitor Information: 250 sq. ft. Hours of operation: 45 hours per regular week, typically Monday through Friday, 8:00 AM — 5:00 PM 2. Provide information and direct assistance to visitors requesting information about area events, parks, lodging, dining, retail and recreational services and opportunities available in Mason County. Assistance and information shall be provided to walk-in visitors and via telephone, mail or email/website inquiries. 3. Disseminate visitor information or relocation information materials via U.S. Priority Mail upon request. 4. Provide for sale U.S. Forest Service and National Park Service area maps, Washington State Parks Department Discover Passes at the Hoodsport Visitor Information Center. 5. Provide regular volunteer and staff training to maintain knowledge of parks and attractions, lodging opportunities and locations, area restaurants, recreational activities, special events and festivals and accurate information about required permits and passes for accessing recreational opportunities. 6. Provide updated information about area events, lodging, dining and recreational experience opportunities to County Tourism Marketing Contractor. 7. Provide quarterly reports that shall include but not be limited to the following information: • Number of hours of operation for the quarter • Number of visitors served in person, by phone and through mail and email communication. • Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i) • Information provided in regards to Items 1-6, above. • CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). This information is due to the COUNTY no later than February 15 following the end of contract year. Page 9 of 12 EXHIBIT B COMPENSATION The following expenses, which are directly related to Visitor Information Center activities and reviewed by the Lodging Tax Advisory Committee, are allowed for Visitor Information Services: Advertising Supplies Telephone Postage Association Fees& Education Rent Events & Programs Utilities Computers &Technology Tourism Mileage Wage Expense Payroll Taxes Training & Seminars Contract Labor Travel Expense There shall be no payments made for repairs and maintenance, pursuant to RCW 67.28.1816. No work product will be produced with lodging tax funding. CONTRACTOR shall invoice the Visitor Information services in 12 monthly equal installments and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for Visitor Information Services shall not exceed $87,000 unless additional awards are made. Page 10 of 12 EXHIBIT A SCOPE OF SERVICES 2020 MASON COUNTY HISTORICAL SOCIETY MUSEUM Mason County Historical Society Museum called "CONTRACTOR"will be responsible for providing the following services as well as others as detailed throughout this CONTRACT. CONTRACTOR will provide the following Visitor Support Services: 1. Maintain and operate visitor information services at the Mason County Historical Society Museum, 427 West Railroad Ave, Shelton, WA. Minimum hours of operation are Tuesday— Friday 11:00 AM — 5:00 PM and Saturday 11:00 AM —4:00 PM 2. Provide information and direct assistance to visitors requesting information about area events, parks, lodging, dining, retail and recreational services and opportunities available in Mason County. Assistance and information shall be provided to walk-in visitors and via telephone, mail or email/website inquiries. 3. Improve and enhance museum exhibits and create a rotation of temporary exhibits built around a variety of themes relevant to local history. 4. Increase marketing of the museum to attract visitors from outside of Mason County. 5. Disseminate visitor information via U.S. Priority Mail upon request. 6. Provide regular volunteer and staff training to maintain knowledge of parks and attractions, lodging opportunities and locations, area restaurants, recreational activities, special events and festivals. 7. Provide updated information about area events, lodging, dining and recreational experience opportunities to the County Tourism Marketing Contractor for inclusion on www.exolorehoodcanal.com. 8. Provide quarterly reports that shall include but not be limited to the following information: • Number of hours of operation for the quarter • Number of visitors served in person, by phone and through mail and email communication. • Number of visitors served by location of origin, identified served per RCW 67.28.1816 2(c)(i) • Details of exhibits and the museum marketing plan. • CONTRACTOR will fulfill reporting requirements as defined in Revised Code of Washington RCW 67.28.1816 (2)(c)(i). This information is due to the COUNTY no later than February 15 following the end of contract year. J:\LTAC\2020\Contracts\VIC\MASON COUNTY HISTORICAL SOCIETY MUSEUM .docx Page 10 of 14 EXHIBIT B COMPENSATION The following costs, which are directly related to Visitor Support Serves activities, are allowed: Advertising Supplies Telephone Postage Association Fees& Education Rent Events & Programs Utilities Computers &Technology Tourism Mileage Wage Expense Payroll Taxes Training & Seminars Contract Labor Travel Expense There shall be no payments made for repairs and maintenance. CONTRACTOR shall invoice the Visitor Support Services and invoices shall include at a minimum the following information: Date, Service Billed, Cost. Invoices for Visitor Support Services shall not exceed $15,800 unless additional awards are made. J:\LTAC\2020\Contracts\VIC\MASON COUNTY HISTORICAL SOCIETY MUSEUM .docx Page 11 of 14 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Sheryl Hilt Action Agenda _X_ Public Hearing Other DEPARTMENT: Sheriff's Office EXT: 636 COMMISSION MEETING DATE: December 17, Agenda Item # 2019 (Commissioner staff to complete) BRIEFING DATE: December 9, 2019 BRIEFING PRESENTED BY: Sheryl Hilt [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Resolution to purchase FARO scanner as a sole source provider. BACKGROUND: The FARO scanner will be used to scan traffic accidents and possibly other investigation scenes and the information will, at times, be shared with other law enforcement agencies, therefore this information interface needs to be compatible with other agencies. FARO TECHNOLOGIES FOCUS Scanners are utilized by many law enforcement agencies including Los Angeles county. This is very useful when outlying agencies use the same technology and there are major crimes scenes that need multi-agency support. The data integration between other agencies that use the FARO FOCUS Scanners is seamless and needs no special integration tools or requirements. FARO TECHNOLOGIES Focus S series scanners all include digital hashing (encryption proof) of authenticity in the scanner. FARO is the only company currently doing this in compliance with Rule 702 FRE (Federal Rules of Evidence) that went into effect in Jan 2018. Other companies recommend using a third-parry software or their data is encrypted after removal of the data from the device. This opportunity for tampering will allow challenges under rule 702 as there is no way to prove other technologies data hasn't been tampered prior to being hashed/encrypted in a separate external step. RECOMMENDED ACTION: Approve and sign resolution authorizing sole source purchase of three-dimensional scanner from FARO Technologies. BUDGET IMPACTS: C:\Users\dlz.MASON\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XJ48NAGT\Com mission Agenda Item Faro Sole Source.docx This equipment will be purchased using Traffic Diversion funds. Approximate cost $72,000. ATTACHMENT(S): Resolution C:\Users\dlz.MASON\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XJ48NAGT\Com mission Agenda Item Faro Sole Source.docx MASON COUNTY COMMISSIONERS RESOLUTION NUMBER: RESOLUTION AUTHORIZING THE PURCHASE OF INVESTIGATION EQUIPMENT AND SOFTWARE FROM FARO TECHNOLOGIES WHEREAS, the Sheriff's Office is interested in replacing outdated investigation scanning hardware and software needed to efficiently and effectively carry out one of the Sheriff's Office core missions; and WHEREAS, RCW 39.04.280 provides exemptions to competitive bidding requirements for purchases that are clearly and legitimately a single source of supply: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners as follows: 1. FARO Technologies is the sole source provider of the hardware and software most used currently in law enforcement investigations. 2. The county is authorized to purchase the hardware and software to continue accident and other investigations without proceeding to secure competitive bids, estimated cost is $80,000 inclusive. ADOPTED this day of December 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY WASHINGTON Kevin Shutty, Chair ATTEST: Randy Neatherlin, Commissioner Melissa Drewry, Clerk of the Board Sharon Trask, Commissioner APPROVED AS TO FORM: Tim Whitehead, Ch, DPA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Frazier Action Agenda Public Hearing Other DEPARTMENT: Facilities EXT: 519 COMMISSION MEETING DATE: 12/17/2019 Agenda Item # R 3 Commissioner staff to complete) BRIEFING DATE: 12/9/2019 BRIEFING PRESENTED BY: Kelly Frazier [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval to award the 2020 janitorial services contract to Coastal Custodial in an amount up to $134,000. This is an annual contract with an option to renew up to three additional years. BACKGROUND: A request for proposals was issued for 2020 janitorial services and six proposals were received. After reviewing the proposals, three vendors were interviewed. The proposal from Coastal Custodial was selected as best meeting the county's needs for a professional level of janitorial services for county buildings. BUDGET IMPACTS: $100,000 is budgeted in 2020 and the request is to supplement the budget by $34,000. RECOMMENDED ACTION: Approval to award the 2020 janitorial services contract to Coastal Custodial in an amount up to $134,000. This is an annual contract with an option to renew up to three additional years. ATTACHMENT(S): Contract J:\DLZ\Agenda Items\2019\Janitorial Contract award.doc MASON COUNTY and COASTAL CUSTODIAL PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Coastal Custodial, referred to as"CONTRACTOR." RECITALS: WHEREAS, COUNTY issued a Request for Proposals (RFP) seeking the services of a well- qualified company to provide janitorial services for County facilities; and WHEREAS, CONTRACTOR submitted a proposal that was reviewed by a Review Team; 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: 1. Background Checks, Fingerprinting and CJIS Vendor Training: A. All employees and/or other company representatives must pass a Washington State Patrol background check prior to providing services. CONTRACTOR must provide copies of the reports as requested by COUNTY. B. All CONTRACTOR's employees or other representatives who will be working at COUNTY's facilities under this CONTRACT must submit to fingerprinting within 30 days of the start of this CONTRACT or, for new employees or representatives within 30 days of their start date with CONTRACTOR. C. All CONTRACTOR's employees or other representatives who will be working at COUNTY's facilities under this CONTRACT complete and pass Criminal Justice Information System (CJIS) Vendor Training within 30 days of the start of this CONTRACT or, for new employees or representatives within 30 days of their start date with CONTRACTOR. D. Fingerprinting and CJIS Vendor Training is to be coordinated with the Facilities, Parks and Trails Manager or his designee. 2. Uniforms and ID Badges: CONTRACTOR 's employees and other representatives must wear a readily identifiable company uniform and photo ID badge. CONTRACTOR may provide a company ID badge with photo or can request COUNTY to provide. Issuing of COUNTY provided ID badges are to be coordinated with Facilities, Parks and Trails Manager or his designee. 3. Employee List: CONTRACTOR must provide the Facilities Manager or his designee with a complete list of all individuals who will be providing janitorial services including employee, supervisors, owner(s) and other company representatives. CONTRACTOR must update the list prior to allowing anyone who is not on the list access to County facilities. Failure to comply with this requirement will be subject to a penalty up to $200 per occurrence and/or termination of the CONTRACT without notice. 1 4. Appearance and Demeanor: All employees and other company representatives of the CONTRACTOR must maintain a professional appearance and demeanor. 5. Communication: CONTRACTOR must ensure that employees are able to understand written and oral instructions as provided by COUNTY staff and represent 6. Facilities: Shelton- A. Building 1-411 North 5th Street- 16,400 sq.ft. B. Building 2-410 North 4th Street - 2,000 sq.ft. C. Building 3-426 West Cedar Street - 7,000 sq.ft. D. Building 4-303 North 4th Street - 2,500 sq.ft. E. Building 5-521 West Alder Street - 1,300 sq.ft. F. Building 6-414 North 5th Street - 2,100 sq.ft. G. Building 7-521 North 4th Street - 3,900 sq.ft. H. Building 8-615 West Alder Street- 10,700 sq.ft. I. Building 9-423 North 5th Street - 1,700 sq.ft. J. Sheriffs Office-322 North 3rd Street- 8,500 sq.ft. K. Courthouse-419 North 4th Street - 16,350 sq.ft. L. Public Works/Building 1 and 2-100 West Public Works Drive - 28,000 sq. ft. M. Memorial Hall-210 West Franklin Street - 4,000 sq.ft. Belfair- N. Sheriffs North Precinct- NE 23293 State Route 3, Belfair- 3,000 sq.ft. O. Public Works -600 Beck Road, Belfair, WA 98584 - 80 sq. ft 7. Services and Frequencies: CONTRACTOR will provide services as detailed in the Scope of Work Exhibit A. 8. Modifications, Additions and Reductions in Service Level and Frequency: A. COUNTY reserves the right to add, modify, reduce or delete work from any contracts executed with the CONTRACTOR. B. Upon mutual agreement the service and frequency level for the facilities can be adjusted as needed. C. Any associated cost adjustment will be determined by the Facilities Manager or designee. D. Adjustments in the value of $5,000 or less will be documented in written form and do not require a formal amendment to this CONTRACT. E. Adjustments and/or the additional work in excess of a $5,001 value must be executed as a formal Amendment to this CONTRACT. 9. Cost Increases: Except as detailed in 8. Modifications, Additions and Reductions in Service Level and Frequency, no cost increases will be allowed during the first term of the CONTRACT. Costs may be negotiated annually if the COUNTY elects to renew the CONTRACT. 10. Inspections: Facilities Manager or his designee will conduct inspections of the janitorial services provided on a monthly to quarterly basis as warranted by CONTRACTOR 's performance. Sub-standard work or skipped or missed tasks will be addressed with the CONTRACTOR. Failure to remedy 2 the issues in an expedient manner will have consequence including withheld payments and/or CONTRACT termination for cause. 11. Deficiencies in Quality or Quantity of Work: A. CONTRACTOR shall satisfactorily complete all services as set forth in the contract. If the Contractor fails to execute the work in accordance with the CONTRACT, and/or a dispute arises as to the quality and/or quantity of the work completed, the COUNTY reserves the right to withhold payment based on the task cost per occurrence. B. Any deficiencies in the work shall be brought to the attention of the CONTRACTOR or his/her employees by the Facilities Manager or designee or other authorized COUNTY representative. To the extent possible, the CONTRACTOR or his/her employees shall correct deficiencies on the same day or the following workday. When noted deficiencies have been corrected to the satisfaction of the Facilities Manager or designee the completed work shall be considered acceptable unless the same or similar deficiencies occur on a continuous basis. 12. Safety Precautions: CONTRACTOR and his/her employees and other company representatives shall exercise all necessary precautions to protect pedestrian traffic and all public and private property from injury or damage caused by the CONTRACTOR's operations. Signs, tape and/or barricades shall be used as necessary to mark wet/waxed areas, or to indicate restrooms or other facilities are temporarily closed for janitorial service. Any practice deemed hazardous shall be immediately halted upon verbal or written notification. 13. Material Safety Data Sheets (MSDS): CONTRACTOR must provide and have readily available MSDS for all products used in the performance of the work. CONTRACTOR must ensure that the MSDS sheets and other [nformation[Dzl][Dz2j required to do the job is provided for employees in a language they understand. 14. Industry Standards: It shall be the responsibility of CONTRACTOR to ensure that his/her employees complete the services in a manner consistent with the best management practices of the service industry, and that they are properly trained in the safe use and application of all materials and equipment used at County facilities. CONTRACTOR is employees may be required to have additional training for site specific operations, including construction, hazards, preservation, safety, and/or security, that will be agreed upon by the Facilities Manager or designee and the CONTRACTOR at the time of CONTRACT award. 15. Lost or Mis-used Keys and Alarm Codes: CONTRACTOR must provide strict key control for any and all COUNTY issued keys and alarm codes. A lost key may result in the need to re-key all locks, doors and gates which the CONTRACTOR will be responsible for reimbursing the COUNTY up to a maximum cost of $100,000. It is recommended that CONTRACTOR include Lost Key insurance coverage. CONTRACTOR is responsible for ensuring that employees or other company representatives do not mis-use keys or alarm codes such as providing access to unauthorized individuals or accessing areas where janitorial services are not required. 16. Security: The work involved will often be in facilities with secured access, or areas closed to the public except during normal business hours. CONTRACTOR 's employees shall maintain the security of these areas by locking them immediately upon entering the facility and again when leaving 3 the facility after completing the janitorial services. Prior to leaving the facility, CONTRACTOR 's employees will make a final check of all windows, exterior doors, gates or other access points to the building or site to ensure they have been locked and that all lights, except night lights, have been turned off. 17. Alarms and Security Systems: For those facilities equipped with burglar or other surveillance equipment, the CONTRACTOR 's employees shall be responsible for disarming the alarm immediately upon entering the facility and "setting" the alarm when leaving the facility. COUNTY reserves the right to deduct $100.00 from payments to the CONTRACTOR for each security failure that constitutes a potential hazard to a COUNTY facility, or where a false alarm is caused as a result of CONTRACTOR 's employee not properly operating the building's security system. 18. Entry Prohibited: CONTRACTOR will be responsible for ensuring that employees and other representatives of the Company do not enter areas where "Do Not Enter" signs have been posted particularly in the County's courthouses. 19. Removal of Property: CONTRACTOR and his/her employees shall not remove or consume any property belonging to the COUNTY, County employees or other contractors working for COUNTY. This includes any articles that may be deposited for disposal in recycling or trash containers. CONTRACTOR and his/her employees shall not use any County property, including computers, fitness equipment, telephones, FAX or copy machines, ladders, lifts, tools or other equipment, without the approval of the Facilities Manager or designee or other authorized COUNTY representative 20 Supplies, Equipment and Tools: A. CONTRACTOR will provide; all cleaning supplies, tools, equipment, cleaning rags and other items not specifically provided by County. B. COUNTY will provide; paper products including towels, toilet seat covers, toilet paper, hand soap and other consumable products. 21. COUNTY Provided Supplies and Equipment: CONTRACTOR and his/her employees shall not abuse the use of any COUNTY supplied material or equipment. Doing so may be grounds for immediate removal of the particular employee or, in more severe cases, termination of the CONTRACT. 22. Reporting Repairs, Damage and Hazards: CONTRACTOR and his/her employees and other company representatives shall immediately report any observed needs for repairs, damage or potential hazards to the Facilities Manager or designee or other authorized COUNTY representative. Damage and potential hazards include, but are not limited to, broken fixtures or pipes, building or system damage or needed repairs, HVAC issues, leaks, smells or smoke. 23. Drug-Free, Smoke-Free Campus: Mason County is a drug-free, smoke-free campus. Contractor will ensure that employees comply with these requirements. 24. Bonding Requirements: CONTRACTOR will provide COUNTY with a $10,000 Performance Bond or letter of credit from a bank or other approved financial institution. 4 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 initial performance period will be January 1, 2020 to December 31, 2020 with up to three (3) additional years based on the CONTRACTOR's performance. 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 Compensation: CONTRACT total amount is not to exceed $134,000 unless modified as allowed in Special Conditions #8. Modifications, Additions and Reductions in Service Level and Frequency: Independent Contractor: A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. C. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY 5 performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the 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. B. 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 6 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; the Davis-Bacon Act; 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 informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: A. COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. B. