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2020/09/28 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF September 28, 2020 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. $off co� . I854 �r MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lisa Frazier DEPARTMENT: Treasurer EXT: 484 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Commissioner Briefing by Finance Committee Chair— Lisa Frazier County Debt Refinancing Options EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The County Finance Committee met September 14th and reviewed the responses received from the recent RFP to banks interested in refinancing our outstanding debt. While no one bank met all of our needs, there are three banks interested in refinancing some portion of our county debt. The Finance Committee moved to bring the information forward to the Board for consideration. Scott Bauer with NW Municipal Advisors will review the options and timeline with the Board. BUDGET IMPACT: Depending on the timing could reduce debt payments due December 1st, 2020. Long term savings on outstanding debt payments into the future. PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings,etc.) None RECOMMENDED OR REQUESTED ACTION: Not sure, if Board wishes to proceed with the proposal as briefed today then a formal Resolution would need to be adopted at the next available Board Meeting October 6th or 20th. Short turn around time to get resolution done before October 6th, but could be done. Lisa will work with Bond Counsel on this. ATTACHMENTS: Finance Committee— Refunding County, Belfair and Rustlewood Debt presentation from 9/14/20. l Briefing Summary 9/16/2020 i 4� Mason County, Washington Finance.Committee: Refunding County,Belfair,and;Rustlewood Debt September 14, 2020 NORTHWEST MUNICIPAL ADVISORS � l Current Bond Market • Interest rates continue at near historical lows • The charts below show an index of 20 well-rated general obligation bonds Bond Buyer 20-Bond GO Index Bond Buyer 20-Bond GO Index 1990 to Present September 2017 to Present 8.00 4.80 7.00 4.30 AA 6.00 3.80 5.00 m 3.30 m 4.00 Y } 2.80 ON 3.00 2.30 2.00 1.80 1.00 ti ti ti ti ti ti ti ti ti ti ti ti ti 0.00 o .irymaLn �pn000i o .irgmvLnWr- goa) q .gr4m Ln r� oorno b 0t �J V V t�ac �J 0 0 Aac 0M1QM1OM MM 0M1 MCI 0MM MM 0000000 0000000 0000000 eel Cr � C' te� N N N N N N N N N N N N N N N N N N N N N CAP, Qe �eQe� leeF 40 Qe ' te r� NORTHWEST 2 MUNICIPAL ADVISORS Outstanding LTGO Debt • Current outstanding LTGO Debt — Highlighted debt discussed herein LTGO Bonds Par Outsta4rut Callable Par Final Mat. Coupon Range Call Date ----W --•--- -- -- LTGO Bonds,'2a08 ---- — - $- 1,895,0D0 $ 1,895,000 12/1/2027 3,fi0% - 3.875%. 6/1/2018 ,LTGO Bonds,2008A(Rustlewood 92-3) 716,437 716,417 7/1/2048 4.125% 4.125% Anytime TTGO Bonds,2009B(Rustlewood 92-S). 464,402 464,402 1/1/2049 4,37S% - 4375% Anytime !LTGO Bonds,2011(Belfair) 3,425,000 3,160,000 12/1/2030 2.75% - 3S0% 6/1/202T - 0% - LTGO 2013 B(Qualified Energy Conservation)(1) 1,170,600 94S,000 12/1/2033 3.29% S,72% 6/1/2023 LTGO Ref,Bonds,2016(Ref,07 LOCAL) 6,565,000 - 6/1/2027 5.00% - 5.00% No Call LTGO Bonds,2016B(LOCAL) 93,703 - 6/1/2021 5.00% No Call LTGO Bonds,2017(NBCI Refunding) 4,185,000 4.185,000 12/1/2042 3.00% - 4_._00_%_ 12_/1/2027 LTGO Bond,2019(Olsen Bldg) 515,'462 S15,462 2/1/2024 4.50% Anytime? Total LTGO Bonds Debt $ 19,030,004 $ 11,881,301 $2,500,000 $2,000,000 $1,500,000 - $1,000,000 $500,0D0 $- ry�ryO1- 11ry'Lryry0ryPryry1ry�ory1ry1ryry�30ryry� ry�3'8ry�.�aryO3hryryory1ry�30ryO.�oiry�pOry�ry�'Lry�'�ry�bry�hry�0ry1p 1p e ■LTGO Bonds,2017(NBC[Refunding) a LTGO Bonds,2008 ■LTGO Bonds,2008A(Rustlewood 92-3) ®LTGO Bonds,2008E(Rustlewood 92-5) ■LTGO Bonds,2011(Belfair) i LTGO 2013 B(Qualified Energy Conservation)(1) ■LTGO Ref.Bonds,2016(Ref.07 LOCAL) a LTGO Bonds,2016E(LOCAL) ■LTGO Bond,2019(Olsen Bldg) (1)Debt service is shown net of federal subsidy. 3 NORTHWEST MUNICIPAL ADVISORS Outstanding Loans • Current outstanding Loans — Highlighted debt discussed herein State Loan Debt Par Outstanding Final Mat. Coupon Purpose DOE 2002(1-0000021) $ 938,474 3/1/2022 0.00% NBCI Wastewater Construction DOE 2007(1-0400005) 152,262 9/20/2027 1.50% Belfair Wastewater Collection System Design DOE 2010(LO800017) 1,851,238 12/31/2629 3.10% Belfair Wastewater Collection System Construction DOE 2013A(1-1000026) 2,899,049 12/31/2032 2.80% Belfair Wastewater DOE Loan DOE 2013B(1-1100013) 816,901 12/31/2032 2.80% Belfair Wastewater Reclamation DOE 2014(1-3200025) 116,105 12/31/2033 2.60% Belfair Wastewater Reclamation Total State Loan Debt $ 6,774,028 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 RE R-W $200,000 ■DOE 2002(L0000021) ■DOE 2007(1-0400005) M DOE 2010(L0800017) ■DOE 2013A(L1000026) ®DOE 2013B(L1100013) ®DOE 2014(L1200025) 4 NORTHWEST MUNICIPAL ADVISORS Prior Meeting Summary • Before the last meeting, we reached out to a number of banks for indicative interest rates — We compared the estimated savings of refunding the debt with a public bond issue or a direct placement • The table below shows the estimated savings of both options, grouped by County bonds, Belfair, and Rustlewood Est.Bonds Est.Bonds A Bank A County(2008 LTGO and 2019 LTGO,Bonds) _ 195,562 8.42% 165,570 7.13% Belfair(5 DOE Loans and 2011 LTGO Bonds(Advance Refunding)) 509,368+— 5.80% g538,420TT 6.13% _.. Rustlewood(2008A and 2008E LTGO Bonds) 285,217 24.56% 302,335 26.03% Total NPV Savings $ 990,147 8.07% $1,006,325 8.21% (1)PV to 9/2/2020 at 1.59%. • The Finance Committee decided to pursue a direct placement with commercial-type banks 5 NORTHWEST MUNICIPAL ADVISORS Since Last Meeting • Developed a request for financing proposals (RFP) to refinance: — Belfair: Up to 5 Department of Ecology Loans • Based on the results, we'll likely exclude 1-2 of the loans since they produce little to no savings — Rustlewood: Refund 2 USDA Loans, which have a long final maturity of 2048 — County Loans: Refund 2 County Loans — Belfair: Refund the 2011 Bonds on a tax-exempt basis, which are callable June 1, 2021 • Bond Counsel put together a draft Bond Resolution that we sent along with the RFP • We sent the RFP to thirteen banks NORTHWEST MUNICIPAL ADVISORS Bank Responses • We received responses from five banks — No single bank provided everything we are looking for • The following savings estimates are based on combining proposals from three banks to takeout all of the loans — Bank 1: Refinance the 2 County Bonds and 3 Department of Ecology Loans (Belfair) • Prepayable after 2025 — Bank 2: Refinance the 2 Rustlewood Loans • Prepayable before 2025 with 1%penalty; no penalty after 2025 — Bank 3: Refinance the 12011 LTGO Bond (Belfair) • The bank would lock-in the tax-exempt interest rate now and wait to fund until the call date of the 2011 LTGO Bonds (June 1, 2011) • Prepayable at any time Issue NPV Savings$ NPV Savings V. County(2008 LTGO and 2019 LTGO Bonds) $ 125,761 5.44% Belfair(3 DOE Loans and 2011 LTGO Bonds(Advance Refunding)) 496,409 5.82% Rustlewood(2008A and 2008B LTGO Bonds) 203,211 17.50% Total NPV Savings $ 825,381 6.88% NORTHWEST MUNICIPAL ADVISORS County Savings Summary • Refunds the 2008 and 2019 LTGO Bonds Current Debt New Debt Calendar Service Savings Service County Debt Service 2020 $ 414,292 $ 14,907 $ 399.385 2021 416,912 17,932 398,980 $450,000 2022 419,172 16,891 402,281 $400,000 2023 415,847 16,742 399105 $350,000 2024 290,448 17,597 272:851 2025 279,913 14,995 264,918 $300,000 2026 280,538 15,495 265,043 $250,000 2027 280,463 15,393 265,070 $ 2,797,583 $ 129,952 $ 2,667,631 $200,000 $150,000 $100,000 $50,000 vOyO �otiti ��yL A Toy� �OyA �oyh ry0t0 ryoti -Current Debt Service -New Debt Service NORTHWEST $ MUNICIPAL ADVISORS Belfair Savings Summary Refunds the 2010, 2013A and 2013B DOE Loans and 2011 LTGO Bonds Current Debt New Debt Calendar Service Savings(1) Service Belfair Debt Service 2020 $ 981,647 $ 18,376 $ 963,272 $1,200,000 2021 983,987 37,662 946,325 2022 980,814 52,523 928,291 $1,000,000 2023 982,494 48,952 933,542 2024 984,184 50,723 933462 $800,000 2025 979,211 50,092 929:119 2026 984,005 47,973 936,032 2027 982,894 48,092 934,802 $600,000 2028 961,314 48,312 913,002 2029 963,934 48,758 915,176 $400,000 2030 743,789 43,819 699,970 2031 364,610 11,985 352,625 $200,000 2032 187,314 11,181 176,133 2033 9,955 - 9,955 $- $11,090,153 $ 518,448 $10,571,705 ,L01� ,L01ti LO�ti LOB'' ,101a �p'Ly ,LO1�O ,L011 ,LO1� L01°� ,LO''� ,LO''ti ,LO''ti ,10'''' (1)Excludes 2007 and 2014 Loans Current Debt Service -New Debt Service NORTHWEST 9 MUNICIPAL ADVISORS Rustlewood Savings Summary • Refunds the 2008A and 2008B LTGO Bonds held by USDA Current Debt New Debt Calendar Service Savings Service Rustlewood Debt Service 2020 $ 70,796 $ - $ 70,796 2021 70,796 7,637 63,159 $8D•000 2022 70,796 8,383 62,413 $70,000 2023 70,796 8,225 62,571 2024 70,796 8,092 62,704 $60,000 2025 70,796 7,984 62,812 2026 70,796 8,848 61,948 $�"�0 2027 70,796 7,789 63,007 $40,000 2028 70,796 8,786 62,010 2029 70,796 8,784 62,012 $30,000 2030 70,796 7,810 62,986 2031 70,796 7,631 63,165 $20,000 2032 70,796 8,771 62,025 $10,000 2033 70,796 7,911 62,8B5 2034 70,796 8,111 62,685 $- 2035 70,796 9,341 61,455 ryo�0 ryoytiryo•�ryoy'+ry�•yp ryotiy ti�~6 ti�ti1 ryp"y�ryo'�ryo•,,0 ryo"ytiryo�,�"ryo,�ryo•,f"ryo�h ryoo,6 ryo1,�tio'�voo,A ryopo voptivop'L vOp'+ry�pp ry�y ellry0p1 ti ry�� 2036 70,796 8,642 62,154 2037 70,796 7,995 62,801 -Current Debt Service -New Debt Service 2038 70,796 8,414 62,382 2039 70,796 7,866 62,930 2040 70,796 8,384 62,412 2041 70,796 8,825 61,971 2042 70,796 8,573 62,223 2043 70,796 8,397 62,399 2044 70,796 9,297 61,499 2045 70,796 8,235 62,561 2046 70,796 8,595 62,201 2047 70,796 7,905 62,891 2048 69,219 8,341 60,878 2049 13,849 13,849 - r:'' $2,065,356 $ 247,420 $1,817,936 to NORTHWEST MUNICIPAL ADVISORS Next Steps • The County can choose to reject all bids or proceed with the refinancing • If proceeding: — Confirm the structures, interest rates, and terms with the banks — Finalize the Bond Resolution — Set a date for adopting the Bond Resolution — Set of date for the closing of the new loans NORTHWEST 11 MUNICIPAL ADVISORS 2020 Election Grants The Auditor's Office has received three grants in 2020. The budget authority for the first has been previously approved the BOCC. I seek budget approval for the second two. 1. CARES Election grant from the Secretary of State, $169,509.84. No local match,prepaid, spend-down grant. All funds must be expended by December 31, 2020, or returned to the State. This grant originated the CARES Act and the State provided the 20 percent match. It is for additional election costs related to Covid-19. The grant has funded the remodel of the ballot processing room into our new Vote Center, new equipment including cameras to allow people to observe election activities remotely, and additional overtime and other costs. 2. HAVA 3 grant from the Secretary of State, $136,674.24. No local match,pre-paid, spend down grant. All funds must be expended by September 30, 2024, or returned to the State. o I am asking for authority to receive the entire amount and expend$10,000 during 2020. This grant was approved by Congress earlier in 2019 and is the third payment to the gf�gl� states under the Help America Vote Act of 2003. Its primary purpose is election security, I ` but can be used for other elections purposes once we have satisfied the security review by the Secretary of State. A portion of the cost of our camera system is related to security -rather than observers, so not Covid-related and this will be paid out of this grant. 3. Outreach grant from Center for Technology and Civic Life, $32,903.50. No local match, pre-paid, spend-down grant. All funds must be expended by December 31, 2020 or returned to CTCL. This grant program was announced two weeks ago to distribute a gift Q' from Mark Zuckerberg and Amy Chan to CTCL, which is a 501 (c)(3) organization. I applied and was awarded a grant last week. We plan to do two county-wide mailers to provide voter information about registration and election processes, plus advertising on radio and social media. We will also pay some of our overtime expenses for being open the weekend prior to the election out of this grant. �x...Rr.�K,e-..�.. �'���:u^�'?u�:as,2:��'`,�t'�`& '` ",�5:�;d,� .;.r«x:.a��,.a,. �.�.ar,�:�.r`�,.�«�:fa s.,"��, ���^w�. ���'�.�3����..✓. x� �: ``�. � a,?k`;- CENTER • TECHAND CIVICLIFE September 15, 2020 Mason County, Washington County Auditor P.O. Box 400 Shelton, WA 98584 Dear Paddy McGuire, I am pleased to inform you that based on and in reliance upon the information and materials provided by Mason County,the Center for Tech and Civic Life ("CTCL"), a nonprofit organization tax-exempt under Internal Revenue Code ("1RC")section 501(c)(3), has decided to award a grant to support the work of the Mason County Auditor("Grantee"). The following is a description of the grant: AMOUNT OF GRANT: $32,903.50 USD PURPOSE:The grant funds must be used exclusively for the public purpose of planning and operationalizing safe and secure election administration in Mason County in 2020("Purpose"). Before CTCL transmits these funds to Grantee, CTCL requires that Grantee review and sign this agreement ("Grant Agreement")and agree to use the grant funds in compliance with the Grant Agreement and with United States tax laws and the laws and regulations of your state and jurisdiction ("Applicable Laws").Specifically, by signing this letter Grantee certifies and agrees to the following: 1. Grantee is a local government unit or political subdivision within the meaning of IRC section 170(c)(1). 2. This grant shall be used only for the Purpose described above, and for no other purposes. 3. Grantee has indicated that the amount of the grant shall be expended on the following specific election administration needs: Non-partisan voter education, and 11 Temporary staffing. Grantee may allocate grant funds among those needs, or to other public purposes listed in the grant application,without further notice to or permission of CTCL. 4. Grantee shall not use any part of this grant to make a grant to another organization, except in the case where the organization is a local government unit or political subdivision within the meaning of IRC section 170(c)(1)or a nonprofit organization tax-exempt under IRC section 501(c)(3), and the subgrant is intended to accomplish the Purpose of this grant. Grantee shall take reasonable steps to ensure that any such subgrant is used in a manner consistent with the terms and conditions of this Grant Agreement, including requiring that subgrantee agrees in writing to comply with the terms and conditions of this Grant Agreement. 5. The grant project period of June 15, 2020 through December 31,2020 represents the dates between which covered costs may be applied to the grant.The Grantee shall expend the amount of this grant for the Purpose by December 31, 2020. 6. Grantee is authorized to receive this grant from CTCL and certifies that(a)the receipt of these grant funds does not violate any Applicable Laws,and (b) Grantee has taken all required, reasonable and necessary steps to receive, accept and expend the grant in accordance with the Purpose and Applicable Law. 7. The Grantee shall produce a brief report explaining and documenting how grant funds have been expended in support of the activities described in paragraph 3.This report shall be sent to CTCL no later than January 31,2021 in a format approved by CTCL and shall include with the report a signed certification by Grantee that it has complied with all terms and conditions of this Grant Agreement. 8. This grant may not supplant previously appropriated funds.The Grantee shall not reduce the budget of the County Auditor("the Election Department") or fail to appropriate or provide previously budgeted funds to the Election Department for the term of this grant. Any amount supplanted, reduced or not provided in contravention of this paragraph shall be repaid to CTCL up to the total amount of this grant. 9. CTCL may discontinue, modify,withhold part of,or ask for the return all or part of the grant funds if it determines, in its sole judgment,that(a) any of the above terms and conditions of this grant have not been met, or(b) CTCL is required to do so to comply with applicable laws or regulations. 10.The grant project period of June 15,2020 through December 31,2020 represents the dates between which covered costs for the Purpose may be applied to the grant. Your acceptance of and agreement to these terms and conditions and this Grant Agreement is indicated by your signature below on behalf of Grantee. Please have an authorized representative of Grantee sign below,and return a scanned copy of this letter to us by email at:grants@#echandciviclife_org, _.._....._ ......._..._.........._.._ .. ......._. .................. :.--_ ...__._.... I CENTER FOR TECH&CIVIC LIFE 233 N.MICHIGAN AVE.,SUITE 1800 CHICAGO,IL60601 HELLO!a�TECHANDCIVICLI FE.ORG PAGE 2 On behalf of CTCL, I extend my best wishes in your work. Sincerely, J Tiana Epps Johnson Executive Director Center for Tech and Civic Life GRANTEE By: NON..� . Mc�v�,e Title: r fo� awry AODP04 Date: ................... ._.. 1y ....r._ ._.... .........................,_..__._ CENTER FOR TECH&CIVIC LIFE { 233 N.MICHIGAN AVE.,SUITE 1800 j CHICAGO,IL60601 i HELLO"aPTECHAN DCIVICLI FE.ORG PAGE 3 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Sheryl Hilt DEPARTMENT: Sheriff's Office EXT: 636 BRIEFING DATE: O � , PREVIOUS BRIEFING DATE : If this is a follow-up briefing, please provide only new information ITEM: 2021 contract amendment between Healthcare Delivery Services and Mason County Jail. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Healthcare Delivery Services holds the contract for jail nursing services through December 2023. This amendment would increase the cost of nursing services from $57 per hour to $60 per hour for both the Jail and Administrative nurses. Medical services are mandated by RCW 70.48. BUDGET IMPACTS: Increase to 2021 budget of$18,300 per year to BARS code 001.000000.205.270.523.60.541011.0000.00. RECOMMENDED OR REQUESTED ACTION: Approve contract amendment. ATTACHMENTS: 2021 HDS Contract Amendment Briefing Summary 9/22/2020 2021 Contract Amendment between Health Care Delivery Services and Mason County The Health Care Delivery Services Contract was signed by the County on 03/13/2017.The contract expired December 315t,2017 and rolled over for 2018 without change. An amendment was agreed to in 2019 extending the duration of the contract and a contract increase of 3.4 percent. An amendment was signed for 2020,extending the duration of the contract without budget implication. For 2021,this contract is amended to reflect an increase in: • Nursing services-Old rate was$57.00 per hour. New rate is$60.00 per hour,16 hours minimum per day for 7 days per week. • Administrative RN hours rate increased from$57 to$60 per hour(5 hours per week). This agreement extends the Term length, pg. 2 of the executed contract,from January 2021 through December 2023. Budget would increase from$518,048 to$536,348 for a total budgetary impact of$18,300. All other terms and conditions remain as agreed in the original contract. BOARD OF COMMISSIONERS MASON COUNTY,WASHINGTON DATE: Kevin Shutty, Commissioner Sharon Trask,Chair Randy Neatherlin,Commissioner Attest: McKenzie Ritchey,Clerk of the Board Approved as to Form and Content: Casey Salsbury,Sheriff Mason County Sheriffs Office 4 Tim Whitehead,Chief Deputy Prosecuting Attorney HEALTHCARE DELIVERY, INC. Shannon Young, President / �rJ Address: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Community Development/Building EXT: 286 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance X Human Resources ❑ Legal ❑ Other— please explain ITEM: Dave Kuzawa, Building Inspector, has submitted a letter of resignation. His last day is October 31, 2020. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Community Services/Building would like to fill this position as soon as possible around Dave's departure date of October 30, 2020. BUDGET IMPACT: This is a permanent position that is accounted for in existing and future budget. No impact. PUBLIC OUTREACH:(Include any legal requirements,direct notice,website,community meetings, etc.) HR will post the job description and recruitment per their standards. RECOMMENDED OR REQUESTED ACTION: Allow Community Services to post and fill the Building Inspector position. ATTACHMENTS: None Briefmg Summary 9/22/2020 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Community Development/Building EXT: 286 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): M Budget/Finance X Human Resources ❑ Legal ❑ Other— please explain ITEM: Josh Luck, Building Inspector V, has been selected as Lead Building Inspector, effective October 1, 2020. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Community Services/Building was approved for selecting a Lead Building inspector by Action Agenda on August 25, 2020. BUDGET IMPACT: There is a 10% salary increase for the Lead position per the General Services Collective Bargaining Agreement. PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings,etc.) Notice of Intent to select Lead Building Inspector was posted internally for one week. RECOMMENDED OR REQUESTED ACTION: None ATTACHMENTS: Lead Pay Request form; General Services CBA language on Lead; current job description Briefmg Summary 9/22/2020 TEMPORARILY WORKING IN A HIGHER CLASS/ Ru OUT OF CLASS/LEAD PAY - REQUEST FORM El Out of Class Pay *Lead Pay ❑ Working in a Higher Class All out of class,lead,or temporarily working in a higher class pay requests must be submitted by the department head or elected official on this form to Human Resources for review and final approval by the Board of County Commissioners,prior to the assignment of additional duties. Employee Name:Josh Luck BuildingIns ector V Building Employee Job Title: p Department: Please insert the lead,out of class or temporarily working in a higher class pay language from the Collective Bargaining Agreement if applicable: See Attached. What specific job duties this employee will be performing outside of their current position description and for how long: Assigns daily inspection routes; assigns plan review; trains new employees; investigates complaints; responsible for keeping Title 14 updated and bringing amendments to the Board of County Commissioners; set policy implementation and interpretation of Title 14, the IBC and IRC for staff consistency and setting the Building Community's expectation; assists Supervisor in drafting letters of Administrative Determinations as required when code challenges are made. Effective Date: 10/1/2020 End Date:N/A i*Attach a copy of the employee's current posltl'o"ndescrptl,on* Manager/Supervisor of Department Signature:��"`"` Date: �2D`', Department Head/Elected.Official Signatur Date: Support Services Director Signature: Date: BOCC or Elected Official Signature: Date: cc:CMMRS/Elected Official/Department/Payroll General Services Collective Bargaining Agreement The County may designate an employee as a Lead Worker;such designation is not considered to be a "job vacancy" or"newly created position" as referenced in ARTICLE 8-SENIORITY,Section 2.A Lead Worker will typically direct, oversee and/or organize the work of other employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire,fire, or discipline other employees within the Teamsters bargaining unit. This job classification is used at the discretion of management(and with prior approval of the Board of County Commissioners).A Department Head will post within his/her Department a notice of intent to appoint a Lead Worker. He/she will give full consideration to all departmental applicants before going outside his/her department.Any employee who acts as Lead Worker will receive an additional ten percent( 10%) salary for the period of time they perform that function. 1; POSITION DESCRIPTION Title: Department: Building Inspector V Community Services Affiliation: Reports to: Teamsters General Services Permit Assistance Center Manager Exempt: Non-Exempt: X Supervises/Directs: None Salary Range: According to current Collective Bargaining Agreement Established Date: Revision Date: Format only 02.26.2018 April 15, 2015 GENERAL DESCRIPTION: Under general supervision of the Director of Community Development, performs inspections of residential and commercial buildings undergoing new construction or remodeling to determine compliance with applicable building codes. Also conducts plan checks and issues permits, provides professional building code interpretation, as appropriate, and ensures efficient and effective use of building code resources. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) • Ensures compliance of all provisions of the building codes comprised of the International Building Code, Mechanical, Uniform Plumbing, ADA, Energy and related state and local regulations and ordinances. • Inspects structural components of residential and commercial buildings under construction or remodeling to determine that they comply with applicable codes. Reviews and approves constructions plans and specifications submitted for permits; monitors for compliance with applicable building codes and regulations. • Communicates in person, on the phone, and through written correspondence with contractors, architects, engineers, developers, property owners, and the general public regarding building codes, permit applications, requirements for proposed construction projects, and inspection policies • Conducts the most sensitive or difficult field inspections. • Responds to the most sensitive or complex public inquiries. Assists construction and design professionals and the general public with local and state code requirements and related issues while maintaining a strong public service approach. • Provides building code and related technical support information to the community, design and construction professionals, engineers and other agencies, as requested. • Participates in the examination of plans and detailed specifications for compliance with State and local codes and ordinances. Analyzes technical and complex building components and systems for compliant alternative materials or methods of construction. • Establishes and maintains a variety of departmental files, permits and records in an accurate manner. • Performs other related duties as assigned or required. Blood Bourne Pathogens —Annually Smart Risk Management— Once Slip, Trip and Fall —Annually Safe Lifting Practices —Annually Defensive Driving-All Annually: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. I have read and understand the above position description: Name: Date: Signature: HR/Manager Signature: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Planning EXT: 286 BRIEFING DATE: September 28, 2020 ITEM: News Release for one open seat on the Planning Advisory Commission (PAC). BACKGROUND: The Mason County Planning Advisory Commission is a seven (7) member citizen board appointed to advise the Board of Commissioners on policy related to the county comprehensive plan and on land use issues. The Planning Advisory Commission members help set the long-term direction or vision for the community's future. BUDGET IMPACTS: This proposal will cost has no cost. RECOMMENDED OR REQUESTED ACTION: Approve the attached News Release to attract candidates for the open position. The News Release will be read at the October 6, 2020 meeting of the Mason County Board of Commissioners weekly meeting and placed on the Mason County Planning Advisory Commission's webpage. ATTACHMENTS: News Release, 2020 PAC Membership Roster Briefing Item Summary Form Open Seat 9-28-2020 NEWS RELEASE October 6,2020 MASON COUNTY COMMISSIONERS 411 NORTH 5T"ST SHELTON,WA 98584 (360)427-9670 EXT.419 TO: KMAS, KRXY,SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN,SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL,THE SUN RE: Planning Advisory Commission Vacancy Mason County is seeking applications for the Mason County Planning Advisory Commission.There is one open seat represented as an at-large position.Applications will be considered from all three Mason County Commissioner Districts. The Planning Advisory Commission is a seven-member citizen board appointed to advise the Board of County Commissioners on policies related to amendments to the Comprehensive Plan,Shoreline Master Program, Resource Ordinance and other development regulations in addition to making recommendations on rezone applications. The Commission typically meets at least once per month on the third Monday at 6:00 p.m.,with special meetings scheduled, as necessary.Appointed Commissioners normally serve a four-year term. Currently,the at-large position will be filling a vacancy set to expire in January of 2022. Applications to serve on the board are being accepted until the position is filled, and should be submitted to the Mason County Commissioners,411 N. 5th St.,Shelton,WA 98584. Application forms may be obtained from the Commissioner's Office, (360)427-9670 ext.419 or visit our website at www.co.mason.wa.us. BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Kevin Shutty Randy Neatherlin Chair Mason County Planning Advisory Commission-2020 Position Comm Name Phone Mailing Address Initial Appointment Term Expires District No. 2 1 Brian Smith 1/16/2018 1/31/2022 2 2 Joseph Myers 6/2/2020 1/31/2024 3 3 Isaiah Johnston 6/2/2020 1/31/2022 At 4 VACANT Large 1/31/2022 3 5 Aaron Cleveland 2/21/2017 3/31/2021 1 6 Mac McLean 11/26/2019 1/31/2024 1 7 Tim Opiela 6/2/2020 1/31/2022 Contact: Kell Rowen, Dept. of Community Services, Planning Division @ Ext. 286 Updated 9/22/2020 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Place on the October 6, 2020 Action Agenda to set a public hearing for November 3, 2020 to consider rezone of 160 acre parcel from Rural Residential 20 (RR20) to Long Term Commercial Forest (LTCF) and rezone 159.38 acres from LTCF to RR20 within the Rural Area of Mason County. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions):This request by Port Blakely Tree Farm is to rezone 160 acres from RR20 to LTCF and rezone 159.38 acres from LTCF to RR20. The Planning Advisory Commission voted 6-0 to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 21, 2020. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) Public Hearing notice required for Planning Commission and Board. Residents within 300 feet of the proposed rezone were also notified by mail. Posted to Planning Advisory Commission website and posted on the home page in the Commissioner agendas. RECOMMENDED OR REQUESTED ACTION: Place on the October 6, 2020 Action Agenda to set a public hearing for November 3, 2020. ATTACHMENTS: Map of rezone request Briefing Summary 9/22/2020 Exhibit A 21NOSW oh Of o E gea A ant Gree7cf�Y - 21N04W 95° v F o 20NOSW aar PN e ° 102 sna�.ax•aQQQQO � Me tin Rd VerdleeK c �� ! Stoner Sher Dayton Trails a SkR L P\tQ n o ek �n ga9to N01co a ,pp r o atte N a y s Q S °G Q� 5Rarj o'MaOoekRy � o QQQ^z •QOQgQ� u v 20N04W fie° vsbtat a $ corm°nRy �`\` � z�� 0ak olds ro08.fie t �� oQ `rospn Ro• U gdlt'tfE `�o�5�a � �a Eas 5 a Reek Cree�Ra m \9re d Rock.Creo c G�OquaVVdmILd f �a rs0 m � .iE ���1��x1Q�NQNI Cloquallum R' :bulb Farm Rd c�r f+� a DryR Ano r C�O4u15110 �te 49N05W osn07.� {+ QQQpQ 1SN04W 41 Rot flD�� S f08 �1eek^" Sk °kum I/ s a � m 108 F eaa 3b u oaV Q° 18N05W d flip a Tomq�rs �� r rLtOo ; o`F\K Grays ryard Rd xFta'� Rd 1 ON04W Thurston Rd ,6 AdestG ycedk x User Name:srise Date:6/4/2020 Port Blakely Mason County ©Port Blakely Ownership MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Place on the October 6, 2020 Action Agenda to set a public hearing for November 3, 2020 to consider rezone of 21.6 acres from Long Term Commercial Forest (LTCF) to In Holding (IH) lands and rezone 35.6 acres from IH to LTCF within the Rural Area of Mason County. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions):This request by Green Diamond Resource Company is to rezone 21.6 acres from LTCF to IH and rezone 35.6 acres from IH to LTCF.The Planning Advisory Commission voted 6-0 to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 21, 2020. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) Public Hearing notice required for Planning Commission and Board. Residents within 300 feet of the proposed rezone were also notified by mail. Posted to Planning Advisory Commission website and posted on the home page in the Commissioner agendas. RECOMMENDED OR REQUESTED ACTION: Place on the October 6, 2020 Action Agenda to set a public hearing for November 3, 2020. ATTACHMENTS: Map of rezone request Briefmg Summary 9/22/2020 Mason County WAGIS Web Map tL T .y 5 9/1/2020, 1:28:24 PM 1:10,916 0 0.07 0.15 0.3 mi ��;;3 it County Boundary — State 0 0.15 0.3 0.6 km ElTax Parcels(Zoom in to 1:30,000) — County -- Road Name Labels(Zoom to 1:100,000) — City Railroads(Zoom to 1:200,000) Private Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS,AeroGRID,IGN,and the GIs User Community,Esri,HERE, Roads — Green Diamond Garmin,(c)OpenStreetMap contributors,and the GIs user community Federal Mason County WAGIS Web Map Application Richard Diaz I Esri,HERE,Garmin I Earthstar Geographics I MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Place on the October 6, 2020 Action Agenda to set a public hearing for November 3, 2020 to consider rezone of a 0.2 acre parcel from Village Commercial (VC) to Residential 2 (R-2) within the Allyn Urban Growth Area (UGA). EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This request by the property owner to rezone an undeveloped 0.2-acre parcel on State Route 3 is for the future development of a detached residential garage.The Planning Advisory Commission voted 6-0 to approve the application request after review of staff report and hearing testimony at their scheduled meeting on September 21, 2020. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) Public Hearing notice required for Planning Commission and Board. Residents within 300 feet of the proposed rezone were also notified by mail. Posted on-site and posted to Planning Advisory Commission website and posted on the home page in the Commissioner agendas. RECOMMENDED OR REQUESTED ACTION: Place on the October 6, 2020 Action Agenda to set a public hearing for November 3, 2020. ATTACHMENTS: Map of rezone request Briefing Summary 9/22/2020 Mason County WA GIS Web Map 1 •- S k s r ` w; C 1rr+erbia1_to ResNJyfprhtial ............ p `w r E ' 9/2/2020, 5:27:22 PM 1:2,722 � 0 0.02 0.04 0.09 mi t1 t County Boundary — State i�—�1.� . . I I 0 0.04 0.07 0.14 km ❑ Tax Parcels(Zoom in to 1:30,000) — County Road Name Labels(Zoom to 1:100,000) — City + Railroads(Zoom to 1:200,000) Private Source: Esri, Maxar, GeoEye, Earthstar Geographies, CNES/Airbus DS, USDA,USGS,AeroGRID, IGN,and the GIS User Community,Esri, HERE, Roads — Green Diamond Garmin,(c)OpenStreetMap contributors,and the GIS user community Federal Mason County WA GIs Web Map Application Richard Diaz I Esri,HERE,Garmin I Earthstar Geographies I MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: AIex.Paysse DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 9/28/2020 PREVIOUS BRIEFING DATES: 6/15/2020 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other—please explain ITEM: Water Quality Contract Updates EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Hood Canal Regional PIC (HCRPIC) program was awarded an additional 100,000 for their Phase 4 PIC work in Hood Canal. HCRPIC partners discussed how to utilize the additional funds and came up with an additional 79,500 for Mason County PIC work and OSS rebates in Hood Canal. The following amendment reflects these additional funds as well as a revised end date of Sept. 30, 2022. BUDGET IMPACT: Additional $79,500 to existing and future budgets through contract period. An additional temporary position has been added to carry out contract deliverables per previous briefing. PUBLIC OUTREACH:(include any legal requirements,direct notice,website,community meetings, etc.) Hood Canal Regional PIC meetings, previous briefings. RECOMMENDED OR REQUESTED ACTION: Approval to place on October 61h action Agenda. ATTACHMENTS: Amendment 1—Mason County—HCRPIC Ph 4_20200921 Briefing Summary 9/23/2020 tiA Hood Canal Coordinating Council °o Jefferson, Kitsap&Mason Counties; Port Gamble S'Klallam &Skokomish Tribes 17791 Fjord Drive NE,Suite 118,Poulsbo,WA 98370 PROFESSIONAL SERVICES CONTRACT BETWEEN THE HOOD CANAL COORDINATING COUNCIL AND MASON COUNTY PUBLIC HEALTH PROFESSIONAL SERVICES CONTRACT AGREEMENT AMENDMENT-1 This Agreement Amendment is made and entered into between Mason County Public Health,an independent consultant located at 411 North 5th Street,Shelton,WA 98584(see Contract Exhibit B Checklist for consultant's EIN and UBI numbers), hereinafter"Consultant",and the Hood Canal Coordinating Council,with its principal office located at 17791 Fjord Drive NE,Suite 118, Poulsbo,WA 98370, hereinafter"HCCC." In consideration of the mutual benefits and covenants contained herein,the parties agree that their original Agreement(MC Contract#20-026), dated March 17, 2020,for work performed under Washington Department of Health, Hood Canal Regional Pollution and Identification Correction (HCRPIC) Phase 4 program,the contract language and Exhibit A- Independent Consultant Scope of Services, shall be amended as follows: Summary of changes: - Modify and add terms and conditions related to COVID-19 safety - increase budget from$95,000 to$174,500 - Extend end date from Dec 31,2021 to September 30,2022,and adjust deliverable dates accordingly - Update HCCC Accountant contact information Modify (italicized clause added): Pg. 4, par. 10) MATERIALS AND EQUIPMENT. -- Consultant shall provide all materials and equipment necessary to perform its obligations under this Agreement: Provided, however, that Consultant may use office equipment located in the offices of HCCC, as available, and provided however, that if"Other Expenses" have been awarded as part of this agreement, HCCC may purchase said supplies and services on behalf of the Consultant as part of this Agreement. Materials and equipment includes but is not limited to, appropriate safety plans and providing personal protective equipment to employees to address continued performance under the contract where such continued performance can be done in compliance with Federal, State or County Emergency Orders despite the presence of such causes. Any materials and equipment will be indicated in Exhibit A -Scope of Services. New: Pgs.7-8, par. 23)FORCE MAJEURE.--Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement if the failure to perform the 1 contract arises from causes beyond the control and without the fault or negligence of the Party. Examples of such causes include (1)acts of God or of the public enemy, (2)acts of the Government in either its sovereign or contractual capacity, (3)fires, (4)floods, (5)epidemics, (6) quarantine restrictions, (7)strikes, (8)freight embargoes,and (9)unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Such excuse from liability shall be effective only to the extent and duration of the event(s)causing the failure or delay in performance and provided that the Party has not caused such event(s)to occur and continues to use diligent,good faith efforts to avoid the effects of such event and to perform the obligation. Notice of a Party's failure or delay in performance due to force majeure must be given to the unaffected Party promptly thereafter but no later than five (5)days after its occurrence which notice shall describe the force majeure event and the actions taken to minimize the impact thereof.All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor disturbance or dispute. Notwithstanding the foregoing, should the event(s)of force majeure suffered by a Party extend beyond a six-month period,the other Party may then terminate this Agreement by written notice to the non-performing Party,with the consequences of such termination as if this Agreement had expired (and was not terminated)in accordance with other provisions herein. Exhibit A--Independent Consultant Scope of Services: Description of Services Mason County Public Health (MCPH) will provide services to support the implementation of the Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program's Phase 4, as described below.The following project information is excerpted from HCCC's base agreement scope of work with WA Dept. of Health: Contract number: CB024134 Subrecipient Organization: Hood Canal Coordinating Council Subrecipient Contact: Haley Harguth, Watershed Program Manager, hharguth@hccc.wa.gov, 360.328.4625;Scott Brewer, Executive Director, sbrewer@hccc.wa.gov, 360.531.0575 DUNS#: 620533930 CPAR Info (Statewide Vendor#, UBI, Federal Tax ID, etc.): 0011386-00, 602-080-310, 91-2085994 DOH Contract Manager: Megan Schell megan.schelI@doh.wa.gov 360.236.3307 Federally Approved Indirect Rate: 10% (de minimis) Period of Performance: DOE—September 30, 2022. NOTE: EPA stretch goals are to spend awarded funds within 2 years. Project Description: This project funds pollution identification and correction activities to protect and improve Hood Canal water quality to safeguard public and ecosystem health and keep shellfish growing areas and recreational beaches open by preventing bacterial pollution flowing into surface waters. The Hood Canal Regional Pollution Identification and Correction Program brings together local health jurisdictions and tribal partners across the Hood Canal region to coordinate water 2 quality protection actions.This unique regional structure enables cross-jurisdictional sharing of resources and expertise to solve water quality challenges threatening Hood Canal's community and ecosystem health. Not to exceed: $ 322,353 Near Term Action ID: 2018-0639 OVERVIEW The Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) core partners will work collaboratively to implement prioritized Pollution Identification and Correction (PIC) work throughout Hood Canal to help reduce bacterial contamination and increase harvestable shellfish acres. HCRPIC core members include Jefferson, Kitsap, and Mason Counties,the Port Gamble S'Klallam and Skokomish Tribes; other partners include the county conservation districts, Hood Canal Salmon Enhancement Group, and WSU Extension. There are eighteen shellfish growing areas in the Hood Canal Action Area.As of 2019,the Hood Canal Action Area had 29,766 acres of approved growing areas, 1,515 acres with conditional approval, and about 3,144 acres of prohibited or restricted growing area.Washington State Department of Health (DOH) has identified several emergency closure zones,threatened areas, and areas of concern based on marine water quality data.There are close to 30,000 onsite sewage systems (OSS) in the project area, many in close proximity to waterbodies and approximately one third of the systems are over 30 years old. PIC programs have been essential to maintain and improve water quality and will continue to be vital for the health of Hood Canal and its communities. The project will primarily address fecal pollution and associated pathogens. As fecal pollution sources are corrected, less nutrients and organic materials, associated with human and animal waste, will enter Hood Canal.That will result in less oxygen demand to break down algae blooms resulting from excess nutrients and the organic materials in waste. Hood Canal Regional PIC Program implementation will identify and correct pathogen sources.The resulting water quality improvements will help achieve the Puget Sound Partnership's Vital Sign recovery target to increase harvestable shellfish acreage. Phase 1 of the HCRPIC program developed a coordinated PIC monitoring plan with the goal to upgrade shellfish harvest areas and prevent future downgrades in Hood Canal priority areas. In the Phase 2 and 3 implementation phases, priority shoreline areas were determined by HCRPIC members using current water quality monitoring information to identify the most important shoreline areas to survey.The prioritization of shoreline areas will be updated annually as new data emerges. Phase 3 ended in August 2019, collectively resulting in 66 shoreline miles monitored, 3 380 site inspections completed,55 OSS failures identified, with 28 OSS repairs completed and the rest in progress.The incomplete OSS repairs will continue to be tracked in Phase 4. Phase 4 builds off of previous implementation phases but with a reduced scope of work due to funding limitations. HCRPIC Program - Phase 4 components include: shoreline surveys in priority Hood Canal shoreline areas, pollution hotspot investigation and correction, updated GIS mapping of OSS in Hood Canal, outreach and education to Hood Canal OSS property owners and decision makers, OSS maintenance rebates, ambient stream water quality monitoring, and regional inter-jurisdictional coordination. The Phase 4 work plan will be developed in consultation with DOH and will include: • Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend,Alderbrook, and Annas Bay, and • Other areas with urgent public health-or emerging water quality concerns GOALS & MEASURABLE OBJECTIVES v I Upgrade 50 acres from prohibited to approved in Acres 50 Hoodsport area of Hood Canal 6 Reopen all closed parcels due to elevated bacteria Parcels 30 in drainages or due to failing onsite septic systems Number of hotspots identified in Mason County Hotspots Unknown (will be reported quarterly) Number of site inspections completed in Mason Site Inspections 50 County Number of OSS failures identified in Mason County OSS Failures 5 Number of OSS failures corrected in Mason County OSS Corrections 5 Area of shoreline surveys conducted in priority Miles 5 areas Number of ambient freshwater samples collected Samples 100 MASON COUNTY'S HCRPIC PHASE 4 TASKS The following are the tasks, deliverables, and deadlines associated with this subaward.Task numbering aligns with the task numbers in HCCC's base grant with DOH. 4 TASK 3. Hood Canal Regional Pollution Identification and Correction Program Phase 4 Implementation 3.1 HCRPIC Program Coordination: This task includes: collaboration with program partners to establish shared protocols and work flows, and the Phase 4 Workplan, preparation of invoices and progress reports for project coordinators, coordination of County staff on work toward Phase 4 objectives, coordination with landowners within the project area, upkeep and quality assurance of program data, data reporting, and contributions to program deliverables, including quarterly and final reports, sustainable funding efforts, and outreach materials. Project Coordination: Coordinate implementation of HCRPIC in your jurisdiction following HCRPIC protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and progress toward deliverables. Submit monthly invoices and progress reports (using HCRPIC Program templates) by the 15th of the following month. Communicate any concerns to HCRPIC Coordinator that progress is not on track. Invoices will be reimbursed upon satisfactory progress and reporting on the deliverables within each payment period. - Send invoices via e-mail to admin@hccc.wa.gov - Send progress reports via email to Haley Harguth (hharguth@hccc.wa.gov) HCRPIC Ph.4 Workplan: HCRPIC partners will work collaboratively to develop the HCRPIC Phase 4 Workplan,which will establish priority areas for shoreline and ambient freshwater stream monitoring and sanitary surveys, targeting areas of known pollution hotspots, or facing shellfish growing area downgrades.The Phase 4 Workplan will be informed by data from the HCRPIC Program Phase 3 results and GIs analysis, current water quality information gathered from county health jurisdictions and tribes, and monitoring data and recommendations from Washington State Department of Health technical staff. It will outline tasks to build upon supporting work conducted in Phase 3.The Phase 4 Workplan will outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting, including the enforcement process and timeline, and protocol for communication of public health risks. Field work activities cannot begin until the HCRPIC Phase 4 Workplan is completed. Data Collection &Reporting: Submit field work data to project coordinators every quarter using the HCRPIC Cumulative Data Report template. Data reported to the HCRPIC Program should include all PIC field work performed in Hood Canal funded by the HCRPIC Program grant, as well as other funding sources, in order to provide a comprehensive report of all Hood Canal PIC efforts across jurisdictions. Data is expected to be thoroughly reviewed by the submitter for quality assurance and quality control prior to it being submitted. Final Cumulative Data Reports will be submitted to project coordinators after field work is 5 completed'to prepare for analysis, mapping, and EPA WQX data entry. All data collected that is funded by this grant must be shared with state and federal agencies upon request. HCRPIC Guidance Group Meetings: HCRPIC partners will share information and ideas, make collaborative decisions, and help guide HCRPIC Program's direction.The Guidance Group provides oversight, guidance, shared learning, and structure for consistent procedures across the PIC program. Guidance Group meetings with project partners will be held quarterly or as needed to advance collaborative work in the PIC project area. At Guidance Group meetings, partners will: - Report on Ph 4 Workplan implementation, including current progress updates, success stories, lessons learned, requests for advice and assistance, next steps, upcoming events, etc. - Present hotspots for consideration of elimination following hotspot closure protocol described in HCRPIC Guidance Document.This information will be included in the HCRPIC Ph. 4 final report. - Provide updates on sustainable funding efforts. Strategic Planning/Sustainable Funding: Strategic planning efforts will be conducted to develop and implement a plan to enhance the HCRPIC Program's efforts to reduce bacterial contamination in the shellfish growing areas of Jefferson, Kitsap, and Mason Counties. HCRPIC partners will work with program coordinators to develop a strategic plan,which addresses the key elements in the Pollution Identification and Correction Program Draft Protocols Recommendations provided by the Departments of Health and Ecology.The Guidance Group will determine objectives and scope of activities,which may include hiring an outreach consultant to support the development of a sustainable funding outreach campaign, outreach products, and presentations to decision-makers on water quality protection, program successes and sustainable funding. HCRPIC partners will provide updates of sustainable funding efforts at Guidance Group meetings. Training/Workshops:Assist project coordinators in preparing and leading HCRPIC Field Training Workshop.The HCRPIC members will participate in a field training and data reporting workshop addressing HCPRIC protocols and procedures.The workshop will be held in the first quarter after contract agreements are in place. LHJ Project coordinator and at least one field staff participating in HCRPIC Program field activities must attend the training. Project partners may participate in DOH-sponsored PIC workshops and other trainings/events (subject to grant coordinator approval), as funds allow. Maximum of two events per sub-recipient, or two people may attend a single event. 6 3.2 Pollution Identification and Correction Fieldwork The HCPRIC Program members will identify, investigate, and work to correct all pollution sources found throughout the project period, utilizing a variety of tools, collaborative problem solving amongst the HCRPIC Guidance Group, and regulatory backstopping, as needed, in order to achieve project objectives outlined above. HCRPIC Program partners will determine Phase 4 priority work areas, including: - Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend, Alderbrook, and Annas Bay-Skokomish River valley, and - Other areas with urgent public health or emerging water quality concerns MCPH will utilize this grant funding to investigate priority area shoreline drainages and conduct parcel surveys to identify sources of fecal coliform bacteria.They will provide technical assistance, work to correct identified sources, and conduct post-corrective follow- up. MCPH will provide the regulatory backstop of enforcement with the help of WA Departments of Ecology and Health as needed, depending on the facility type. Shoreline surveys for pollution hotspots: Monitor shoreline for pollution outfalls in priority areas identified in the HCRPIC Phase 4 Workplan and per HCRPIC Guidance Document protocols and approved QAPP procedures. Document areas surveyed using HCRPIC Shoreline Surveys Log (included in the Cumulative Data Report). Pollution hotspot investigation and correction:Within the priority areas identified in the HCRPIC Phase 4 Workplan, MCPH will conduct pollution source investigation and follow-up of hotspots identified in shoreline surveys and ambient stream monitoring, technical assistance, and enforcement with regulatory backstopping according to the enforcement protocol developed by the HCRPIC Guidance Group and documented in the Phase 4 Workplan. Procedures are outlined in the HCRPIC Program Guidance Document and the QAAP. Freshwater stream monitoring for pollution hotspots: Collaborate with Hood Canal Salmon Enhancement Group to support freshwater monitoring of streams identified in HCRPIC Phase 4 Workplan, per QAPP procedures. Task 3.2. activities will begin after the HCRPIC Phase 4 Workplan is finalized. Water Quality Information Sharing: HCRPIC and DOH have built an information sharing process to quickly and efficiently: - Prioritize HCRPIC work areas - Provide DOH with post-corrective water quality data - Respond to DOH early water quality warnings 7 All pollution identification data funded by the grant will be regularly shared with state or federal agencies. All pollution hotspots identified by HCPRIC partners will be referred to DOH, and new pollution hotspots identified by DOH will be referred to the local health jurisdictions. Updates on progress toward pollution source identification and repairs will be regularly provided by local health jurisdiction staff, and progress toward water quality upgrades by DOH and remaining information needs will be shared at Guidance Group meetings, and as needed. Any identified agricultural pollution sources will be referred to the local Conservation District. Data Reporting: - Field work data will be entered into the HCRPIC Cumulative Data Report template and submitted to program coordinators quarterly. See further description of data collection and reporting activities in task 3.1. - Enter monitoring data into Kitsap Public Health's online cloud-based water quality database to facilitate EPA WQX data entry at end of project. - Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis and mapping. 3.3 Onsite Septic System Maintenance Rebates Homeowner rebates for onsite septic system maintenance will be provided to priority parcels by local health jurisdictions.These rebates were very successful in Phases 2 and 3 to incentivize homeowners to properly operate and maintain their septic systems. In Phase 4, HCRPIC partners will offer rebate vouchers up to $250 per OSS,to reimburse costs for OSS inspections and pumping, and small repairs. Rebate notices will be distributed to targeted residences using a consistent format across jurisdictions.The criteria for rebate recipients will be determined by the Guidance Group and approved by DOH. In past phases, criteria were set to target homeowners who had not previously received a voucher, located in priority areas, or had missing or overdue maintenance records. Data on rebate recipients and services reimbursed will be tracked and analyzed to evaluate the effectiveness of the rebate program as a behavior change tool and inform future phases. Deliverables Task Deliverable Description Due Date 3.1 Describe coordination activities in monthly Ongoing, monthly progress reports. Report on workplan implementation progress at At quarterly Guidance Group 8 quarterly Guidance Group meetings. meetings 3.2 1) Describe PIC activities in monthly progress 1) Ongoing, monthly reports 2) Report on workplan implementation 2) At quarterly Guidance progress at quarterly Guidance Group Group meetings meeting 3) Quarterly, one week prior 3) Submit Cumulative Data Report to HCRPIC to Guidance Group meetings; coordinators and at end of field work. 1-3 above will address the following project c. Complete 10%by Apr 15, objectives: 2021; Complete 30%by Jul 15, a. Number of parcel surveys conducted 2021; Complete 60%by Jan b. At least 3 miles of priority shoreline in Hood 15, 2022 Canal Areas monitored per Phase 4 Workplan c. Collect approximately 200 water samples d. Report the number of sites requiring resampling e. Conduct approximately 75 priority parcel surveys f. Report number of sites dye tested g. Report number of failing septic systems identified h. Report number of failing septic systems corrected i. Number, location and status of sites referred to other agencies for technical and/or corrective actions. 3.3 OSS Maintenance Rebates a) Provide input on HCPRIC Phase IV rebate a) March 31, 2020 process for DOH review and approval b) July 31, 2020 b) Develop OSS rebate outreach materials c) Ongoing, complete by Sep using HCRPIC template 30, 2022 c) Report number of rebates processed in monthly progress reports and in final reporting Project Budget HCRPIC Program,Ph.4 Budget—Mason County Task 3.1:Program Coordination 9 Personnel Finance Manager $60 per hour x 72 $4,320 Clerical $50 per hour x 40 $2,000 EH Manager $60 per hour x 30.12 $1,807.20 EH Specialist $60 per hour x 160 $9,600 Personnel Subtotal $17,727 Other Costs Other(provide description) Click here to enter text. $ Other Costs Subtotal $0 Indirect Costs 10% $1,773 Task 3.1 Subtotal $19,500 Task 3.2: PIC Fieldwork Personnel EH Specialist $60 per hour x 2014.55 $120,873 Personnel Subtotal $120,873 Other Costs Lab Analysis 200 samples @ $29 $5,800 Postage Mailings $300 Materials Paper, dye packets, other supplies $300 Other Costs Subtotal $6,400 Indirect Costs 10% $12,727 Task 3.2 Subtotal $140,000 Task 3.3: OSS Maintenance Rebates Personnel EH Specialist $60 per hour x 18.94 $1,136 Personnel Subtotal $1,136 Other Costs OSS O&M Rebates 50 rebates @ $250 $12,500 Other Costs Subtotal $12,500 Indirect Costs 10% $1,364 Task 3.3 Subtotal $15,000 10 Subtotals Personnel Total $139,736 Other Costs Total Lab analysis, postage, materials, $18,900 rebates, other Travel Total (Describe if any) $0 Indirect Costs 10% $15,8614 Grand Total $174,500 Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: $174,500.Submit monthly invoices to the Accountant by the 15th of the following month. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Progress Reporting: Consultant will submit progress reports each month by the 15th of the following month to accompany invoices. A progress report template will be provided. Submit progress reports to the project manager. Travel: If claiming mileage Consultant will submit a mileage Report for reimbursement with invoice. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date: The effective date is the date the contract is signed by the Executive Director and ends September 30, 2022. Consultant Checklist: Consultant will complete and provide requested information on Exhibit B. Contract Representatives: Scott Brewer, Executive Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 360-394-0046 sbrewer@hccc.wa.gov HCCC Project Manager: Haley Harguth, Watershed Program Manager Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370-8430 hharguth@hccc.wa.gov 360-328.4625 11 Accountant: Terry Fischer Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo,WA 98370-8430 tfischer@hccc.wa.gov 360-536-1338 Consultant Representative(s): David Windom, Director Mason County Public Health 415 N. 6' Street Shelton,WA 98584 dwindom@co.mason.wa.us 360-427-9670 Project Manager: Alex Paysse, EH Manager Mason County Public Health 415 N e"Street Shelton,WA 98584 alexp@co.mason.wa.us 360-427-9670,extension 279 Except as expressly provided herein,all other terms and conditions of the original Agreement, and any subsequent amendments,addenda or modifications thereto, remain in full force and effect. For od Cefi rdinating Council For Mason County Public Health I i Sc tt Brewer,'Executive Director Mason County Commissioner Approved as to form: Mason County Prosecuting Attorney Date: This Agreement is made effective as of the date signed by the HCCC Executive Director on the 21st day of September, 2020. 12 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Michael MacSems DEPARTMENT: Community Services EXT: 571 BRIEFING DATE: September , 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: New Release for two open seats on the Historic Preservation Commission. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) BACKGROUND: The Mason County Historic Preservation Commission is a seven (7) member commission which serves to identify and actively encourage the conservation of Mason County's historic resources. The terms for two seats will expire at the end of November 2020. The two currently filled seats are held by Ed Huber and Chrissy Williams. MCHPC terms are for three years. The incumbents are welcome to reapply and any qualified member of the public may also apply. BUDGET IMPACTS: This proposal has no cost. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Read News Release in a public meeting, place news release on Mason County website and submit news release to the Mason County Journal. RECOMMENDED OR REQUESTED ACTION: Approve the reading of the attached News Release in order to attract candidates for these positions. The News Release would be read by Michael MacSems at the September 29th, 2020 meeting of the Mason County Board of Commissioners weekly meeting and placed on the Mason County Historic Preservation Commission's webpage. ATTACHMENTS: New Release, 2020 HPC Membership Roster Breifing Cover New Sheet Open Seats NR.doc NEWS RELEASE September 29, 2020 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Historic Preservation Commission The Mason County Commissioners are seeking an applicant to fill open positions on the Mason County Historic Preservation Commission. The major responsibility of the Historic Preservation Commission is to identify and actively encourage.the conservation of Mason County's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties. They also work to raise community awareness of Mason County's history and historic resources and serve as Mason County's primary resource in matters of history, historic planning, and preservation. Commission members serve three-year terms and meet monthly, during business hours, at the County offices in Shelton. During COVID these meetings are being held via Zoom. These new terms will run from December 2020 to November 2023. Applicants must be residents of Mason County. Interested persons are encouraged to apply for this commission by completing an advisory board form that can be downloaded from our website— http://www.co.mason.wa.us/forms/advisory/Advisoryboardapp.pdf or by calling the Commissioners' office at 427-9670 ext. 419 or 275-4467 ext. 419. Completed applications should be submitted in the Commissioners' office at 411 N 5th Street, Shelton. Positions are open until filled. If there are questions about theses positions, please contact Michael MacSems at 427- 9670 ext. 571 or by e-mail at HPC(c-co.mason.wa.us. BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner 2020 Mason County Historic Preservation Commission Membership List Stephanie Neil Professional Expertise Nov 2021 Belfair, WA 98528 Works for Dept of Army Corps,formerly with Squaxin Cultural Resources and USFS Steve Rose Vice Chair Nov 2022 Allyn,WA 98524 Christina Lee Williams Nov 2020 Grapeview,WA 98546 Russ Sackett Professional Expertise Nov 2022 Belfair,WA 98528 Former Alaska State Architectural Historian Edgar Huber Professional Expertise Nov 2020 Shelton, WA 98584 David Dally Nov 2022 Shelton,WA 98584 Rick Calvin Chair Nov 2021 Grapeview,WA 98546 Rhonda Foster Ex-Officio Member THPO Squaxin Tribe Shelton, WA 98584 Kris Miller Ex-Officio Member THPO Skokomish Tribe Shelton, WA 98584 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom / Todd Parker DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 9/28/20 PREVIOUS BRIEFING DATES: 8124120 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Community Lifeline Amendment related to the extension of the Dept. of Commerce Contract Covid Outbreak Emergency Housing Grant EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Dept. of Commerce is extending the end date of the grant from September 30, 2020 to December 31, 2020. The purpose of the extension is to maintain isolation and quarantine housing relative to cases identified by WA State Dept. of Health, maintain additional shelter capacity to replace shelter capacity lost when social distancing was increased, and maintain sanitation in existing homeless housing. The amendment with Community Lifeline is to cover unforeseen costs associated with the underground work and complete the project, additional staff to maintain 24/7 shelter operations, and housekeeping to maintain sanitation in response to Covid-19 BUDGET IMPACT: Within grant budget PUBLIC OUTREACH:(Include any legal requirements, direct notice,website, community meetings, etc.) n/a RECOMMENDED OR REQUESTED ACTION: Approval to move amendment to the October 6 action agenda ATTACHMENTS: Community Lifeline contract Amendment #5 Briefing Summary 9/23/2020 Contract Between Mason County and Community Lifeline Professional Services Contract#CL:2019-2021.4 Amendment# 5 The purpose of this amendment is to increase the total award of the contract for the COVID-19 response IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUNDING SOURCE: Washington State COVID-19 Outbreak Emergency Housing Grant 2. AMENDMENT TERM: October 1 —December 31, 2020 3. TOTAL ADDITIONAL AWARD: Not to exceed $51,000 Sprinkler Construction Project: up to $30,000 approved to cover unforeseen costs associated with the underground work and complete the project. Shelter Operations: • Up to $18,000 approved for program staff to continue 24/7 operations that are Covid-19 related that are not covered by the Local Document Recording Fees and Shelter Grant through November 30, 2020. • A total of$3,000 is approved for housekeeping for Covid-19 cleaning and sanitation through December 31. 2020. 4. INVOICE: Include with the Covid-19 invoice with the title "Community Lifeline COVID-19 Response CL:2019-2020.4" 5. APPENDIX A— SCOPE OF WORK , All activities and expenditures must comply with the Washington State COVID-19 Outbreak Emergency Housing Grant Guidelines. Amend the language in eligible activities from create to maintain as follows: • Maintain isolation and quarantine housing relative to cases identified by WA State Department of Health (increase allowed with approved updates to County Plan), • Maintain additional shelter capacity to replace shelter capacity lost when social distancing was increased. • Maintain sanitation in existing homeless housing Approval to continue 24/7 shelter operations through November 30, 2020. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 12020. CONTRACTOR MASON COUNTY Bert Pedersen Sharon Trask, Chair Board Chair, Community Lifeline Mason County Board of County Commissioners 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: Sept 28, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Resolution to sign Consolidated Contract Amendments (ConCon) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Gives the Director of Community Services the authority to sign periodic ConCon Amendments BUDGET IMPACT: N/A PUBLIC OUTREACH:(Include any legal requirements,direct notice,website,community meetings,etc.) RECOMMENDED OR REQUESTED ACTION: Pass recommended signature authority resolution. ATTACHMENTS: Resolution Briefing Summary 9/22/2020 Resolution A Resolution authorizing the Community Services Director to approve and sign certain Contract Amendments WHEREAS, The Department of Community Services enters into the State Department of Health known as the Consolidated Contract(ConCon) biannually to execute various grant deliverables and to assist partners in achieving the goals of Mason County and, WHEREAS, Amendments to the ConCon are issued from time to time as programs change and funding levels change and, WHEREAS, Amendments to the ConCon arrive on very short notice with a short turnaround time and, WHEREAS, Funding levels are generally small, in many cases the amount being addressed is smaller than the cost of staff time to move the contracts through the briefing and Commission process and, WHEREAS, Contracts are passed through the Prosecutors' Office for legal review and Amendments do not change the base of the contract and, WHEREAS, Allowing the Mason County Community Services Director to sign certain contract amendments shortens the turn-around time in the signature process and, WHEREAS, Amendments will be briefed to the Board of County Commissioners at the next regularly scheduled briefing and, NOW,THEREFORE BE IT RESOLVED by the Board of Mason County Comissioners to authorize the Mason County Community Services Director to approve and sign amendments to the ConCon that do not add new programs. Adopted this day of October, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair Kevin Shutty, Commissioner MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING September 28,2020 Briefing Items • 2021 Annual Construction Program and the 2021-2026 Six-Year Construction Program (TIP). • Surplus of Personal Property. • Temporary Solid Waste Attendant Lead • Parametrix on-call services to complete Eells Hill Landfill Post Closure project report. • Purchase snow plow blades. Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items • Hearing on October 6, 2020 @ 9:15am for Franchise Agreement with Blue Heron Condo Owners Association. (Set at August 25, 2020 Commission Mtg.) • Hearing on October 6, 2020 @ 9:15am code changes to Chapter 12.20, Vacation of Roads. (Set at August 25, 2020 Commission Mtg.) • Hearing on October 6, 2020 @ 9:15am code changes to Chapter 10.34,Unmuffled Compression Brakes. (Set at August 25, 2020 Commission Mtg.) Zoom Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson Others(list below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: 2021 Annual Construction Program and 6-Year Transportation Improvement Program (TIP) - Set Hearings EXECUTIVE SUMMARY: RCW 36.81.121 requires the preparation and annual updating of a six-year comprehensive transportation program. Chapter 36.81.130 spells out the procedure and that the plan is to be presented to the Board by the first Monday in October. WAC 136-14 and 136-15 describe standards of good practice for priority programming and the preparation of the 6-Year TIP. In addition to the standards of good practice, Mason County established a citizen advisory board for the purpose of increasing public involvement in developing transportation improvement recommendations. Following is the schedule for reviewing and adopting the 6-Year TIP and Annual Construction Program: 9/09 Public Works reviewed w/the TIP-CAP Advisory Committee 9/28 Board sets hearing date 9/28— 11/03 Annual and TIP available for public review 10/14 TIP-CAP finalizes recommendations 11/03 Public Hearing to adopt the Annual and 6-Year Annual 2021 expenditures are planned to be $8.04 million of which $2.38 million will come from the Road Fund and $5.65 million from outside sources. County forces will be used to construct approximately $951,300 of the annual construction program, which is under the computed limit of $1.27 million. A revenue/expenditure analysis assumes no additional road fund diversion or levy shift. A future considerations list is included in the event new grants or additional revenues be secured. PUBLIC OUTREACH: TIP-CAP Meeting and Hearing notice published in the Shelton Journal. Both drafts will be made available on the Public Works webpage. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set two hearings for November 3, 2020 at 9:15am to consider the 2021 Annual Construction program and 6-Year TIP (2021-2026). Attachments: 1. Draft 2020 Annual 2. Draft 6-Year TIP (2020-2025) 3. Notice ANNUAL CONSTRUCTION PROGRAM FOR 2021 TOTALS'S COUNTY>>[--`_---MASON- A TOTAL COSTRUCTION DONE-columns(13)+(14) $ 6,194,975 DATE RECOMMENDED FROG.SUBMITTED I July 30,2020 1 B COMPUTED COUNTY FORCES LIMIT $ 1,270,108 DATE OF FINAL ADOPTION[ ) C TOTAL COUNTY FORCES CONSTRUCTION-(column(14) $ 951,300 ORDINANCE/RESOLUTION NO. DATE OF AMENDMENT) (1) (2) (3) (4) (5) (6) (7) (8) 1 (9) 1 (10) (11) (12) (13) (14) (15) o, o z Ci = p SOURCES OF FUNDS ESTIMATED EXPENDITURES w u r7 O w z t ROAD SEGMENT INFORMATION O w "' „ OTHERFUNDS CONSTRUCTION n Z PROJECT NAME Z'n COUNTY g uS J c,"'i, PE&CE RIGHT OF WAY GRAND TOTAL G ROAD PROGRAM COUNTY z r z a AMOUNT (595.10) (595.20) CONTRACT (ALL 595) (Miles) a FUNDS SOURCE FORCES a ROAD# ROAD NAME BMP EMP FFC �01 1 _ E.Agate.RRad Resurfacing Project 23910_E.Agate road_ 3A0. 3.78 07 0.68 D " E' 61,542 394,324 STP - 30,000 2_ 0 _425,866 _ 0 455;866 02 2 Old Belfair Highway Resurfacing Project 98250 Old Belfair Highway 0.20 1.20 07 1.00 D E 57,890 370,919 STP 30,000 0 398,809 0 428,809 03 3 Boyer Road Resurfacing Project 3f 30 Boyer Road 0.00 0.50 09 0.50 RC E 168,9D0 0 0 0 168,900 168,900 _ �. . __ __.-.._...,_ - __ __.... 04 04 4 Snider Road Resurfacing Project 19210 Snider Road 0.00 0.18 09 0.18 RC E 94,700 0 0 0 94,700 94,700 4 _,__._._...T ,.__ ..__ u _ .�.._._ ..._. 05 5 Sunny Slope.Road Resurfacing Project fi1950. Sunny Slope.Road 0.00 D.55 09 0.55 RC E 222,700 - 0 0 01 222,700 222,700 06 6 Programmatic Bridge Repair Various 0.00 1 E 65,0000 10,000 5,000 25,000 25,000 65,000 07 7 County_Wlde Small CapifalProjecti Various 0.00 Other. E 100,000 - 0 10,000 5;000. 45;OOD 40,000 _ 100,000 08 8 Neighborhood Roadway Safety Grants Various 0.00 Other E 10,000 0 10,000 10,000 09 - 9 Bear Creek Dewatto Rd Clear Zone 79800 Bear Creek-0ewatto Roa 5,20 6:70 08 1.50 G I 333,500 226,500 HSIP $,000 30,000 525,000 0 560,000 10_ 10 Uncle Johns Upper Culvert._ 23500 APate Loop 0.64 0.64_ 090.00 L,A E 2,000 18,000 FBRB(RCO)__20,000 0 0 '0 -20,000 11 11 Uncle Johns Lower Culvert 23500 Agate Loop 1.02 1.02 09- 0.00 L,A 1 10,000 50,000 FBRB�(RCO) 60,000 0 0 -0 60,000 12, 12 Dayton Creek Culvert -_ _04450 Highland Road 0.33 Oy33__07 0.00 LA E - ,000_ -25,000 FBRB(RCO) 15,000 15,000 0 0 30,000 13 13 Hars[ine Island Polyester Overlay 30000 Harstine Island Road 0.12 0.40 07 0.28 D J 405,000 2,595,000 STPR 740,000 0 _ 2,260,000 0 3,000,000 vements Arcadia,Highland,Matlock,Kamilche.4 14 Clear Zone lmiii . 0.00 G I 121,500 1,0S0,500 HSIP 99000 22,000.: 1,094,000 0 1,215,000 15 15 Shelton Matlock Rd Culvert Replacement 9 Y01011_ Shelton Matlock, ad 8.03 8.03__07 000 L,A_�I- 68,000 432,0OR RAP _ 20,202 20,000 460,000 0 500,000 16 16 Belfair Connector-Log Yard Road E New Log Yard Road E' 09 0.00 A,B,D, S 250,000 D _ 200,000 50,000 0 0 250,000 17 17,,_B�elfav Connector-Romance Hill 66500 Romance Hill _09. _000 A,B,D, 5 _100,000 0 50,000 50,000 0 0 100,000 18_ 18 Skokomish Valley Rd Reconstruq!on 41640 Skokomish Valley Road 3 80 4.60 08 0.80 A,B,D, i 0 10,00!) FbD ---10,000 0 0 0 10000 19 19 North Shore Rd-Cady Creek Culv.Repl. 70390 North Shore Road 6.90 7.00 08 0.10 A,B,D, 1 5,006 -50,000 RAP 55,000 0 0 0 55,000 20 20 North Island Dr Culvert Replacement ,39630_North Island Drive _ 3.46 3 47 OT 0.01. LA I 6,000 ^34,000_ RAP __40,000 0 0 _ 0 40,000 _---------_ ._. ...-._ _................ 21 21 Hamer Adams Rd Culvert Replacement 00610 Homer Adams Road 0.10 020 09 0.10 _ LA ) 45,000 0 20,000 25,000 0 0 45,000 22 22 North Shore Rd-Great Bend Culy Repl. 70390 -------.._ _.� _.._._ .. �_.:___..._ _ - RAP -_ ...-..T__...__.._ ._....-_ u___._-_ ,.._. 23. 23 J Old Belfair H ghway 98250 Old Belfair Wghway 120 4 �l ,000 10 000 �P 10,000 40,000 - 0 0 50 000 L _24 - 24 Allyn Access Circulation ROW Acquisition TBD_ Wheelwnght,Wade,Masterson. F 0,000 0 0 150,000 0 0 150,000 q� I __ -1 PAGE/PROGRAM TOTALS,CONSTRUCTION 2,381,732 5,659,243 1,345,000 422,0001 5,233,675 951,300 8,040,975 CRAB FORM 113,MC REVISED 9/16/2020 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- ivipomPO:Peninsula Amend Date: Resolution No.: Project Identification--"" "`- ` "-""-'-- "_ -" _ --_ '-'" "'Project Costs in Th6usands of Dollars- -' "' - Federally Funded- A. Federal Aid No. B. Bridge No. rn - Fund Source Information Expenditure Schedule Projects Only C. Project Title w Federal Fundin R/W c '� D. Street/Road Name of Number .o z Phase 'Federal Federal State 4t11 Required a' o.z. E. Beginning MP or road-Ending MP or road o n.a Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru EnvirType Date F. Describe Work to be Done ~ mm/dd/ Code Phase Source Funds Funds Funds 6th mm/ 1 1 3 6 8 9 10 11 12 13 14 1 15 161 17 18 19 20 21 CRP PE 1/l/2021 STP 25.95 4.05 30 151 15 E.Agate Road Resurfacing Project RW 07 1 Rd.No.:23910 0.68 CN 6/1/2021 STP 368.374 57.491 425.865 212.9 212.93 E WA From: MP 3.10 To: MP 3.78 Total 2021 Pro ecl'Cost $'465,8651 TOTALS 394.324 61.541 455.865 15 15 212.9 212.93 CRP PE 1/1/2021 STP 25.95 4.05 30 15 15 Old Belfair Highway Resurfacing Project RW 07 2 Rd.No.: 98250 1.00 CN 6/1/2021 STP 344.969 53.839 398.808 199.4 199.4 E N/A From: MP 0.20 To: MP 1.20 Tota12021 Project Cost Y $428,8081 TOTALS - 370.919 57.889 428.808 15 15 199.4 '199.4 CRP PE Boyer Road Resurfacing Project RW 09 3 Rd.No.: 03630 0.50 CN 6/1/2021 168.9 168.9 168.9 E N/A From: MP 0.00 To: MP 0.60 Gravel to Chip Seal Total 2021 Project Cost $168,900) TOTALS -- 168.9 168.9 168.9 CRP PE Snider Road Resurfacing Project RW 09 4 Rd.No.: 19210 0.18 CN 6/1/2021 94.7 94.7 94.7 E N/A From: MP 0.00 To: MP 0.18 Gravel to HMA Totaf2021-Pro'ectCost $'94,700! TOTALS' 94:7' 94.7 94:7 CRP PE Sunny Slope Road Resurfacing Project RW 09 5 Rd.No.: 61950 0.65 CN 6/1/2021 222.7 222.7 222.7 E N/A From: MP 0.00 To: MP 0.55 Gravel to Chip Seal Total 2021 Project Cast $222,7001 TOTALS - 222.7 222.7 222.7 07 PE 10 10 10 08 Programmatic Bridge Program RW 5 5 5 09 6 _ CN 50 50 50 17 18 19 Total 2021'Pro'ect Cost $65 0001 TOTALS., 65 65 10 6 50 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safely ImIm m�xpmean - ransportation Alternatives Program Emergency Management funds CN-ConsWction RATA-Rural Arterial Tru Brian Abbot Fish Barrier Removal Board Page 1 of 6 Six Year Transportation Improvement Program Agency. Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. -- MPO/RTPO:Peninsula Amend Date: - Resolution No.: "Project Identification-- - - -- "' '- - - - Pro ecfCosts in Thousands of Dollars Federally Funded A. Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule Projects Only oE C. Project Title J w Federal Fundin RAN a. D. Street/Road Name of Number .o t Phase Federal Federal State 4Ih Required ii Z E. Beginning MP or road-Ending MP or road rg- a a Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Envir Type Date F. Describe Work to be Done (mm/dd/ Code Phase Source Funds Funds Funds 6th mm/ 1 3 6 1'e 9 10 11 12 13 14 15 16 17 18 19 20 21 07 PE 10 10 10 10 10 30 08 County-Wide Small Capital Projects RW 5 5 5 5 5 15 09 7 _ CN 85 85 85 85 85 255 17 18 19 Total 2021 Project Cost $100,000 TOTALS 100 100 100 100 100 300 07 PE 10 10 10 08 Neighborhood Roadway Safety Grants RW 09 8 _ CN 17 18 19 Total 2021 Pro ect Cost $10,000: TOTALS '" 10 10 10 CRP 2006 PE 1/1/2015 HSIP 4.5 0.5 5 5 Bear Creek Dewatto Road Clear Zone RW 2/1/2021 HSIP 15 15 15 07 9 Rd.No.: 79800 1.50 CN 4/1/2021 HSIP 222 318 540 540 DCE 2/21 From: MP 5.2 To: MP 6.7 Clear Zone Project Tail 2021'Pro ect Cost"" $56 -4'0,000; TOTALS HSIP 226.5 ' '" '� 333'.5 '`560 560 -" CRP2022 PE 12/1/2020 RCO 47 8 55 55 5 Uncle Johns Upper Culvert RW 2/1/2021 10 09 10 Rd.No.: 23500 _ CN 7/1/2021 RCO 430 From: MP 0.64 To: MP 0.64 Replace existing culvert with a new structure Total 2021 Project Cost LL $65,600} ITOTALS 47 8 65 55 445- CRP 2023 PE 12/1/2020 RCO 298 52 350 350 50 Uncle Johns Lower Culvert RW 1/1/2021 20 09 11 Rd No.:23500 _ CN 7/1/2023 2580 From MP 1.02 To:MP 1.02 Remove existing culvert_and replace as needed Total 2021 Project Cost ,$350,000, TOTALS - 298 52 350 350 70 2580 CRP2024 PE 7/1/2020 RCO 47 8 55 55 5 Dayton Creek Culvert RW 2/1/2021 10 07 12 Rd No:04450 CN 8/112021 RCO 430 From MP 0.33 To:MP 0.33 Replace existing culvert with a new structure Project Total 2021 Prot Cost $55,000' TOTALS 47 8 55 55 445 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Im tMFTB anspdrtation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trus conBrian Abbot Fish Barrier Removal Board Page 2 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Dale: Resolution No.: ' PrpjecCldentifidatioh"- �'` �-'"'---" `'' -'�--` �"-�'"�� -`` -_"`" ' ' -�Pro edCCosfs ih Thousa`nds of Dollars- � � '"- Federally Funded ' A Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Projects.Onl P o E C. ProjectTiLe J N Federal Fundin R/W c D. Street/l2cad Name of Number �, •o t Phase Federal Federal State 4th Required LL a.Z E. Beginning MP or road-Ending MP or road 'o a a Start Fund Cost by Fund State Local Total 1st 2nd 3M thru EnylrType Date F. Describe Work to be Done ~ mmldd/ Code Phase Source Funds Funds Funds 6th mm/ 1 3 1 6 8 1 10 11 12 13 11 15 16 17 18 19 20 21 PE 2/1/2021 STPR 730.01 9.99 740 370 370 Harstine Island Polyester Overlay RW 07 13 Rd.No.: 30000 0.10 CN 6/1/2021 1954.9 305.1 2260 753.3 753.3 753.33 From:0.12 To: 0.40 Deck Repair T6ta12621 Pro ect Cost $3,0060601 TOTALS 2684.91 315.09 3000 370 1123 753.3 753.33 Clear Zone Improvements PE 5/1/2020 HSIP 89.1 9.9 99 49.5 49.5 07 Rd.No.:91100-Arcadia Road RW 7/1/2021 HSIP 19.8 2.2 22 22 07 14 Rd.No: 04450-Highland Road 14.76 CN 1/31/2022 HSIP 984.6 109.4 1094 64.7 54.7 07 Rd.No.: 90100-Shelton Matlock Road 08 Rd.No.: 14880-Kamilche Point Road Tota12021Pro'ect Cost-^ $TM,0061 ITOTALS 1093.5 121.5 `9215 '49.5 71.5 54.7 54.7 CRP 1993 PE 1/1/2019 RATA 16.851 3.148 19.999 20 Shelton Matlock Road Culvert Replacement RW 9/1/2020 20 20 20 07 15 Rd.No.: 90100-Shelton Matlock Road _ CN 7/15/2021 RATA 387.59 72.407 459.999 460 From: MP 8.03 To: MP 8.03 Replace existing culvert with a new structure ...,.-b .., _ Tota12021 Rro'ect Cost � `$499,998'i TOTALS °'�^ � � � 404.44'95.555 499.998. 20 20 460 CRP PE 1/1/2020 200 200 200 200 Belfair Connector-Log Yard Road E RW 10/1/2020 50 50 50 100 16 Rd.No.: _ CN 3/1/2021 From: SR3 To: Belfair Freight Corridor Design for new construction _ C Tota12021.Proect1-0sf CosL -� •'$250,000i TOTALS ^' - " +" � 250 �� 250 •°250 300 CRP2019 PE 6/1/2019 50 50 50 Belfair Connector-Romance Hill RW 7/1/2020 50 50 50 09 17 Rd.No.: 86500 _ CN 3/1/2021 From:SR 3 To: Belfair Freight Corridor Design for new construction _ Total 202fPro ect Costs $100;0601 TOTALS- 100 100 100 PE 1/1/2018 FbD 10 10 10 Skokomish Valley Road Reconstruction .RW 1/2/2022 08 18 Rd.No.:41640 040 CN 3/1/2023 FLAP d1600 TBD From: MP 3.8 To: MP 4.6 Road reconstruction partner w/M_ason Cons Dist$8M total project cost Total 2021 Project Cost $10,0601 TOTALS 10 10 101 1 1600 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety ImT t r A nsportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trustcan //� F -Brian Abbot Fish Barrier Removal Board Page 3 of 6 • f Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project Identification."`" -'� � - '-- ��"" `- " " "-—- - '"``"- Pro ed'CoSts Ih Thousah'ds-of Dollars -� ��- -" � - -�- - ` Federally Funded' ' m A.Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule Projects Onl C. Project Title J °w Federal FundingR/W o E D.Street/Road Name of Number •o z Phase Federal Federal Slate 4lh Required u'. Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1st 2nd 3rcl thru Envir Type Date F. Describe Work to be Done ~ (mm/dd/ ) Code Phase Source Funds Funds Funds 6th mm/ 1 3 1 6 8 9 1 10 11 12 13 14 15 16 17 181 19 20 21 CRP 1995 PE 6/1/2019 RATA 50 5 55 55 20 North Shore Road-Cady Creek Culvert Replacement iRW 1/1/2021 20 08 19 Rd.No.: 70390-North Shore Rd 0.10 CN 7/1/2022 RATA 500 From: MP 6.9 To: MP 7.0 Replace existing culvert with a new structure Total 2021 Project Cost $55,0001 TOTALS 50 5 55 55 40 500 CRP2011 PE 6/1/2019 RATA 34 6 40 40 North Island Drive Culvert Replacement RW 1/2/2021 20 07 20 Rd.No.: 39630-North Island Drive 0.01 CN 7/15/2022 RATA 1 720 From: MP 3.46 To: MP 3.47 Replace existing culvert with a new structure Total 2021 Project Cost $40,06D', TOTALS 34 6 40 40 20 720 CRP 2001 PE 10/1/2019 5 5 5 25 Homer Adams Road Culvert Replacement RW 3/1/2020 10 09 21 Rd.No.:00610 0.10 CN 8/1/2020 300 20 From: MP 0.1 To: MP 02 Reconstruction T61612021ProectCost "'$5,000 TOTALS 5' "5 5 35 300 � 20 CRP 2021 PE 3/1/2020 RATA 5 5 10 10 60 North Shore Road-Great Bend Culvert Replacement RW 1/2/2022 20 08 22 Rd.No.: 70390 0.10 CN 7/1/2024 RATA 500 From: MP 16.6 To: MP 16.7 Replace existing culvert with a _new structure Total 2021 Pro ect Cosl $10,0001 TOTALS 5 1 5 10 ^10 60` 20"` 500 CRP 2020 PE 3/1/2020 RATA 8.5 1.5 10 10 50 50 10 Old Belfair Hwy RW 5/1/2023 100 08 23 Rd.No.: 98250 040 CN 4/1/2024 RATA 1200 From: MP 1.2 To: MP 1.6 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2021 Project Cost $10,000 TOTALS - 8.5 -1.5 10 10 50 50 1310 Allyn Access,Circulation Easement Acquisition PE Wheelwright,Wade,and Masterson ROW RW 9/3/2019 160 150 150 40 24 Rd.No.: TBD CN From: To: ROW acquisition Total 2020 Project Cost $150,000 TOTALS 150 150 150 40 PE 40 Mason Benson Intersection Safety RW 10 07 25 Rd.No.: 63010 0.10 CN 300 From: MP 2.5 To: MP 2.6 Improve sight distance Total 2020 Project Cost TOTALS Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP-Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Im oMansportation Alternatives Program Emergency Management funds ff CN-Construction RATA-Rural Arterial Trus Brian Abbot Fish Barrier Removal Board Page 4 of 6 r Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Dale: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: Resolution No.: Project Identiflcatidn --" `_ "' -" -"'" -Pro ect Costs in Thousands'of Dollars - 'Federally Funded w A. Federal.Aid No. B. Bridge No. a, "Fund Source Information Expenditure Schedule Pro'ects Only o h C. Project Title Federal Funding R/W U a D. Street/Road Name of Number o t Phase Federal Federal State 4th Required E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru EnvirType Date F. Describe Work to be Done ~ mm/dd/ Code Phase Source Funds Funds Funds 6th mm/ 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PE RAP 36.9 4.1 41 41 Shelton Valley Culvert RW 9 1 10 10 26 Rd.No.: 05930 0.12 CN 455.4 50.6 606 506 506 From: MP 1.94 To:2.06 Replace existing culvert with new structure(winter creek) Total 2020 Project Cost $657,000 TOTALS 501.3 55.7 667 606 41 516 PE 1/2/2021 100 350 Trails Road Alternate Route-Rasor Road RW 6/l/2022 125 27 Rd.No.:62310 _ CN 6/1/2023 3000 From: MP To: MP Partial New Construction` _-_-— .......—-.-..-- .,-.._ Total 2020 Project Cost '. a •TOTALS 100 '475 3000 PE 1/1/2025 400 Trails Road Realignment RW 10/1/2025 50 07 28 Rd.No.:62310 0.40 CN 4/1/2026 From: MP 0.5 To: MP 1.6 Curve Realignment _ Total 2020 Pro ect Cost _ - 1 TOTALS 460 PE 6/1/2023 210 Log Yard Road W Freight Upgrade RW 7/1/2024 50 29 CN 4/1/2025 1325 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Pro ecl Cost v -- 7 TOTALS 1685 PE 6/1/2021 40 Clifton,Old Belfair Hwy,SR 300 Feasibility Study RW 30 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 40 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Im tMnrn.,.portation AitemativesProgram Emergency Management funds CN-Construction HSIP -Rural Arterial Trus co ri Abbot Fish Barrier Removal Board Page 5 of 6 s Six Year Transportation Improvement Program Agency: Mason County From 2021 to 2026 Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Dale: Resolution No.: Project Identification -Project Costs/ri ThousaniJsofDollars- -" -" - --'" - ' "� Federally'Fundetl J - A. .der.,Aid No. B. Bridge.No. rn *Fund Source Information Expenditure Schedule Project Only 9 " a C. Project Title `m .. N Federal FundingR/W aE D. StreeURoad Name of Number o t Phase Federal Federal State 4th Required ri Z E. Beginning MP or road-Ending MP or road o a a .Start Fund Cost by Fund State Local Total 1st 2nd 3rd thru Envir Type Date F. Describe Work to be Done ~ mm/dd/ Code Phase Source. Funds Funds Funds 6th mm/ 1 3 6 8 9 10 11 12 1 13 14 1 15 16 17 18 19 20 21 PE 6/l/2021 120 Frleght Corridor Trail RW 31 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020`Pro ect Cosi I TOTALS TOTALS 4.00 4770.15 1405.2 2292.6 8467.971 2636 3711 3936 13431 Future Considerations/Wishlist Completion of Trails road Altemate Route-Rasor Road in phases Cloquallum Road MP 4.6 to 5.2 curve realignments Cloquallum Road MP 6.6 to 7.2 widening Shelton Matlack Road MP 15.36 to 16.5 realign pave shoulders Johns Prairie Road add paved shoulders RR tracks to old capital hill rd Guardrail upgrades-Brockdale,McReavy,and Johns Prairie Terrace Blvd Road and Hwy 101 intersection-partner project with WSDOT Brockdale and Island Lake Road intersection-partner project with City of Shelton Illumination intersections county wide Union Boat Launch Resurfacing Trail near Roessel Road New Roads Consideration McEwan Prairie to Brockdale 101 connection Johns Prairie and Hwy 3 connection Connection between Cloquallum and City Center exit Phase Funding BRAC-Bridge Replacement Advisory Committee FBRB-Brian Abbot Fish Barrier Removal PE-Preliminary Engineering STP-Surface Transportation Program (Now Local Bridge Program) BoardFLAP-Federal Lands Access Program RW-Right of Way HSIP-Highway Safety Im tMFTT-sp0p`crta` an Partnerships EM-Federal Emergency Management Act and State CN-Construction RATA-Rural Arterial Trus co tion Alternatives Program Emergency Management funds Page 6 of 6 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two public hearings in the Commissioners Chambers of Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington 98584, on Tuesday, November 3, 2020, at 9:15 a.m. SAID HEARINGS will be to consider adopting: 1) Mason County's 2021 Annual Construction Program. 2) Mason County's Six Year Transportation Improvement Program for years 2021 to 2026. Pursuant to Proclamation by the Governor 20-28.9, in-person attendance to Commission meetings is temporarily restricted and during this time we will accept public testimony using Zoom. The URL is available on the County website—www.co.mason.wa.us to sign into the meeting. Please use the "raise hand"feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmithgco.mason.wa.us or mail to Commissioners Office, 411 North 5ffi Street, Shelton, WA 98584; or call 360-427-9670 ext. 230. 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. DATED this day of , 2020. BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton,WA 98584 cc: Commissioners Community Development Public Works Shelton Journal: Publ.2t: & MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Surplus of Personal Property EXECUTIVE SUMMARY: ER&R has vehicles and equipment that have been replaced or are no longer needed. The attached notice lists of all of these items requested to be declared surplus and disposed of at an auction through Washington State Surplus (vehicles) and/or Ritchie Bros. Auctioneers/Gov Planet (equipment). This process is pursuant to the County's comprehensive procedure for the management of County property (Ordinance 84-04, Mason County Code Chapter 3.40, Management and Disposition of Property) and the laws of the state of Washington. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize ER&R to declare the attached list of vehicles and equipment as surplus and allow ER&R to dispose of pursuant to Mason County code and state laws and allowing the Public Works Fleet Supervisor sign the Sourcewell Multi- Channel Sales Agreement. Attachment: 1. Notice 2. Vehicle/Equipment parts list information 3. Contract NOTICE OF SALE The Board of Mason County Commissioners has declared the following vehicles and equipment as surplus and will be disposed of at public auction. Vehicle List: Equipment List: Year Description Year Description 2003 Ford Taurus 2009 Volvo 1996 Ford Ranger 1986 Cat Bucket Loader 2006 Ford F-150 1997 Cat Backhoe 2002 Chevy Blazer 1978 Entyre Tanker 2009 Ford Escape 2006 Bomag Roller 2005 Ford Explorer 1995 Pro-patch box 2004 Ford F-550 2000 John Deere Brush Cutter 1990 International Patch Truck 1970 Hyster Roller 1997 Jet Truck 2004 John Deere Backhoe 1984 Peterbilt Tractor 1994 Vac Truck 1997 Mack Dump Truck 1997 Mack Dump Truck Auctions will be held through Washington State Surplus Program (7511 New Market Street, Tumwater, WA 98512; Phone (360) 753-3508) and/or Ritchie Bros. Auctioneers/Iron Planet (214 Ritchie Lane, Chehalis, WA 98532; Phone: (360) 767-3000). Auction information regarding these items can be found on the Washington State Surplus web site: www.publicsurplus.com and the Ritchie Bros. Auctioneers web site: www.rbauction.com. Dated this day of October,2020 BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board. cc: Cmmrs Engineer Journal (Shelton): Publ. 1t: 10/15/20& 10/22/20 September 2020 - Surplus List Vehicles VEHICLE# YEAR DESCRIPTION DEPT ODOMETER REASON FOR SURPLUS No longer needed because we don't have a 2 2003 Ford Taurus PW/Road 83383 rental fleet anymore. No longer needed because we don't have a 110 1996 Ford Ranger PW/Road 94577 . rental fleet anymore Body damage/poor condition. Cost more to fix 130 2006 Ford F-150 Sheriffs 177,307 than it's worth 172 2002 Chevy Blazer PW/Road 113,329 Body damage? Cost more to fix than it's worth 176 2009 Ford Escape PW/Road 116,616 Wash down to utilities? 193 2005 Ford Explorer PW/Road 182,545 Poor condition/high miles 212 2004 Ford F-550 PW/Road 81928 Very rusted under carriage from de-icer and salt 305 1990 International Patch Truck PW/Road 70213 Replaced in 2019 307 1997 Jet Truck PW/Road 24284 Water pump no longer puts out full pressure. 401 1984 Peterbilt Tractor PW/Road 423450 Too light-duty for us. Can't haul heavy loads. 402 1994 Vac Truck PW/Road 205741 Debris body is completely rusted out. Dump bed rusted and rear suspension needs 411 1997 Mack Dump Truck PW/Road 8765 re-built and hood is broken. 412 1997 Mack Dump Truck PW/Road 7197 Dump bed rusted out. Not legal for the road Equipment EQUIPMENT# YEAR DESCRIPTION DEPT REASON FOR SURPLUS Very delicate blade circle always needs new shims, 503 2009 Volvo ER&R brakes don't work properly. 601 1986 Cat Bucket Loader ER&R Transmission needs rebuilt 612 1997 Cat Backhoe ER&R All boom & bucket pins loose. Needs re-pinned 613 2004 All boom & bucket pins loose.Was replaced with new John Deere Backhoe ER&R machine in 2020 807 1970 Brakes not working properly& no ROS for rollover Hyster Roller ER&R protection. 2000 Boom pins very loose and transmission not shifting 810 John Deere Brush Cutter ER&R properly. Booms needs to be replaced. 813 1995 Pro-patch box ER&R Replaced in 2019 with new Pro-patch 850 2006 Bomag Roller ER&R Too small for the work we do, we need a bigger model. 