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 7 C. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. 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 request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. 8 Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way 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. B. 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. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. D. 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. 9 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 COUNTY's Facilities Manager and his or her designee, 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. The Administrative Officer for purposes of this CONTRACT is: Kelly Frazier Mason County Facilities Manager 411 North 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 519 E-mail: KellyF@co.mason.wa.us CONTRACTOR's Primary Contact Information: Chris Cherrett, President CEO Coastal Custodial 8343 Hogum Bay Lane NE Suite C Lacey, WA 98516 360-943-6040 ext. 6 E-mail: ccherrett(abcoastalbsg.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in 10 completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. B. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available services funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that 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. B. 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. C. 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: A. Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, 11 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. B. 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. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions 12 E. General Conditions F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. COASTAL CUSTODIAL BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Chris Cherret, President CEO Kevin Shutty, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 13 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will schedule a facility orientation meeting with the Facilities Manager or designee on or before December 30, 2019. 2. CONTRACTOR will provide services as noted on the attached "Building Cleaning Frequency" detail. Closets, storage rooms, mechanical rooms, IT rooms and electrical rooms are not included in the services and will not be cleaned. 3. CONTRACTOR will collect and remove trash from each centralized receptacle from each building or floor for multi-storied buildings Monday-Friday with the exception of the following facilities: Public Works/Shelton, Sheriff's North Precinct and Public Works/Belfair. 4. Tasks associated with cleaning "Entire Building" include: A. Empty marked "recycle" boxes/cans in offices or centralized receptacle (where it applies) and deliver to recycle area. B. Vacuum floors. C. Vacuum carpets and mats. D. Wipe down light switches, outlets, soap dispensers, paper towel dispensers etc. E. Sweep and mop hard surfaced floors following manufacture's guidelines. F. Clean and sanitize inside and outside of all toilet bowls and urinals. G. Clean and sanitize restroom stall doors. H. Clean and sanitize kitchen and vanity countertops, conference tables, etc. Note- COUNTY is responsible for removing items from tops for cleaning. I. Re-fill paper products in all dispensers such as toilet paper, paper towels, seat covers, soaps, etc. with supplies furnished by COUNTY. J. Clean conference tables, window ledges and, handrails and vacuum out all window tracks. Note-individual work desks will not be cleaned or dusted. K. Clean door glass on interior and exterior of all entry doors. L. Clean visible cobwebs on ceiling or walls. M. Clean and sweep all the entry porches and entries. N. Clean and polish water faucets and fountains. O. Damp-wipe exterior of refrigerator, cabinets, tables and other furnishings in kitchens/break rooms and straighten chairs in conference, meeting and break rooms. P. Vacuum and/or sweep all exterior entry ways; hand handrails, baseboards and elevator control panels. Q. In addition to the tasks detailed above, the following tasks will be completed on a monthly basis: remove all cobwebs from ceilings, light fixtures, walls etc; wipe down all baseboards throughout each building; and spot clean walls and doors. 5. Tasks associated with cleaning "Bathroom Only" include: A. Empty all garbage cans/receptacles including sanitary napkin disposal receptacles. B. Re-fill all paper products in all dispensers. C. Wipe down all mirrors, art or pictures on walls, light switches, doors, door knobs, door frames, soap dispensers, paper towel dispensers, counter tops, sinks etc. D. Polish all chrome and stainless steel areas such as door kick plates, faucets, etc. E. Clean the inside of all toilets and urinals using a toilet brush and Lysol or similar product. F. Clean and sanitize all restrooms stall doors. G. Clean and disinfecting toilets, including both sides of seats and urinals. H. Clean and disinfecting flushometers, piping and base I. Ensure seat covers, toilet paper and paper towels are adequately stocked. J. Vacuum and/or sweep bathroom floors. K. Mop bathroom floors. 6. Cleaning frequency and or services may be adjusted as mutually agreed upon by CONTRACTOR and COUNTY. EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated for the services as detailed in Exhibit A Scope of Services for an annual total not-to-exceed $134,000. B. Requests for Payment: 1. CONTRACTOR can submit invoices for payment on a monthly or quarterly basis. 2. At a minimum the invoice is to include. performance period; date of submission; CONTRACTOR's name, remittance address and phone number; cleaning service charges for the performance period; invoice total; and any additional applicable information. 3. Submit via e-mail or hard copy as preferred to: Kelly Frazier Mason County Facilities Manager 411 North 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 519 E-mail: kellyfna.co.mason.wa.us 4. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 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 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 $1,000,000 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. 4. Employee Dishonesty coverage endorsed for third party fidelity coverage for COUNTY or endorsed to cover County Property with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT start date. 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) 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 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 it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 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. D. Bonding Requirements: CONTRACTOR will provide COUNTY with a $10,000 Performance Bond or letter of credit from a bank or other approved financial institution. Said bond or letter of credit will be provided to COUNTY prior to CONTRACT start date. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: December 17, 2019 Agenda Item # BRIEFING DATE: December 9, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Richard Dickinson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: CONTRACT AMENDMENT 1 — KENNEDY-JENKS BACKGROUND: Commissioners approved a contract with Kennedy-Jenks on April 23, 2019 to complete two projects for extending sewer service to the Puget Sound Industrial Center (PSIC): Project 1 - Sewer system pre-design report and General Sewer Plan Amendment Project 2 - Sewer system design Staff and Department of Ecology recommend preparing an updated General Sewer Plan, rather than amending. Kennedy-Jenks prepared a revised scope, schedule and budget for staff review. The proposed change results in a compensation increase of $87,759 for Project 1 and adds 6 months to the schedule. BUDGET IMPACTS: There are adequate funds in the existing Commerce grant and partnership with City of Bremerton to pay for the additional work. Existing Contract Amendment 1 Amended Total Project 1 $ 439,816.00 $ 87,759.00 $ 527,575.00 Project 2 $ 1,060,184.00 $ (87,759.00) $ 972,425.00 1&2 Total $ 1,500,000.00 $ - $ 1,500,000.00 RECOMMENDED ACTION: Recommend the Board approve Contract Amendment 1 with Kennedy/Jenks Consultants, Inc. in the amount of$87,759 for updating, rather than amending the Belfair General Sewer Plan. ATTACHMENTS: 1. Contract Amendment 1 Mason Count and Kennedy/Jenks Consultants, Inc. Contract Amendment 1 MC Contract No. 19-034 KJ Project No. 1997006"00 AMENDMENT NO. 1 TO AGREEMENT FOR CONSULTING SERVICES BETWEEN KENNEDY/JENKS CONSULTANTS, INC. AND MASON COUNTY FOR PLANNING/DESIGN FOR THE BELFAIR SEWER EXTENSION TO PSIC THIS AMENDMENT NO. 1 is made and entered into on this_day of , 2019 to the Agreement for Consulting Services dated May 7, 2019, hereinafter referred to as "AGREEMENT', between Kennedy/Jenks Consultants, Inc., a California corporation, hereinafter referred to as "CONTRACTOR", and Mason County, hereinafter referred to as"COUNTY", for the Planning/Design for the Belfair Sewer Extension to PSIC, hereinafter referred to as"PROJECT'. RECITALS: WHEREAS, CLIENT is authorizing CONSULTANT to perform additional or amended services as set forth herein; and WHEREAS, CLIENT and CONSULTANT agree to revise the PROJECT as follows: The original project was to install a new sewer extension from the Water Reclamation Facility within the Right of Way of the proposed WSDOT SR 3 Freight Corridor highway up to the Puget Sound Industrial Center(PSIC). The proposed change in scope includes preliminary design for a new sewer extension that runs sewer from the northern limits of the existing collection system along SR 3 up through the Urban Growth Area between the existing SR 3 and the new Freight Corridor highway to the Puget Sound Industrial Center. NOW, THEREFORE, CLIENT and CONSULTANT agree to amend the AGREEMENT as follows: Scope of Services: The Scope of Services in the AGREEMENT is amended as follows: Delete Exhibits A and B in the original contract and replace them with Exhibits A and B in this Amendment 1. Schedule: CONSULTANT is authorized to proceed with the modified Scope of Services effective on the date of this Amendment. The modified Scope of Services shall be completed as indicted in Exhibit A. Compensation: Compensation for the services provided under this Amendment shall be calculated on the same basis as in the AGREEMENT unless explicitly modified by this or previous amendment(s). Compensation for the services performed under this Amendment is$87,759 which increases the total compensation under the AGREEMENT to $527,576. All other terms and conditions of the AGREEMENT and any amendments thereto remain unchanged. ©Kennedy/Jenks Consultants,Inc.,May 2015 Pagel of 2 \\kjc\kjc-root\kj-projects\federalway\2019\1997006.00 mason cry-belfair wrf sewer extension\OI contracts\amendment 1\mason county belfair sewer ext amend Ol_cover page.docx Mason County and Kennedy/Jenks Consultants, Inc. Contract Amendment 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written. KENNEDY/JENKS CONSULTANTS, INC. MASON COUNTY Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Approve as to Form Tim Whitehead, Chief DPA ®Kennedy/Jenks Consultants,Inc.,May 2015 Page 2 of 2 \\kjc\kjc-root\kj-projects\federalway\2019\1997006.00 mason cty-belfair wrf sewer extension\01 contracts\amendment 1\mason county belfa r sewer ext amend 01—cover page.docx AMENDMENT 1 EXHIBIT A — SCOPE OF SERVICES Project Title:Planning(Design for the Belfair Sewer Extension to PSIC Introduction Kennedy Jenks(Contractor)is providing consultant services to Mason County for the Belfair WRF Sewer Extension.The scope of consultant services(previously submitted Exhibit A) included the following planning tasks: • Preparation of a General Sewer Plan(GSP)Amendment for the Belfair sewer system. • Provide flow projections,collection system analysis,and preparation of a Pre-Design Report of recommended sewer system extension infrastructure that might be integrated within the Freight Corridor(SR-3 bypass)route being planned by WSDOT. The project scope has significantly changed and assumed that the sewer extension would be bid and constructed as a part of the WSDOT design package.The project was executed through the Alternatives Selection Workshop task of the scope as described herein.After the Alternatives Selection workshop,the preferred alternative was Alternative 4,which installed sewer outside of the WSDOT Right of Way and no longer will be bid and constructed as part of the WDOT project.This amendment describes new scope of work for the project. Background Washington Station Department of Transportation(WSDOT)is planning to construct a new freight corridor to route regional,through traffic around the town of Belfair.The proposed SR-3 Freight Corridor(Freight Corridor)will run east of the existing SR-3 highway adjacent to the Belfair Water Reclamation Facility(WRF)and rejoin SR-3 at Lake Flora Road. Mason County (County)in partnership with the City of Bremerton(City)wishes to extend sewer within the area of the Belfair UGA adjacent to the proposed Freight Corridor alignment.Extending sewer service from the existing collection system to the terminus of the Freight Corridor will enable the County to expand sewer service to potential development area east along the existing SR-3 to the Puget Sound Industrial Center(PSIC).The final design is intended to be bid separately from any WSDOT construction contract,and the County wishes to build the improvements in advance of the Freight Corridor project. Mason County selected Kennedy Jenks(Contractor)to amend the latest General Sewer Plan (GSP)to include the proposed service areas and prepare bid documents for sewer extension project between the WRF and the terminus of the Freight Corridor,which is anticipated to include two sewer lift stations(one included in this contract and provisions for a future lift station within the PSIC)and associated gravity and pressure main.Figure 1,below,illustrates the proposed alignment and project phasing. • Project 1 -SR-3 Freight Corridor Sewer System Pre-Design and GSP • Project 2-SR-3 Freight Corridor Sewer System Design Project 2 scope,schedule and fee will be developed based on the findings and recommendations of Project 1 and approved by written amendment. a o 0 ' U U U y W z�_ Y UGA Lift Station 6 ` 4 Phase 1 - _ Phase 2 Project Area Project Area k k, iz t m 9r1 O t Freight Corridor Lift Station �y rgan Y + _ Phase 3 ProjectArea SR3 Bypass Alignment A Belfair WRF es as Notes• 1.All locations are approximate. 2.Elevation Contour Interval=20 feet �Legend Kennedy Jenks Consultants - Existing Sever Force Main Ebstng Pump Station PSIC Border M ason County - Ezsting Gravity Sewer UGABorder B elf air Sewer Extension -- Ebsting Pressure Sever Proposed Pump Station N SR36ypassAlignment Water Reclamantion Facility i Proposed Sewer Force M ain A Ikem dative 4A •� Proposed Gravity Sever Project Area County Line Phase 1 1997006"00 Elevation Contours Phase 2 0 05 November 2019 Phase 3 M iles Project 1-SR-3 Freight Corridor Sewer System Pre-Design and GSP Contractor will develop a preliminary design for the Freight Corridor Sewer System and prepare a consolidated GSP for submission to the Washington State Department of Ecology (Ecology). Task 1-Kick-off Meeting Contractor Services: 1. Kickoff Meeting a. Prepare for,attend,and facilitate the kick-off meeting with the County and design team members.The meeting is anticipated to have a 4-hour duration and will be attended by up to 5 design team staff. b. Client stakeholders,planned roles and responsibilities,project scope,schedule, budget,project controls processes,deliverables,workshops,key deliverable dates and milestones,and key technical issues shall be discussed.Contractor shall prepare and submit a meeting agenda and meeting notes. Deliverables: • Kick-Off Meeting Agenda(Electronic,Adobe Acrobat format). • Kick-Off Meeting Notes(Electronic,Adobe Acrobat format). Task 2-Review Existing Background Data Contractor Services: 1. Submit information request to County regarding supplemental information needed to perform work in this scope. 2. Review preliminary work completed by County. 3. Review existing draft General Sewer Plan(Belfair/Lower Hood Canal Water Reclamation Facilities Plan Supplemental Information) 4. Review the PSIC Sub-Area Plan Completed by the City of Bremerton 5. Review the latest Freight Corridor highway design from WSDOT's consultant. 6. Participate in a Stakeholder Objectives Workshop with key project stakeholders to discuss project goals and objectives. County Responsibilities: • Provide information requested by Contractor to extent possible • Provide list of agencies that should be included in Stakeholder Objectives Workshop • Provide key staff to participate in Stakeholder Objectives Workshop • Provide timely review and comments to meeting notes from each workshop. Assumptions: • Workshop will be held at County or City facilities • Workshop will include key stakeholder representatives who have the authority to weigh-in on important decisions or experience to provide technical guidance matter. Deliverables: • Comprehensive information request for supplemental background data to review. • Stakeholder Objectives Workshop meeting agenda and meeting notes Task 3-Prepare Pre-Design Report with Cost Estimates Contractor Services: 1. WSDOT Utility Permitting and Approvals a. Coordinate with project team and WSDOT to identify WSDOT utility permit approvals required for the project improvements located within the existing SR 3 and future Freight Corridor WSDOT Limited Access and right of way(ROW). The exact nature of utility permit requirements with WSDOT is not known at current time but will be determined as part of Task 3 work. For the purposes of this scope of work,the Contractor is the lead for defining the details and need of the following permits for each crossing planned across WSDOT facilities: ■ Application for Utility Permit or Franchise(DOT Form 224-696) ■ Utility Facility Matrix(DOT Form 224-6%) ■ Utility Facility Exhibit-Exhibit to identify utilities crossing limited access/WSDOT ROW by station/offset,milepost,utility description,and method of construction ■ Limited Access Break/Encroachment Request/Checklist 2. WSDOT Coordination Meeting a. Contractor will prepare for and attend coordination meetings with the project team and WSDOT during the development of the utility permits. Up to six (6)meetings are assumed for this effort. 3. Existing SR 3 ROW Determination a. Coordinate with project team and WSDOT to obtain SR 3 ROW and limited access boundaries necessary to support of the efforts defined in Task 3(1)(a). ROW will be determined from records obtained from WSDOT,supplied by the project team,and digitized in CAD(if necessary). 4. Preliminary Geotechnical Evaluation a. Review readily available geologic/geotechnical information for the vicinity of the project corridor. b. Conduct a brief site reconnaissance of the project corridor.The purpose of the reconnaissance will be to collect information on the general nature and physical features of the project area. c. Prepare a technical memorandum to document preliminary conclusions and recommendations along with supporting information. 5. Wetland/Waterway Reconnaissance a. Conduct a wetland/ waterway reconnaissance using guidance provided in the 1987 US Army Corps of Engineers(USACE)Wetlands Delineation Manual(USACE 1987),the 2010 USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual(USACE 2010),and Ecology's Determining the Ordinary High Water Mark for Shoreline Management Act Compliance in Washington State(Anderson et al.2016). b. Review environmental information from readily available public domain resources to gain a general understanding of potential wetland and waterway issues at the site.Public domain resources consist of: i. WSDOT SR3 Freight Corridor documentation ii. Natural Resources Conservation Service Soil Survey data iii. National Wetlands Inventory mapping iv. Local Critical Areas mapping v. US Geological Survey topographic mapping vi. Recent aerial photography c. The field investigation will include an examination of vegetation,soils,and hydrology within the study area of the proposed project.Informal sampling points will be recorded to document wetland presence or absence.If present, wetland and surface water boundaries will be estimated on project mapping. Any wetland habitat within and beyond the study area,and within 300 feet will be estimated both visually and using public domain resources to assess their extent. d. Prepare a wetland reconnaissance technical memorandum: i. A summary of the methodology used ii. The size and rating of each wetland;including a characterization of wetland vegetation,soils,and hydrology;and the location and stream type of waterways iii. A scaled site map showing the approximate locations of wetlands/waterways and buffers iv. Supporting photographs. 6. Environmental Permitting and Approval Plan a. Develop an Environmental Project Permitting and Approvals Plan(the Plan), which will address all environmental permits and approvals needed for the project.The Plan will include a detailed schedule for obtaining each permit and/or approval. b. The schedule will identify each permit/approval and show discrete activities for draft application development,review of each application by agency, incorporation of agency comments and revising the applications(if necessary),submittal of application to the approving entity,preparing responses to approving entity comments,agency review of responses, resubmittal to the approving entity,and anticipated duration for obtaining final approval. 7. Cultural Resources a. Identify and evaluate possible impacts to archaeological and historical cultural resources within the scope of the sewer pipeline and pump station portion of the overall project through research of existing archival documentation and data.Archival research consists of: L Check of the Washington state site inventory and records(WISAARD) at the Department of Archaeology ii. Historic Preservation(DAHP)will be conducted prior to any field activity in order to determine the locations and character of sites already recorded in the project area and its vicinity.Previously recorded locations of archaeological sites may be identified and noted. b. Perform field pedestrian assessment after completion of the background research to verify field conditions,to identify and record historic properties and archaeological sites,and to update existing site inventory forms with the DAHP.Pedestrian survey will include hand excavation of shovel test probes (STPs),where appropriate. c. Present the results of these investigations in an electronic technical CRS report to present the results of archival and field investigations,and provide recommendations for eligibility and treatment of documented sites and for any additional discovery measures needed including the potential for construction monitoring in potentially sensitive locations. 8. Concept Development Workshop a. Participate in a Concept Development Workshop with the County and City to discuss conceptual design alternatives and approaches to the project based on latest information available from WSDOT's consultant 9. Conceptual Cost Estimates a. Prepare conceptual level design and planning level cost estimates for the alternatives that were identified in the Concept Development Workshop 10. Alternatives Selection Workshop a. Participate in Alternatives Selection Workshop with the County and City to select a preferred alternative to take into preliminary design. 11. Preliminary Design Report a. Prepare a Preliminary Design Report including maps/figures and pipeline and pump station alternatives evaluation to determine the recommended project and approach to civil,grading,utilities,geotechnical/structural,site power,instrumentation and controls,environmental and cultural resources. b. The Preliminary Design Report will consist of the following chapters: • Executive Summary • Chapter 1 Introduction and Background • Chapter 2 Basis of Design Criteria • Chapter 3 Gravity Collection System Evaluation • Chapter 4 Pump Station and Forcemain Evaluation • Chapter 5 Recommended Plan and Estimated Cost • Chapter 6 Site Civil,Grading and Utility Coordination • Chapter 7 Geotechnical and Structural Design Criteria • Chapter 8 Site Electrical and Facility Power • Chapter 9 Instrumentation and SCADA • Chapter 10 Environmental Permitting • Chapter 11 Cultural Resources • Appendices C. Prepare and submit draft Preliminary Design Report for the recommended plan based on direction received from the Alternatives Selection Workshop for County review. d. Conduct Preliminary Design review meeting with County and Department of Ecology. e. Prepare final report incorporating review comments and submit to County and Department of Ecology. County Services: • Provide key stall to participate in Concept Development and Alternatives Selection Workshops. • Provide timely review and comments to meeting notes from each workshop. • Where data is not available or in the format requested,industry standard practices and County assistance will be used to fill in data or formatting gaps. • County GIS or other existing source will be used for developing map figures. • County staff will participate in the development of acceptable population/employment,flow and loading projection methodologies. Wastewater flow data for existing residential,commercial or industrial entities within the PSIC/Bremerton portions of potential new service areas that might be used in analysis will be made available in a single,non-iterative data source. • FCS Group will be separately retained by Mason County for financial planning. FCS Group report will be included in GSP Amendment Appendix and summarized in the report. • Provide timely review of Draft Preliminary Design Report Assumptions. • All documents to be submitted in electronic(PDF)format unless otherwise noted. • WRF process and hydraulic design criteria will be readily available through existing data sources. • Process modeling of the WRF will not be performed as part of the GSP Amendment analysis. • Contractor will not separately develop sizing of collection system facilities to serve new areas. • Existing biosolids beneficial uses and disposal practices will be continued. No alternative beneficial uses will be evaluated. • WDOT's consultant will release progress updates on highway design project(profile and alignment drawings,etc.),environmental permitting information,geotechnical investigation information and reports,and survey data. • Field explorations along the project corridor will not be performed. • Wetland/Waterway Reconnaissance does not include formal delineation of wetlands and the ordinary high-water mark(OHWM)in the field. • No additional wetlands/waterways beyond the SR3 Freight Corridor Project occur in the sewer extension project area • Contractor will be provided the most recent copies of WSDOT critical areas delineation report(s)from the SR3 Freight Corridor Project • Wetland field investigation will be limited to areas of the sewer extension project that are outside the SR3 Freight Corridor Project area • The segment of the sewer extension that is proposed along SR 3 will occur within the right-of-way(ROW)or and adjacent utility corridor of the SR3 Freight Corridor Project • Wetland and waterway location/boundaries identified will be estimated on aerial photographs • Completion of new wetland rating forms is not included in this task. • Access permission to the study area will be provided by the County for Contractor personnel • WRF liquid and solid stream capital improvements that would become necessary to accept flows or loads beyond current permitted amounts will not be evaluated or estimated. These efforts will be deferred to a later Facility Plan that is excluded from this Scope of Services. • Surge analysis for the recommended collection system facilities to serve new areas will be performed by Contractor during final design. • Environmental Permitting and Approval Plan o Environmental agency permits application review times submitted with the Environmental Permitting and Approval Plan will be estimated and based on experience on similar projects with similar permitting requirements.Actual agency time needed to review permit applications may vary from these estimates o Additional studies for impacts associated with cultural resources,traffic,air, noise,or housing are not included in this task o Figures to be included with the Checklist will be limited to those prepared under other tasks in this scope of work o The project will not require preparation of a SEPA Environmental Impact Statement.Either a Determination of Non-Significance(DNS)or a mitigated DNS will be issued for the project o County staff will prepare and publish the DNS(or mitigated DNS) o This scope does not include attending a public hearing o Contractor will provide a draft copy of the Checklist for review o This proposal does not include time for Contractor to respond to any public or resource agency comments on the Checklist after it has been published for public comment o ROW and limited access determination for SR 3 and the Freight Corridor will be based on records and CAD files received from WSDOT. Title reports and survey of centerline monumentation will not be required o Survey of wetland flagging will not be required Deliverables: • Meeting agenda and meeting notes from Concept Development Workshop. • Concept level design alternatives (up to four)for the pipeline(s)and lift station(s) configuration • Meeting agenda and notes for Concept Development and Alternatives Selection Workshops. • Draft and final permitting matrix(WSDOT and Environmental) • Draft and final geotechnical preliminary design technical memoranda • Draft and final wetland/waterway reconnaissance technical memorandum • Draft and final and updated Environmental Permitting and Approvals Plans • Preliminary Design Report;Draft and Final Task 4-Prepare Comprehensive General Sewer Plan Contractor Responsibilities: 1. General Sewer Plan: a. Acquire,review,and validate additional existing facility documentation and mapping to portray the Belfair collection and treatment facility infrastructure within the document. b. Chapter 1 Introduction-Expand text to summarize the documentation previously prepared,in lieu of referencing. c. Chapter 2 Study Area Environment-Develop additional mapping with introductory text to illustrate the Belfair existing and proposed service areas with natural geographic features. Information will likely be incorporated within a restructured chapter of the GSP dedicated to service area characteristics. d. Chapter 3 Land Use and Population-Original scope and budget remain appropriate. e. Chapter 4 Wastewater Flows and Loadings-Development of expanded projections that reflect the potential end users and service areas(Bremerton, PSIC/Port)that have evolved from stakeholder meetings and proposed infrastructure extension alternatives. f. Chapters 5 and 8 Regulations,Design Guidelines,and Reclaimed Water/Effluent Disposal-Original scope and budget remain appropriate. g. Chapter 10 Treatment Alternatives-Develop summary and figures of documented WRF facilities to meet Ecology requirements. Information will likely be incorporated within a restructured treatment section that includes h. Chapter 11 Collection System Alternatives-Develop a full collection system chapter of a GSP that does not reference previous reports. Sections will now include text and figures of existing and future system infrastructure,model development,calibration and analysis,and deficiencies that are coordinated with the pre-design report alternatives and recommendations. i. New chapter will be developed to summarize Belfair sewer system operation and maintenance(O&M)programs. Sections will include general information available on County operations staffing and certifications and regular preventative maintenance and inspection of facilities. j. New Capital Improvement Program(CIP)chapter will be developed. Chapter will combine project descriptions and Opinions of Probable Project Cost originally anticipated under Chapters 10 and 11 with other O&M based improvements to address facility degradation,obsolescence,or desired standardization. k. Chapter 13 Financial Plan-This chapter will use CII'information to develop a funding model. It remains excluded from this scope and is understood to be prepared by FCS Group under a separate County authorization. 1. Chapter 14 Public Participation-Original scope and budget remain appropriate. m. SEPA Compliance-Prepare the SEPA Checklist for the general sewer plan amendment in conformance with Washington Administrative Code(WAC) 197-11-960 and County standards.The SEPA Checklist(Checklist)will briefly describe the project and address the project's effects on elements of the environment,including a section for non-project actions,as outlined in the Checklist.Submit SEPA checklist for GSP Amendment to County for approval as a non-project action. n. Executive Summary and Appendices-Additional effort will be needed to summarize elements of the standalone GSP that now describe full Belfair sewer system facilities. o. Draft and final GSP Amendment Production and Adoption-Additional effort is reserved to address an anticipated increase in regulatory review comments that result from the expanded information of the standalone GSP. p. Perform flow projections based on latest available growth projection and recommended I/I assumptions. q. Perform collection system analysis using information from existing data. Integrate preliminary design facilities developed in Task 1.2. r. Assess impact to WRF with the following considerations: i. Flow and loading ii. Industrial considerations/policies-wastewater characterization, SIUs,pretreatment,local limits as may need to be considered iii. Process evaluation iv. NPDES/subsurface discharge considerations s. Submit the GSP to Ecology for review 2. Water Rights Impairment Preliminary Analysis: a. Perform a water rights impairment preliminary analysis to determine if a water rights impairment analysis(as described in Ecology's adopted reclaimed water rule)is required as a part of this project,and if not,what "triggers"would necessitate the analysis to be performed. County Responsibilities: a. Participate in Ecology coordination conference calls Assumptions. The County does not have an existing General Sewer Plan approved by Ecology.It is assumed that the following past planning documents will be consolidated into this GSP: a. Belfair/Lower Hood Canal Water Reclamation Facilities as prepared by Gray &Osborne,Inc.in 2001 and amended in December 2004 b. Belfair/Lower Hood Canal Water Reclamation Facility Plan Supplemental Information as prepared by MSA in May 2007 • Contractor has no responsibilities nor scope/budget regarding General Sewer Plan approval activities. • As the proposed sewer extension utilizes existing system infrastructure,re- evaluation of existing facilities will be necessary.New collection system infrastructure will be constructed to discharge directly into the existing sewer system located within the existing SR3 highway. • System modeling efforts to support the development of the GSP and Pre-Design Report are limited to tasks associated with Chapters 4 and 11 and Task 2. Excessive iteration of alternative service and flow scenarios will require a budget amendment. • Anti-degradation Study and/or Water Rights Impairment Analysis as called out in the new reclaimed water rule will not be required because the project does not intent to increase the rated capacity of the existing WRF. • If Ecology will require a pre-analysis of the new Reclaimed Water Rule with regard to this project to determine of a water right impairment analysis is required,it is assumed that future improvements beyond the scope of this project,such as extending sewer up Lake Flora Road or to the PSIC will"trigger' the need to conduct the full analysis. • GSP service area and natural geographic feature figures developed for the GSP will be limited to GIS mapping information available through the County. • One round of Ecology review comments will be required to received approval of the GSP. Deliverables: • A draft GSP Table of Contents,submitted electronically for Owner review and approval. • General Sewer Plan Draft and Final.One(1)electronic format for each Draft and Final and Two(2)hardcopy Finals will be delivered. • Water Right Impairment Preliminary Analysis Schedule: The anticipated project schedule and intended milestones are summarized as follows: Amendment Authorization December 17,2019 Draft GSP Table of Contents January 2020 Finalized GSP Flow Projections February 2020 Surge Analysis Draft of Defined Alternatives February 2020 Receipt of Collection System Alternatives Analysis GSP Elements March 2020 Draft GSP to Ecology for Regulatory Review June 2020 Approved GSP and Pre-Design Plan December 2020 AMENDMENT 1 EXHIBIT B—COMPENSATION A. Compensation: CONTRACTOR will be compensated not more than $1,500,000 for Project 1 and 2 services. The Amended compensation for Project 1 services shall not exceed $527,576. The revised Task budgets are as follows: Estimated Amendment 1 Project/Task Effort Effort Project 1 -SR 3 Freight Corridor Sewer System Predesign and GSP Task 1. Kickoff Meeting $7,823 Task 2. Review Existing Background Data $18,072 Task 3. Prepare Preliminary Design Report with Cost Estimates 1. WSDOT Utility Permitting and Approvals $19,578 2. WSDOT Coordination Meetings $10,391 3. Preliminary Geotechnical Evaluation $13,970 $1,650 4. Wetland/Waterway Reconnaissance $13,420 $8,300 5. Environmental Permitting and Approval Plan $10,670 $3,300 6. Cultural Resources $21,559 7. Concept Development Workshop $7,093 8. Conceptual Cost Estimates $15,385 9. Alternatives Selection Workshop $7,093 10. Preliminary Design Report $103,351 Task 4 General Sewer Plan Amendment $135,130 $69,794 Previous Project 1 -Subtotal $383,533 Amended Project 1 -Subtotal $466,577 Project 1 -Project Management and Quality Control Task 1. Project Management $42,059 $4,716 Task 2. Quality Control $17,770 Task 3. Health and Safety $1,170 Previous Project 1 - PM and QC Subtotal $56,283 Amended Project 1 - PM and QC Subtotal $60,999 Amended Project 1 -Total $527,576 B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; number of hours being billed; invoice total; and any additional applicable information. 2. Submit via e-mail to: Loretta Swanson Public Works Director Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 (360)427-9670 x769 LorettaS@co.mason.wa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: December 17, 2019 Agenda Item # BRIEFING DATE: December 9, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Richard Dickinson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: PUBLIC WORKS BOARD GRANT — BELFAIR SEWER EXTENSION BACKGROUND: The 2019-2021 State budget included a direct appropriation to Mason County in the amount of $2,000,000 for the Belfair Sewer Extension Project. The appropriation is managed through a Public Works Board grant contract. Approximately half of this grant will be used to design the sewer extension and complete the bid documents. The remaining half will go towards easement acquisition and construction. BUDGET IMPACTS: This grant does not require a match. However, the Belfair Sewer Fund #413 will need to pay invoices and then be reimbursed by the grant on a monthly basis. RECOMMENDED ACTION: Recommend the Board authorize the Public Works Director to sign the Public Works Board Direct Appropriation Grant Contract in the amount of $2,000,000 for the Belfair Sewer Extension project. ATTACHMENTS: 1. July 8, 2019 Award Letter 2. Public Works Board Direct Appropriation Grant Contract t ` Washington State Public Works Board i Post Office Box 42525 Olympia,Washington 98504-2525 July 8, 2019 Loretta Swanson, PE Mason County 100 W. Public Works Drive Shelton, WA 98584 Dear Ms. Swanson: Congratulations! Governor Inslee recently signed the 2019-2021 State Capital Budget,which includes an appropriation of$2,000,000 for the Belfair Sewer Extension Project, from the Public Works Board.The earliest reimbursement date for this grant is May 21, 2019. Additionally, prior to receiving funds,your organization will need to fulfill the following requirements: • Provide documentation of your jurisdiction's financial ability to complete the project. All funds from sources other than the state must be expended, raised, or secured by documented pledges or loans. Please fill out the enclosed Contract Readiness Survey and return it at your earliest convenience.Also, include the following: • EZ-1 Form for the Washington State Department of Archaeology and Historic Preservation and any affected Tribes. I will conduct the consultation, and I will include you in my correspondence. • Attach your Greenhouse Gas Policy. If you have any questions or need additional information, please contact your Project Manager, Kari Sample, at 360-725-3089 or kari.sample@commerce.wa.gov. Sincerely, . OQ Connie Rivera Public Works Board, Program Director and Tribal Liaison CONTRACT FACE SHEET Contract Number: PG20-96103-001 PUBLIC WORKS BOARD DIRECT APPROPRIATION GRANT CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) Mason County N/A 100 W Public Works Dr. Shelton, WA 98584 3. Contractor Representative 4. Public Works Board Representative N/A N/A 5. Contract Amount 6. Funding Source 7. Contract Start 8. Contract End Date Date $2,000,000.00 Federal: ❑ State: 0 Other: ❑ Contract Execution June 30, 2023 N/A: ❑ Date (subject to rea ro riation 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID# 11. SWV# 12. UBI# 13. DUNS# 0001893-03 232-002-101 14. Contract Purpose The outcome of this performance-based Grant Contract is to Mason County Belfair Sewer Extension as referenced in the Scope of Work on the Declarations page. The Board, defined as the Washington State Public Works Board and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contract Terms and Conditions including Declarations Page; Attachment I: Certification of Availability of Funds to Complete the Project. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature Scott Hutsell, Public Works Board Chair Print Name Date Title APPROVED AS TO FORM ONLY Date September 16, 2019 Sandra Adix Assistant Attorney General DECLARATIONS CLIENT INFORMATION Legal Name: Mason County Grant Contract Number: PG20-96103-001 PROJECT INFORMATION Project Title: Belfair Sewer Extension Project City: Belfair Project State: Washington Project Zip Code: 98528 GRANT CONTRACT INFORMATION Grant Amount: $2,000,000.00 Total Estimated Cost: $12,600,000.00 Total Estimated Funding: $12,600,000.00 Appropriation Number: SHB 1102 Section 1031 Grant End Date: June 30, 2023 (subject to reap propriation) Grant Earlies Date for Construction May 21, 2019 Reimbursement: SPECIAL TERMS AND CONDITIONS GOVERNING THIS GRANT CONTRACT SCOPE OF WORK The project will design two or three sewer lift stations,gravity sewer,and pressure main extending from the Belfair Waste Reuse Facility(WRF)to the Puget Sound Industrial Center(PSIC)at Lake Flora Road. The project costs may include but are not limited to:engineering, cultural and historical resources, environmental documentation, review, permits, public involvement,easements, and bid documents.The project needs to meet all applicable Local, State, and/or Federal standards. 3 ,. a,r r t ,.,. t �� _. ,. y '. i � J �_� •` '� r �� _ �� b.- �':. � � 7� x �' �-sr: �t - _ .. ^{ $�: ¢L� Ft.":. 5 ,l��k:� f F n i F �" � Y �: �, _, �. , N a`. 3 _ r "'%'.. :;`Y; - �. 't �� � tit w w �#rte ,,. �� y � x" ":�i w. � ., d, `9:. a. 1.�;. c'>` TABLE OF CONTENTS CONTRACT TERMS AND CONDITIONS................................................................................. 1 PUBLIC WORKS BOARD DIRECT APPROPRIATION GRANT SPECIAL TERMS AND CONDITIONS............................................................................................................................. 