1978 Non-heated tank,so we cannot store oil in it for 948 Entyre Tanker ER&R extended periods. SOURCEWELL (formerly "NJPA") OPLANETO MULTI-CHANNEL SALES AGREEMENT LEGAL NAME OF AGENCY: DATE: SOURCEWELL MEMBER NO.: REGIONAL MANAGER,GOVERNMENT: This MULTI-CHANNEL SALES AGREEMENT(this"Agreement")is entered into as of the date first written above(the"Effective Date")by and between the entities set out in Schedule B (collectively, the "Company") and the customer identified above (the "Agency") for the sale of Equipment through the Marketplaces or a Live Auction Event. This Agreement covers Surplus Equipment Liquidation contract #041316 administered by Sourcewell (formerly, the National Joint Powers Alliance, or"NJPA"). All physical offsite services are governed by Sourcewell contract#041316-RBA and all other services are governed by IronPlanet, Inc.Sourcewell Contract#041316-IPI. Agency Address Authorized Representative Title of Authorized Representative Email Telephone • The Agency authorizes Company to offer and sell the equipment listed on one or more lists of equipment provided to Company in the form attached as Schedule A ("Equipment") for sale by Company through one or more of Company's online marketplace events hosted by www.govplanet.com (each a "Marketplace") and/or through an unreserved public auction occurring at a Company site or designated offsite location(the"Live Auction Event"),as indicated by the"Sale Type"selected by the Agency and noted on Schedule A. Company hereby extends the following sales options to Agency for its disposition needs and Agency shall indicate its selection of a transaction type by initialing next to the desired option(s). Options Selection Terms and Fees Online Onsite Auction Revenue will be shared 85%/15%with 85%going to the Agency and 15%going to Company. (Sold online from 'Auction Revenue'is defined as the gross selling price of a unit plus the buyers transaction fee. Agency's location) (Agency initials) Online Offsite Auction Revenue will be shared 80%/20%with 80%going to the Agency and 20%going to Company. (sold online but *Auction Revenue'is defined as the gross selling price of a unit plus the buyers transaction fee. transported by Company (Agency initials) to offsite location) Do It Yourself Commission. Company will be entitled to a commission of 2_5%for items that sell on GovPlanet (Self-listings through Direct. GovPlanet Direct) (Agency initials) Physical Offsite Commission. For Equipment sold through a Live Auction Event, Company will be entitled to a (Sold offsite at commission based on the gross sale price and other fees as set forth below: Company's location) (Agency initials) (a) 9.5%for any lot in excess of$2,500.00; and (b) 19.5%for any lot realizing$2,500.00 or less,with a minimum fee of$100.00 per lot. Refurbishment. The Agency elects to have Company arrange for the welding, sandblasting, painting, cleaning, and other refurbishing (the "Refurbishing") of the Equipment to a standard acceptable to Company. ❑YES OR ❑ NO Should Company organize and pay for the Refurbishing of any part of the Equipment, Company will be reimbursed for these costs plus 10% provided that the total cost will not exceed dollars($ )without the Agency's consent. Fuel/Batteries Cost. The Agency will reimburse Company for the cost plus 10% of fuel and batteries as Company deems necessary for demonstration and sale of the Equipment. Proceeds Unless otherwise specified in writing,the Agency acknowledges that there is no guarantee whatsoever as to the gross proceeds to be realized from the sale of the Equipment. Terms&Conditions All sales of Equipment will also be subject to the terms and conditions set out in Schedule B to this Agreement(the "Terms and Conditions"). Sourcewell Govt.Annual Califomia 01/28/2020 • 10 �.. The Agency hereby appoints Company as its attorney-in-fact with a limited power of attorney ("LPOA") to execute on the Agency's behalf, all documents necessary and required to transfer title to,and permit registration of ownership of,any portion of the Equipment to the buyer;provided, however, if original titles or a notarized LPOA are required by federal,state, provincial or local regulation to transfer title,the Agency will provide Company with either, as applicable, (i)signed original titles, or(ii)a notarized LPOA and unsigned original titles at least two weeks prior to the Live Auction Event or the time of listing for the Marketplace(s). Failure to provide title(s)and/or an LPOA as required will prevent the Equipment being made available for sale until such documentation is provided. a � ARE THERE ANY LIENS ON THE EQUIPMENT? ❑YES OR ❑ NO AGENCY'S INTERNAL CONTACT REGARDING LIENS AND TITLES (Name/Phone/Fax/Emain: 1. If"Yes", please provide information for each of the lien holders as requested in the applicable Schedule. 2. Unless otherwise disclosed in the applicable Schedule, the undersigned, on behalf of the Agency, represents and warrants that all Equipment is or will be free of all liens,charges,security interests,tax or duty obligations or other encumbrances(the"Encumbrances")prior to being placed for sale in a Live Auction Event or on the Marketplace(s). 3. The Agency:(i)authorizes Company to conduct lien searches on the Equipment; (ii)authorizes Company to contact potential lien holders for the disclosure of Encumbrances and to obtain pay-off balances and releases;(iii)consents to the release to Company of any and all information pertaining to any such lien, charge, encumbrance or security interest; and (iv) assigns proceeds from the sale of the Equipment as may be required to discharge and satisfy all charges, liens, claims and encumbrances in respect of the Equipment. Q Trademarks In connection with the Agency's use of the Marketplace and/or Live Auction Event,Company may use the Agency's name, trademark, logos, service marks and other designations ("Marks") to list the Agency as a reference customer and to advertise, promote and market the Equipment.The Agency hereby grants to Company and represents and warrants that the Agency has a right to grant, a non-exclusive, worldwide license to use, publicly display and perform, reproduce, and distribute the Marks, solely as permitted in this Agreement, including distributing a-mails to potential buyers that incorporate Marks. Entire Agreement; This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all Priority previous communications, representations, understandings and agreements, either oral or written, between the parties. In the event of a conflict between the provisions of this Agreement and the Terms and Conditions, this Agreement will control. Equipment Details Set forth on Schedule C are supplemental Equipment details required for inspection and buyer pickup. Counterparts This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. Execution and delivery of this Agreement may be evidenced by facsimile, PDF, electronic signature, or acknowledgement email and will hold the same force and effect as an original signature for purposes of binding the parties. Term The term("Term")of this Agreement shall follow the duration of the Sourcewell(formerly NJPA)contract which expires on June 22, 2021. The Agency may request the sale of further equipment during the Term by providing Company with written notification, including a description of the equipment, the proposed platform and auction date and location(if applicable). Company will indicate acceptance by providing the Agency with a schedule in the form of Schedule A for both parties to initial. Notice Any notice to Company must be in writing and must be sent via email and by registered mail or overnight courier to the applicable contracting entity at the address set out in Schedule B. Notice to the Agency must be in writing and shall be sent to the address provided by the Agency in this Agreement. Notice shall be deemed to have been given upon three(3) business days after posting by registered mail or one(1)day after delivery to an overnight courier. If the Agency changes its address,the Agency is responsible for providing an updated address to Company. Currency and All prices noted in this Agreement are listed in the currency of the country in which the Equipment is located at the time Payment such Equipment is offered for sale.The same currency is to be used for invoice and payment. Company Structure Ritchie Bros.Auctioneers Incorporated is the parent company of IronPlanet, Inc.and Ritchie Bros.Auctioneers(America), Inc., the entities performing the services outlined herein. IronPlanet, Inc. operates the online Marketplaces and Ritchie Bros.Auctioneers(America),Inc.operates the Live Auction Events. GovPlanet is a d/b/a of IronPlanet, Inc.,dedicated to the management and support of government agencies by offering the combined services of the Company as outlined herein. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date, and each represents and warrants to the other that it has validly entered into this Agreement and has the legal power to do so. Sourcewell Govt.Annual Califomia 01/28/2020 rene ® e t i AGENCY: IRONPLANET,INC. By: By: Name: Name: Title: Title: Date: Date: RITCHIE BROS.AUCTIONEERS(AMERICA)INC. By: Name: Title: Date: Sourcewell Govt.Annual Califomia 01/28/2020 ,CONFIDENTIAL P, 16 SCHEDULE A TO AGREEMENT SAMPLE EQUIPMENT LISTING REQUEST FORM AGENCY: DATE OF SUBMISSION: DATE OF MULTI-CHANNEL SALES AGREEMENT: Pursuant to the terms and conditions of the Multi-Channel Sales Agreement referenced above by and between Company and Agency,Agency hereby authorizes Company to place the following Equipment for sale through the Marketplace or Live Auction Event, as applicable: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Agency Company LEGEND: Sale Type: WO=Weekly On-Line; GPD=GovPlanet Direct Inspection Reqs: FI=Full Inspection BN=Buy Now; R=Reserve B=Photos and Basic Functionality MO=Make Offer; LAE=Live Auction Event PO=Photos Only(non-powered units) Sourcewell Govt.Annual California 01/28/2020 GONPIMNTIAL •.. SCHEDULE B TO AGREEMENT TERMS AND CONDITIONS The following terms and conditions (the"Terms and Conditions")apply to the sales of Equipment by Company under the Agreement. The Terms and Conditions are separated into three sections:A)Terms and Conditions applicable to both Online Marketplaces and Live Auction Events, B) Terms and Conditions applicable to Online Marketplaces only, and C) Terms and Conditions applicable to Live Auction Events only. A)Terms and Conditions applicable to both Online Marketplaces and Live Auction Events 1. Contracting Parties. The contracting parties for Company are defined based upon the sales channel of Equipment as set forth in the following table: Company Contracting Entity Notice Address Live Auction Event 4000 Pine Lake Road Ritchie Bros.Auctioneers(America)Inc Lincoln, NE USA 68516 Online Marketplaces Attn: Legal Counsel IronPlanet, Inc. legal@ritchiebros.com 2. Representations. You represent and warrant that: (i) no Equipment shall be fraudulent, stolen or counterfeit; (ii)You are duly authorized to enter into the Agreement and sell such Equipment;(iii)You are solvent and have not made any assignment,proposal or other proceeding for the benefit of its creditors; and (vi) You own all right, title and interest in and to the Equipment and the Equipment is free and clear of all liens or other encumbrances,except as otherwise disclosed by you to Company in writing. 3. Risk of Loss.You agree to have the equipment available for transportation,complete with ignition key,to the Buyer no later than one(1)business day after the conclusion of the sale. Agency shall be responsible for loss or damage to the Equipment,other than loss or damage arising as a result of negligence of Company, its agents and employees, until the earlier of: (i)the removal of the Equipment from the posted Equipment location by Buyer or Buyer's designated transportation provider or(ii)receipt by Agency of all proceeds from the sale of Equipment. Thereafter,the Equipment shall be and remain at the risk of Buyer or Buyer's designated transportation provider(and not Company).Company has no obligation to maintain insurance coverage pertaining to the Equipment in the possession of Company for purposes hereunder. 4. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE,COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER.CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF SUCH PARTY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Indemnification. Company shall indemnify and hold the Agency,its parents,subsidiaries and affiliates,and each of their directors, officers and employees,harmless from all losses,claims,damages,and expenses,including reasonable attorneys'fees(hereafter, "Liabilities"),arising out of or resulting from this Agreement to the extent caused in whole or in part by Company's gross negligence or intentional misconduct. To the extent allowed by law,Agency agrees to indemnify and hold Company, its parents,subsidiaries and affiliates, and each of their directors, officers and employees harmless from and against any and all losses, claims,damages and expenses arising out of or resulting from this Agreement and caused in whole or in part by the gross negligence or willful misconduct of the Agency. 6. Termination.Each party shall have the right, in its sole discretion,to terminate this Agreement with respect to new business upon thirty(30)days prior written notice to the other party; provided, however,that each party shall continue to perform their respective obligations in respect of equipment previously consigned pursuant to the Agreement and shall perform all work necessary for the orderly close-out of the services; after which time the Agreement will be terminated in its entirety. Company shall have the right, in its sole discretion, to terminate the Agreement or rescind the sale of Equipment to a Buyer in whole or in part in the event(a) there are liens, encumbrances or adverse claim on or to any Equipment in addition to those that are listed in the Agreement; (b) your net proceeds are insufficient to discharge creditor claims and pay Company's fees after title is cleared; (c)you are in breach of the Agreement;(d)you have provided inaccurate,fraudulent,outdated or incomplete information during the registration or Listing process or thereafter; (e)you have violated applicable laws, regulations or third party rights; (f) Company believes in good faith that such action is reasonably necessary to protect the safety or property of other customers, Company personnel or third parties; or (g) for fraud prevention, risk assessment, security or investigation purposes. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers, limitation of liability, and payment obligations for fees incurred prior to the termination date shall survive any termination of the Agreement. 7. General Provisions. The Agreement contains the entire agreement of the parties with respect to the sale of Equipment by Company and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties.This Agreement supersedes and replaces the terms in any Agency purchase order or other ordering document. You and Company are independent contractors. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable,then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of the Agreement shall not constitute a waiver of such right or provision. Any delay in the performance of any duties or obligations of either party will not be considered a breach of the Agreement if such delay is caused by a labor dispute,market shortage of materials,fire,earthquake,flood or any other event beyond the control of such party,provided that such party uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable. In Sourcewell Govt.Annual Califomia 01/28/2020 a ® '..- the event of an assignment, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. The Agreement shall be governed by the laws of the State of Washington. The United Nations Convention on Contracts for the International Sale of Goods and, if you are located in the United States, the Uniform Computer Information Transactions Act,do not apply.Any action against Company arising from or relating to this Agreement or any sale or consignment hereunder shall be commenced in a state or federal court in King County,Washington and you irrevocably consent to the exclusive jurisdiction of such courts. Information provided in this Agreement shall be retained by Company in accordance with its formal Privacy Statement, available at www.rbauction.com or www.ironplanet.com. B)Terms and Conditions applicable to Online Marketplaces only 1. Services of Company. Company offers you the use of the Marketplace,which functions as a platform on which you can list and advertise Equipment for sale to potential buyers("Buyers"). Each party is acting on its own behalf, and Company is not a party to the subsequent binding obligation to sell/buy the Equipment that is entered into between you and the Buyer. Nor does Company represent either party in the conclusion of such binding obligation. In consideration of your use of the Marketplace for the listing and advertising of Equipment for sale,fees as listed in the Agreement are payable by you. There are five listing formats available on the Marketplace: • Online Auctions.A service where you are able to list and advertise Equipment for sale to the highest bidder who meets or exceeds the opening bid. • Buy Now.A service where you are able to list and advertise Equipment at a Buy Now Price. • Make Offer.A service where you are able to list and advertise Equipment for sale to a bidder at the Asking Price or a Negotiated Price. • GovPlanet Direct. A service where you are able to self-list, advertise and manage the sale of business and surplus assets. • Reserve. A service where you are able to list and advertise Equipment for sale to the highest bidder in a reserved marketplace,where you set the Reserve Price. The Marketplace shall be the exclusive listing site for the Equipment, and you shall not offer for sale or sell the Equipment in any other manner from the Effective Date until the earlier of(i)the date such Equipment is sold via the Marketplace or(ii)the date you withdraw the equipment from the Marketplace in the event Equipment has not been sold,but in such event no less than ninety(90) days. You hereby extend an irrevocable offer to sell the Equipment, as applicable, (a)to a Buyer who is the highest bidder and who meets or exceeds the opening bid,the Reserve Price,or Asking Price,as applicable, (b)to a Buyer who commits to purchase Equipment at the Buy Now Price;or(c)to a Buyer who commits to purchase Equipment at the Negotiated Price. After the winning bid for a piece of Equipment has been established by Company or the Buyer has(a)committed to purchase the Equipment at the Buy Now Price or the Asking Price or(b)met or exceeded the Reserve Price at the end of the Reserve Period,the bid or purchase commitment of Buyer will be automatically accepted by you and a binding obligation to purchase and sell between you and Buyer is automatically concluded("Binding Obligation"). All applicable terms and conditions of this Agreement shall apply to the Binding Obligation. Further,for Make Offer listings,you may accept or counter an offer below the Asking Price.In the event that you accept an offer, or the Buyer accepts your Counter Offer(the "Negotiated Price"), the Binding Obligation is concluded, and all terms herein shall apply. Buyer and Agency will be notified of such Binding Obligation by an email or other notification that is generated automatically by the Marketplace. Subject to your receipt of payment for the Equipment,you, at your own expense,shall deliver a bill of sale and such other documentation as may be reasonably necessary to transfer title to the Equipment to Buyer. The timing of the sale of Equipment and opening bid shall be set by Company. Company shall use its best efforts to sell the Equipment on your behalf in a commercially reasonable manner. There is no guarantee as to the gross proceeds that may be realized from the sale of Equipment through the Marketplace. You may not manipulate the bidding in any way, including bidding on your own Equipment to artificially raise the final sales price. 2. Inspections. For all requested inspections,you agree to permit Company and/or its authorized representatives to test and inspect each piece of Equipment at a time and place specified in the Agreement or as otherwise mutually agreed. Company shall produce an inspection report("Inspection Report')for each piece of Equipment.The Inspection Report is the sole and exclusive property of Company.Company inspections are solely for the purpose of reporting on the visible condition of the Equipment's major systems and attachments. Company inspections are NOT intended to detect latent or hidden defects or conditions that could only be found in connection with the physical dismantling of the Equipment or the use of diagnostic equipment or techniques. Your failure to properly maintain the Equipment from the date of inspection until its removal from your location by buyer will void the inspection. If you alter or perform repairs or other maintenance to the Equipment after the inspection, another inspection will be required, and you will be subject to a Re-inspection Fee. The Agency agrees that the Equipment will remain in the same or better condition as previously inspected by Company. 3. Equipment Availability.You agree to have the equipment available for transportation, complete with ignition key,to the Buyer no later than one(1)business day after the conclusion of the sale. 4. Fees;Payment of Proceeds;Taxes. All Fees and Payment Instructions are set forth in the Agreement. You shall be responsible for the payment of any tax or duty that is your responsibility as a seller of the Equipment. You acknowledge and undertake to make yourself aware of and comply with all laws that may be applicable to your access and use of the Marketplace, and your entering into a transaction on the Marketplace. Company disclaims any and all liability in respect of your use of the Marketplace and your sale of any Equipment resulting in any taxes(whether direct, indirect, local or federal), fines or penalties being levied on you. For the avoidance of doubt, it is your responsibility to satisfy yourself of any charges,taxes(whether direct,indirect, local or federal)or related obligations becoming applicable in respect of the transactions that you enter into on the Marketplace.You shall indemnify Company and its affiliates(and the officers,directors,agents and employees thereof)against any tax,cost or expense arising from your failure to satisfy any laws or regulations in relation to a transaction. Once a Binding Obligation is created between you and Buyer, Company will generate a third-party invoice that is issued to Buyer on your behalf. Buyer is responsible for paying you the purchase price for the Equipment upon creation of a Binding Obligation, and you hereby instruct Company to facilitate receipt of the purchase price. Further,you hereby grant Company the right, in its own name,to enforce your right to payment.You agree that Sourcewell Govt.Annual Califomia 01/28/2020 ® no monies shall be payable to you until paid by the Buyer. Once received by Company, any monies due to you, net of any commissions and fees due Company as detailed in this Agreement, shall be disbursed within fifteen (15) business days after creation of a Binding Obligation.You hereby consent to Company's right to offset any other commissions and fees specified in this Agreement or that result from additional services requested by you,with any remainder to be paid within fifteen(15)business days following receipt of an invoice.You acknowledge that Buyers may fail to perform or pay on a timely basis and that Company shall not have any liability to you for any act or omission of Buyers. 5. Representations. You represent and warrant that: (i) no Equipment shall be fraudulent, stolen or counterfeit; (ii)You are duly authorized to enter into the Agreement and sell such Equipment;(iii)You are solvent and have not made any assignment,proposal or other proceeding for the benefit of its creditors; and (vi) You own all right, title and interest in and to the Equipment and the Equipment is free and clear of all liens or other encumbrances,except as otherwise disclosed by you to Company in writing. 6. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKETPLACE PROVIDED BY OR THROUGH COMPANY IS PROVIDED ON AN "AS IS"AND"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. Storage at Company Yard for a Marketplace transaction. This Section 7 shall only apply to Equipment listed on a Marketplace and stored at a Company site(each,a"Facility").The Agency and Company agree that the storage of Equipment does not represent a consignment agreement or other arrangement under which Ritchie Bros. Auctioneers (America), Inc. agrees to offer the Equipment for sale on behalf of the Agency. If Equipment is stored at the Facility while listed on a Marketplace, the Agency shall be deemed to be contracting with Ritchie Bros.Auctioneers(America), Inc for the storage component and with IronPlanet, Inc.for the Marketplace listing. Ritchie Bros.Auctioneers(America), Inc agrees to provide storage provided that the Equipment is free of all contents and substances other than normal operating fluids and lubricants;therefore, Ritchie Bros.Auctioneers(America), Inc reserves the right to refuse storage of any item of Equipment containing any hazardous substances or visibly leaking contaminants. 8. GovPlanet Direct. All Listings on GovPlanet Direct shall be subject to the additional terms set forth in this Section 8. 8.1. Listing Requirements.Agency shall include all relevant information in the Listing necessary to sell and convey the items, including (a) an accurate description and photographs to depict the condition of the item, including any attachments or included parts;and(b)the location and availability of the item for pick-up. Each Listing will be assigned a unique item number. Agency shall not post multiple Listings for the same item. 8.2. Opening Bid and Scheduling. For Listings on GovPlanet Direct, Agency will set (i) the opening bid for Listings; (ii) any applicable reserve amount, Make Offer,or Buy Now price;(iii)the bid increment;and(iv)the duration of the Listing. 8.3. Inspections.Agency agrees to permit bidders to inspect items prior to or during bidding,when feasible, at a time and place specified by Agency in the Listing or as otherwise mutually agreed between Agency and bidder. 8.4. Payment of Proceeds. After a Binding Obligation is concluded between Agency and Buyer, the GovPlanet Direct Marketplace will generate a third-party invoice that is issued to Buyer on Agency's behalf. Buyer is responsible for paying the purchase price for the items upon conclusion of a Binding Obligation, and Agency hereby authorizes GovPlanet to act as a payment processor and facilitate receipt of the purchase price.Further,Agency hereby grants GovPlanet the right,in its own name, to enforce Agency's right to payment. Agency agrees that no monies shall be payable to Agency until paid by the Buyer.Once received by GovPlanet,any monies due to Agency, net of any commissions and fees due GovPlanet as detailed in this Agreement, shall be disbursed within fifteen (15) business days after conclusion of the Binding Obligation. Agency hereby consents to GovPlanet's right to offset any other commissions and fees specified in this Agreement or that result from additional services requested by Agency,with any remainder to be paid within thirty(30)days following receipt of an invoice. Agency may elect to act as the payment processor and facilitate receipt of the purchase price for Listings on GovPlanet Direct, to include all applicable commission and fees,pursuant to the Agreement. If the Agency elects to collect payments,GovPlanet will invoice Agency for its commission and fees no less than monthly.Agency shall remit payment to GovPlanet within thirty (30)days following receipt of an invoice. Agency acknowledges that Buyers may fail to perform or pay on a timely basis and that GovPlanet shall not have any liability to Agency for any act or omission of Buyers. 8.5. Prohibited Items.Agency is prohibited from selling the following items: • Alcoholic beverages, cigars,cigarettes or tobacco products; • Animals or livestock; • Controlled substances or chemicals; • Coupons; • Credit,.debit, or gift cards; • Event tickets; • Lottery tickets; • Mailing lists and consumer information; • Pornography or other obscene media; • Prescription drugs; • Products subject to recall; • Real estate or property; • Services; • Stocks and other securities; • Used or opened cosmetics;and • Firearms and ammunition Sourcewell Govt.Annual Califomia_01/28/2020 LffD ��� C)Terms and Conditions applicable to Live Auction Events only 1. Company Obligations and Responsibilities 1.1. Sale Sites and Dates.Company shall,as your agent,offer the Equipment for sale at unreserved auction at various locations and on various dates for the period commencing as of the date hereof and ending upon the termination of the Agreement. You shall provide to Company a completed Schedule A no later than fifteen (15)days prior to the scheduled auction date. If advertising of specific pieces is requested in the auction brochure,you must provide a completed Schedule A to Company at least thirty(30)days before the scheduled auction date. 1.2. Payment. Company shall make payment to you within twenty-one(21)days after the Live Auction Event, by check unless you specify otherwise in writing, the amount due and owing to you from monies collected from the sale of the Equipment after making all deductions permitted under this Agreement. 1.3. Administrative Fee. You acknowledge that Company may charge purchasers an administrative fee based on the selling price of each lot. 1.4. Other. Company shall (a) allow you access to records concerning the sale of the Equipment at the Live Auction Event, excluding the names or contact information of the buyers thereof;and (b) collect and remit state and local sales tax arising upon the sale of the Equipment at the Live Auction Event. 1.5. Lots.Company may divide the Equipment into such lots as it may in its absolute discretion deem desirable for a Live Auction Event. Company shall not be liable for any loss or damages claimed in respect of the manner in which the Equipment is divided into lots nor in respect of any failure by Company to divide the Equipment into lots. 2. AGENCY'S OBLIGATIONS AND RESPONSIBILITIES 2.1. Title Documents.Should Company be required to purchase titles on your behalf,RB shall be entitled to interest on amounts advanced at a rate of US Bank prime plus 2%. 2.2. Delivery. You shall deliver the Equipment, at your cost, to the auction site no later than fifteen (15) days prior to the scheduled Auction: (a) in good operating condition, free of material defects except as disclosed to Company, with adequate fuel and batteries and starting at the key; (b) free of hazardous materials other than normal operating fuels,oils and lubricants; and (c) in compliance with all applicable environmental, health and safety rules and regulations; together with all documents evidencing your title and/or necessary to transfer title to the Equipment, properly endorsed. The Agency may elect for Company to arrange for delivery of the Equipment to the Site by indicating the same in Schedule A. If delivery by Company is elected,the Agency will be charged a delivery fee equal to the actual cost of delivery plus 10%. 2.3. Unreserved Auction Sale. You acknowledge Auctions are unreserved and Company shall have no obligation or duty to withdraw the Equipment or any part thereof from the Live Auction Event or to cancel the Live Auction Event.The Equipment shall be sold to the highest bidder on the date of the Live Auction Event. 2.4. No Buybacks.You shall not bid or make an offer, directly or indirectly, nor allow any other person to bid or make an offer on your behalf, by agency or otherwise, on the Equipment or any part thereof in any Sales Event, 3. MUTUAL AGREEMENTS 3.1. Prohibition of Pre-Sale. Neither Company nor the you shall sell or offer for sale any part of the Equipment prior to the Live Auction Event without the written permission of the other Party. 