1 1.1 Definitions.............................................................................................................................1 1.2 Authority................................................................................................................................1 1.3 Purpose.................................................................................................................................1 1.4 Order of Precedence............................................................................................................1 1.5 Grant Amount .......................................................................................................................2 1.6 Competitive Bidding Requirements ...................................................................................2 1.7 Certification of Funds..........................................................................................................2 1.9 Investment Grade Audit.......................................................................................................2 1.10 Sub-Contractor Data Collection........................................................................................3 1.11 Eligible Project Costs...........................................................................................................3 1.12 Historical and Cultural Resources......................................................................................3 1.13 Ownership of Project/Capital Facilities..............................................................................4 1.14 Change of Ownership or Use for Contractor-Owned Property .......................................4 1.15 Project Completion Amendment and Certified Project Completion Report...................4 1.16 Project Signs.........................................................................................................................5 1.17 Recapture Provision.............................................................................................................5 1.18 Reduction in Funds..............................................................................................................5 1.19 Reappropriation....................................................................................................................5 1.20 Reimbursement Procedures and Payment........................................................................5 1.21 Reports..................................................................................................................................7 1.22 Termination for Cause.........................................................................................................7 1.23 Termination for Convenience..............................................................................................7 1.24 Contract Suspension ...........................................................................................................7 1.25 Special Conditions...............................................................................................................7 GENERAL TERMS AND CONDITIONS ....................................................................................8 2.1 DEFINITIONS..........................................................................................................................8 2.2 Allowable Costs.....................................................................................................................8 2.3 ALL WRITINGS CONTAINED HEREIN .................................................................................8 2.4 AMENDMENTS.......................................................................................................................8 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35.....................................................................................8 2.6 APPROVAL.............................................................................................................................8 2.7 ASSIGNMENT.........................................................................................................................9 2.8 ATTORNEYS' FEES...............................................................................................................9 2.09 CODE REQUIREMENTS.......................................................................................................9 2.10 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION................................................9 2.11 CONFORMANCE...................................................................................................................9 2.12 CONFLICT OF INTEREST.................................................................................................. 10 2.13 COPYRIGHT PROVISIONS................................................................................................ 10 2.14 DISALLOWED COSTS....................................................................................................... 10 2.15 DISPUTES........................................................................................................................... 11 2.16 DUPLICATE PAYMENT..................................................................................................... 11 2.17 GOVERNING LAW AND VENUE....................................................................................... 11 2.18 INDEMNIFICATION ............................................................................................................ 11 2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR...................................................... 12 2.20 INDUSTRIAL INSURANCE COVERAGE........................................................................... 12 2.21 LAWS.................................................................................................................................. 12 2.22 LICENSING, ACCREDITATION AND REGISTRATION.................................................... 12 2.23 LIMITATION OF AUTHORITY............................................................................................ 12 2.24 Local Public Transportation Coordination ..................................................................... 12 2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS............................................... 12 2.26 PAY EQUITY....................................................................................................................... 12 2.27 POLITICAL ACTIVITIES..................................................................................................... 13 2.28 PREVAILING WAGE LAW................................................................................................. 13 2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION.............................. 13 2.30 PUBLICITY.......................................................................................................................... 13 2.31 RECAPTURE...................................................................................................................... 13 2.32 RECORDS MAINTENANCE............................................................................................... 14 2.33 REGISTRATION WITH DEPARTMENT OF REVENUE .................................................... 14 2.34 RIGHT OF INSPECTION .................................................................................................... 14 2.35 SAVINGS ............................................................................................................................ 14 2.36 SEVERABILITY.................................................................................................................. 14 2.37 SUBCONTRACTING .......................................................................................................... 14 2.38 SURVIVAL.......................................................................................................................... 15 2.39 TAXES................................................................................................................................. 15 2.40 TERMINATION FOR CAUSE............................................................................................. 15 2.41 TERMINATION FOR CONVENIENCE ............................................................................... 15 2.42 TERMINATION PROCEDURES......................................................................................... 15 2.43 TREATMENT OF ASSETS................................................................................................. 16 2.44 WAIVER.............................................................................................................................. 16 ATTACHMENT I: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT................................................................................................................................ 18 CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD DIRECT APPROPRIATION GRANT SPECIAL TERMS AND CONDITIONS 1.1 Definitions As used throughout this Construction Grant Contract the following terms shall have the meaning set forth below: A. "Contract' shall mean this Construction Grant Contract. B. "Contractor" shall mean the local government identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor. C. "The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)43.155.030, and who is a Party to the Contract. D. "Declarations " and "Declared" shall refer to the project information, Grant terms and conditions as stated on the Declarations Page of this Grant Contract, displayed within the contract in THIS STYLE for easier identification. 1.2 Authority Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works Board construction Grant for an approved public works project. 1.3 Purpose The Board and the Contractor have entered into this Contract to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Program. The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the grant terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein. 1.4 Order of Precedence In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and regulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1 1.5 Grant Amount BOARD shall pay an amount not to exceed the awarded GRANT AMOUNT as shown on the attached Declarations page for the eligible costs necessary for or incidental to the performance of work as set forth in the SCOPE OF WORK shown on the Declarations page. 1.6 Competitive Bidding Requirements The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Program. 1.7 Certification of Funds A. The release of state funds under this Grant Contract is contingent upon the CONTRACTOR certifying that it has expended or has access to funds from other sources as set forth in ATTACHMENT I: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT to complete all the project activities identified in the SCOPE OF WORK shown on the Declarations page. Such sources may consist of a combination of any of the following: i. Loans or grants. ii.Eligible project expenditures prior to the execution of this Grant Contract. iii. Cash dedicated to the project. iv. Funds available through a letter of credit or other binding loan commitment(s). V. Pledges from foundations or corporations. vi. Pledges from individual donors. vii. The value of real property when acquired solely for the purposes of this project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. BOARD will not consider appraisals for prospective values of such property for the purposes of calculating the amount of matching fund credit. B. The CONTRACTOR shall maintain records sufficient to evidence that it has access to or has expended funds from such sources, and shall make such records available for BOARD's review upon reasonable request. 1.8 Basis For Establishing Real Property Values For Acquisitions Of Real Property Performance Measures When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: A. CONTRACTOR purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. B. CONTRACTOR purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 1.9 Investment Grade Audit For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which an investment grade audit is obtainable, Contractor must undertake an investment grade audit. Costs incurred as part of the investment grade audit are eligible project costs. 2 1.10 Sub-Contractor Data Collection Contractor will submit reports, in a form and format to be provided by the BOARD and at intervals as agreed by the parties, regarding work under this Contract performed by sub-contractors and the portion of the Contract funds expended for work performed by sub-contractors, including but not necessarily limited to minority-owned, women-owned, and veteran-owned business sub-contractors. "Sub-Contractors" shall mean sub-contractors of any tier. 1.11 Eligible Proiect Costs The Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC)399-30-030 and be related only to project activities described in declared SCOPE OF WORK. Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty(30)days of the reimbursement request. Only costs that have been incurred on or after GRANT REIMBURSEMENT START DATE shown in the Declarations are eligible for reimbursement under this Contract. Eligible costs will be paid according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works Board Grants. These terms supersede the terms in Section 2.2. Allowable Costs. 1.12 Historical and Cultural Resources Prior to commencing construction, Contractor shall complete the requirements of Governor's Executive Order 05-05, or, as an alternative to completion of Governor's Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preservation Act, as applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless the Board and the State of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to cultural resource as a continuing pre-requisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural resources are discovered during construction, the Contractor shall immediately stop work and notify the local historical preservation officer and the state's historic preservation officer at DAHP. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all sub-contracts for work or services related to the declared SCOPE OF WORK. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44.040 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits. 3 Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05. In the event that the Contractor finds it necessary to amend SCOPE OF WORK, the Contractor may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 1.13 Ownership of Project/Capital Facilities BOARD makes no claim to any real property improved or constructed with funds awarded under this Grant Contract, does not assert, and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Grant Contract. This provision does not extend to claims that BOARD may bring against the CONTRACTOR in recapturing funds expended in violation of this Grant Contract. 1.14 Change of Ownership or Use for Contractor-Owned Property The CONTRACTOR understands and agrees that any or all assets acquired, constructed, or otherwise improved by the CONTRACTOR using the funds under this Grant Contract shall be held and used by the CONTRACTOR for the purposes stated in the SCOPE OF WORK shown on the Declarations page for a period of at least ten (10) years from the date the final payment is made. In the event that the CONTRACTOR decides to change or transfer ownership of any or all assets acquired, constructed, or otherwise improved by the CONTRACTOR using state funds under this Grant Contract, the CONTRACTOR agrees that any such decision or action must be submitted in writing and approved by BOARD in writing at least thirty(30)days prior to the execution of such decision or action. In the event the CONTRACTOR is found to be out of compliance with this section, the CONTRACTOR shall repay the principal amount of the grant as stated in Section Error! Reference source not found., plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject asset was authorized. Repayment shall be made pursuant to Section Error! Reference source not found.. Recapture Provision. 1.15 Project Completion Amendment and Certified Proiect Completion Report The Contractor shall complete a Certified Project Completion Report when all activities identified in the SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion Report form, which shall include: A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in the SCOPE OF WORK. C. Certification that all costs associated with the project have been incurred and have been accounted for. Costs are incurred when goods and services are received and/or contract work is performed. D. A final voucher for the remaining eligible funds. E. Pictures of Completed Project. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the Grant amount. The final Invoice Voucher payment shall not occur 4 prior to the completion of all project activities identified in the SCOPE OF WORK and the Board's receipt and acceptance of the Certified Project Completion Report. The Project Completion Amendment shall serve as an amendment to this Contract determining the final Grant amount, local share, state and federal. 1.16 Proiect Signs If the Contractor displays, during the period covered by this Contract, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Board as a participant in the project. 1.17 Recapture Provision In the event that the Contractor fails to expend state funds in accordance with state law and/or the provisions of this Grant Contract, BOARD reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the Contractor of state funds under this recapture provision shall occur within thirty(30) days of demand. In the event that BOARD is required to institute proceedings to enforce this recapture provision, BOARD shall be entitled to its cost thereof, including reasonable attorney's fees. In the event that the Contractor fails to perform this Grant Contract in accordance with state laws, federal laws, and/or the provisions of this Grant Contract, BOARD reserves the right to recapture all funds disbursed under the Grant Contract, in addition to any other remedies available at law or in equity. This provision supersedes the Recapture provision in Section 2.31 of the General Terms and Conditions. 1.18 Reduction in Funds In the event state funds appropriated for the work contemplated under this Grant Contract are withdrawn, reduced, or limited in any way by the Washington State Governor or Legislature during the Grant Contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of BOARD, and shall meet and renegotiate the Grant Contract accordingly. 1.19 Reappropriation The parties hereto understand and agree that any state funds not expended by the BIENNIUM CLOSE DATE listed on the Declaration page will lapse on that date unless specifically reappropriated by the Washington State Legislature or Governor. BOARD will make all necessary efforts to seek reappropriation of funds into the declared BIENNIUM. If funds are so reappropriated, BOARD's obligation under the terms of this Grant Contract shall be contingent upon the terms of such reappropriation. In the event any funds awarded under this Grant Contract are reappropriated for use in a future biennium, BOARD reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 1.20 Reimbursement Procedures and Payment If funding or appropriation is not available at the time the invoice is submitted, or when this contract is executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. 5 The Board shall reimburse the Contractor for eligible project expenditures up to the maximum Grant amount under this contract, as identified in Section 1.10. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher(Form A19), referencing the SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor provides: • Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act, as described in Section 1.11, and • Signed Public Works Board Notice of Contract Award and Notice to Proceed, which follows the formal award of a construction contract. The Contractor shall submit all Invoice Vouchers and all required documentation to: Public Works Board Attn: (Program Specialist) PO Box 42525 Olympia, WA 98504-2525 The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the Board not more often than monthly. Payment shall be considered timely if made by the Board within thirty(30)calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board. BOARD shall not release the final five(5) percent of the total grant amount until acceptance by BOARD of project completion report. Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. In no event shall the total Public Works Grant exceed 100% of the eligible actual project costs. At the time of project completion, the Contractor shall submit to the Board a Project Completion Amendment certifying the total actual project costs and local share. The final Public Works Grant disbursement shall bring the total Grant to the lesser of 100% of the eligible project costs or the total declared GRANT AMOUNT. The Project Completion Amendment shall serve as an amendment to this Contract determining the final Grant amount, local share, state and federal. In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor has received Public Works Board monies in excess of 100.00% of eligible costs, all funds in excess of 100.00% shall be repaid to the Public Works Board by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment. 6 1.21 Reports The Contractor shall furnish the Board with: A. Project Status Reports with each Invoice Voucher; B. Project Quarterly Reports(if no funds have been reimbursed in the quarter)and/or Quarterly Expenditures Report; C. Quarterly Projection Invoice Reports; D. Certified Project Completion Report at project completion (as described in Section 1.13); E. Pictures of various stages of the project, and F. Other reports as the Board may require. 