3.2. Default by Agency. If: (a) you withdraw or fail to timely deliver the Equipment or any part thereof or any documents required hereunder,or if the Live Auction Event does not occur as a result of the actions or inaction of you, including without limitation the commencement of liquidation or bankruptcy proceedings of any sort by or against you; or (b) you,directly or indirectly, bids or permits another to bid on your behalf or for your benefit,by agency or otherwise, on the Equipment or any part thereof at the Live Auction Event; or (c) your representations and warranties set out in this Agreement are not true, complete and correct in all respects; then: (d) commissions shall be payable to Company upon demand, based upon the fair market value of any withdrawn or undelivered parts of the Equipment as if they had been sold; (e) any advances made by Company together with accrued interest shall become due and repayable immediately;and (f) you will upon demand, reimburse Company for all out-of-pocket expenses incurred in preparation for the Live Auction Event. Sourcewell Govt.Annual Califomia 01/28/2020 In the event you are in violation of subparagraph 3.2(b), in addition to any other rights or remedies Company may have under this Agreement, Company shall, at its sole discretion, have the right to sell or re-sell the Equipment by public or private sale and you shall pay to Company as liquidated damages in addition to all other amounts due hereunder,an amount equal to twenty-five percent (25%) of the proceeds realized from such sale or resale. If, pursuant to this section, the Equipment or any part thereof is not sold at the Live Auction Event,such equipment shall be deemed to have been withdrawn by you and the provisions of subparagraph 3.2(d), (e)and(f)shall apply. 3.3. Creation of Lien. In addition to any other rights or remedies available to Company, this Agreement creates a lien and charge upon the Equipment and may be registered under any applicable personal property security legislation as may be in effect from time to time and entitles Company to seize and retain possession of the Equipment as security for,and to sell the Equipment to recover, all sums owing hereunder. 3.4. Use of Equipment. You authorize Company to operate the Equipment for the purpose of demonstrating it at the Live Auction Event. 3.5. Collection of Proceeds. Company shall collect the full proceeds from the sale of the Equipment and you assign to Company: (a) the amount required to discharge and satisfy all Encumbrances in respect of the Equipment;and (b) all amounts payable to Company hereunder,including commission and any advances,together with interest thereon which shall be repayable at the time of the sale. 3.6. Company's Right of Set-Off.Company may, in its discretion,apply any proceeds from the sale of the Equipment towards any outstanding amounts otherwise due and owing to Company in connection with any purchases,deficiencies or services rendered by Company. 3.7. Uncollected Proceeds.Company may, as it deems necessary in its sole discretion, re-auction any part of the Equipment not sold or paid for at the Live Auction Event, and you acknowledge that no monies shall be payable by Company for any part of the Equipment until it has been paid for in full by the purchaser thereof. 3.8. Other Consignments. Equipment belonging to other owners may be sold at the Live Auction Event. 3.9. Internet Bidding and Timed Auction Lot System. Company may in its sole discretion offer certain lots for sale, in conjunction with its unreserved auction,to registered bidders using its proprietary online bidding service or using its silent "timed auction lot"system.Company shall use its best effort to ensure that such technologies and systems are available at all auctions for which they have been advertised, however at any given sale: (a) only those lots which Company deems appropriate shall be offered using such technologies and systems,and (b) certain circumstances concerning the Internet and the technology in use are beyond Company's control, and such systems may not be available at any given time or auction. You agree that Company shall be held harmless from any and all claims, demands, suits, actions, causes of action, damages, costs or charges arising from (1) the failure of the internet, servers or other computer or communications components and systems, regardless of whether such failure is caused by the negligence of Company, (2) Company's decision whether or not to use such technologies or systems, or(3)its failure to offer such systems at any time. Sourcewell Govt.Annual Califomia 01/28/2020 rvoinaginson- Me: SCHEDULE C TO LISTING AGREEMENT SUPPLEMENTAL EQUIPMENT DETAILS Contact for Inspection Alternate Contact for Inspection Contact for Transportation Name Office Phone Mobile Phone Fax Email Date for Inspection Special Instructions •4 gaw • • c LOCATION 1 Business Name of Pickup Hours Equipment Location Address Ramps at Location?(Y/N) Max Wgt Capacity Loading Dock at Will Seller Load?(Y/N) Location?(Y/N); Max Wgt Capacity Fork Lift Available for Use Special Instructions/ at Location?(YIN) Limitations;Other Max Wgt Capacity Loading Facilities :LOCATION 2 Business Name of Pickup Hours Equipment Location Address Ramps at Location?(Y/N) Max Wgt Capacity Loading Dock at Will Seller Load?(Y/N) Location?(Y/N); Max Wgt Capacity Fork Lift Available for Use Special Instructions/ at Location?(Y/N) Limitations;Other Max Wgt Capacity Loading Facilities LOCATION 3 Business Name of Pickup Hours Equipment Location Address Ramps at Location?(Y/N) Max Wgt Capacity Loading Dock at Will Seller Load?(YIN) Location?(Y/N); Max Wgt Capacity Fork Lift Available for Use Special Instructions/ at Location?(Y/N) Limitations;Other Max Wgt Capacity Loading Facilities Sourcewell Govt.Annual California 01/28/2020 • MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director DEPARTMENT: Public Works/Utilities and Waste Management EXT: 450 BRIEFING DATE: September 28, 2020 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance 4 Human Resources ❑ Legal ❑ Other— please explain ITEM: Lead Pay Request EXECUTIVE SUMMARY: Public Works U&W Management Division is requesting to place one of the Solid Waste Attendants as a temporary lead. Per the Teamsters General Services Collective Bargaining Agreements (CBA), Section 10.5, respectively, "...Lead Worker: The County may designate an employee as a Lead Worker; such designation is not considered to be a `job vacancy" or"newly created position." A Lead Worker will typically direct, oversee and/or organize the work of other employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire, fire, or discipline other employees within the Bargaining Unit. This job classification is used at the discretion of management (and with prior approval of the Board of County Commissioners). A Department Head will post within his/her Department a notice of intent to appoint a Lead Worker. He/she will give full consideration to all departmental applicants before going outside his/her department. Any employee who acts as Lead Worker will receive an additional ten percent (10%) salary for the period of time they perform that function. RECOMMENDED OR REQUESTED ACTION: Request the Board of County Commissioners authorize Public Works appoint a temporary Solid Waste Attendant Lead for performing duties of a higher classification. ATTACHMENT: 1. Section 10.5 of the current CBA Collective Bargaining Agreement 1/1/2019—12/31/2021 Teamster Union Local No. 252 & Mason County General Services 10.5 LEAD WORKER The County may designate an employee as a Lead Worker; such designation is not considered to be a "job vacancy" or"newly created position" as referenced in ARTICLE 8-SENIORITY, Section 2.A Lead Worker will typically direct,oversee and/or organize the work of other employees, although the County reserves the exclusive right to make a Lead Worker designation based on other factors and rationale. The Lead Worker cannot hire,fire, or discipline other employees within the Teamsters bargaining unit. This job classification is used at the discretion of management(and with prior approval of the Board of County Commissioners).A Department Head will post within his/her Department a notice of intent to appoint a Lead Worker. He/she will give full consideration to all departmental applicants before going outside his/her department.Any employee who acts as Lead Worker will r MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Richard Dickinson, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Eells Hill Landfill Post Closure On-Call Services EXECUTIVE SUMMARY: In 2016 Parametrix completed a closure report for the Eells Hill Landfill that was submitted to Environmental Health and the Department of Ecology. The Department of Ecology required quarterly groundwater monitoring for the following two years, landfill gas monitoring, and another settlement survey of the landfill. Parametrix prepared a scope and budget to complete the required testing and analysis. The landfill settlement survey has been completed by Mason County Survey Staff. The original survey was also completed by Mason County Staff. On two occasions, 4th quarter 2017 and 2"d quarter 2019, the consultants'team was not able to measure gas for analysis. Those sampling events were repeated in 2020 and the results were analyzed and incorporated into a final report which has been submitted to Environmental Health and the Department of Ecology. Within that final report are recommendations of work that will need to be addressed/negotiated to decommission the monitoring systems including: • Dismantling the blower/flare system, including upstream piping to the condensate knockout and capping off the remaining piping. • Cut off gas extraction wells and install below grade vaults • Decommissioning of gas probes per Chapter 173-160 WAC • Decommission ground monitoring wells except those being used by WA DOC. Staff recommend hiring Parametrix on an On-Call basis to develop budget estimates and specifications for the remaining decommissioning work and to provide technical support during meetings with Mason County Environmental Health and the WA Department of Ecology. COST IMPACT TO THE COUNTY Total Costs are estimated at $9749.00. Services are provided on a time-and-material basis as requested by the County. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve to authorize the Deputy Director/ Utilities and Waste Management to execute a contract with Parametrix to provide Post Landfill Closure On-Call Services. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 462 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Purchase Snow Plow Blades EXECUTIVE SUMMARY: Public Works has been using carbide snow plow blades for some years now and although they work well they also cause a lot of damage to our road surfaces. Switching over to the reinforced rubber blades may reduce the maintenance cost of resurfacing our roads prematurely. WSDOT, the City of Shelton Jefferson and Thurston County all use the reinforced rubber blade system with good results. Our existing stock of carbide blades will be used as backup. Budget Impacts: Public Works has 9 trucks up-fit with blades at a cost of approximately $2,000 for each blade. We.would like to purchase two sets of blades per truck for a total of 18 blades. RECOMMENDED OR REQUESTED ACTION Recommend the Board authorize Public Works to procure reinforced rubber snow plow blades in the amount of approximately $36,000 + tax. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Patricia Grover, Mason County Noxious Weed Control Board Coordinator DEPARTMENT: WSU Extension — Mason County EXT: 592 Noxious Weed Control Board BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: 1. Contract #K3176 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board to survey for and control Giant Hogweed within Mason County, for the period of September 15, 2020 to December 31, 2021. 2. Contract #K3177 between Washington State Department of Agriculture and Mason County Noxious Weed Control Board to survey for and control Perennial Pepperweed and nonnative genotypes of Common Reed within Mason County, for the period of September 15, 2020 to December 31, 2021. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): BUDGET IMPACTS: $10,000 total to the 2021 Noxious Weed Control Budget to revenue and expenditures. Each contract is in the amount of$5,000, and will appear as a 2021 Budget Level 4 Request. RECOMMENDED OR REQUESTED ACTION: Request that the Board approves to place the Washington State Department of Agriculture Contracts #K3176 and K3177 on the Action Agenda for signature. ATTACHMENTS: 1. Contract K3176 Attachment A Plan of Work Attachment B Proposal Attachment C Permission to Enter Private Land and Waiver of Liability 2. Contract K3177 Attachment A Plan of Work Attachment B Proposal Attachment C Permission to Enter Private Land and Waiver of Liability Briefmg Summary 9/18/2020 Contract Number: K3176 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture (WSDA) and Mason County and its agent, Mason County Noxious Weed Control Board. IT IS THE PURPOSE OF THIS AGREEMENT to provide Mason County and its agent, Mason County Noxious Weed Control Board, funding for a project to survey for and control Giant Hogweed (Heracleum mantegazzianum) within Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County through its agent, Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A" which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Regardless of the date of signature and subject to its other provisions, this Agreement shall begin on September 15, 2020 and end on December 31, 2021, unless terminated sooner or extended by WSDA as provided herein through a properly executed amendment. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $5,000.00. Only reasonable costs identified in Attachment "A", incurred directly related to the Mason County Giant Hogweed Survey and Control Project, will be reimbursed to Mason County under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. Compensation for service(s) shall be as set forth in accordance with the budget in Attachment"B" which is attached hereto and incorporated herein. BILLING PROCEDURE Mason County shall submit properly completed invoices quarterly to the WSDA Agreement administrator. Reference WSDA Contract Number K3176 on all invoices. Payment to Mason County for approved and completed work will be made by warrant or account transfer by WSDA within 30 days of receipt of the properly completed invoice. If Contractor does not have an invoice template to request payment, Contractor can request a copy of a Certified State Invoice Voucher (Form A-19) from WSDA. Upon expiration of the Agreement, any claim for payment not Page 1 of 6 Contract Number: K3176 already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. DUPLICATION OF BILLED COSTS The Contractor shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency may: a. Terminate this Agreement with 10 days advance notice. If this Agreement is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. b. Renegotiate the terms of the Agreement under those new funding limitations and conditions. c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables. Or, d. Pursue such other alternative as the parties mutually agree to writing. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 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 resolved. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent with applicable laws. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Page 2 of 6 Contract Number: K3176 RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, 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. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement 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. SUBCONTRACTING "Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean,subcontractor(s) in any tier. Except as otherwise provided in the Agreement, the Contractor shall not subcontract any of the contracted services without the prior approval of the Agency. The Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Agreement are included in any and all Subcontracts. Any failure of Contractor or its Subcontractors to perform the obligations of this Agreement shall not discharge Contractor from its obligations under this Agreement. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected, this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; chapter 42.23 RCW; or any similar statute involving Mason County in the procurement of or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee. Page 3 of 6 Contract Number: K3176 In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent, Mason County Noxious Weed Control Board, as it could pursue in the event of a breach of the Agreement by Mason County or its agent, Mason County Noxious Weed Control Board. The rights and remedies of WSDA 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 the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. LICENSING. BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent, Mason County Noxious Weed Control Board, shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent, Mason County Noxious Weed Control Board, shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and conditions contained within this Contract; c. Plan of Work (Attachment A); d. Budget (Attachment B); e. Permission to Enter Private Land and Waiver of Liability (Attachment C); and f. Any other provisions of the Agreement, including material incorporated by reference. Page 4 of 6 Contract Number: K3176 ASSIGNMENT Mason County and its agent, Mason County Noxious Weed Control Board, are responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. In no event shall the existence of any subcontract operate to release or reduce the liability of Mason County and its agent, Mason County Noxious Weed Control Board, to WSDA for any breach in the performance of Mason County and its agent Mason County Noxious Weed Control Board's duties. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. 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 Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement administrator for WSDA is: Greg Haubrich, Pest Program Manager Washington State Dept. of Agriculture Plant Protection Division PO Box 42560 Olympia, Washington 98504-2560 (360) 902-2071 ghaubrich@agr.wa.gov The Agreement administrator for Mason County is: Pat Grover, Coordinator Mason County Noxious Weed Control Board 303 N. 4th Street Shelton, WA 98584 (360) 427-9670 X 592 patriciag@co.mason.wa.us Page 5 of 6 Contract Number: K3176 All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON MASON COUNTY DEPT. OF AGRICULTURE By: By: Title: Assistant Director- Plant Protection Title: Division Date: Date: Page 6 of 6 Contract Number: K3176 ATTACHMENT A - Plan of Work Mason County and its agent Mason County Noxious Weed Control Board Giant Hogweed Survey and Control Project September 15, 2020 to December 31, 2021 County Control Criteria: Mason County through its agent, Mason County Noxious Weed Control Board, will conduct survey and control of Giant Hogweed (Heracleum mantegazzianum) located within Mason County. Minimum work specifications: Mason County staff and/or subcontractors will use an integrated weed management approach, in conjunction with the best management practices for the control of Giant Hogweed. All control methods will be employed consistent with the laws, rules and regulations of Washington State, Mason County, the Noxious Emergent Plant Management Environmental Impact Statement (EIS) first published in November 1993, and all subsequent amendments to the EIS. Mason County, or subcontractors to Mason County, must enter into a contract with WSDA under which Mason County, or subcontractors to Mason County, act as limited agents to carry out noxious and quarantine weed control for WSDA under the "Aquatic Noxious Weed Control National Pollutant Discharge Elimination System Waste Discharge General Permit' (NPDES permit) prior to the performance of any activity pursuant to this Agreement that discharges herbicides directly into streams or rivers, or indirectly into streams, rivers, estuaries, wetlands, along lake shorelines, or in other wet areas. Herbicide treatments may only occur at times allowed under provisions of the NPDES permit and must comply with conditions specified in such permit. The Mason County Giant Hogweed Survey and Control Project Coordinator will work closely with the WSDA Noxious Weed Coordinator. Work will only take place on property for which the Mason County Noxious Weed Control Board has obtained prior written permission for entry and treatment. Mason County Noxious Weed Control Board will also provide access to these properties for the WSDA Noxious Weed Coordinator. Changes made to any permission form must be approved by WSDA prior to the performance of any work on that property undertaken under terms of this Agreement. Program Needs Provided by WSDA: WSDA may furnish herbicide, surfactants and equipment as the WSDA Noxious Weed Coordinator deems necessary. All unexpended items remain the property of WSDA. Expenditures: The funds provided for the Mason County Giant Hogweed Survey and Control project will primarily go towards staff salaries and benefits and travel. All supplies furnished by WSDA will be used in Washington State and under the supervision of county personnel. An inventory list will be furnished to WSDA upon request. Items such as computer programs, models, food and Page 1 of 2 Contract Number: K3176 beverage, or other costs not specified in this document will not be reimbursed unless the expenditure is specifically authorized in advance in writing by WSDA. Coordination: The Mason County Giant Hogweed Survey and Control Project will be coordinated with state, local and private control efforts. Deliverables: The county noxious weed coordinator or program manager will submit a written report to the WSDA agreement administrator, documenting the work conducted on these projects, as follows: A final report due January 15, 2022, which will include the following: • Date(s) of survey and control activities, • The type of control conducted, • Difficulties encountered (if any), • Solid acres (or square feet) of each species treated, • Number of acres and/or miles surveyed (if any), • GPS derived locations of any noxious weed locations, • Number and type of landowners assisted (if any), • Photo documentation of selected sites, including before and after treatment photos. Final payment under this Agreement will not be made until the final report is accepted by WSDA. These deliverables are separate from and in addition to any reporting requirements associated with limited agent status under WSDA's Aquatic Noxious Weed Control NPDES General Permit coverage. Page 2 of 2 Contract Number: K3176 ATTACHMENT B Budget Mason County and its agent Mason County Noxious Weed Board Giant Hogweed Survey and Control Project September 15, 2020 to December 31, 2021 Total payment to Mason County and its agent Mason County Noxious Weed Control Board will not exceed $5,000.00 in fiscal biennium 2021 (i.e., September 15, 2020 through December 31, 2021). 1. Salaries and benefits..................................................................................$4,739.00 2. Supplies, equipment, and travel ......................................................................$261.00 3. Contracted services.............................................................................................$0.00 4. Indirect................................................................................................................$0.00 TOTAL: .................................................................................................$5,000.00 Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accountinq Manual, Chapter 10, Section 90. Page 1 of 1 Contract Number: K3176 ATTACHMENT C Permission to Enter Private Land and Waiver of Liability Mason County and its agent Mason County Noxious Weed Control Board Project for Giant hogweed Control PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING. This Permission to Enter Private Land and Waiver of Liability is made between the Mason County Noxious Weed Control Board, hereafter referred to as "the Board," and hereafter referred to individually or collectively as "the property owner(s)." INTRODUCTION 1. The control and eradication of noxious weeds on public and private lands is in the public interest and the presence of invasive Giant hogweed (Heracleum mantegazzianum) on private lands threatens wildlife habitat and provides a source for renewed infestation of other private and public lands. Effective eradication of Giant hogweed requires concerted effort on both public and private lands to protect our natural resources. 2. The Board and its agents desire to perform activities to eradicate and/or control Giant hogweed on public and private lands within Mason County. These activities are authorized and carried out under one or more of the following chapters: 17.04 RCW, 17.06 RCW, 17.10 RCW, and 17.24 RCW. 3. The property owner(s) is/are the sole owner of property located at in Mason County, Washington, hereafter referred to as "the property." 4. The property owner(s) is/are interested in and benefited by the eradication and/or control of Giant hogweed on the property. 5. The property owner(s) and the Board desire to memorialize an agreement for the purpose of eradication and/or control of Giant hogweed on the property. AGREEMENT 1. Permission. In consideration of the benefits described above, the property owner(s) grant permission to the Board and its agents, contractors, cooperators and employees to enter onto the property from August 15, 2020 to December 31, 2021 to perform activities to eradicate and/or control Giant hogweed on the property. The property owner(s) acknowledge and agree that these activities may include the application of herbicide to the property. The property owner(s) also grant permission to agents, contractors, cooperators and employees of the Washington State Department of Agriculture to enter onto the property from August 15,2020 to December 31, 2021 for the purpose of monitoring and evaluating the success of Giant hogweed eradication and/or control activities. 2. Expiration and Revocation. The Board and its agents, contractors, cooperators and employees are permitted to enter the property on all of the above dates and until December 31, 2021, or until this permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by Contract Number: K3176 presenting a written letter of revocation to the Board. The revocation is effective five (5) business days after receipt by the Board. 3. Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and/or control Giant hogweed.The property owner(s)expressly agree to hold harmless the Board,the Washington Department of Agriculture (WSDA), and the agents, contractors, cooperators and employees of the Board, or WSDA, and to waive any claim of liability against the Board, WSDA, and the agents, contractors, cooperators and employees of the Board, or WSDA, for any injury, damage, or harm which is the logical and intended consequence of activities properly performed to eradicate and/or control Giant hogweed. The Board and its agents, contractors, cooperators and employees agree to waive any claim of liability against the landowner for any injury, damage, or harm which is not the consequence of the landowner's negligence. As to any other act or omission of either party under this agreement, each party shall be responsible for its own acts or omissions and those of its officers, employees and agents under this agreement. No parry to this agreement shall be responsible to the other for the acts or omissions of entities or individuals not a party to this agreement. 4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire agreement between the parties with regard to the matters set forth herein. 5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and interpreted according to the laws of the State of Washington. BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S) DECLARE THAT THE TERMS OF THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN COMPLETELY READ AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND EXPRESSLY WAIVE ANY CLAIM THAT THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY IS NOT FAIRLY AND KNOWINGLY MADE. Property Owner(s)/Legal Representative: Property Owner(s)Mailing Address: Street City County zip Telephone Number(s): (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of authorized representative, Signature of authorized representative, Date Mason County Noxious Weed Control Board Mason County Noxious Weed Control Board Contact information for the Mason County Noxious Weed Control Board: Pat Grover,(360)427-9670 X 592 303 N.4th Street Shelton,WA 98584 Contract Number: K3177 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture (WSDA) and Mason County and its agent, Mason County Noxious Weed Control Board. IT IS THE PURPOSE OF THIS AGREEMENT to provide Mason County and its agent, Mason County Noxious Weed Control Board, funding for a project to survey for and control Perennial Pepperweed (Lepidium latifolium) and nonnative genotypes of Common Reed (Phragmites australis) within Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County through its agent, Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment "A" which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Regardless of the date of signature and subject to its other provisions, this Agreement shall begin on September 15, 2020 and end on December 31, 2021, unless terminated sooner or extended by WSDA as provided herein through a properly executed amendment. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $5,000.00. Only reasonable costs identified in Attachment "A", incurred directly related to the Mason County Perennial Pepperweed and Common Reed Survey and Control Project, will be reimbursed to Mason County under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. Compensation for service(s) shall be as set forth in accordance with the budget in Attachment "B" which is attached hereto and incorporated herein. BILLING PROCEDURE Mason County shall submit properly completed invoices quarterly to the WSDA Agreement administrator. Reference WSDA Contract Number K3177 on all invoices. Payment to Mason County for approved and completed work will be made by warrant or account transfer by WSDA within 30 days of receipt of the properly completed invoice. If Contractor does not have an invoice template to request payment, Contractor can request a copy of a Certified State Invoice Voucher (Form A-19) from WSDA. Upon expiration of the Agreement, any claim for payment not Page 1 of 6 Contract Number: K3177 already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. DUPLICATION OF BILLED COSTS The Contractor shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency may: a. Terminate this Agreement with 10 days advance notice. If this Agreement is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. b. Renegotiate the terms of the Agreement under those new funding limitations and conditions. c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables. Or, d. Pursue such other alternative as the parties mutually agree to writing. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 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 resolved. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent with applicable laws. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Page 2 of 6 Contract Number: K3177 RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, 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. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement 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. SUBCONTRACTING "Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. Except as otherwise provided in the Agreement, the Contractor shall not subcontract any of the contracted services without the prior approval of the Agency. The Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Agreement are included in any and all Subcontracts. Any failure of Contractor or its Subcontractors to perform the obligations of this Agreement shall not discharge Contractor from its obligations under this Agreement. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected, this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; chapter 42.23 RCW; or any similar statute involving Mason County in the procurement of or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee. Page 3 of 6 Contract Number: K3177 In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent, Mason County Noxious Weed Control Board, as it could pursue in the event of a breach of the Agreement by Mason County or its agent, Mason County Noxious Weed Control Board. The rights and remedies of WSDA 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 the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. LICENSING. BONDING INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent, Mason County Noxious Weed Control Board, shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent, Mason County Noxious Weed Control Board, shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and conditions contained within this Contract; c. Plan of Work (Attachment A); d. Budget (Attachment B); e. Permission to Enter Private Land and Waiver of Liability (Attachment C); and f. Any other provisions of the Agreement, including material incorporated by reference. Page 4 of 6 Contract Number: K3177 ASSIGNMENT Mason County and its agent, Mason County Noxious Weed Control Board, are responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. In no event shall the existence of any subcontract operate to release or reduce the liability of Mason County and its agent, Mason County Noxious Weed Control Board, to WSDA for any breach in the performance of Mason County and its agent Mason County Noxious Weed Control Board's duties. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. 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 Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement administrator for WSDA is: Greg Haubrich, Pest Program Manager Washington State Dept. of Agriculture Plant Protection Division PO Box 42560 Olympia, Washington 98504-2560 (360) 902-2071 ghaubrich@agr.wa.gov The Agreement administrator for Mason County is: Pat Grover, Coordinator Mason County Noxious Weed Control Board 303 N. 4th Street Shelton, WA 98584 (360) 427-9670 X 592 patriciag@co.mason.wa.us Page 5 of 6 Contract Number: K3177 All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON MASON COUNTY DEPT. OF AGRICULTURE By: By: Title: Assistant Director- Plant Protection Title: Division Date: Date: Page 6 of 6 Contract Number: K3177 ATTACHMENT A Plan of Work Mason County and its agent Mason County Noxious Weed Control Board Perennial Pepperweed and Common Reed Survey and Control Project September 15, 2020 to December 31, 2021 County Control Criteria: Mason County through its agent, Mason County Noxious Weed Control Board, will conduct survey and control of Perennial Pepperweed (Lepidium latifolium) and nonnative genotypes of Common Reed (Phragmites australis) located within Mason County. Minimum work specifications: Mason County staff and/or subcontractors will use an integrated weed management approach, in conjunction with the best management practices for the control of Perennial Pepperweed and Common Reed. All control methods will be employed consistent with the laws, rules and regulations of Washington State, Mason County, the Noxious Emergent Plant Management Environmental Impact Statement(EIS) first published in November 1993, and all subsequent amendments to the EIS. Mason County, or subcontractors to Mason County, must enter into a contract with WSDA under which Mason County, or subcontractors to Mason County, act as limited agents to carry out noxious and quarantine weed control for WSDA under the "Aquatic Noxious Weed Control National Pollutant Discharge Elimination System Waste Discharge General Permit" (NPDES permit) prior to the performance of any activity pursuant to this Agreement that discharges herbicides directly into streams or rivers, or indirectly into streams, rivers, estuaries, wetlands, along lake shorelines, or in other wet areas. Herbicide treatments may only occur at times allowed under provisions of the NPDES permit and must comply with conditions specified in such permit. The Mason County Perennial Pepperweed and Common Reed Survey and Control Project Coordinator will work closely with the WSDA Noxious Weed Coordinator. Work will only take place on property for which the Mason County Noxious Weed Control Board has obtained prior written permission for entry and treatment. Mason County Noxious Weed Control Board will also provide access to these properties for the WSDA Noxious Weed Coordinator. Changes made to any permission form must be approved by WSDA prior to the performance of any work on that property undertaken under terms of this Agreement. Program Needs Provided by WSDA: WSDA may furnish herbicide, surfactants and equipment as the WSDA Noxious Weed Coordinator deems necessary. All unexpended items remain the property of WSDA. Expenditures: The funds provided for the Mason County Perennial Pepperweed and Common Reed Survey and Control project will primarily go towards staff salaries and benefits and travel. All supplies furnished by WSDA will be used in Washington State and under the supervision of county personnel. An inventory list will be furnished to WSDA upon request. Items such as computer Page 1 of 2 Contract Number: K3177 programs, models, food and beverage, or other costs not specified in this document will not be reimbursed unless the expenditure is specifically authorized in advance in writing by WSDA. Coordination: The Mason County Perennial Pepperweed and Common Reed Survey and Control Project will be coordinated with state, local and private control efforts. Deliverables: The county noxious weed coordinator or program manager will submit a written report to the WSDA agreement administrator, documenting the work conducted on these projects, as follows: A final report due January 15, 2022, which will include the following: • Date(s) of survey and control activities, • The type of control conducted, • Difficulties encountered (if any), • Solid acres (or square feet) of each species treated, • Number of acres and/or miles surveyed (if any), • GPS derived locations of any noxious weed locations, • Number and type of landowners assisted (if any), • Photo documentation of selected sites, including before and after treatment photos. Final payment under this Agreement will not be made until the final report is accepted by WSDA. These deliverables are separate from and in addition to any reporting requirements associated with limited agent status under WSDA's Aquatic Noxious Weed Control NPDES General Permit coverage. Page 2 of 2 Contract Number: K3177 ATTACHMENT B Budget Mason County and its agent Mason County Noxious Weed Board Perennial Pepperweed and Common Reed Survey and Control Project September 15, 2020 to December 31, 2021 Total payment to Mason County and its agent Mason County Noxious Weed Control Board will not exceed $5,000.00 in fiscal biennium 2021 (i.e., September 15, 2020 through December 31, 2021). 1. Salaries and benefits..................................................................................$4,518.00 2. Travel..............................................................................................................$482.00 3. Supplies, equipment and misc.............................................................................$0.00 4. Contracted services.............................................................................................$0.00 5. Indirect................................................................................................................$0.00 TOTAL: .................................................................................................$5,000.00 Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accounting Manual, Chapter 10, Section 90. Page 1 of 1 Contract Number: K3177 ATTACHMENT C Permission to Enter Private Land and Waiver of Liability Mason County and its agent Mason County Noxious Weed Control Board Project for Perennial Pepperweed and Common Reed Control PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING. This Permission to Enter Private Land and Waiver of Liability is made between the Mason County Noxious Weed Control Board, hereafter referred to as "the Board," and hereafter referred to individually or collectively as "the property owner(s)." INTRODUCTION 1. The control and eradication of noxious weeds on public and private lands is in the public interest and the presence of invasive Perennial Pepperweed (Lepidium latifolium) and Common Reed (Phragmites australis) on private lands threatens wildlife habitat and provides a source for renewed infestation of other private and public lands. Effective eradication of Perennial Pepperweed and Common Reed requires concerted effort on both public and private lands to protect our natural resources. 2. The Board and its agents desire to perform activities to eradicate and/or control Perennial Pepperweed and Common Reed on public and private lands within Mason County. These activities are authorized and carried out under one or more of the following chapters: 17.04 RCW, 17.06 RCW, 17.10 RCW, and 17.24 RCW. 3. The property owner(s) is/are the sole owner of property located at in Mason County, Washington, hereafter referred to as "the property." 4. The property owner(s) is/are interested in and benefited by the eradication and/or control of Perennial Pepperweed and Common Reed on the property. 5. The property owner(s) and the Board desire to memorialize an agreement for the purpose of eradication and/or control of Perennial Pepperweed and Common Reed on the property. AGREEMENT 1. Permission. In consideration of the benefits described above, the property owner(s) grant permission to the Board and its agents, contractors, cooperators and employees to enter onto the property from August 15, 2020 to December 31,2021 to perform activities to eradicate and/or control Perennial Pepperweed and Common Reed on the property. The property owner(s) acknowledge and agree that these activities may include the application of herbicide to the property. The property owner(s) also grant permission to agents, contractors, cooperators and employees of the Washington State Department of Agriculture to enter onto the property from August 15,2020 to December 31, 2021 for the purpose of monitoring and evaluating the success of Perennial Pepperweed and Common Reed eradication and/or control activities. 2. Expiration and Revocation. The Board and its agents, contractors, cooperators and employees are permitted to enter the property on all of the above dates and until December 31, 2021, or until this permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by presenting a written letter of revocation to the Board. The revocation is effective five (5) business days after receipt by the Board. Contract Number: K3177 3. Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and/or control Perennial Pepperweed and Common Reed. The property owner(s) expressly agree to hold harmless the Board, the Washington Department of Agriculture (WSDA), and the agents, contractors, cooperators and employees of the Board, or WSDA, and to waive any claim of liability against the Board, WSDA, and the agents, contractors, cooperators and employees of the Board, or WSDA, for any injury, damage, or harm which is the logical and intended consequence of activities properly performed to eradicate and/or control Perennial Pepperweed and Common Reed. The Board and its agents, contractors, cooperators and employees agree to waive any claim of liability against the landowner for any injury, damage, or harm which is not the consequence of the landowner's negligence. As to any other act or omission of either party under this agreement, each party shall be responsible for its own acts or omissions and those of its officers, employees and agents under this agreement. No party to this agreement shall be responsible to the other for the acts or omissions of entities or individuals not a party to this agreement. 4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire agreement between the parties with regard to the matters set forth herein. 5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and interpreted according to the laws of the State of Washington. BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S) DECLARE THAT THE TERMS OF THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN COMPLETELY READ AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND EXPRESSLY WAIVE ANY CLAIM THAT THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY IS NOT FAIRLY AND KNOWINGLY MADE. Property Owner(s)/Legal Representative: Property Owner(s) Mailing Address: Street City County zip Telephone Number(s): (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of property owner Signature of property owner Date (PRINT)Name of authorized representative, Signature of authorized representative, Date Mason County Noxious Weed Control Board Mason County Noxious Weed Control Board Contact information for the Mason County Noxious Weed Control Board: Pat Grover, (360)427-9670 X 592 303 N.4th Street Shelton,WA 98584 MASON COUNTY BRIEFING ITEK SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: PATTI MCLEAN DEPARTMENT: ASSESSOR EXT: 498 BRIEFING:DATE: SEPT..28, 2020 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing,:please provide onl new information INTERNAL REVIEW (please check all that apply): ❑ Bud eV19inance c Human Resources o'Le al g Other please explain ITEM:, RE-CLASSIFICATION REQUEST EXECUTIVE SUMMARY:(If applicable,please include available options and potential solutions) We:would like to re-classify the Levy/Personal Property Technician position in,our office based on a salary survey that was reviewed by Human Resources"and denied. Also, we were told to.negotiate_this in the most recently ratified AFSCME contract, however we Wert never allowed to negotiate any salary range.changes`during.that.time.You will notice.in the Preliminary Budget for 2021,we have reduced our staff by one Full Time Employee:This was done in order to reward employees who have been here longer by 'increasing their,opportunity for advancement. Retention of hardworking people is much more desirable than a revolving door. The clerical staff employed in.our office have also: passed classes.required of appraisers,as well as classes required of their own.positions. BUDGET IMPACT: NONE,We've already budgeted for salary increases based on merit and qualifcation`s. PUBLIC OUTREACH: (Include.any legal requirements,direct notice,website,community,meetings;etc.) ..ONE' i RECOMMENDED OR REQUESTED ACTION: APPROVE RE-CLASSIFICATION '-a t -To C 2( ATTACHMENTS: Rejection letter from Frank Pinter, Request for re-class, salary survey, current job description. Briefing Summary.9/10/2020 _ JOB DESCRIPTION OU Title: Department: Levy Code and Personal.PropeLty Technician Assessor Affiliation: Reports to: AFSCME Chief Deputy Assessor Exempt: Non-Exempt: X Supervises/Directs: Risk Class: None 530b-07 Established Date: Revision Date: Union Approval Date: GENERAL DESCRIPTION: This position performs a variety of technical duties involving the maintenance of assessment and levy records and related information systems. Coordinates the assessment and administration of the personal property annual revaluation-program. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor.do the listed examples include all tasks which may be found in positions of this class.) Participates in a variety of complex and responsible technical support activities within the..Ass essor's Office. Prepares values for certification.of levies; interprets and verifies taxing district levy certification and ordinances/resolutions and election results. Calculates timber assessed values and timber tax distribution amounts ensuring that.values and amounts are allocated to the,appropriate levies. Corresponds with taxing districts during their preliminary and final budget requests. Provides districts with assessed values and levy amounts/rates: Assists districts with calculating preliminary allowable amounts. Prepares a variety Of statistical reports as needed;researches, compiles and analyzes data for special projects. Establishes schedules and methods to meet goals and objectives. Processes:personal property listings by reviewing for completeness and compliance,,analyzing data reported,assigning depreciation rates, updating for asset additions, and applying,valuation factors. Prepares and maintains progress reperts.for management, state ratio stratification reports, and other miscellaneous reports. x �y�awt Cps r� JOB' DESCRIPTION 11,,E Responsible for researching,analyzing,inspecting,and processing destroyed personal property claims. Coordinates the annual update of the cost/depreciation rates and.tables into computer database. Responsible for the annual personal property report mailings by reviewing statutory requirements and Legislative changes,running computer data extracts to create database files,and coordinating printing and mailing. Coordinates and conducts a personal property auditing program.to ensure equitably and uniformity are applied countywide. Discovers omitted and non-reported personal property. Identifies new businesses by performing field inspections,reviewing the Washington State business license database,researching building permits, and scanning publications. Prepares and processes advance taxes related to personal property. Assists with daily document recordings and processes changes on appraisal records to reflect ownership changes: OTHER JOB FUNCTIONS: Serves as a primary`back-up for the.Real Property Technician series. Performs-other duties as assigned. WORKING CONDITIONS: .Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20.pounds. QUALIFICATIONS: Knowledge of; • Property tax assessment statutes,regulations;.and procedures, • Fundamentals of real'property appraisal.. • Instruments of title and their effect. • Standards for legal descriptions. • Data,processing practices and procedures. • Business English, spelling, punctuation, and formatting. • Microsoft Office. Ability to: e Maintain an overview of complex procedures.. • Maintain necessary records and prepare required reports. • Process data.and mathematical material with a high level of accuracy. • Work.independently:under pressure:and meet deadlines. r. ni JOB DESCRIPTION w Read and interpret maps, aerial snaps, and legal descriptions. • Interpret and apply program information in making work decisions or in'su l yina information to others:, pp y • Query information from a variety of computer programs and sources for training and auditing purposes. • Effectively work with the public and other employees. • Work independently, prioritizing tasks to meet deadlines while maintaining accuracy and attention to detail. Education and Experience: Any egziivalent combination of education and experience, which provides the applicant with the knowledge, skills, and tbilities, required to perform the job. A typical way to obtain the knowledge and abilities would he: Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. An Associate of Arts degree in accounting, business administration or related field. One year of experience involving real property directly related to the specific duties. Must attend the Fundamentals of the Assessor's Oftice training, IAAO course 101., Interpreting Legal training and Personal Property Admin training within 18 months of Documents, Basic and Senior Levy hire. E i RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Policy INSTRUCTIONc: The following factors may be considered As evidence of possible eligibility for reclassification: a. A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b. A majority of job duties have changed,to the extent the job entails a .different skill set, Which requires increased education or experience in order to perform essential job functions. DATE:. NTOM r U ."`� DEPARTMENT: UNION APPROVAL:0 SS�.jsr� REPARER: FLSA STATUS: HUNfAN RESOURCES REVIEW: EXEMPT❑ DATE: l ice. NON EXEMPT REVIEWED.BY: CURRENT JOB TITLE: CURRENT SALARY RANGE: PROPOSED NEW JOB TITLE: PROPOSED:NEW SALARY RANGE: ATTACHMENTS: CURRENT JOB DESCRIPTION PROPOSED JOB DESCRIPTION-0 BACKGROUND: REQUEST(Spec&ally outline the job duties&increased education requirements,which require a different skill set causing the increased education experience): ASIS OF REQUEST(Reasontuhy the pbsitioh has now taken on the newjob duties,outside:of their normal type of.work): c�sc ACTION REQUESTED: Elected Official/Department.Nead Signature Date Human Resources Signature Date. .Does this request qualify for Reclassification? []Yes [--]No If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval. is a Salary Ranbe Resolution needed? ❑ Yes❑ No If"YES"Human Resources must prepare the resolution and attachment's necessary. Date Approved:Cii',�her;�,to enter a cl:ite: Qnce approved it is the responsibility of the department to submit a Personnel Action Form. u Human Resources o oaa Budget Management �> ,? Mason County5uppt�rt Services Department Commissioner Administration 411 N S'h Street Emergency Management Shelton,WA 98584 Facilities,Parks g Trails siA 60.427.9670 ext. 422 Human Resources information Services Labor Relations Frank Pinter, Director Risk Management MEMORANDUM To: Vickie King,Chief Deputy Assessor From: Frank Pinter,Support Services Directo -� Bate: August 6,2020 Subject: Levy/Personal Property Technician Reclassification Request Union/Non Represented•AFSCME Current Ranael5tep:Range 21 Sala Requested RaneeJStep Range 26 Sa . ry:$3,675.54-$5,079.94 Salary:$4,166.24-$5,745.94 Requested New Title:Levy/Personal Property Technician/No Change 13ackeround:(Per Department's Request) Levy/Personal Property Technician is actually a position.created by combining two positions due to previous'budget cuts.The incumbent in the position currently has done a salary survey of various counties and submitted the results,therefore requesting a pay reclassification based on the findings. Analysis: The Assessor is requesting a reclassification of the Levy/Personal Property Technician position based on a salary survey done with data from five of Mason County's Camp Counties,and includes a Market County,.Thurston,and therefore requests the position be increased to Salary Range 26. This position was renegotiated during negotiations for the Collective Bargaining Agreement 2017-Z019 anti increased from 5aiary Range 16 to Salary Range 21,based on the combining of two positions and the increased knowledge,skills, and abilities to perform the functions of a Levy/Personal Property Technician. There Is no evidence.to show the majority of the job duties have changed to the extent the job entails a different skill set,which required increased education or experience in order to perform the essential job functions.Most employees working form Masan County have had to grow and expand their knowledge to perform their duties as laws and requirements have and will continue to change.It is also.of note;on average most employees'salaries are lower on the lower end of Mason County's Comp Counties and even lower on our Market Counties. HR Recommendation:Recommendation is to deny the request to reclassify the Levy/Personal Property Technician position. HR Recommended Range/Step: Range 21—No Change Salary: $3,579.94.$5,079,94 A lication of Mason County Personnel.Folic —Reclassification Policy Cha ter 5 Section 5.3: Generally, for Union represented employees, the collective bargaining process is the appropriate forum for any modification of compensation or position description. The applicable collective bargaining agreement may specify provisions related to reclassification and, if silent, the impacts of such decisions may also need to be bargained with or noticed to the appropriate Union. All Non-Represented employees trust follow both the Mason.County Personnel Policy.Chapter 5, Section 513 for any modification of compensation or position description change to current position held. Reclassifications are,reallocations of positions from one class to another as a result of changed duties responsibilities and/or authority of a position. The reclassification of a job involves an analysis of the critical elements of the position against pre-determined standards for measuring the relative worth of a position and placement in the County's classification/pay scale: A- classification analysis focuses upon the qualifications, responsibilities,tasks, and duties of the position and not the qualifications of the incumbent in the position. The following factors may be considered as evidence of passible eligibility for reclassificafion: a. A majority of job duties have changed to the extent they are.more accurately reflected in another existing classif cation description;. b. A majority of job duties have changed to the extent the job entails a different skill set,which requires increased education or experience in order to perform essential job functions. The following circumstances are.NOT factors to be considered reasons for reclassification: a. Increased volume;of the same level of work; b.Added duties of a similar nature already covered by the current classification or requiring similar skills,education, or experience; c.. Duties within a..current classification that have not been previously assigned; d. Additional assigned duties in a higher,classification unless those-duties become a majority of the current position: e. Enhanced technological tools to perform current duties; f. Salary differences for similar jobs in other jurisdictions; g.Reclassifications which occur in:other departments, Reclassification Upgrade: A reclassification upgrade is the,result of an increase in the level.of responsibilities,tasks,and duties of a position which changes areas of emphasis and the.level of skill"required in the current position. a. A reclassification upgrade may not be used.as a merit-raise. nor as a reward for emplovment'Ion i!evity,nar may it be used solely to reflect an increased.volume of work at the wine level of responsibility thati the incumbent is currently performing. b. As a result.of reclassification,and due to an overall increase in the responsibilities of a position, the monetary compensation(pay range) established for the position may increase. c. Correspondingly,.a reclassification,will result in the assignment to the position of a revised or different Job Description which includes the changes in responsibilities,functions and minimum qualifications Reclassification Downgrade:A reclassification downgrade:is the result of a decrease in the level of responsibilities, tasks, and.duties of"a.position which changes areas-of emphasis and the level of skill.required in the current position. a. A position may be reclassified to a lower range..if the responsibilities of the job are determined to be less than originally indicated,.or if certain responsibilities are removed from the job. The Elected Official or Department Director may request a formal review and recommendation by Human Resources by process and timelines as identified within the policy: b. An incumbent employee affected by a reclassification downgrade shall be paid at the rate of the revised position. 'However,.in exceptional eases, a Y-rating may be considered for a.specified.period. Administrative change: Human Resources may make administrative changes to job specifications. Administrative changes result in no,substantial change to the overall essential functions or major emphasis of the classification:An administrative change requires no Board action,.however,also results in no change in pay range. Ciara I Stiles 9 E Cherry Park, Shelton, WA 9.8584 Patti McLean Assessor Mason County Assessor's Office 41.1 N 50 St Shelton, WA 98584 Dear;Patti, I would like to express my gratitude of being part of this wonderfulteam. i have never felt more ptofassionally dedica ad in my life than[do now. Though, I-am grateffil of the professional growth this job has awarded me, I regret to tell you that the current salary range of a Levy/ Personal Property Technician does,not measure up with comparable counties. I am sure that even you will agree:that,rrfy position as a Levy/Personal Property Technician can be,very challenging and due tot he unique position responsibilities of both levies and personal property, it was difficult to compare this,position with other comparable counties. However, after reviewing job descriptions from the Counties mentioned below,,I have discovered the position responsible for levy calculations is the Chief Deputy Assessor. Comparable County. Chief'Deputy Assessor Starting Salary - Monthly Cowlitz $5,750.00 Grays Harbor $6..i 56.00 Jefferson $4,000.00 Lewis $4,756.00 7 Skagit $6,267.48 Thurston $8,,08,0.00 Average -$5,834.91 After analvzing the data,.the averaoe starting monthly pay is $5834, annual salary of$70,018, P which exceeds the highest range on our current salary table.This is more than 58 6/a higher than 7 the starting pay of a Levy/.Personal Property Technician, Range 21. I was also able to gather data for positions similar to a Personal Property Technician. My findinas are below: ....... Comparable.County Personal-Property Staeting Salary-Monthly- Cowlitz Grays Harbor -3 S.3.728.00 Jefferson $4,000.00 ---------......................... .......... ......................... .............. Lewis- N/A Skagit $33;568.93 Thurston $4,947.00 Ilveraue $3,776.99 On our current.pay scale,the starting pay,for a Levy/ Personal Property Technician is Range 21, $3,679, $44,159 annu allv..I am happy to report that this data reflects pay that is equivalent to our comparable counties. Below, you'll see the average pay for both positions combined. Chief Deputy Assessor Personal Property Comparable County Starting Salary- Comparable County S tartiba Salary- Monthly Monthly Cowlitz S5,750.00 Cowlitz 54 LOO Grays Harbor $6,156.00 Grays Harbor S3,128,00 Jefferson $4,000.00 Jefferson S4,000.0.6 Lewis 54,75.6.00 Lewis N/A Skagit $6,261.48 Skagit $3,568.03 Thurston $8,080.00 Thurston $4,047.00 Averagge $4,899.49 ,As stated above., the combination,of responsibilities of a Levy/Personal Property Technician is rather unique, since:I am unable to compare this position to a:similar position of a comparable county. However, as you'll see above, the average starting Monthly pay is $4,899,. ore than I ge start m an 3 3'Ma higher than the starting pay of a Levy/Personal Property Technician, Range 21. I would therefore appreciate an opportunity to ined with you to discuss increasing the Ran9 e*o a Levy/Personal Property Technician so,that it is in-line with current comparable county averages. I request the Range of a Levy/Personal Property Technician be reclassified as a Range 2.6, which I believe reflects.the data,pres6nted above. Once again; I-would like to express my sincere thanks for the support you have shown me, and E look fo rward to continuing to serve.the department. Respectfully, ................ Clara J. Stiles ............................... ............ Mason County Support Services Department Budget Management �� cp th Commissioner Administration 411 North 5 Street Shelton WA 98584 Emergency Management r , Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services . = Labor Relations I3 APB Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES September 28, 2020 • Specific Items for Review o Beckman contract expires in December 2020; request to extend for 2 additional years—Diane 0 4th Quarter Meeting Schedule including 2021 Budget Workshops enclosed - Diane o Corona Virus Relief Fund distribution review—Frank o Review of agreements with PUD 1 and PUD 3 for COVID expenses—Frank o Request from Housing Authority Commissioner Haigh for briefing- Frank • Commissioner Discussion o Proclamation designating Mason County a clean energy community—Cmmr. Shutty J:\DLZ\Briefmg Items\2020\2020-09-28.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter/McKenzie Smith DEPARTMENT: Support Services EXT: 589 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Extend the Professional Services Contract for Real Estate Services with Richard Beckman for an additional two years. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Richard Beckman has been representing the County in Real Estate matters since 2016. He was previously granted a contract extension for one year which has expired. An RFP was held between October 2-23rd, 2018. BUDGET IMPACT: Commission is as follows: Commercial land — 7% Residential land — 5% Vacant land — 8% PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings,etc.) None. RECOMMENDED OR REQUESTED ACTION: Extend the Professional Services Contract for Real Estate Services with Richard Beckman Realty Group, LLC for an additional two years. ATTACHMENTS: Copy of contract and Amendment 9.28.2020 Briefing Item Summary Form MASON COUNTY PROFESSIONAL SERVICES CONTRACT REAL ESTATE SERVICES This CONTRACT is made and entered into by and between Mason County,.hereinafter referred to-as"COUNTY"and Richard Beckman Realty Group, LLC hereinafter referred to as "CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide professional real estate services including the sale of surplus property and additional.services as deemed necessary; and WHEREAS, COUNTY released a Request for Proposals (RFP) soliciting proposals from. qualified individuals and/or firms, and the.CONTRACTOR submitted a proposal which was awarded; 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 Offer Acceptance to Close of Sale Timeline: CONTRACTOR is responsible for ensuring that Offers to purchase being submitted to the County Commissioners for acceptance consideration include adequate time for processing the Offer. CONTRACTOR must allow a minimum ofthirty(30) days from date of Offer submission —to estimated ownership transfer(Closing) date with the understanding that any Counter-Offers made by COUNTY or the potential Buyer will.add.and additional fifteen ('15)days to the processing timeline for each.Counter-Offer. It is the CONTRACTOR's responsibility to`inform the potential Buyers of the timeline. Marketing: CONTRACTOR will conduct marketing efforts at the expense of:CONTRACTOR except for direct cost marketing, such as neighborhood`flyers, community postcards and large format newspaper ads which may be approved and paid for by COUNTY.Any direct marketing cost must be approved in writing by County prior to incurring the expense. COUNTY will'not be responsible for reimbursing CONTRACTOR for any expenses incurred:prior to obtaining written approval. Seller Fees: COUNTY will be responsible-for the costs associated with routine seller fees and/.or charges associated with Closing. These costs may include, but would not be limited to: title, escrow, property taxes and similar. 1 Buyer Fees:` COUNTY acknowledges that although Buyers fees.and charges such as title, escrow, and property taxes are typically paid by the Buyer, these items can be negotiated as part of the real estate contract and may be paid by COUNTY if COUNTY agrees as part of the sale negotiation. Property Sale Closing After Contract Expiration: If COUNTY'receives.and accepts a purchase and sales agreement before the end of the term of this CONTRACT,.and the Closing occurs after this CONTRACT expires COUNTY will pay the agreed.upon sales commission to CONTRACTOR. IRS W-9 Form: CONTRACTOR will. provide COUNTY with a completed IRS W-9 form within five (5) days of CONTRACT execution. Additional Services: Should COUNTY request and CONTRACTOR agree to provide any additional services the services to be provided and the compensation the CONTRACTOR will receive must be detailed in a written document signed by individuals authorized,to bind each of the parties. Present Offers: CONTRACTOR will present Offers to COUNTY=at.Commissioners' Briefings if requested by COUNTY's Property Manager or designee. General Conditions Scope of Services: The CONTRACTOR agrees to provide COUNTY the services and any materials as required.to provide the identified services during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period:. The performance period for this CONTRACT will start upon date of the last signature and will last for two (2)years. Extension The duration of this CONTRACT may be extended by mutual written consent of the parties for a .period of two additional years. 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 unlessboth parties hereto agree to such provision in writing". Compensation: CONTRACTOR will be paid a commission for sales as.follows: Commercial property at seven percent(79/6) of the gross sales price; Residential property at five percent (5%) of the gross sales price; and Vacant Land at eight percent(8%).of the gross sales price. A minimum commission of$500.00 will be paid regardless.of sales price or proceeds. CONTRACTOR's commission will be paid at time of Closing by the Escrow Company handling,the transfer of ownership. 2 If the COUNTY.chooses to:have the CONTRACTOR assist with acquisition of property outside 'of a MLS.service, a 5% commission will.be charged, with a minimum commission of$1,000. 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. Independent Contractor: 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. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in "Compensation" above 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. 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. 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 Many 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. CONTRACTOR has disclosed that a Mason.County employee works for the Richard Beckman Realty Group as a.licensed Real Estate agent which, at the time of.contract execution, has not been deemed a conflict. Non-Discrimination in Employment: l 3 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. 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. 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. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or .otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies.to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation.to.refrain. from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the:claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder,..at its option and expense, to obtain:for 'COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no.reduction in performance or loss results to COUNTY. Confidentiality: 4 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, attomeys' 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. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit A Insurance Requirements." 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: 1. 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, 5 damages, losses and expenses, including but not limited to court costs,.attorney's fees and :alternative dispute resolution costs,forany 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. Participation by County—No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the. extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations,: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America,the State of Washington, political subdivisions of.the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Budget Manger or his/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: Budget Manager Mason County 411 N. 5th Street Shelton, WA 98584 CONTRACTOR's Primary Contact's Information: Richard Beckman, Designated Agent 6 Richard Beckman Realty Group 117 N 8th Street Shelton, WA 98584 Phone: 360-426-5521 E-mail: richard@richardbeckman.coin 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.000NTY'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: 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 CO.UNTY'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 completing the work, including all increased costs for completing the work, and all.damage sustained; or which maybe sustained by COUNTY by reason of such default. 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. 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. Disputes: 1. 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. 2. The CONTRACTOR shall not.be entitled to additional'compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer of COUNTY, or(2)the happening of any event or occurrence,:unless the CONTRACTOR.has given COUNTY a written Notice of Potential Claim within ten.(10) days of the commencement of 7 the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim.. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used,. and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a.detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration:. Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or:pursuant to this arbitration provision), and consistent with the.provisions hereinabove, any claim, dispute,or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton,.Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this,CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not,-by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance); or any other remedy available.from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive_remedy between them regarding any dispute presented or pled before the arbitrator. Atthe request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree-Jo 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. 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 8 exercise any option herein conferred n.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 and federal and state executive orders. B. CONTRACT-Special Conditions C. CONTRACT-General Conditions D. Request for Real Estate Services Proposal as Issued by COUNTY E. CONTRACTOR's Proposal as Submitted and'Revised by CONTRACTOR 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. Exhibits: Exhibit A-Insurance Requirements Exhibit B-Request for Proposals Exhibit C-Proposal Submitted by Richard Beckman Realty Group, LLC. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. RICHARD BECKMAN REALTY GROUP,,LLC BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Richard Beckman, Designated Broker R, dy Neather rn, Chair Dated: /Ti Dated: /i f i3t APPROVED AS TO FORM: Tirn Whitehead, Chief DPA 9 COMMISSION MEETING SCHEDULE SUBJECUO CHANGE October 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sept 28- 9 a.m. 1 2 3 Briefings 4 5 9 a.m.Briefings 6 7 9 10 2 p.m.2021 Budget 9 a.m.Commission Workshop mtg a 11 12 13 9 a.m.2021 14 9 a.m.2021 15 16 17 Budget Workshops Budget Workshops 18 19 9 a.m.2021 20 21 22 23 24 Budget Workshops 9 a.m.Commission mtg 25 26 9 a.m.Briefings 27 28 29 30 31 2 p.m.2021 Budget Workshop November 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 9 a.m.2021 3 9 a.m. 4 5 6 7 Budget Workshop Commission mtg 8 9 9 a.m.Briefings 10 11 HOLIDAY 12 13 14 2 p.m.2021 Budget Workshop 15 16 17 9 a.m. 18 19 20 21 Commission meeting 22 23 9 a.m.Briefings 24 9 a.m. 25 26 HOLIDAY 27 HOLIDAY 28 2021 Preliminary Budget Commission meeting due to public need to adopt 2021 levies 29 30 9 a.m.Briefings December 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 9 a.m.2021 8 9 a.m. 9 10 11 12 Budget Hearing& Commission meeting Briefings 13 14 15 9 a.m. 16 17 18 19 Commission meeting 20 21 22 23 24 25 HOLIDAY 26 27 28 29 30 31 1:\DIZ\Brlefing Items\2020\Oct Nov Dec 2020 Quarterly Calendar 2.xlsx 9/22/2020 Mason County Coronavirus Relief Fund Proposed Distribution Allocation 9/28/2020 Eligible expenditures include,but are not limited to,payment for: General Families Fed/State CARES FEMA Fund REET 1 First Grants ADC Total $(000) 1 'Medical expenses such as: la `•COVID-19-related expenses of public hospitals,clinics,and similar facilities. lb •Expenses of establishing temporary public medical facilities and other measures to Increase COVID-19 treatment ;capacity,including related construction costs. Prepare Building 10 Roofing for Quarintine and Isolation Facility Plan $ 300 $ 300 Prepare Building 10 Selzemic for Quarintine and Isolation Facility Plan $ 377 $ 377 lc Costs of providing COVID-19 testing,including aerological testing. Id Emergency medical response expenses,Including emergency medical transportation,related to COVID-19. Public Health contact tracing contract $ 250 $ 250 le Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment. Total $ ,927- $ - $ - $ _- $ _- _$_ - _$.. - $ 927. 2 :Public health expenses such as: 2a 1-Expenses for communication and enforcement by State,territorial,local,and Tribal governments of public health I lorders related to CDVID-19. _ 2b •Expenses for acquisition and distribution of medical and protective supplies,including sanitizing products and personal protective equipment,for medical personnel,police officers,social workers,child protection services,and child welfare officers,direct service providers for older adults and individuals with disabilities in community settings,and other public !health or safety workers In connection with the COVID-19 public health emergency. Washington assistance to Non Profits $ - $ _ WSALPHO COVID Costs $ 15 $ 15 County Wide COVID related expenditures Financial Services Reconciliation CARES funded $ 48 $ 46 $ 342 $ 436 Add'I expenditures County Wide COVID expenditures Financial Services Reconciliation CARES Funded $ 10 $ 60 $ 10 $ 80 Additional Supplies Masks Cleaning $ 6 $ 38 $ 6 $ 50 Additional Supplies for COVID Preparadness $ 6 $ 38 $ 6 $ 50 2c 1•Expenses for disinfection of public areas and other facilities,e.g.,nursing homes,In response to the COVID-19 public health emergency. Port of Allyn COVID Related mitigation costs $ 6 $ 6 2d i•Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to !public health and safety. 2e I•Expenses for public safety measures undertaken in response to COVID-19, i PUD 3 Delinquent Accounts $ 430 $ 410 PUD 1 Delinquent Accounts $ 50 $ 50 Hood Canal Delinquent Accounts $ 105 $ 105 Assistance to Additional Utilities Delinquent Accounts $ 300 $ 300 Building 10 Tenant Improvements for oversized Superior and District Courtroom $ 1,077 $ 1,677 $ 2,754 Building l Automatic Sliding Doors $ 25 $ 25 Courthouse Touchless Body Scanners $ 225 $ 225 Jail Touchless Interior/Physical Body Scanner $ 275 $ 275 JAVS for Oversized Superior Courtroom $ 70 $ 70 JAVS for Oversized District Courtroom $ 50 $ 50 Recoverable County Wide COVID related Payroll - $ 237 $ 413 $ 15 $ 665 2f I•Expenses for quarantining individuals. - TotaH$_2,795__$__ 595 $ _ _$ 3,677_$___15__$ _364_$__120-$ _5,566 3 Payroll expenses for p biic safety,public hea th,healt�i a re,hu an service,ands filar employees whose services are substantially dedicated to m Ggati g or responding to f e COU(O-��9 public health emergency. 5 - $ Total $ $ $ S $ Mason County Coronavirus Relief Fund Proposed Distribution Allocation 9/28/2020 Eligible expenditures include,but are not limited to,payment for: General Families Fed/State CARES FEMA Fund REET 1 First Grants AOC Total $(000) 4 Expenses of actions to facilitate compliance with COVID-19-related public health measures,such as:. 4a •Expenses forfood deliveryto residents,including,for example,.senior citizens and othervulnerable populations,to - enable compliance with COVID-19 public health precautions. 46 .•Expenses to facilitate distance learning,including technological improvements,in connection with school closings to enable compliance with COVID-19 precautions. 1/2 PUD 3 Hot Spots $ 155 $ 155 Assistance for Day Care to County Employees with children not In school $ 125 $ 125 Assistance in providing daycare for North county citizens North Mason Boys/Girls Club $ 75 $ 75 4c .. •Expenses to Improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. Teleworking laptops $ 160 $ 160 Teleworking Network Software $ 50 $ 50 Teleworking Network Hardware $ 12 $ 12 Telework ZOOM License $ 5 $ 5 Building 10 Telework Network Expansion for JAVS $ 10 $ 10 It Staff to Implement telework Improvements $ 25 $ 25 4d .•Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 'public health precautions. 4e •COVID-19-related expenses of maintaining state prisons and county jails,including as relates to sanitation and Improvement of social distancing measures,to enable compliance with COVID-19 public health precautions. 4f Expenses for'care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. Total $ 617 $ - $ - $ - $ $ - $ ;, $ 617 5 Expenses associated with the provision of economic support in connection with the COVID-19 public ,health emergency,such as: 5a ;•Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption ;caused by required closures. Economic Support for Local Business via EDC $ 300 $ 300 Salary Support for EDC to support Local Business grants $ 25 $ 25 Economic Support for Local Business via EDC Media $ 20 $ 20 2nd Round of Economic Support for Loral Business via EDC $ 300 $ 300 2nd Round of Salary Support for EDC to support Local Business grants $ 25 $ 25 Sb Expenditures related to a-State;territorial,local,or Tribal government payroll support program.' Sc •Unemployment insurancecosts related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Actor otherwise. - Total $_.-:670—$ _ _ $, $ _ $ $- $ - $_.:. .-670, 6 Any other C0VI0-19-related expenses reasonably necessary o the function of government that satisfy the Fund's eligibilit crite,pia. $ Total $ $ 5 $ $ Grand Total $ 5,009 $ 595 $ - $ 1,677 $ 15 $ 364 $ 120 $ 7,780 CARES Funding Available $ 5,211 Remaining Available Balance $ 202 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle for Frank Pinter DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: September 14th, 2020 ITEM: CARES Subrecipient Agreement between Mason County and Mason County PUD 3 for reimbursement of utility payment assistance to Mason County resident customers to avoid utility disconnect due to COVID-19 implications EXECUTIVE SUMMARY: CARES Funding is available help Mason County residents experiencing severe financial hardship due to job loss, layoff, reduction of work hours or other circumstances resulting from the COVID-19 emergency that need utility payment assistance to avoid utility disconnect and thereby endanger the health and well-being of such impacted residents, with such allocation of funds to be consistent with the Reimbursement requirements BUDGET IMPACTS: $300,000 CARES Act Funding Eligible RECOMMENDED OR REQUESTED ACTION: Request the Board review and add to the October 6"', 2020 Action Agenda the CARES Subrecipient Agreement between Mason County and Mason County PUD 3 for reimbursement up to $300,000 in utility payment assistance to Mason County resident customers to avoid utility disconnect due to COVID-19 implications ATTACHMENTS: Draft.CARES Subrecipient Agreement J:\Budget Office\Briefing, Agenda, &Public Hearing Items\2020\Briefmg Summary 9.28.2020-PUD 3 Utility CARES Agreement.doc CARES SUBRECIPIENT AGREEMENT This CARES Subrecipient Agreement ("Agreement") is dated as of the day of , 2020, by and between Mason County, a Washington political subdivision ("County"),and Mason County PUD 3,a Washington state public utility("Subrecipient"). WHEREAS, Washington State has allocated to the County federal stimulus funding("CARES Funds") under Section 601(a) of the Social Security Act, as amended by Section 5001 of the Coronavirus Aid,Relief, and Economic Security Act and Section V and VI of the CARES Act ("CARES Act") for the limited purposes identified in the Interagency Agreement between the Washington State Department of Commerce and Mason County("IGA"),identified as Attachment A and the Coronavirus Relief Funds for Local Governments Program Guidelines ("Program Guidelines"), identified as Attachment B. Attachments A and B are attached hereto and incorporated herein by this reference. WHEREAS, the CARES Act authorizes the County to seek reimbursement from the State for. certain costs incurred in response to the COVID-19 public health emergency during the period of March 1, 2020 through October 31, 2020, which may include reimbursement of expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency,such as providing economic support to those suffering from employment or business interruptions due to COVID-19 related business closures. WHEREAS, all requests submitted by the County to the State for reimbursement must be for expenses that are 1)connected to the COVID-19 emergency;2)necessary expenses,3)not filling a short fall in government revenues, 4) not funded thru another budget line item, allotment or allocation, as of March 27,2020, and 5)would not exist without COVED-19 or would be for a substantially different purpose as provided in the IGA and Program Guidelines (collectively "Reimbursements"). WHEREAS, the County desires to allocate portions of the CARES Funds to Mason County residents experiencing severe financial hardship due to job loss,layoff,reduction of work hours or other circumstances resulting from the COVID-19 emergency that need utility payment assistance to avoid utility disconnect and thereby endanger the health and well-being of such impacted residents,with such allocation of funds to be consistent with the Reimbursement requirements. WHEREAS,the County and Subrecipient desire to enter into this Agreement so that the County may seek CARES Funds for appropriate and qualifying Reimbursements of grant funds advanced to the Subrecipient by the County for provision of residential utility assistance grants to be made by the Subrecipient to eligible residents who are utility customers of the Subrecipient under the IGA and Program Guidelines. NOW,THEREFORE,in consideration of the foregoing recitals which are incorporated herein by reference,and the terms and conditions set forth below,the parties agree as follows: 1 CARES Subrecipient Agreement 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until November 15;2020,unless terminated by the County in writing. 2. Subrecipient's Use of CARES Funds.The Subrecipient shall ensure that the CARES Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) medical expenses, b) public Health, c) payroll expenses, d) expenses of actions to facilitate compliance with COVID-19 public health measures, e) expenses associated with the provision of economic support, or f) any other COVID-19 related expense necessary to the function of government that satisfy the Reimbursement eligibility criteria. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid;b)damages covered by insurance;c)payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program,such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Reimbursement Request Support. To facilitate the County's seeking reimbursement of CARES funding under the IGA,the Subrecipient will submit an A-19 equivalent report to the County, on or before November 15, 2020, detailing the utility assistance grants disbursed by the Subrecipient.Such schedule may be modified with the prior approval of the County.Failure to provide any of the required documentation may result in termination of the Agreement and no Reimbursement of funds paid to the Subrecipient by the County. 5. CARES Funds.The County agrees to Reimburse the Subrecipient a total sum not to exceed $300,000 by November 30, 2020 provided that the COVID-19 Reimbursement request support is received as stated in Section 4 of this Agreement.The County will not provide the funds up front to the Subrecipient upon Execution of this Agreement. 6. Termination.The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages,upon prior notice to the Subrecipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership,a joint venture, or a relationship of principal and agent, or employer and employee between the parties.The Subrecipient shall not be,or be deemed to be,or act or purport to act,as an employee,agent,or representative of the County for any purpose. 2 CARES Subrecipient Agreement 8. Indemnification. The Subrecipient agrees to defend,indemnify and hold the County,its officers,.officials,employees,agents and volunteers harmless from and against any and all claims,injuries,damages,losses or expenses including without limitation personal injury, bodily injury,sickness,disease,or death,or damage to or destruction of property,which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient,its officers,directors,employees,and/or agents relating to the Subrecipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws,Guidelines.The Subrecipient shall comply with all federal,state, and local laws and all requirements(including certifications and audits)of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Subrecipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement.These records shall be subject to inspection,review and audit by the County or its designee,the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five(5)years following termination of this Agreement.If it is determined during the course of the audit that the Subrecipient was reimbursed for unallowable costs under this Agreement or any, the Subrecipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing,and shall be deemed received three(3)days after deposit with the U.S.Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address,or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Subrecipient Mason County PUD 3 Attn:Annette Creakpaum P.O.Box 2148 2621 E Johns Prairie Rd Shelton,WA 98584 Mason County Attn:Frank Pinter 411 N Fifth St Shelton,WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement.Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining,or extending this Agreement. 3 CARES Subrecipient Agreement 13. Conflict of Interest.The elected and appointed officials and employees of the parties shall not have any personal interest,direct or indirect,which gives rise to a conflict of interest. 14. Time.Time is of the essence in this Agreement. 15. Survival.The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment.No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law,Venue.The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County,Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the County to exercise,and no delay in exercising, any right hereunder shall operate as a wavier thereof,nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 18. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment The Subrecipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals,whether electronic,oral,or written between the parties with respect to this Agreement. 21. No Third Party Beneficiaries.Nothing herein shall or be deemed to create or confer any right,action,or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of CARES funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 4 CARES Subrecipient Agreement 23. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHEREOF,this Agreement is executed and shall become effective as of the last date signed below. DATED this day of ,2020. SUBRECIPIENT,MASON COUNTY PUD 3 By: Print Name: Annette Creekpaum Its: Manager DATED this_day of 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Trask,Chair Randy Neatherlin,Commissioner ATTEST: Kevin Shutty,Commissioner McKenzie Smith,Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief DPA 5 CARES Subrecipient Agreement ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF COMMERCE AND MASON COUNTY 6 CARES Subrecipient Agreement ATTACHMENT B WASHINGTON STATE DEPARTMENT OF COMMERCE CORONAVIRUS RELIEF FUNDS FOR LOCAL GOVERNMENTS PROGRAM GUIDELINES DATED 5-18-2020 7 CARES Subrecipient Agreement ATTACHMENT C SCOPE OF WORK The Board of Commissioners is directing up to$300,000 to residential utility assistance for residents of Mason County who are utility customers of Mason County PUD 3("MC PUD 3") using federal CARES funding. These funds must be fully distributed by October 31,2020.The intent of this grant is to provide utility assistance to Mason County residents who have been severely adversely impacted financially by the COVID-19 public health emergency due to job loss,reduction in work hours,layoff,illness or other circumstance that resulted in a significant loss of income that places them at risk of utility disconnect,and who meet the eligibility criteria outlined below. MC PUD 3 will be responsible for overseeing the program based upon the eligibility criteria, funding uses and process and deadline for distribution shown below. 1. Eligible Residents Individuals seeking CARES funding through this program must: Be a Mason County resident; • Be a Mason County PUD 3 residential utility account holder; • Have incurred a financial hardship due to the COVID public health emergency,such as a job loss,reduced work hours,lay off,illness or other circumstance leading to a significant reduction in household income or increase in Menses, • Priority will be given to customers subject to utility disconnect for non-payment; • Have or will agree to enter into a payment plan for utility fee arrearages not covered by the CARES relief provided under this program; • Consent to disclosure and release by MC PUD 3 to Mason County of all information gathered during the application process and details of award granted under this program; • Grant limitations:one utility assistance grant will be awarded per Household; 2. Program Funding and Award Amount Mason County shall make$300,000 of CARES funds available to the program that will be reimbursed to MC PUD 3 by the County-following receipt of COVID-19 Reimbursement request support as stated in Sections 4 and 5 of this Agreement. If resident is eligible for the utility assistance grant a credit will be applied to their MC PUD 3 electric account The grant will be based on the time period of the household's financial hardship due to the COVID public health emergency and will be a bill-forgiveness Program 8 CARES Subrecipient Agreement for one or more bills/charges incurred during that time period.Customers will be required to provide documentation of the financial hardship. Annual Annual A nual Annual ma* AAa* AAa* AAa* lneeFae keen+e lncenie lneeEne $12,76e 8 � e $34,459 $51-,720 c $43,440 $65,16 t'� .T624vo $78,699 W4,899 $30,080 369 $91,949 9_ $3546e e90 $99,649 $79-289 r,�29 $158,669 t to 49 a„ Formatted:Indent Left: 0" All funds are to be disbursed by the Suprecipient no later than October 31,2020. s. Application,Review and Distribution Process: a. Solicitation—MC PUD 3 will promote this utility assistance program on its website,through Community Action Council of Lewis,Mason,&Thurston Counties or other local agencies,and through social or other media. b. Application Submission--Applicants can apply by using the"COVID-19 Financial Assistance Application"form available on MC PUD 3's website and submit that form by mail,at one of MC PUD 3's drop boxes,email or fax,or alternatively by calling MC PUD 3's Customer Service center at 360-426-8255. Applicants are required to provide proof o£ 1. Loss of income(such as a layoff notice or determination letter from the Employment Security Department);and/or 2. Increase in household expenses incurred due to the COVID-19 emergency (such as costs of medical testing or treatment,care of sick or dependent 9 CARES Subrecipient Agreement household member,or costs incurred due to quarantine of a household member). c. Review Process--Applications will be reviewed by MC PUD 3's Customer Service Department. The Customer Service Department will review the application,gather any additional documentation,and make a determination whether the applicant is eligible for CARES Act Funding. d. Award and Disbursement—Based on review of the application,the Customer Service Department will determine the amount of the award based on the need-up maximm relief afneunt table. Awards will be disbursed via direct bill assistance handled by transactions created from the Customer Service Department,with award payments applied as credits to the Applicant's utility account. e. If MC PUD 3 believes an applicant is eligible for additional assistance from another agency above that available under this utility assistance program,MC PUD 3 will provide the necessary referral of that applicant as applicable. 