1.22 Termination for Cause If the Contractor fails to comply with the terms of this Contract, or fails to use the Grant proceeds only for those activities identified in the SCOPE OF WORK, the Board may terminate the Contract in whole or in part at any time. The Board shall notify the Contractor in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the Grant. These terms supersede the terms in Section 2.40 Termination for Cause. 1.23 Termination for Convenience The Board may terminate this contract in the event that state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board's obligations under this contract. Termination will be effective when the Board sends written notice of termination to the Contractor. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the Grant. These terms supersede the terms in Section 2.41 Termination for Convenience. 1.24 Contract Suspension In the event that the Washington State Legislature fails to pass and the Governor does not authorize a Capital Budget by June 30 of each biennium, the Washington State Constitution Article 8 and RCW 43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of appropriation. In such event, all work under this contract will be suspended effective July 1. The Contractor shall immediately suspend work under this contract and take all reasonable steps necessary to minimize the cost of performance directly attributable to such suspension until the suspension is cancelled. THE BOARD shall notify the Contractor immediately upon lifting of the contract suspension. 1.25 Special Conditions If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract. 7 GENERAL TERMS AND CONDITIONS 2.1 DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. "COMMERCE"shall mean the Department of Commerce. C. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. D. "BOARD" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)43.155.030, and which is a Party to the Contract E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor"and "subcontractors" mean subcontractor(s) in any tier. 2.2 Allowable Costs Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3 ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.6 APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 8 2.7 ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. 2.8 ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorney's fees and costs. 2.09 CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.10 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: 1. All material provided to the Contractor by the Board that is designated as"confidential" by the Board; 2. All material produced by the Contractor that is designated as"confidential" by the Board; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health,finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five(5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 2.11 CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9 2.12 CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the BOARD may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by the BOARD that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the PUBLIC WORKS BOARD including but not limited to formulating or drafting the legislation, participating in Grant procurement planning and execution, awarding Grants, and monitoring Grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by,job title or position held, and separation date. If it is determined by BOARD that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, BOARD shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of BOARD provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which BOARD makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this contract. 2.13 COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract.The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14 DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 10 2.15 DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Chair and the other party's (respondent's) Representative within three(3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5)working days. The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution(ADR) method in addition to the dispute hearing procedure outlined above. 2.16 DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.17 GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 2.18 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, BOARD, agencies of the state and all officials, agents and employees of the state, for, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim"as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom.The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to the Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 11 2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.20 INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 2.21 LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. 2.22 LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2.23 LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action)shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.24 Local Public Transportation Coordination Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 2.26 PAY EQUITY The Contractor agrees to ensure that"similarly employed" individuals in its workforce are compensated as equals, consistent with the following: 12 A. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: 1. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. 2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. 3. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by the BOARD, if the BOARD or the Department of Enterprise Services determines that the Contractor is not in compliance with this provision. 2.27 POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.28 PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages"and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request. 2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.30 PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied, without the prior written consent of the Board. 2.31 RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. 13 Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this contract. 2.32 RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33 REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.34 RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.35 SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract under the "Termination for Convenience"clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.36 SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 2.37 SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c)require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal 14 conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 2.38 SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.39 TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.40 TERMINATION FOR CAUSE In the event BOARD determines the Contractor has failed to comply with the conditions of this contract in a timely manner, BOARD has the right to suspend or terminate this contract. Before suspending or terminating the contract, BOARD shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law. BOARD reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by BOARD to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or(2)failure to perform was outside of his or her control, fault or negligence. The rights and remedies of BOARD provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 2.41 TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.42 TERMINATION PROCEDURES Upon termination of this contract, BOARD, in addition to any other rights provided in this contract. The rights and remedies of BOARD provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; 15 C. Assign to the BOARD, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the BOARD has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to the BOARD and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to the BOARD; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the BOARD has or may acquire an interest. 2.43 TREATMENT OF ASSETS Title to all property furnished by BOARD shall remain in BOARD. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the Contractor. 2.44 WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board. 16 ATTACHMENT I: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT PUBLIC WORKS BOARD DIRECT APPROPRIATION GRANT Mason County PG20-96103-001 Type of Funding Source Description Amount Grant Public Works Board $ 2,000,000.00 Other Grants Grant#1 WA Department of Commerce $ 499,550.00 Grant#2 $ Total Other Grants $ 499,550.00 Other Local Revenue Source #1 Local—City of Bremerton $ 1,000,000.00 Total Local Revenue $ 1,000,000.00 Other Funds Source#1 Public Works Board—Construction Loan $8,000,000.00 Source#2 Partners, Private, State $ 1,100,450.00 Total Other Funds $ 9,100,450.00 Total Project Funding — R I $12,600,000.00 CERTIFICATION PERFORMANCE MEASURE The CONTRACTOR, by its signature, certifies that project funding from sources other than those provided by this Contract and identified above are fully expended or committed, or both, in an amount sufficient to complete the project, or a distinct phase of the project that is useable to the public, and that the funding will be used for the purpose as described elsewhere in this Contract, as of the date and year written below. The CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the project, and shall make such records available for BOARD's review upon reasonable request. SIGNATURE NAME TITLE DATE 19 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: December 17, 2019 Agenda Item # BRIEFING DATE: December 9, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Safety Plan Data Collection Project, Supplemental Agreement No. 1 IMS Infrastructure Management Services, LLC BACKGROUND: Commissioners authorized Public Works to procure a consultant to assist with collecting roadway data and creating the County Road Safety Plan on March 6, 2018. Public Works solicited a formal request for proposal and IMS Infrastructure Management Services, LLC out of Arizona was selected. At this time, it is necessary to extend the time for completion of this work from December 31, 2019 to April 30, 2020 , with no change is cost or scope of work. BUDGET IMPACTS: Maximum payable amount of this contract is $126,547.50 RECOMMENDED ACTION: Recommend the Board approve Supplemental Agreement No. 1 with IMS Infrastructure Management Services, LLC. To extend the completion date for the Safety Plan Data Collection Project to April 30, 2020. ATTACHMENTS: Supplemental Agreement No. 1 � Washington State TWO Department of Transportation Supplemental Agreement Organization and Address Number I IMS Infrastructure Management Services,LLC Original Agreement Number 1820 W.Drake Dr.Ste 104 Tempe,AZ 85283-4312 19-10 Phone: (480)462-4030 Project Number Execution Date Completion Date 12/17/19 4/30/2020 Project Title New Maximum Amount Payable Safety Plan Data Collection N/A Description of Work Collecting safety plan data,manage the data and provide it in a form compatible with Mobility.Includes rating and providing imaging. The Local Agency of Mason County desires to supplement the agreement entered in to with IMS Infrastructure Management Services,LLC and executed on 12/17/19 and identified as Agreement No. 19-10 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Time extension with no change in contract amount. I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Completed by April 30 2020 III Section V, PAYMENT, shall be amended as follows: N/A as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By:Kevin Shutty Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: December 17, 2019 Agenda Item # .-7 BRIEFING DATE: November 4, 2019 and November 18, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Zach Foster [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Implementing Solid Waste Flow Control — Set Hearing BACKGROUND: The Board of County Commissioners requested Public Works to look into implementing solid waste flow control that would require Mason County Garbage and Recycling to deliver all solid waste collected in unincorporated areas of the county. Mason County Garbage presently takes approximately 5,400 tons waste from Mason County to Kitsap County's facility (3,400 Commercial/Roll Off and 2,000 Residential). Implementing flow control would result in Mason County Garbage hauling to Eells Hill rather than Kitsap County. This would amount to an approximate 10% increase in overall tonnage. Implementation of Solid Waste Flow Control would also require the Mason County 2018 Comprehensive Solid Waste Management Plan to be updated in the near future. CITATIONS: RCW 36.58.040 speaks to a county's ability to"designate a disposal site or sites for all solid waste collected in the unincorporated areas pursuant to the provisions of a comprehensive solid waste plan county". The Mason County Solid Waste Management Plan states the need to"evaluate the physical and economic impacts of implementing flow control at Mason County solid waste facilities" and "to keep waste currently going to other counties in the Mason County system". MCC 6.72.030 addresses solid waste handling, but silent to designating specific disposal sites. OPERATIONAL IMPACTS: Flow control would increase Mason County Garbage disposal haul distance and possibly time. Flow control would increase congestion at the Eells Hill Transfer Station. Mason County Garbage estimates that flow control would trigger the need for additional trucks and drivers. FINANCIAL/BUDGET IMPACTS: Flow control will result in increased rates for the northern customers to account for Mason County Garbage's changes in transportation and tipping fee costs. To increase rates, Mason County Garbage must go through the UTC (Utilities and Transportation Commission) which is typically a 45 day process. Mason County Garbage provided preliminary, ball-park rate increase estimates for two scenarios: 1. Commercial Customer Only Flow Control — 5.2% increase generating roughly $344,000 2. Commercial/Residential Flow Control — 9.2% increase generating roughly $611,000 This does not take into account a tipping fee increase or a planned 2.5% increase Mason County Garbage believes they will qualify for. Implementing commercial flow control will result in an estimated annual revenue increase to Solid Waste Fund #402 in the amount of$212,700 based on the following assumptions: ■ Additional 5000 tons per year received at Eells Hill • Additional tipping revenue at $99.52/ton (pre-tax) ■ Additional haul expenditure at $56.98/ton ■ No additional personnel or increased operational expenditures This additional revenue could be used to make improvements such as: ■ Add a safety spotter at Eells Hill • Pave the exit from the Eells Hill tipping floor ■ Plan for eventual separation of commercial from residential • Save to construct Eells Hill improvements to separate commercial from residential ■ Install a commercial scale at Eells Hill • Plan and save for Belfair improvements PUBLIC AND OTHER OUTREACH: Mason County Solid Waste Advisory Committee (SWAG) previously recommended looking at implementing flow control. Mason County and Kitsap County recently discussed proceeding with commercial flow control and Kitsap is agreeable. Public Works reached out to Mason County Garbage to understand potential impacts associated with implementing commercial flow control. The public will be notified through the normal public hearing notice process. RECOMMENDED ACTION: Recommend the Board set a hearing for January 7, 2020 at 9:15am to consider a code amendment to Mason County Code Chapter 6.72, Section .030 adding Section (I); Solid Waste Flow Control and authorize the Chair to sign an Interlocal Agreement between Mason and Kitsap Counties enacting solid waste flow control effective April 1, 2020 if code amendment is approved. ATTACHMENT: 1. Notice of Hearing 2. Ordinance 3. Interlocal Agreement NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, January 7, 2020 at 9:15 a.m. SAID HEARING will be to present the added section to Mason County Code Ch. 6.72 "Solid Waste Handling Code," Section .030 establishing (I) "Solid Waste Flow Control" A copy of the update is available on the County website at: www.co.mason.wa.us on the Utilities Waste Management Solid Waste homepage under"News and Links". If special accommodations are needed, please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elms) or (360) 275-4467 (Belfair), Ext. 419 or any questions contact Loretta Swanson, 360- 427-9670, Ext. 450. DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board cc: Journal - Publ 2t: 12/26/19 and 1/2/19 (Bill: Public Works, 100 W Public Works Drive, Shelton, WA 98584) ORDINANCE NO. AN ORDINANCE AMENDING MASON COUNTY CODE CHAPTER 6.72.030— SOLID WASTE HANDLING ADDING SECTION ON SOLID WASTE FLOW CONTROL AN ORDINANCE, amending Mason County Code Chapter 6.72, Section .030, adding section "I"establishing 'Solid Waste Flow Control"; WHEREAS, Mason County is charged by Chapter 70.95 RCW with responsibility for adopting a comprehensive solid waste management plan to control the disposal of solid waste generated and collected within its boundaries; and WHEREAS, RCW 36.58.040, authorizes the Mason County Board of Commissioners to provide by ordinance for the establishment of a system of solid waste disposal for the unincorporated areas of the County, to designate disposal sites and enter agreements with operators of disposal sites relating to utilization of and rates for solid waste handling systems, plants, sites and other facilities; WHEREAS, RCW 36.58.040 and RCW 36.58.045 authorize the County to fund its expenses incurred in connection with RCW 70.95 NOW THEREFORE, BE IT ORDAINED, that the Board of Mason County Commissioners hereby amends Chapter 6.72 of the Mason County Code, "Solid Waste Handling", by adding Section .030 (I), entitled "Solid Waste Flow Control" and to read as set forth on Exhibit 1, attached hereto and incorporated by reference. DATED this day of 12019 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drefty, Clerklof the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Chair Tim Whitehead, Ch. DPA Randy Neatherlin, Commissioner Cc: Elected Officials Dept. Heads EXHIBIT 1 ORDINANCE NO. Chapter 6.72.030 Solid Waste Handling (i) Solid Waste Flow Control (1) Facility Description. The Facility designated is declared to be the Mason County Eells Hill Transfer Station located at 501 W. Eells Hill Road, Shelton, Washington. (2) Geographic Area Affected. The geographic area subject to this flow control, and for which a required use order may be issued pursuant to and shall constitute all areas located within Mason County. (3) Type and Quantities of Solid Waste. The types and quantities of solid waste, which shall be subject to this flow control ordinance and for which a required use order may be applicable, shall include all residential, commercial and industrial acceptable waste generated in Mason County, Washington. (4) Persons Subjected to this Ordinance. The persons subjected to this flow control ordinance and who may be required to use the Eells Hill Transfer Station under a required use order are the following: a. Any local unit of government, occupant of single family or multifamily residence, retail business, commercial business or industry or any other legally recognized entity located in or collecting solid waste within Mason County. (5) Tipping Fees/Rates and Charges. The tipping fee to be charged to the required users of the Facility shall be payable to Mason County and set by the Consumer Price Index (CPI-U) for the Mason County solid waste transfer station (Eells Hill Transfer Station). The rates are available at the Mason County Public Works Solid Waste Division and can be found at the Utilities and Waste Management/Solid Waste Division website. (6) Effective Period. The effective period for enforcement of this municipal waste flow control ordinance shall be from April 1, 2020, through December 31, 2030. The effective date of this solid waste flow control ordinance is April 1, 2020. (7) Authorization. The Board of County Commissioners pursuant to Chapter 36.58.040 RCW of the Washington State Legislature may establish by ordinance a system or systems of solid waste handling for all unincorporated areas of the county or portions thereof and designate disposal sites. (8) Exceptions to Required Use. Mason County has the right to designate alternate disposal sites when the Public Works Director or Deputy Director finds it necessary for the immediate preservation of the public health and/or safety that additional or alternative disposal sites be designated on an temporary operational or emergency basis, the Director of Community Services may approve additional disposal sites upon notification to the Chair of the Board of such temporary operational need or emergency. CONTRACT NO. INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND MASON COUNTY REGARDING SOLID WASTE COMMERCIAL FLOW CONTROL This agreement is executed between Kitsap County ("Kitsap") and Mason County ("Mason") implementing commercial solid waste flow control within Mason County; requiring Mason County Garbage to haul to Eells Hill Transfer Station rather than Kitsap. BACKGROUND WHEREAS, RCW 36.58.040 allows Mason County to designate disposal sites when a private hauler is collecting in a geographic area lying in more than one county; and WHEREAS, Chapter 70.95 RCW, a County may designate a disposal site or sites for all solid waste collected in the unincorporated areas pursuant to the provision of the Comprehensive Solid Waste Management Plan. WHEREAS, Mason County Solid Waste Management Plan states the need to "evaluate the physical and economic impacts of implementing flow control at Mason County solid waste facilities" and "to keep waste currently going to other counties in the Mason County system". WHEREAS, Mason County owns and operates the Eells Hill Transfer Station and the Union, Belfair and Hoodsport drop off facilities, and WHEREAS, the County exports solid waste collected from all facilities, by contract, from the Eells Hill Transfer Station by truck to Chehalis and from there by rail transportation to the Roosevelt Regional Landfill. WHEREAS, Mason County Garbage currently hauls four to five thousand tons of commercial/residential solid waste from the northern outskirts of Mason County to Kitsap County's facility; and WHEREAS, Mason County would like to implement commercial flow control, requiring all commercial/residential solid waste disposed of at the Eells Hill Transfer Station; and WHEREAS, implementing commercial flow control will result in an annual increase in revenues to the Solid Waste Division that may be used to improve county solid waste facilities and operations; and WHEREAS; Washington State Department of Ecology's guidance on flow control to local governments is to use authority to direct moderate solid waste to certain facilities to use as a tool to ensure financial sustainability; and WHEREAS, Kitsap and Mason County have came to an agreement that establishing commercial flow control will benefit both county facilities, reduces capacity issues for Kitsap and creates more revenue for Mason; and WHEREAS, Mason finds it is in the best interest of their citizens and the county to enter into an interlocal agreement pursuant to RCW 39.34 regarding commercial flow control in Mason County; and WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements pursuant to Chapter 39.34 RCW; NOW THEREFORE, the parties mutually agree as follows: The recitals are hereby incorporated into the Agreement by this reference. Kitsap will no longer allow commercial waste from Mason unless requested in writing by Mason for emergency relief and agreed upon by both parties. This Agreement shall commence on and shall extend through December 31, 2029. The parties may agree to extend this Agreement for 10-years by amendment as set forth below. Mason County may terminate this Agreement whenever Mason determines, in its sole discretion that such termination is in the best interests of Mason County. Termination of this Agreement by Mason at any time during the term, whether for default or convenience, shall not constitute a breach of this Agreement. Mason and Kitsap agree to defend, indemnify and hold harmless each other, at their sole expense, including attorneys' fees, from and against any and all claims, demands, losses, damages, liabilities, and expenses of any nature whatsoever, including, but not limited to personal injury or property damage, arising out of the performance of this Agreement, whether the demand, loss or claim is due to the negligence of either Mason, or Kitsap, or of their elected and appointed officials, officers, employees and agents, except for injury or damages caused by the sole negligence or willful misconduct of either Kitsap or Mason, its elected or appointed officials, officers, employees or agents. This Agreement may be amended only upon the written agreement of the parties executed with the same formalities required for the execution of this Agreement. There will be a review process to evaluate the physical and economic impacts if an extension is desired. This Agreement shall be filed with the Mason County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on Mason's website. Any notices shall be mailed to: For Kitsap County: For Mason County: Kitsap County Public Works Mason County Public Works Department Solid Waste Division Utilities and Waste Management Division 614 Division Street, MS-27 100 W Public Works Drive Port Orchard, Washington 98366 Shelton, Washington 98584 Attn: Patricia Campbell Attn: Loretta Swanson DATED this day , 2019 DATED this day , 2019 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON KEVIN SHUTTY, Chair EDWARD E. WOLFE, Chair SHARON TRASK, Commissioner CHARLOTTE GARRIDO, Commissioner RANDY NEATHERLIN, Commissioner ROBERT GELDER, Commissioner ATTEST: ATTEST: Melissa Drewry, Clerk of the Board Dana Daniels, Clerk of the Board Approved as to form: Approved as to form by the Kitsap County Tim Whitehead, Chief DPA Prosecuting Attorney's Office MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit and Todd Parker Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _404 COMMISSION MEETING DATE: 12/17/19 Agenda Item # Commissioner staff to com tete BRIEFING DATE: 11/18/19 BRIEFING PRESENTED BY: Lydia Buchheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Treatment Sales Tax: Six-month contract extensions Background: As the management of Medicaid Mental Health and Chemical Dependency services and billing are shifting from Behavioral Health Organization to Managed Care Organizations in 2020 these contract extensions will allow services to continue through this transitional period. RECOMMENDED ACTION: Approval of six-month contract extensions with Behavioral Health Resources, Consejo Counseling, Northwest Resources and Peninsula Community Health Services Attachment(s): Amendments I:\Community Services-Public Health\PH_12.17.19_C.Action Agenda TST contract extensions.doc Contract Between Mason County and Northwest Resources II, Inc. Professional Services Contract#NWRII-2018.1 Amendment# 1 The purpose of this amendment is to extend the duration and increase the total award of the contract. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Contract Extension This amendment extends the contract through June 30, 2020. 2. Six Month Extension Award $40,231 ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 1)P re W h e P , 2019. CONTRACTOR MASON COUNTY Dennis Neal Kevin Shutty, Chair Northwest Resources II, CEO Mason County Board of County Commissioners 1 Contract Between Mason County and Peninsula Community Health Services Professional Services Contract#PCHS-2018.1 Amendment# 1 The purpose of this amendment is to extend the duration and increase the total award of the contract. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Contract Extension This amendment extends the contract through June 30, 2020. 2. Six Month Extension Award $24,000 3. Scope of Service 1.0 FTE Peer Navigator Community Health Worker to provide coordination services that connects individuals directly to mental health and chemical dependency treatment as well as relevant recovery support services and includes monitoring for relapse or other threats to sustained recovery. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. tt, IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the ICS day of 1zo f- 2019. CONTRACTOR MASON COUNTY nnifer reidler-Moss Kevin Shutty, Chair P ninsul Community Health Services, CEO Mason County Board of County Commissioners 1 Contract Between Mason County and Consejo Counseling Professional Services Contract#CC-2018.1 Amendment# 1 The purpose of this amendment is to extend the duration and increase the total award of the contract. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Contract Extension This amendment extends the contract through June 30, 2020. 2. Six Month Extension Award $25,500 ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN �ITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 2019. ,I i NTRACTOR MASON COUNTY k 'no c f4 " Mario Paredes I Kevin Shutty, Chair Consejo Counseling, Executive Director Mason County Board of County Commissioners 1 Contract Between Mason County and Behavioral Health Resources Professional Services Contract#BHR-2018.1 Amendment# 1 The purpose of this amendment is to extend the duration and increase the total award of the contract. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Contract Extension This amendment extends the contract through June 30, 2020. 2. Six Month Extension Award $25,500 ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the r' _day of2019. CONTRACTOR MASON COUNTY '''Lauren Farmer Kevin Shutty, Chair Community Youth & Family Director Mason County Board of County Commissioners 1 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda 0 Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: December 17, 2019 Agenda Item # (Commissioner Staff To Complete) Briefing Date: November 25, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on January 7, zozo at 9:15 a.m.to consider the expansion of the Shelton Urban Growth Area(UGA)and applied zoning(mix of commercial and industrial). BACKGROUND: On December 26, 201.7,the City of Shelton Commission adopted the City of Shelton Comprehensive Plan.This action included the subject expansion of the Shelton UGA. The City of Shelton released the DRAFT Environmental Impact Statement(DEIS)on February 2, 2017.The Final EIS(FEIS)was released on August 24, 2107.The adopted UGA expansion is not effective until such time as the County adopts the same. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on January 7, zozo at 9:15 a.m.to consider the Shelton UGA expansion and applied zoning. ATTACHMENT(S): Notice of Hearing 12/11/2019 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday,January 7, 2020, at 9:15 A.M. SAID HEARING will be to consider adopting the following amendments: • Rezone several adjacent parcels (8.66 acres total)from Village Commercial (VC) to Multifamily Medium Density Residential (R-2)within the Allyn Urban Growth Area (UGA). • Following the approval by the City of Shelton, Expand 600 acres into the Shelton Urban Growth Area (UGA) and rezone from Rural Lands to Shelton UGA (mix of Commercial and Industrial zones). If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 17th day of December 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal - Publish 2x: December 26, 2019 and January 2, 2020 (Bill: Community Development-615 W.Alder, Shelton, WA 98584) Clea � MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: December 17, 2019 Agenda Item # r] (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8068895-8069056 $ 392,929.73 Direct Deposit Fund Warrant #s 64181-64564 $ 762,594.05 Salary Clearing Fund Warrant #s 7004855-7004889 $ 1,003,142.46 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 26,724,894.36 Direct Deposit YTD Total $ 15,972,157.28 Salary Clearing YTD Total $ 16,901,409.14 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8068895-8069056 $ 392,929.73 Direct Deposit Fund Warrant #s 64181-64564 $ 762,594.05 Salary Clearing Fund Warrant #s 7004855-7004889 $ 1,003,142.46 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Amber Finlay, Presiding Judge Action Agenda x Daniel Goodell, Judge Public Hearing Monty Cobb Jude Other DEPARTMENT: Superior Court EXT: DATE: December 17, 2019 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: December 9, 2019 BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 2020 Court Commissioner Professional Services Agreement Background: Since 2001, the BOCC and Superior Court have entered into an annual court commissioner contract. The contract was with Richard Adamson until 2010 and has been with Robert Sauerlender since 2011. In 2012, the BOCC agreed to set the salary at 75% of a Superior Court Judge's salary, which is set by the Washington Citizens' Commission on Salaries for Elected Official; and in 2016, the BOCC agreed to increase the salary to 85% of a Superior Court Judge's salary. The proposed 2020 contract with Robert Sauerlender is for 37 hours per week (.925 FTE) with a salary of $153,587.28 and includes a scheduled increase by the Washington Citizens' Commission on Salaries in July. The compensation will be split between the Superior Court budget (.625 FTE), and the Therapeutic Courts budget (.3 FTE). The Superior Court portion includes a .125 FTE increase for work as an ITA Court Commissioner. Additional work over .925 FTE will be paid at the hourly rate. Budget Impacts: None. The above amount is included in the Superior Court and Therapeutic Courts 2020 budgets. RECOMMENDED ACTION: Approve the 2020 Court Commissioner Professional Services Agreement and return the original to Superior Court for our records. Attachment(s): Copy of Agreement. COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT This agreement is between Robert D. Sauerlender (Commissioner) , and Mason County Superior Court (Court) and Mason County (County) . The parties to this agreement, in consideration of the terms and conditions set out below, agree as follows : Section One - Appointment of Commissioner Pursuant to RCW 2 . 24 . 010, the Court hereby appoints Robert D. Sauerlender as Court Commissioner for a term beginning January 1, 2020 and ending December 31, 2020, and he hereby accepts such appointment and agrees to act as Court Commissioner pursuant to the terms and conditions set forth herein. Section Two - Responsibilities and Duties of Commissioner 1 . Pursuant to RCW 2 . 24 . 020, Commissioner shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the State of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability. 2 . Commissioner shall perform his or her duties under the direction of, and in accordance with the policies, procedures and timelines established by the Court . 3 . Commissioner' s work schedule shall be 37 hours per week ( . 925 FTE) , Monday through Friday during the hours of 8 : 00 a.m. to 5 : 00 p.m. , or as otherwise scheduled. 4 . Commissioner shall regularly preside over court dockets including but not limited to: Therapeutic Courts Involuntary Treatment Court Probate/Guardianship Domestic Relations Domestic Violence and Anti-harassment Ex parte COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 1 5 . During the hours established by the work schedule herein, Commissioner may also be required to perform other duties, such as, (1) hear and decide civil, domestic, probate, juvenile and/or adult criminal matters authorized by LCrR 4 . 2; (2) review requests for temporary orders in domestic violence petitions and other ex parte order requests; and (3) other matters as arranged by the Court . 6. Commissioner has successfully completed the Washington Judicial College and shall comply with Continuing Judicial Education requirements as set out in GR 26. Section Three - Compensation Pursuant to RCW 2 . 24 . 030, County agrees to pay Commissioner for the work set out in the schedule herein a salary at the rate of 850 of the salary of a Superior Court Judge as established by the Washington Citizens' Commission on Salaries for Elected Officials for . 925 FTE as follows : $12, 513 . 50 per month ($78 . 05 per hour) for January through June; $13, 082 . 88 per month ($81 . 60) for July through December; for a total annual salary of $153, 587 . 28 . Any work performed over and above the schedule set forth herein shall be compensated at the hourly rate. Section Four - Benefits/Deductions Commissioner shall be eligible for all benefits available to Mason County employees within Chapters 6 and 7 of the Mason County Personnel Policies. Commissioner shall receive the same insurance premium contribution as regular full-time employees. Deductions by County from Commissioner' s pay will include applicable taxes, an amount equal to an employee' s contribution for applicable benefits and other deductions required by federal and state law. Section Five - Integration Clause This agreement embodies the whole agreement between the parties . This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties . Section Six - Written Modification as Necessary There may be no modification of this agreement, except in writing, executed with the same formalities as this instrument . COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 2 Section Seven - Termination This agreement shall terminate immediately should Commissioner not be in good standing with the Washington State Bar Association. Additionally, Court or Commissioner may terminate this agreement for any reason upon thirty (30) days written notice delivered to the other party. Actual delivery by Commissioner of a written notice to terminate to the Presiding Judge will constitute notice. Signed this /P day of Signed this day of December, 2019 : December, 2019 : MASON COUNTY SUPERIOR BOARD OF COUNTY COMMISSIONERS ti AMB2FKrl. AY, Judge RANDY NEATHERLIN Commissioner District 1 DA EL L. GOO VIL, Judge" KEVIN SHUTTY Commissioner District 2 Jud e SHARON TRASK Commissioner District 3 �L Signed thisday of December, 2&:— 2 ROBERT D. §4ERLENDER Approved as to form: MASON COUNTY PROSECUTOR' S OFFICE By COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3 ACKNOWLEDGEMENT I, Robert D. Sauerlender, acknowledge receipt of a copy of Mason County' s Non-Discrimination and Harassment Policy (chapter 12 of the Personnel Policies) . I shall abide by this policy and that of state and federal laws that preclude discrimination on the basis of a person' s race, color, creed, religion, national origin, ethnicity, age, marital status, veteran' s status, sexual orientation, dis bility (known or perceived) . Signed: 2 , ROBE D. SAUERLENDER COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: December 17, 2019 Agenda Item # F./02 (Commissioner Staff To Complete) Briefing Date: November 25, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on January 7, 202o at 9:15 a.m.to consider rezone of several adjacent parcels from Village Commercial (VC)to Multifamily Medium Density Residential (R-2)within the Allyn Urban Growth Area (UGA). BACKGROLIND: This proposal has multiple applicants with several parcels totaling 8.66 acres.All property owners within the group of parcels is supportive of the rezone (downzone). Requests are considered an amendment to the Development Regulations and not a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on January 7, 202o at 9:15 a.m.to consider the rezone request. ATTACHMENT(S): Notice of Hearing 12/11/2019 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday,January 7, 2020, at 9:15 A.M. SAID HEARING will be to consider adopting the following amendments: • Rezone several adjacent parcels (8.66 acres total) from Village Commercial (VC) to Multifamily Medium Density Residential (R-2) within the Allyn Urban Growth Area (UGA). • Following the approval by the City of Shelton, Expand 600 acres into the Shelton Urban Growth Area (UGA) and rezone from Rural Lands to Shelton UGA (mix of Commercial and Industrial zones). If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 17th day of December 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal- Publish 2x: December 26, 2019 and January 2, 2020 (Bill: Community Development—615 W.Alder,Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: 532 COMMISSION MEETING DATE: December 17, 2019 Agenda Item (Continued from November 26 & December 10, 2019 (Commissioner staff to complete) Public Hearing) BRIEFING DATE: BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for collection in 2019. Background: Pursuant to RCW 84.52.070, the Commissioners must certify to the County Assessor the amount of taxes levied for county purposes and for each taxing district by adoption of a resolution by November 30. Recommended Action: 1) Resolution certifying levies to Assessor (due November 30) Move to adopt the resolution certifying to the County Assessor the property tax levies for collection in 2020. J:\Budget Adoption Info\2020\2020 Agenda Items&ResolutionsTublic Hearing Cover for Nov 26 hearing-certify levies-continued-l.doc A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE CURRENT EXPENSE LEVY FOR THE YEAR 2020 RESOLUTION NO. WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners shall fix the amount of the tax levies to be raised for Current Expense. IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2020 Budget for Mason County Current Expense,Refund Levy,Mental Health, and Veterans' Assistance Funds: CURRENT EXPENSE FUND $ 10,029,100.83 MENTAL HEALTH FUND $ 218,124.42 VETERANS' ASSISTANCE FUND $ 136,160.00 REGULAR CURRENT EXPENSE LEVY $ 10,383,385.25 REFUND LEVY $ 0.00 TOTAL AMOUNT TO LEVY 2020 $ 10,383,385.25 This resolution reserves unutilized levy for banked capacity.The current banked capacity reserved for the year 2020 is$0. ADOPTED this day of 2019. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Chairperson Terri Drexler,Commissioner Kevin Shutty,Commissioner ATTEST: Melissa Drewry,Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecuting Attorney A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE ROAD LEVY FOR THE YEAR 2020 RESOLUTION NO. WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners shall fix the amount of the tax levies to be raised for Road Fund. IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2020 Budget for Mason County Refund Levy and Road Fund: ROAD FUND $ 8,956,428.15 DIVERSION OF ROAD LEVY $ 2,160,000.00 TOTAL ROAD LEVY $ 11,116,428.15 REFUND LEVY $ 0.00 TOTAL AMOUNT TO LEVY FOR 2020 $ 11,116,428.15 This resolution reserves unutilized levy for banked capacity.The current banked capacity reserved for the year 2020 is$0. ADOPTED this day of 2019. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty,Chairperson Randy Neatherlin,Commissioner Sharon Trask,Commissioner ATTEST: Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecuting Attorney RESOLUTION NO. A RESOLUTION CERTIFYING PROPERTY TAX LEVIES FOR COLLECTION IN 2020 WHEREAS, the Board of Mason County Commissioners must by law (RCW 84.52.070) certify to the Mason County Assessor the amount of taxes levied upon the property in the county for county purposes, and the respective amounts of taxes levied by the Board for each city, town and taxing district, within or coextensive with the County, for city, town or district purposes; and, NOW, THEREFORE, BE IT RESOLVED, by the Board of Mason County Commissioners that the attached schedule constitutes the levies for the county, cities and taxing districts on all taxable property in Mason County, Washington, as shown by the assessment rolls for the year 2020. BE IT FURTHER RESOLVED, that should the valuation of one or more districts change significantly, the County Assessor with permission of the taxing district, is hereby authorized to adjust the amount of taxes levied, upon written notification to the Mason County Board of Commissioners. 14 Dated this day of 202 . BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Sharon Trask, Commissioner 2020 MASON COUNTY LEVY CERTIFICATION REQUESTS (RCW's 84.52.020 & 84.52.070) Current Expense(CE) $ 10,029,100.83 General $ 2,123,600.65 Mental Health $ 218,124.42 Firemen's Pension $ - Veteran's Relief $ 136,160.00 EMS $ 324,234.85 Refund $ - Refund $ - Bond $ - Road Fund(General) $ 8,956,428.15 EM Road Diversion to CE $ 2,160,000.00 General $ 510,647.23 Refund $ IRefund $ - #1 $ 23,534.01 $ - $ �23,534,01 #1 $2,296,206.00 $ - $ 2,296,206.00 #2 $ 411,765.00 $ - $ 411,765.00 Port of Allyn $ 291,933.91 $ 291.51 $ - $ 292,225.42 Port of Dewatto $ 43,263.30 $ 165.26 $ - $ 43,428.56 Port of Grapeview $ 26,640.88 $ - $ 53,408.00 $ 80,048.88 Port of Hoodsport $ 97,498.00 $ 456.00 $ - $ 97,954.00 Port of Shelton $ 800,000.00 $ - $ - $ 800,000.00 *Joint District Southside No.42 $ 585,383.00 $ 285,000.00 $ - $ 112,681.00 $ 983,064.00 Grapeview No.54 $ 751,487.00 $ 800,000.00 $ - $ - $ 1,551,487.00 McCleary No.65* $ 800,000.00 $ 535,000.00 $ - $ - $ 1,335,000.00 Elma No.68/137* $ 2,514,435.00 $ - $ - $ - $ 2,514,435.00 Shelton No.309 $ 4,745,413.00 $6,100,000.00 $ - $ - $ 10,845,413.00 Mary M.Knight No.311* $ 505,862.00 $ - $ - $ - $ 505,862.00 Pioneer No.402 $ 2,641,258.00 $ 1,475,000.00 $ - $ 1,091,049.00 $ 5,207,307.00 North Mason No.403* $ 4,654,330.00 $ 2,100,000.00 $ 23,750.80 $ - $ 6,778,080.80 Hood Canal No.404 $ 1,363,969.00 $ 815,000.00 $ - $ 1,277,330.00 $ 3,456,299.00 #1 $ 131,000.00 $ 50,000.00 $ 823.71 $ - $ 181,823.71 #3 $ 422,362.00 $ 160,073.00 $ 2,000.00 $ - $ 584,435.00 #4 $ 1,019,374.48 $ 358,439.95 $ - $ - $ 1,377,814.43 #5 $ 3,237,025.72 $ 1,119,282.45 $ 4,541.63 $ - $ 4,360,849.80 #6 $ 585,000.00 $ 146,000.00 $ 1,636.00 $ - $ 732,636.00 NMRFA* $ 2,410,853.25 $ 833,068.44 $ 11,543.84 $ 584,000.00 $ 3,839,465.53 #11 $ 269,039.35 $ 92,566.26 $ - $ - $ 361,605.61 #12* $ 212,000.00 $ 68,000.00 $ 1,228.23 $ - $ 281,228.23 #13 $ 250,000.00 $ 95,000.00 $ 338.83 $ - $ 345,338.83 #16 $ 300,000.00 $ - $ 545.82 $ - $ 300,545.82 #17 $ 85,000.00 $ 41,000.00 $ - $ - $ 126,000.00 #18 $ 421,136.01 $ 76,311.69 $ - $ 86,505.02 $ 583,952.72 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom Action Agenda ...... Public Hearing X Other DEPARTMENT: Community Services EXT: _ 260_ COMMISSION MEETING DATE: 12/17/2019 Agenda Item# /0. Commissioner staff to complete BRIEFING DATE: 10/14/19 BRIEFING PRESENTED BY: Kris Nelsen [] ITEM WAS NOT PREVIOUSLY BRIEFEDWITH THE BOARD Please provide explanation of urgency: ITEM: Public hearing on December 10,2019toconsider updating Mason County's smoking policy in the Code of Ordinances Title 2 Administration and Personnel Chapter 2 with the addition of vaping free language to be included. Background: State recommendations to update smoking policies to include vaping free areas. RECOMMENDED ACTION: Approval of updates to Code of Ordinance Title 2 Chapter 2 and Chapter 9 Attachment(s): Mason County, Washington, Code of Ordinances Title 2 Chapter 2(Attachment A)and Chapter 9 (Attachment B). Track Changes (Attachment C) Mason County Board of Commissioners Ordinance No. ADOPTION OF REVISIONS TO MASON COUNTY CODE,CHAPTER 2.104 SMOKING POLICY,CHAPTER 9.44 COUNTY PARKS AND FAIRGROUNDS AND ORDINANCE NO.91-06. WHEREAS,the Centers for Disease Control(CDC)reports tobacco use is the leading preventable cause of death in the United States,causing an estimated 440,000 deaths each year,and WHEREAS,the Surgeon General reports secondhand smoke contains more than 50 cancer-causing chemicals,which contributes to an increased risk for lung cancer and heart disease in nonsmokers and an increased risk for sudden infant death syndrome(SIDS),respiratory problems,ear infections,and asthma attacks in children,and WHEREAS,on April 4,2006 the Mason County Board of Commissioners adopted the revised Clean Indoor Air Act,Chapter 70.160 RCW,by reference as Chapter 9.60 Clean Indoor Air Act Adopted in the Mason County Code,and WHEREAS,on September 24,2019 the Mason County Board of Health passed a recommendation to add vaping to smoking policies on county property and to revise definitions to clearly reflect current standards for tobacco smoking and vaping,NOW THEREFORE BE IT RESOLVED,the Mason County Board of Commissioners hereby adopts the revisions to Mason County Code,Chapter 2.104 Smoking Policy(Attachment A),Chapter 9.44 County Parks and Fairgrounds(Attachment B).Attachment C reflects the track changes made to the previously mentioned county codes. SIGNED this_day of ,2019 BOARD OF COUNTY COMMISSIONERS Kevin Shutty,Chair Randy Neatherlin,Commissioner Sharon Trask,Commissioner ATTEST: Melissa Drewry,Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Civil Deputy Prosecutor Attachment A Chapter 2.104 SMOKING POLICY 2.104.010 Non-smoking areas designated. 2.1 04.020 Public areas and county property defined. 2. 104.030 Posting of signs and removal of ashtrays. 2.104.040 Violation--Penalty. 2.104.050 Interpretation. 2.104.010 Non-smoking areas designated. (a)All public areas within buildings and vehicles owned or leased by the county are designated as smoking and vaping free areas. (b)All owned,leased,or operated county property is designated as smoking and vaping free areas. (Ord.91-06 Att.A(part),2006). (a) The term"smoking"will be defined in accordance with RCW Chapter 70.160 as(1)"Smoke"or"Smoking" means the carrying or smoking of any kind of lighted pipe,cigar,cigarette or any other lighted smoking equipment. (b) The term"vape"or"vaping"will be defined for the purpose of this chapter as inhaling or exhaling the vapor produced by any noncombustible product that may contain nicotine or a marijuana product and that employs a heating element,power source,electronic circuit,or other electronic,chemical,or mechanical means, regardless of shape or size,that can be used to produce vapor or aerosol from a solution or other substance including any electronic cigarette,electronic cigar,electronic cigarillo,electronic pipe,or similar product or device. 2.104.020 Public areas and county property defined. (a)The term"public areas"is defined for the purpose of this chapter,but not limited to:all hallways,conference rooms, elevators,restrooms,lobbies,stairwells,reception areas,and any other areas which are 1)open to the public or 2)areas which employees are required to pass through during the course of employment.(Ord.30-87§2, 1987;Ord.23-06§, 2006). (b)The term"county property"is defined as the grounds and parking lots surrounding county buildings(including a presumptively reasonable minimum distance of 25 feet from doors,windows that open,and ventilation intakes),the fairgrounds,and all county parks.County property does not include: (1)Private vehicles and residences unless otherwise required by individual or group contracts with the county; (2)County roads; (3)Any person passing by or through county property while on a public sidewalk or public right of way has not intentionally violated this chapter. (Ord.91-06 Att.A(part),2006). 2.104.030 Posting of signs and removal of ashtrays. The department of Facilities and Grounds shall post and maintain no-smoking and no-vaping signs in all public areas and county property as defined herein,and remove ashtrays from those public areas. (Ord.91-06 Att.A(part),2006). 2.104.040 Violation--Penalty. (a)Pursuant to RCW 70.160.070--Intentional Violators,any person intentionally violating this policy by smoking or vaping in a public place,place of employment,or within 25 feet of doors,windows that open and ventilation intakes or any person removing,defacing or destroying a sign required by this policy is subject to a civil fine of up to one hundred dollars($100).The county sheriff's department shall enforce this policy by issuing a notice of civil infraction to be assessed in the same manner as traffic infractions. (b)All county employees shall be encouraged to help educate the public about the non-smoking policy by reminding violators not to smoke or vape on the property and by adding the policy to all use agreements and event publications. Violators,who refuse to comply with the smoking and vaping policy,may be asked to leave the county property. (c)The appropriate department director or elected official shall be responsible for educating employees about the non- smoking and non-vaping policy and shall resolve intentional employee violations of the policy through disciplinary action. (Ord.91-06 Att.A(part),2006). 2.104.050 Interpretation. This chapter shall be interpreted in a manner that is consistent with RCW Chapter 70.160,Washington Clean Indoor Air Act,prohibiting smoking in all public places and places of employment. (Ord.91-06 Att.A(part),2006). Attachment B Chapter 9.44-COUNTY-OWNED REAL PROPERTY,INCLUDING PARKS AND PROPERTY HELD IN TRUST Footnotes: ---(2)--- Editor's note—Ord.No.79-19,Att.A,adopted Aug.20,2019,amended ch.9.44 and in so doing changed the title of said chapter,as set out herein. 9.44.010-Speed of motor vehicles. No person shall drive a motor vehicle within any county park,on owned real property,or property held in trust at a speed greater than is reasonable and prudent,having due regard for the traffic on,and the surface and width of the road,and in no event at a speed which endangers the safety of persons,property or wildlife: (1)Provided,however,that in no event shall a vehicle be driven at a speed greater than ten miles per hour in a park,county-owned real property or property held in trust,or areas of general public assemblage,or in parking lots; (2)And,provided further,that it shall be a misdemeanor to operate any motor vehicle in any planted area. (Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006). 9.44.020-Parking of motor vehicles,trailers,etc. (a)No operator of any automobile,trailer,camper or other vehicle,shall park such vehicle in any county park, county-owned real property,or property held in trust,except where the operator is using the area for a designated recreational purpose and the vehicle is parked in a designated parking area,or in another area with the permission of the manager or park supervisor. (b)No person shall park,leave standing or abandon a vehicle in any county park,county-owned real property,or property held in trust overnight or in a"no parking"zone,except with permission from a county manager/director or park supervisor. (c)Any unauthorized vehicle found parked in violation of subsections(a)or(b)of this section may be towed away at the owner's or operator's expense. (Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006). 9.44.030-Consumption of alcoholic beverages. Opening,possessing alcoholic beverage in an open container,or consuming any alcoholic beverages in any county park, on county-owned real property,or property held in trust shall be prohibited except in the following designated areas and under the following circumstances: (1)In any buildings leased or rented or in a designated signed area,wherein the lessee has obtained and displays the proper permits from the Washington State Liquor Control Board. (2)Park hosts are permitted to possess and consume alcoholic beverages inside their recreational vehicle or residence. (Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006). 9.44.040-Intoxication in county parks,county-owned real property or property held in trust. Being or remaining in,or loitering about in any county park area,on any county-owned real property,or property held in trust while in a state of intoxication shall be prohibited. (1)Park hosts shall not be intoxicated while performing their park host duties. (Ord.No.79-19,Aft.A,8-20-2019;Ord.91-06 Aft.B(part),2006). 9.44.041 -Tobacco and Vape free zone in county parks,owned real property,or property held in trust. All county property,including county parks,county-owned real property or property held in trust,shall be designated tobacco and vape free areas.County property does not include: (1)Private vehicles and residences unless otherwise required by individual or group contracts with the county; (2)County roads; (3)Any person passing by or through county property while on a public sidewalk or public right-of- way has not intentionally violated this chapter. (4)Park host-owned recreational vehicle. (Ord.No.79-19,Aft.A,8-20-2019;Ord.91-06 Att.B(part),2006). 9.44.042-No tobacco sales,advertising,sampling or sponsorship. (a)The sale of tobacco or vapor products,or tobacco or vapor related merchandise is prohibited on county- owned or leased property or during county sponsored events. (b)Advertising tobacco products is prohibited on county-owned or leased property or during county sponsored events. (c)Sampling(free distribution)of tobacco or vapor products,or tobacco or vapor related merchandise is prohibited on county-owned or leased property or during county sponsored events. (d)Tobacco or vape sponsorship(compensation or promotional items)is prohibited on county-owned or leased property or during county sponsored events. (Ord.No.79-19,Aft.A,8-20-2019;Ord.91-06 Aft.B(part),2006). 9.44.050-Parks,county-owned real property operation and property held in trust periods. The county shall establish for each county park areas,according to existing conditions,times and periods when it will be open(usually dawn)or closed(usually dusk)to the public.Such times and periods shall be posted at the entrance to the area affected and at the facility office.No person shall enter or be present in a county park area after closing time except with specific permission of the park manager,or a county parks employee.County-owned real property and property held in trust shall be closed before and after normal business hours,on weekends and holiday while county operations are closed. (Ord.No.79-19,Aft.A,8-20-2019;Ord.91-06 Aft.B(part),2006). 9.44.060-Fireworks—Restricted. a (a)No person shall possess,discharge,set off or cause to be discharged,in or into any county parks area, county-owned real property,or property held in trust,any firecrackers,torpedoes,rockets,fireworks,explosives or substance harmful to the life or safety of persons or property. (b)Provided,however,that fireworks may be permitted as a part of a professionally conducted display by competent,licensed,bonded pyro technicians,subject to the approval of the local fire district and the county fire marshal. (Ord.No.79-19,Aft.A,8-20-2019;Ord.91-06 Aft.B(part),2006). 9.44.070-Rubbish—Deposit in parks,county-owned real property or property held in trust—Prohibited. (a)No person shall leave,deposit,drop or scatter bottles,broken glass,ashes,waste paper,cans or other rubbish, in a county park area,on county-owned real property,or on property held in trust except in a garbage can or other receptacle designed for such purpose. (b)No person shall deposit any household or commercial garbage,refuse,waste or rubbish,which is brought as such from any private property,in any county park area,county-owned real property,or property held in trust garbage can designed for such purpose. (Ord.No.79-19,Aft.A,8-20-2019;Ord.91-06 Aft.B(part),2006). 9.44.080-Sanitation. No person shall,in any county park area,on county-owned real property or property held in trust: (1)Drain or dump refuse or waste from any trailer,camper,automobile or other vehicle,except in designated disposal areas or receptacles; (2)Clean fish or other food,or wash any clothing or other article for personal household use or any dog or other animal,except at designated areas; (3)Clean or wash any automobile or other vehicle; (4)Pollute,or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature,kind or description,including human or animal bodily waste,the soil,any stream,river, lake or other body of water running in,or adjacent to,any county park area,county-owned real property,or property held in trust. (Ord.No.79-19,Aft.A,8-20-2019;Ord.91-06 Aft.B(part),2006). 9.44.090-Firearms and/or other weapons. No person shall possess a firearm with a cartridge in any portion of the mechanism within any county park area,on county-owned real property or property held in trust,nor shall any person discharge or propel across,in or into any county park area,county-owned real property,or property held in trust,a firearm,bow and arrow,spear,spear gun,harpoon or air or gas weapon,or any device capable of injuring or killing any person or animal,or damaging or destroying any public or private property,except where the county for good cause has authorized a special recreational activity upon finding that it is not inconsistent with county parks,county-owned real property,or property held in trust use. (Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Aft.B(part),2006). 9.44.100-Dogs on leashes—Horses. (a)No person shall bring a dog into any county park,county-owned real property,or property held in trust unless the dog is controlled by means of a hand-held leash no longer than six feet.The dog must not be tied and abandoned,but must be at all times under the personal control of the person bringing it to the county parks, county-owned real property,or property held in trust.Provided,however,with the exception of service animals (dogs)for the handicapped. (b)Provided further,no person shall bring a horse into county park areas,county-owned real property,or property held in trust except those areas specifically developed and posted for horse use.Provided,however,with the exception of service animals(miniature horse)for the handicapped. (Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006). 9.44.110-Violation—Penalties. (a)All county employees shall be encouraged to help educate the public about the tobacco and vape free zone policies in this chapter by reminding violators not to use tobacco or vape products on the property and by adding the guidelines to all use agreements and event publications.Violators,who refuse to comply with the tobacco and vape free zone policies,may be asked to leave the county park,county-owned real property,or property held in trust area. (b)In addition to the penalty provided in any other existing or future ordinance of the county,failure to comply with this chapter,or any other rule or regulation of the county parks,county-owned real property,property held in trust or with any other federal,state,or local law,rule,regulation applicable under the circumstances,shall subject the person so failing to comply to ejection from any county park area,county-owned real property,or property held in trust shall be guilty of a misdemeanor trespassing in the second degree(RCW 9A.52.080). (Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006). Attachment C Mason County,Washington,Code of Ordinances»Title 2-ADMINISTRATION AND PERSONNEL>>Chapter 2.104 -SMOKING POLICY*>> i Chapter 2.104-SMOKING POLICY* Sections: 2.104.010-Nonsmoking areas designated. 2.104.020-Public areas and county property defined. 2.104.030-Posting of signs and removal of ashtrays. 2.104.040-Violation—Penalty. 2.104.050-Interpretation. ,✓ 2.104.010-Nonsmoking areas designated. 7 (a) All public areas within buildings and vehicles owned or leased by the county are designated as neasmoking and vaping free areas. (b) All owned,leased,or operated county property is designated as nemmoking and vaping fi�areas. ~-- Formatted:Indent:Left: 0" (Ord.91-06 Att.A(part),2006). 2.104.020-Public areas and county property defined. (a) The term"public areas"is defined for the purpose of this chapter,but not limited to:all hallways, conference rooms,elevators,restrooms,lobbies,stairwells,reception areas,and any other areas which are:(1)open to the public,or(2)areas which employees are required to pass through during the course of employment. (b) The term"county property"is defined as the grounds and parking lots surrounding county buildings (including a presumptively reasonable minimum distance of twenty-five feet from doors,windows that open,and ventilation intakes),the fairgrounds,and all county parks.County property does not include: (1) Private vehicles and residences unless otherwise required by individual or group contracts with the county; (2) County roads; (3) This chapter shall be interpreted in a manner that is consistent with RCW Chapter 70.160,Washington Clean Indoor Air Act,prohibiting smoking in all public places and places of employment. (Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006). 9.44.042-No tobacco sales,advertising,sampling or sponsorship. (a)The sale of tobacco•verse.or tobacco or vane related merchandise is prohibited on county-owned or leased property or during county sponsored events. (b)Advertising tobacco ro vaoe products is prohibited on county-owned or leased property or during county sponsored events. (c)Sampling(free distribution)'of tobacco•vane.or tobacco or vane related merchandise is prohibited on county- owned or leased property or during county sponsored events. (d)Tobacco or vace sponsorship(compensation or promotional items)is prohibited on county-owned or leased property or during county sponsored events. MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services Ext: 286 Date: December 17, 2019 Agenda Item #/O,3 (Commissioner Staff To Com let.) Briefing Date: November 18, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing December 17, zoig at 9:15 a.m.to consider amendments to Mason County Code(MCC)Title 17—Zoning: Section 17.23.020, Festival Retail (FR) District in the Belfair Urban Growth Area (UGA) BACKGROUND: Mason County Planning Staff proposed an amendment to the Mason County Code Title 17 (Development Regulations), Section 17.23.020, adding "Residential units at a minimum density of four units per acre" as an allowed use in the Festival Retail (FR) District of the Belfair Urban Growth Area (UGA). At the October 21, 2019 Planning Advisory Commission (PAC) meeting,the PAC voted to recommend amending the proposal to strike "...on upper floors" following "Multifamily dwelling units" and not adopt the staff proposal. Currently, the FR zone for the Belfair UGA allows "Multi-family dwelling units on upper floors" as the only allowed residential development. Staff's proposal to allow residential units (of any type) without the restriction to upper floors gives greater flexibility to provide housing in Belfair. PAC's proposal to strike "...on upper floors", but not adding "Residential units at a minimum density of four units per acre" continues to allow "Multifamily dwelling units", which is four attached dwellings or more but without the restriction of being on an upper floor. RECOMMENDED ACTION: BOCC shall review, take public testimony and discuss the proposed amendments to the FR zone and approve the amendments for adoption. 12/10/2019 ATTACHMENT(S): • Title 17, Section 17.23.020 with markup • Map of the FR Zone in Belfair UGA • Ordinance • Public submittal of Belfair UGA comp plan with mark-up 12/10/2019 ATTACH M ENT A 17.23.010-"FR" Festival retail distrioct—Purpose. The primary purpose of the festival retail district is to combine business, cultural and civic activities into a cohesive community focal point which promotes pedestrian usage. Locations generally are areas not significantly impacted by critical areas and slopes.The district encourages pedestrian- oriented uses such as retail trade uses (excluding certain types of auto-oriented uses), eating and drinking places, hotels and motels, personal service uses, civic and educational uses, and special events (including a farmers' market). Professional offices and residential uses are permitted on upper floors to add vitality to the area and support businesses. Building heights are limited to four stories, but can go up to five stories in the downtown area if the development provides substantial pedestrian-oriented space. Overall commercial and residential densities are limited by height limits, parking requirements, site constraints, market conditions, and design guidelines. Design guidelines encourage pedestrian-oriented site and building design, good pedestrian and vehicular access, pedestrian amenities and open space, parking lot landscaping, and the integration of developments with the natural environment. Outdoor spaces within these areas should function as social settings for a variety of experiences, adding to the comfort and complexity of life in a village center environment, while maintaining a human scale and an ability for easy pedestrian circulation. 17.23.020-Allowed uses. Uses allowed in the FR district shall be as follows: (1) Alcoholic beverage sales: package stores and wine shops; (2) Antique shops; (3) Appliance and communication equipment repair shop and/or sales; (4) Art galleries and artist studios; (5) Art and craft supplies, retail; (6) Bakeries, with on-site sales; (7) Bars and taverns other than those associated with full menu food service; (8) Bicycle shops; (9) Book stores; (10) Banks and financial institutions; (11) Barber and beauty shops; (12) Commercial child care centers; (13) Clothing sales and rentals and shoe stores; (14) Delicatessens; (15) Dry cleaners and laundries not including laundromats; (16) Fabric and yard goods stores; (17) Florists; (18) Food specialty shops, including: baked goods, meats, health foods, candies; (19) Furniture stores under fifty thousand square feet; ATTACHMENT A (20) Grocery stores under fifty thousand square feet; (21) Hotels/motels as long as rooms are on upper floors; (22) Household specialty shops, including: plumbing, lighting, heating/cooling; (23) Hardware stores under fifty thousand square feet; (24) Hobby shops; (25) Jewelry stores; (26) Locksmiths; (27) Medical offices,excluding clinics,on upper floors; (28) Multi-family dwelling units on upper floees; (29) Music stores, recordings and instruments; (30) Paint and glass shops; (31) Pharmacies, dispensing; (32) Photographic studios; (33) Printing shops, publishing and reproduction; (34) Professional offices on upper floors; (35) Radio and television broadcasting stations; Residential it t density f feuF R;t (W) 37 Restaurants, cafes and food stands; (4) 38 Retail shops not otherwise named which are under five thousand square feet; (39) 39 Second hand stores and pawn shops; 49440 Sporting goods stores; (40)L41)_ Stationary and office supply stores; 41442 Theaters, live stage; (44) 43 Theaters, motion picture; (43444 Vehicle parts stores. Mason County WA GIS Web Map N j UWA da 1. q d. t a, R�. V 12/10/2019, 336:45 PM 1:2,718 0 0.02 0.04 0.09 mi 13 County Boundary ® General Commercial 0 0.04 0.07 0.14 km 1:1Tax Parcels(Zoom in to 1:30,000) LJ General Commercial&Business Industrial Belfair Zoning ❑ Long Term Agricultural ® Low Density Residential Mixed Use Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus ❑ Business Industrial DS,USDA,USGS,AeroGRID,IGN,and the GIS User Community Single Family Residential Festival Retail Mason County WA GIS Web Map Application Richard Diaz I Earthstar Geographics I ORDINANCE NUMBER AMENDMENTTO MASON COUNTY CODE TITLE 17 ORDINANCE amending Mason County Code Title 17 Chapter 17.23, Section 17.23.020 - Permitted Uses in the Festival Retail (FR) district in the Belfair Urban Growth Area (UGA). WHEREAS, under the authority of the Washington State Growth Management Act (GMA) (RCW 36.70A) Mason County is taking legislative action to revise its development regulations; and WHEREAS,the FR zone forthe Belfair UGA allows"Multi-Family dwelling units on upper floors" as the only allowed residential development; and WHEREAS, Mason County wants to encourage residential development as much as possible by removing the restriction of residential development on upper floors; and WHEREAS, on October 21, 2019 the Mason County Planning Advisory Commission (PAC) held a public hearing to consider the amendment as proposed by staff and passed a motion to recommend approval of an amendment as revised by the PAC; and WHEREAS, the Board of County Commissioners considered the Staff Report and recommendations of the Mason County PAC; took public testimony from interested parties, considered all the written and oral arguments and comments presented at a duly advertised public hearing on December 17, 2019; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 17, Section 17.23.020 complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 17, Section 17.23.020 as described in Attachment A. DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner z C 'Mason County Planning Advisory ComrWtt Bob Sund, Wendy Ervin, Tim Wing, Bill Dewey, Diane Edgin, Steve Clayton, Mark Drain, Terri Jefferys Belfair Sub-Area Planning Committee 2 - -rtan Peterson, o- air Bob Fink, Co-Chair Jack Johnson, Dan Teeters, Ken VanBuskirk, Fran Abbott, Valerie McLeod, Lee Swoboda, David Overton, Brigmon Lohman, Peter Merrill, Jr., Steve Clayton, Robert Hager, Jacy Griffin, Harry Martin, Margie Kaiser, Judy Scott, Brian Davis, Charlie Benton, Brian McLellan, Dan Hannafious, Mark Flatau, Tim Wing, Fred Barrett, Jack Nicklaus, Mike Boyle, and Catherine Ann Wolf Washington Depa men o ommunity, Trad�an,_. Economic Develo ment Mason County, Washington Port of Allyn LCNorth Mason Chamber of Commerce onsultan ECTURE AND URBAN DESIGN John Owen Bob Bengford Thanasom Kamolratanayothin Janis Ford ECONORTHWEST Chris Mefford HEFFRON TRANSPORTATION y Marni Heffron Laura Van Dyke MACLEOD RECKORD Tent'Reckord Plan Overview Vision The community's vision for Belfair's future begins with a feeling for the land. This feeling is reflected not only by an appreciation for the area's scenic natural setting,precious water resources, and diverse wildlife habitats,but also by the knowledge that the land is an important human resource. Care for the land is critical to the community's economic health and long-term sustainability. For this reason,the plan emphasizes measures to protect local streams and wetlands, locates growth where conditions are most suitable, includes sustainable development standards, and takes greatest advantage of the area's assets as an attraction to visitors and an amenity for residents and workers. Economic vitality is a second critical community goal. For Belfair to grow and prosper, local jobs must accompany residential growth,and the economy must diversify to include industrial, professional and service,and tourist-based businesses. To this end,the plan includes three separate concentrations of commercial activity,each appealing to a different economic sector. Additionally, recommendations for development standards, design guidelines, and public works focus on supporting new development that is compatible with Belfair's unique assets and economic potentials. A two-phased approach to highway improvements will assist the downtown core in the short term and allow larger, diverse growth in the plateau over time, as well as address critical near-and long-term transportation challenges. Finally,participants in this planning process have expressed a desire for a more cohesive community with a more integrated, positive identity. This means enhancing the area's visual quality. It means ensuring that new buildings are friendly in their design and planning new residential development to create neighborhoods, not just housing. It means providing the pedestrian and bicycle routes so that people can use loca usinesses and enjoy the community amenities without having to get in their cars. It also means protecting green belts of trees so that the area retains its"community in a forest"character. These are the issues toward which many of the design and park and open space recommendations are directed. The community's vision is not a passive one. It cannot be attained without a lot of hard work and cooperative effort. But the raw materials are there to make this vision a reality. The area will grow over time,and this growth can be shaped so that the whole community will benefit. The sewer line and improvements to SR-3 will give the central part of the community opportunities it has not had in the past, and the Salmon Center, library,and clinic will help to activate the south part of the UGA. The challenge is to make the most of this opportunity in time. And in the long term,the community's potential is even more dramatic. Positive, cooperative master planning of the lands on the plateau early can reap big rewards for the ' participants. 9 BELFAIR URBAN GROWTH AREA PLAN Entering the downtown, our visitor is surprised to see a number of multi-story residences surrounding a small but lively shopping area. The new residential neighborhood that has grown up around the old core provides a lot of people and activity. Some of the old landmarks are still there, in many cases spruced up to fit with the newer development. She notices that it is easy to walk around the downtown, small pathways providing easy access to inviting shops, cafes, professional services,and studios. The little plaza in the center with the outdoor seating is just the place to meet a friend for a cup of coffee. Right across the highway,the Saturday flea market is really hopping. There seem to be people from all over looking for treasures. Maybe she should stop and look for that old Johnny Cash record she needs for her collection. But she decides that, if she wants to visit the whole community, she'd better see what's happened on the plateau. Mixed use development to the Multi-family Residential north on old Belfair Highway /- Pedestrian otmixed use (typical southth of f the access road) Park Centralized plaza space Access street to organize area and improve circulation "Keystone"buildings that create a distinct character at intersections Streetscape Improvements Coordinated parking lots for greater efficiency .00 Stream protection measures Intersection improvements with crosswalk Park and community market Illustration of Downtown Planning Objectives Figure 10. Illustrating the downtown area planning objectives. 12 Specific Recommendations Land Use and Community Design Recommendations Zoning regulations and design standards will be a critical tool in implementing the community's design objectives. Five different land use designations are proposed and sited to concentrate development in the three commercial nodes, allow for residential development to accommodate projected growth, and protect sensitive natural areas. These designations include: • Festival Retail—intended for the downtown core and focal point of pedestrian activity in the Belfair area. The designation promotes small scale retail uses and eating and drinking places with office and residential uses on upper floors. • Mixed-Use—intended to provide for a wide variety of uses along much of the SR-3 corridor and other areas. • General Commercial—intended to provide for the full range of commercial uses to serve Belfair and the surrounding region. • Business-Industrial—intended to provide for employment growth in the Belfair area by encouraging manufacturing, wholesale trade, and office uses. • Residential—intended to provide opportunities for residential development within the Urban Growth Area. Includes subdesignations of R-4,R-5, and R-10 (numbers referring to the average number of units allowed per acre. Regulations provide flexibility by encouraging clustering of development on the sites that can best support development. The chart on the following page identifies the difference between the zones, while the map on page 19 identifies the locations of each designation. Recommendations for each of the districts including specific lists of permitted uses, density, and development standards are attached in Appendix 1. 17 BELFAIR URBAN GROWTH AREA PLAN Table 1. Comparison of Zoning Designations Proposed Zones Use(see descriptions Festival General Mixed-Use Business Residential on thefollowingpage) Retail Commercial (MU) Industrial (114,R-5,R-10) and Key Provisions 11M GC BI STREET LEVEL USES* Pedestrian Retail a General Commercial Office Residential Industrial/ Manufacturing/ Wholesale (all floors) (all floors) UPPER • •R Pedestrian Retail General Commercial Office Residential DENSITY "PROVISIONS AND KEY DESIGN STANDARDS* Height limit 3-5 stories 3 stories 3-5 stories 3 stories 3-4 stories Residential 10 for R-10 No specified Nospecified density limit Not permitted lliiNot permitted 5 for R-5 (units/acre) 4 for R-4 Front yard landscaping 0-81 0-30' 0-30' 30-60' 10-30' area* 7 = Permitted use, `7=Permitted only in the GC-BI Overlay Area; No Symbol=Use not permitted * = See Appendix 1:Belfair Development Regulations for details Description of Uses • Pedestrian Retail—Small scale retail trade uses(excluding auto-oriented uses),eating and drinking places, hotels and motels,personal service uses. • General Commercial—The full range of commercial uses including retail trade and shops,eating and drinking places,hotels and motels,auto-oriented uses,finance,insurance,and real estate uses,and service uses. • Office—Professional office. • Residential—Multi-family and/or single family residential uses. • Industrial/Manufacturing/Wholesale—Manufacturing,assembling,warehousing,repairing,fabricating,and processing. 18 LU-1: Create the Festival Retail(FR)Land Use Designation Purpose: The primary purpose of the Festival MU Retail designation is to combine business, cultural, civic, and residential activities into a cohesive community focal point which L# "- promotes pedestrian actvity. The district -'� � f ''< ' s,0� encourages small scale retail trade uses "��'�'^ (excluding auto-oriented uses), eating and drinking places, hotels and motels,personal I service uses, civic and educational uses, and •�••� special events(including a farmers' market). Professional offices and residential uses are —10 permitted on upper floors to add vitality to the area and support businesses. Proposed Figure 14. FR Land Use Designation. development regulations are intended to promote pedestrian-oriented facades,walkways between developments, landscaping to buffer parking areas and add interest, and building standards to encourage quality and human scale buildings. Location: Centered around the central triangle area in downtown. Permitted Uses: Small scale retail trade uses(excluding auto-oriented uses), eating and drinking places,hotels and motels,personal service uses, civic and educational uses. Professional offices and residential uses are permitted on upper floors. Height Limits and Density: Building heights are generally limited to four-stories. However, five story buildings may be allowed if they provide a centralized pedestrian plaza space per design standards. Overall densities are limited by height limits, parking, site constraints, and design standards. Design Standards: Design standards will be critical to encourage pedestrian-oriented site and building design, good pedestrian and vehicular access,pedestrian amenities and open space, parking lot landscaping,and the integration of developments with the natural environment. Outdoor spaces within these areas should function as social settings for a variety of experiences, adding to the comfort and complexity of life in an village center environment,while maintaining a human scale and an ability for easy pedestrian circulation. r{ }mss tL� '.��;__ -- •� Figure 15. Development examples consistent with the vision for the Festival Retail area. 20 Ile aclww �s T-2: Provide safety improvements at the SR-3/SR-106 intersection. Install a permanent traffic signal. Consider consolidating southbound"wye" into main intersection to slow traffic. Construct median to offset from northbound left-turn lane. Funding from the County may be available in conjunction with temporary lighting due to scheduled 2006 Hood Canal Bridge construction. T-3: Provide safety improvements at the SR-3/SR-300 intersection. Prohibit eastbound left turn from SR-300 to SR-3 by installing a center median. Since this is primarily a safety improvement, it will likely be eligible for WSDOT funding. T-4: Provide traffic calming and entry improvements along SR-3- Install center landscaped medians on SR-3 north of Cokelet Lane and south of SR-106 and at other locations. T-5: Truck access improvements along SR-3 on the plateau. Review major truck access points to determine if additional acceleration lanes and/or traffic signals could improve truck access onto SR-3. Alternative North-South Route(Bypass) T-6: Develop an alternative north/south bypass route on the plateau. Continue to pursue an alternate route to SR-3 on the plateau to the east. This will relieve traffic congestion on SR-3 through Belfair and accommodate new development. Provide one lane in each direction together with necessary turn lanes, center median, bicycle access, landscaping, and sidewalks. O r Transportation Improvements T-7: Signalize the Clifton Lane/Old Belfair Highway intersection. Install a traffic signal at this intersection when warranted.Include pedestrian sidewalks and signals on all four legs of the intersection. T-8: Provide Old Belfair Highway(Main Street)improvements between SR-3 and Clifton Lane. Install sidewalks and landscaping along the street edge. Consider landscape median treatments at key locations where they would not affect access to adjacent businesses. Consider mid-block pedestrian crosswalk. T-9: Develop local access roads in conjunction with new development. As new development occurs along the SR-3 corridor, encourage developers to construct local access roads to the side or behind properties to enhance circulation. This action also applies towards connecting existing roads,where possible. Access easements to adjacent properties should be required to provide continuity in the local access roadway network. Pedestrian access(walkway or sidewalk).should be provided along the side of the roadway closest to buildings. 30 .�At'S�ksP P-1: Expand stream corridor,wetlands,and critical areas protection. The preliminary zoning recommendations call for lower densities in most of these areas. Maintain and enforce the current critical areas ordinance. Proposed regulations and design guidelines also encourage clustering of development to protect these resources. See Water Quality Recommendations below for additional measures to protect water quality and stream integrity. Create a centralized plaza space within the proposed Festival Retail Zone downtown. The plaza would the focal point of social, cultural,and civic activities in Belfair. The plaza should be design and sized large enough to hold the local farmers market. The plaza should be relatively informal in its design and feature festival retail uses, space for outdoor dining and socializing,pedestrian amenities,and landscaping features. Proposed design guidelines address attractive pedestrian connections within the core. P-3: Develop a park near downtown. One possible location for the park is on the east side of SR-3 near the Old Belfair Highway intersection. This site could be assembled from underused County property and donated land. It would be a good location for a farmers market and other civic activities benefiting from highway exposure and a central location. Incorporate a farmers market at the site. The park should be clearly visible from the street and contain sufficient parking. Improved crosswalks should be installed to connect this site to the downtown core. See Recommendation T-3. P-4: Develop parks in conjunction with new residential development on the plateau. New residential development should include smaller neighborhood parks. The area also provides the best opportunity for a larger park towards the northern end of the plateau to serve the north Mason County region. The larger park should include active uses, such as ballfields,that draw from the greater Belfair area. P-5: Expand the system of trails associated with the Theler Wetlands. The existing trail system should be extended and a new trail added along the eastern fringe of the wetlands area paralleling SR-3 and connecting the Salmon Center with future corridor developments,the downtown area,and the proposed downtown park. (See P-4.) P-6: Install a trail/bikeway system along SR-3. Provisions for pedestrian and bicycle travel are important for both local and regional circulation. Part of the SR-3 widening to three lanes in the south should include, at a minimum, sidewalks and widened shoulders for bicycles. Pedestrian/bicycle trails should be added to SR-3 sections that already feature three lanes wherever there is sufficient right-of-way. 33 BELFAIR URBAN GROWTH AREA PLAN Appendices 1. Belfair Economic Analysis 2. Additional Environmental Features BELFAIR URBAN GROWTH AREA PLAN