4. Reporting MC PUD 3 shall submit a final report on applications received,and provide an A-19 equivalent report and signed certification detailing funds disbursed to each applicant outlining the applicant account number,applicant's city,type of award(residential utility assistance),brief description of applicant's COVID-19 related financial hardship(i.e.job loss,reduction in work hours,layoff,etc),amount awarded,and award disbursement date MC PUD 3 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 10 CARES Subrecipient Agreement ATTACHM ENT D COMPENSATION In order to maximize the amount of utility assistance available to eligible residents fmancially impacted by the COVID-19 public health emergency,MC PUD 3 has agreed to waive any compensation under this agreement to cover its administrative costs. 11 CARES Subrecipient Agreement MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle for Frank Pinter DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: September 14th, 2020 ITEM: CARES Subrecipient Agreement between Mason County and Mason County PUD 1 for reimbursement of utility payment assistance to Mason County resident customers to avoid utility disconnect due to COVID-19 implications EXECUTIVE SUMMARY: CARES Funding is available help Mason County residents experiencing severe financial hardship due to job loss, layoff, reduction of work hours or other circumstances resulting from the COVID-19 emergency that need utility payment assistance to avoid utility disconnect and thereby endanger the health and well-being of such impacted residents, with such allocation of funds to be consistent with the Reimbursement requirements BUDGET IMPACTS: $49,451.41 CARES Act Funding Eligible RECOMMENDED OR REQUESTED ACTION: Request the Board review and add to the October 6th, 2020 Action Agenda the CARES Subrecipient Agreement between Mason County and Mason County PUD 1 for reimbursement up to $49,451.41 in utility payment assistance to Mason County resident customers to avoid utility disconnect due to COVID-19 implications ATTACHMENTS: Draft CARES Subrecipient Agreement J:\Budget Off ce\Briefmg, Agenda,&Public Hearing Items.�2020\Briefing Summary 9.28.2020-PUD 1 Utility CARES Agreement.doc CARES SUBRECIPIENT AGREEMENT This CARES Subrecipient Agreement ("Agreement") is dated as of the day of , 2020, by and between Mason County, a Washington political subdivision ("County"),and Mason County PUD 1,a Washington state public utility("Subrecipient"). WHEREAS, Washington State has allocated to the County federal stimulus funding ("CARES Funds") under Section 601(a) of the Social Security Act, as amended by Section 5001 of the Coronavirus Aid,Relief, and Economic Security Act and Section V and VI of the CARES Act ("CARES Act") for the limited purposes identified in the Interagency Agreement between the Washington State Department of Commerce and Mason County("IGA"),identified as Attachment A, and the Coronavirus Relief Funds for Local Governments Program Guidelines ("Program Guidelines"), identified as Attachment B. Attachments A and B are attached hereto and incorporated herein by this reference. WHEREAS, the CARES Act authorizes the County to seek reimbursement from the State for certain costs incurred in response to the COVID-19 public health emergency during the period of March 1, 2020 through October 31, 2020, which may include reimbursement of expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency,such as providing economic support to those suffering from employment or business interruptions due to COVID-19 related business closures. WHEREAS, all requests submitted by the County to the State for reimbursement must be for expenses that are 1)connected to the COVED-19 emergency;2)necessary expenses,3)not filling a short fall in government revenues, 4)not funded thru another budget line item, allotment or allocation, as of March 27,2020, and 5)would not exist without COVID-19 or would be for a substantially different purpose as provided in the IGA and Program Guidelines (collectively "Reimbursements"). WHEREAS, the County desires to allocate portions of the CARES Funds to Mason County residents experiencing severe financial hardship due to job loss,layoff,reduction of work hours or other circumstances resulting from the COVID-19 emergency that need utility payment assistance to avoid utility disconnect and thereby endanger the health and well-being of such impacted residents,with such allocation of funds to be consistent with the Reimbursement requirements. WHEREAS,the County and Subrecipient desire to enter into this Agreement so that the County may seek CARES Funds for appropriate and qualifying Reimbursements of grant funds advanced to the Subrecipient by the County for provision of residential utility assistance grants to be made by the Subrecipient to eligible residents who are utility customers of the Subrecipient under the IGA and Program Guidelines. NOW,THEREFORE,in consideration of the foregoing recitals which are incorporated herein by reference,and the terms and conditions set forth below,the parties agree as follows: 1 CARES Subrecipient Agreement 1. Effective Date and Term. This Agreement"shall commence when last executed by all parties and remain in effect until November 15,2020,unless terminated by the County in writing. 2. Subrecipient's Use of CARES Funds.The Subrecipient shall ensure that the CARES Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) medical expenses, b) public Health, c) payroll expenses, d) expenses of actions to facilitate compliance with COVID-19 public health measures, e) expenses associated with the provision of economic support, or f) any other COVID-19 related expense necessary to the function of government that satisfy the Reimbursement eligibility criteria. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid;b)damages covered by insurance;c)payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program,such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Reimbursement Request Support. To facilitate the County's seeking reimbursement of CARES funding under the IGA,the Subrecipient will submit an A-19 equivalent report to the County, on or before November 15, 2020, detailing the utility assistance grants disbursed by the Subrecipient. Such schedule may be modified with the prior approval of the County.Failure to provide any of the required documentation may result in termination of the Agreement and no Reimbursement of funds paid to the Subrecipient by the County. 5. CARES Funds.The County agrees to Reimburse the Subrecipient a total sum not to exceed $49,451.41 by November 30,2020 provided that the COVID-19 Reimbursement request support is received as stated in Section 4 of this Agreement.The County will not provide the funds up front to the Subrecipient upon Execution of this Agreement. 6. Termination.The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages,upon prior notice to the Subrecipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties.The Subrecipient shall not be,or be deemed to be,or act or purport to act,as an employee,agent,or representative of the County for any purpose. 2 CARES Subrecipient Agreement 8. Indemnification. The Subrecipient agrees to defend,indemnify and hold the County, its officers,officials,employees,agents and volunteers harmless from and against any and all claims,injuries,damages,losses or expenses including without limitation personal injury, bodily injury,sickness,disease,or death,or damage to or destruction of property,which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient,its officers,directors,employees,and/or agents relating to the Subrecipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws Guidelines.The Subrecipient shall comply with all federal,state, and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Subrecipient shall maintain records, books, documents,and other materials relevant to its performance under this Agreement.These records shall be subject to inspection,review and audit by the County or its designee,the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five(5)years following termination of this Agreement.If it is determined during the course of the audit that the Subrecipient was reimbursed for unallowable costs under this Agreement or any, the Subrecipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing,and shall be deemed received three(3)days after deposit with the U.S.Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address,or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Subrecipient Mason County PUD,1 Attn:Kristin Masteller N 21971 Hwy 101 Shelton,WA 98584 Mason County Attn:Frank Pinter 411 N Fifth St Shelton,WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement.Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining,or extending this Agreement. 3 CARES Subrecipient Agreement 13. Conflict of Interest.The elected and appointed officials and employees of the parties shall not have any personal interest,direct or indirect,which gives rise to a conflict of interest. 14. Time.Time is of the essence in this Agreement. 15. Survival.The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment.No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law;Venue.The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County,Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the County to exercise,and no delay in exercising, any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 18. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment The Subrecipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals,whether electronic,oral,or written between the parties with respect to this Agreement. 21. No Third Party Beneficiaries.Nothing herein shall or be deemed to create or confer.any right,action,or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of CARES funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 4 CARES Subrecipient Agreement 23. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHEREOF,this Agreement is executed and shall become effective as of the last date signed below. DATED this day of ,2020. SUBRECIPIENT,MASON COUNTY PUD 1 By: Print Name: Kristin Masteller Its: General Manager DATED this_day of 2020. BOARD OF COUNTY COMNIISSIONERS MASON COUNTY,WASBINGTON Sharon Trask,Chair Randy Neatherlin,Commissioner ATTEST: Kevin Shutty,Commissioner McKenzie Smith,Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief DPA 5 CARES Subrecipient Agreement ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF COMMERCE AND MASON COUNTY 6 CARES Subrecipient Agreement ATTACHMENT B WASHINGTON STATE DEPARTMENT OF COMMERCE CORONAVIRUS RELIEF FUNDS FOR LOCAL GOVERNMENTS PROGRAM GUIDELINES DATED 5-18-2020 7 CARES Subrecipient Agreement ATTACHMENT C SCOPE OF WORK The Board of Commissioners is directing up to$49,451.41 to residential utility assistance for residents of Mason County who are utility customers of Mason County PUD 1("MC PUD 1") using federal CARES funding. These funds must be fully distributed by October 31,2020.The intent of this grant is to provide utility assistance to Mason County residents who have been severely adversely impacted financially by the COVID-19 public health emergency due to job loss,reduction in work hours,layoff,illness or other circumstance that resulted in a significant loss of income that places them at risk of utility disconnect,and who meet the eligibility criteria outlined below. MC PUD 1 will be responsible for overseeing the program based upon the eligibility criteria, funding uses and process and deadline for distribution shown below. 1. Eligible Residents Individuals seeking CARES funding through this program must: o Be a Mason County resident; • Be a Mason County PUD 1 residential utility account holder; • Have incurred a financial hardship due to the COVID public health emergency,such as a job loss,reduced work hours,lay off,illness or other circumstance leading to a significant reduction in household income bd increase in ex enses; commented LIs11:PUD s aaaea the wording into their agreement with the County.I thought this may be helpful to • Priority will be given to customers subject to utility disconnect for non-payment that have have in PUD I's agreement as well. been in communication with MC PUD I regarding their financial situation; • Have or will agree to enter into a payment plan for utility fee arrearages not covered by the CARES relief provided under this program; • Consent to'disclosure and release by MC PUD 1 to Mason County of all information gathered during the application process and details of award granted under this program; • Grant limitations:one utility assistance grant will be awarded per Household; 2. Program Funding and Award Amount Mason County shall make$49,451.41 of CARES funds available to the program that will be reimbursed to MC PUD 1 by the County following receipt of COVID-19 Reimbursement request support as stated in Sections 4 and 5 of this Agreement. 8 CARES Subrecipient Agreement Eligible residents shall be awarded an utility assistance grant in the form of a credit applied to their utilities account with MULTI) 1 up to a maximum amount under one application or disconnect risk event iseheld size and ineeme as eudifted in the table be' Formatted:Justified,Indent:Left: 0.25" ARRNal A RFltl21. ARRHal ARRNaI MaN Me* ma* flAa>E inee ie iReerAe lReeme �RE6R#e t' 7z+�o ro Formatted:Justified,Indent Left 0.25" r, 9 8 Formatted:Justified,Indent:Left: 0.25" t'� $43,449 $65,3:69 Formatted:Justified,Indent:Left: 0.25" 5�26,200 $52-,4W $78,600 Formatted:Justified,Indent:Left: 0.25" $30;689 $6i,369 $92,04A Formatted:Justified,Indent Left: $36,9669 $g$329 r,^� Formatted:Justified,Indent Left: 0.25" $39'649 c' r„ Formatted:Justified,Indent:Left: 0.25" $44,929 $88,240 $132,-369 Formatted:Justified,Indent:Left 0.25" All funds are to be disbursed by the Subrecipient no later than October 31,2020. 3. Application,Review and Distribution Process: a. Solicitation—MC PUD 1 will promote this utility assistance program on its website,through Community Action Council of Lewis,Mason,&Thurston Counties or other local agencies,and through social or other media b. Application Submission--Applicants can apply by using the"COVID-19 Financial Assistance Application"form available on MC PUD 1's website and submit that form by mail,at one of MC PUD 1's drop boxes,email or fax,or alternatively by calling MC PUD 1's Customer Service center at 360-877- 5249426-82M. Applicants are required to attest to one or more of the following hardshins:provide pme€-ek 1. Loss or reduction of income due to furlough or layoff at some point during the period of March 1,2020 to October 31,2020 2. Increase in household expenses incurred due to the COVID-19 emergency (such as costs of medical testing or treatment,care of sick or dependent 9 CARES Subrecipient Agreement household member,or costs incurred due to quarantine of a household member). c. Review Process--Applications will be reviewed by MC-PUD 1's Customer Service Department The Customer Service Department will review the application,gather any additional documentation,and make a determination whether the applicant is eligible for CARES Act Funding. d. Award and Disbursement—Based on review of the application,the Customer Service Department will determine the amount of the award based-on the need based on the past due amount taking into consideration existing payment arrangements with the District and any iWendine assistance funds that have been pledged to the account Awards will be disbursed via direct bill assistance handled by transactions created from the Customer Service Department,with award payments applied as credits to the Applicant's utility account. e. If MC PUD 1 believes an applicant is eligible for additional assistance from another agency above that available under this utility assistance program,MC PUD 1 will provide the necessary referral of that applicant as applicable. 4. Reporting MC PUD 1 shall submit a final report on applications received,and provide an A-19 equivalent report and signed certification detailing funds disbursed to each applicant outlining the applicant account number,applicant's city,type of award(residential utility assistance),brief description of applicant's COVID-19 related financial hardship(i.e.job loss,reduction in work hours,layoff,etc),amount awarded,and award disbursement date. MC PUD 1 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 10 CARES Subrecipient Agreement ATTACHMENT D COMPENSATION In order to maximize the amount of utility assistance available to eligible residents financially impacted by the COVID-19 public health emergency,MC PUD 1 has agreed to waive any compensation under this agreement to cover its administrative costs. 11 CARES Subrecipient Agreement MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle for Frank Pinter DEPARTMENT: Support Services EXT: S32 BRIEFING DATE: September 28, 2020 PREVIOUS BRIEFING DATES: September 14th, 2020 ITEM: CARES Subrecipient Agreement between Mason County and Mason County PUD 3 for the reimbursement of up to one half of the total costs of providing public Wi-Fi Hotspot locations throughout Mason County with a maximum cost reimbursement of$155,000. EXECUTIVE SUMMARY: The purpose of this agreement is to provide public Wi-Fi Hotspot locations throughout Mason County in order to provide free high-speed Wi-Fi hotspots to students and other citizens to practice appropriate social distancing and facilitate compliance with COVID-19 public health measures. CARES Funding is available to help Mason County residents with public health expenses such as expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. BUDGET IMPACTS: $155,000 CARES Act Funding Eligible RECOMMENDED OR REQUESTED ACTION: Request the Board review and add to the October 6thh, 2020 Action Agenda the CARES Subrecipient Agreement between Mason County and Mason County PUD 3 for reimbursement up to $155,000 in utility payment assistance to Mason County resident customers to avoid utility disconnect due to COVID-19 implications ATTACHMENTS: Draft CARES Subrecipient Agreement with PUD 3 for Wi-Fi Hotspots J:\Budget Office\Briefing, Agenda,&Public Hearing Items\2020\Briefing Summary 9.28.2020-PUD 3 Wi-Fi Hotspot CARES Agreement.doc i CARES SUBRECIPIENT AGREEMENT This CARES Subrecipient Agreement ("Agreement") is dated as of the day of , 2020, by and between Mason County, a Washington political subdivision ("County"),and Mason County PUD 3,a Washington state public utility("Subrecipient"). WHEREAS, Washington State has allocated to the County federal stimulus funding("CARES Funds") under Section 601(a) of the Social Security Act, as amended by Section 5001 of the Coronavirus Aid,Relief, and Economic Security Act and Section V and VI of the CARES Act ("CARES Act") for the limited purposes identified in the Interagency Agreement between the Washington State Department of Commerce and Mason County("IGA"),identified as Attachment A, and the Coronavirus Relief Funds for Local Governments Program Guidelines ("Program Guidelines"), identified as Attachment B. Attachments A and B are attached hereto and incorporated herein by this reference. WHEREAS, the CARES Act authorizes the County to seek reimbursement from the State for certain costs incurred in response to the COVID-19 public health emergency during the period of March 1, 2020 through October 31, 2020, which may include reimbursement of expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency,such as providing economic support to those suffering from employment or business interruptions due to COVED-19 related business closures. WHEREAS, all requests submitted by the County to the State for reimbursement must be for expenses that are 1)connected to the COVID-19 emergency;2)necessary expenses,3)not filling a short fall in government revenues, 4)not funded thru another budget line item, allotment or allocation, as of March 27,2020, and 5)would not exist without COVID-19 or would be for a substantially different purpose as provided in the IGA and Program Guidelines (collectively "Reimbursements"). WHEREAS,the County desires to allocate portions of the CARES Funds to Mason County PUD 3 for the purose of providing public Wi-Fi Hotspot locations throughout Mason County in order to provide free high-speed Wi-Fi hotspots to students and other citizens to practice appropriate social distancing and facilitate compliance with COVID-19 public health measures. Fesident; with sueh alleeatien ef funds te eensistent with the Reimbufsemeat requirements. WHEREAS,the County and Subrecipient desire to enter into this Agreement so that the County may seek CARES Funds for appropriate and qualifying Reimbursements of grant funds advanced to the Subrecipient by the County for provision of free public Wi-Fi Hotspot placement throughout Mason County. NOW,THEREFORE,in consideration of the foregoing recitals which are incorporated herein by reference,and the terms and conditions set forth below,the parties agree as follows: 1 CARES Subrecipient Agreement i 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until November 15,2020,unless terminated by the County in writing. 2. Subrecipient's Use of CARES Funds.The Subrecipient shall ensure that the CARES Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) medical expenses, b) public Health, c) payroll expenses, d) expenses of actions to facilitate compliance with COVID-19 public health measures, e) expenses associated with the provision of economic support, or f) any other COVED-19 related expense necessary to the function of government that satisfy the Reimbursement eligibility criteria. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid;b)damages covered by insurance;c)payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program,such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Reimbursement Request Support. To facilitate the County's seeking reimbursement of CARES funding under the IGA,the Subrecipient will submit an A-19 equivalent report to the County, on or before November 15, 2020, detailing the Wi-Fi Hotspots project :ostspOty disbursed by the Subrecipient.Such schedule may be modified with the prior approval of the County. Failure to provide any of the required documentation may result in termination of the Agreement and no Reimbursement of funds paid to the Subrecipient by the County. 5. CARES Funds.The County agrees to Reimburse the Subrecipient a total sum of one half of the total Wi-Fi Qroject costs to the Subrecipient not to exceed$155,000$300,000 by November 30, 2020 provided that the COVID-19 Reimbursement request support is received as stated in Section 4 of this Agreement.The County will not provide the funds up front to the Subrecipient upon Execution of this Agreement. 6. Termination.The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages,upon prior notice to the Subrecipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership,a joint venture, or a relationship of principal and agent, or employer and employee between the parties.The Subrecipient shall not be,or be deemed to be,or act or purport to act,as an employee,agent,or representative of the County for any purpose. 2 CARES Subrecipient Agreement i 8. Indemnification. The Subrecipient agrees to.defend,indemnify and hold the County,its officers,officials,employees,agents and volunteers harmless from and against any and all claims,injuries,damages,losses or expenses including without limitation personal injury, bodily injury,sickness,disease,or death,or damage to or destruction of property,which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient,its officers,directors,employees,and/or agents relating to the Subrecipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws.Guidelines.The Subrecipient shall comply with all federal,state, and local laws and all requirements(including certifications and audits)of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Subrecipient shall maintain records, books, documents,and other materials relevant to its performance under this Agreement.These records shall be subject to inspection,review and audit by the County or its designee,the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five(5)years following termination of this Agreement.If it is determined during the course of the audit that the Subrecipient was reimbursed for unallowable costs under this Agreement or any, the Subrecipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing,and shall be deemed received three(3)days after deposit with the U.S.Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address,or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Subrecipient Mason County PUD 3 Attn:Annette Creakpaum P.O.Box 2148 2621 E Johns Prairie Rd Shelton,WA 98584 Mason County Attn:Frank Pinter 411 N Fifth St Shelton,WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement.Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining,or extending this Agreement. 3 CARES Subrecipient Agreement i 13. Conflict of Interest.The elected and appointed officials and employees of the parties shall not have any personal interest,direct or indirect,which gives rise to a conflict of interest. 14. Time.Time is of the essence in this Agreement. 15. Survival.The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment.No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governin,a Law-,Venue.The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County,Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the County to exercise,and no delay in exercising, any right hereunder shall operate as a wavier thereof-,nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 18. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment The Subrecipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals,whether electronic,oral,or written between the parties with respect to this Agreement. 21. No Third Party Beneficiaries.Nothing herein shall or be deemed to create or confer any right,action,or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party.has to the Washington State Department of Commerce in connection with the use of CARES funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof;the 4 CARES Subrecipient Agreement i remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 23. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHEREOF,this Agreement is executed and shall become effective as of the last date signed below. DATED this day of ,2020. SUBRECIPIENT,MASON COUNTY PUD 3 By: Print Name: Annette Creekpaum Its: Manager DATED this_day of 12020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Trask,Chair Randy Neatherlin,Commissioner ATTEST: Kevin Shutty,Commissioner McKenzie Smith,Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief DPA 5 CARES Subrecipient Agreement i ATTACHMENT A i INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF COMMERCE AND MASON COUNTY 6 CARES Subrecipient Agreement i ATTACHMENT B WASHINGTON STATE DEPARTMENT OF COMMERCE CORONAVIRUS RELIEF FUNDS FOR LOCAL GOVERNMENTS PROGRAM GUIDELINES DATED 5-18-2020 7 CARES Subrecipient Agreement i ATTACHMENT C SCOPE OF WORK The Board of Commissioners is directing up to$155.000300,000 to Mason County PUD 3("MC PUD 3") using federal CARES fundingfor r the purpose of installing free public Wi-Fi Hotspots throughout Mason County. These funds must be fully distributed by October 31,2020.The intent of this grant is to provide free public high-sspeed-speed Wi-Fi hotspots to students and other citizens to practice appropriate social distancing and facilitate compliance with COVID-19 public health measure—milky assistanee to?,�en Geuffty residents whe have been s below. MC PUD 3 will be responsible for overseeing andthe installing the free high-speed Wi-Fi Hotspots in the locations outlined below by MC PUD 3 work denpr-egram based upon the eligibility eriteria;funding uses and preeess and deadline fer-dis4ibutien shown below. 1_1�ligil�le ResidentsFree High-Sneed Wi-Fi Hotsoot Locations by MC PUD 3 Work Order 407256 SANDHILL BALL FIELD 407258 COLLINS LAKE FIRE STATEION 407259 MCFD 11-ISLAND LAKE 407260 ,LATIMER'S LANDING 407261 MASON LAKE COUNTY PARK i 407262 SKOOKUM HALL 407265 PUBLIC WIFI EQUIPMENT PURCHASES 407.2.66 TRAILS END COMMUNITY CLUB TRAILS RD/SR106-HOOD CANAL SOUTH 407267 SHORE 407268 SOUTH SIDE SCHOOL 407269 PORT OF ALLYN PARK 1407270 MARY M KNIGHT SD 407277 CMFE STATION 5-11 HARSTINE ISLAND 407278 LAKE ARROWHEAD COMMUNITY CLUB 1407279 EVERGREEN SO PKING LOT-DT SHELTON 407280 MCFD 3-GRAPEVIEW LOOP ROAD 407284 PIONEER SCHOOL DISTRICT 8 CARES Subrecipient Agreement i 407285 BAYSHORE PRESERVE 407288 PORT OF DEWATTO&TAHUYA FIRE STATION i 407290 STAR LAKE COMMUNITY CLUB INC 1407293 MATLOCK GRANGE 407405 HOOD CANAL SCHOOL DISTRICT 407516 SOUTH MASON SOCCER PARK 407612 SHELTON HIGH SCHOOL j 407719 EVERGREEN&BORDEAUX SCHOOLS 407727 SCHAFER STATE PARK Formatted:Indent:Left: 0.25", No bullets or numbering Other work order locations for free high-speed Wi-Fi hotspots maybe added with the written consent of the County, • r a a 1 1 a l*due to the GOVID..ublie he.1t1� , eh as i2arc r r less,job e e Have or-will agree te eiAer-We a payment plan fer efility fee aFFeaFW9 not eevered by the CARES kderthispfegrara; • Gensefft to disel.,swe and release by MG nr m 3 to Mason neu fft. of e11_„f miat:e., a gathered dufing the pli et:. ,.d dete:ls of aw ard•b C a' f 2. Program Funding and Award Amount Mason County shall make$155M,000 of CARES funds available to the program that will be reimbursed to MC PUD 3 by the County following receipt of COVID-19 Reimbursement request support as stated in Sections 4 and 5 of this Agreement. Eligibleid ..t:awarded 1:ty assistanee gf ntappliedthe 4 of a edit to the:.. t'lit' aecount with NIC P D 3 up to a t unde one applientieft of dis eet risk event dependent lsehold size and ineeme as e.gined i the table bele% o ea 9, CARES Subrecipient Agreement i ARneal Aral Anwal l� MM l l r $66,160sge . r? c"� Sss,-sae $132,369 C+�se Formatted:Indent:Left: 0" All funds are to be disbursed by the Suprecipient no later than October 31,2020. 3. Application,Review and Distribution Process: a Solicitation—MC PUD 3 will promote the free high-Weed Wi-Fi hotspot location on its website,through Community Action Council of Lewis,Mason,&Thurston Counties or other local agencies,and through social or other media. b.—A-19pWjg@jj29 Submission—MC PUD 3 will submit an A-19 equivalent Formatted report to the County,on or before November 15,2020,detailing the Wi-Fi Hotspots project costs by location disburse by the Subrecipient.AVplk-a#s » boxes,fafm available on MG PUD 3's website and submit that feffn by ffmih email or-fax;er-altematively by eall a PUP 3's Gusteme.Se_,:se center at 360 426 8255 A ppl:6ants e s 2. r.,esese in housea ld e «.ed due t the COVID 19 emer-geney(sueb Formatted e. D e..Dragess A pplie tons will be reviewed by M40 P D 3's Guste ffieF 10 CARES Subrecipient Agreement i Sepviee Depat4meat will detefwAne the am"FA of the awaf;d based on the need up to the maximum allowed award meeMing te the househeld size and ineeme ffht*hTmn relief affieunt table. Awards will be disbmsedvia difeat bill assistaftee e.b. another-ageney above that available under-Us tifility assistaftee pregairr,MG J - 4. Reporting MC PUD 3 shall submit a final report on free high-Weed Wi-Fi installation costs detailed by location applies ioas r-eceived,and provide an A-19 equivalent report and signed certification detailing funds disbursed for the proi ect to include a description of the work payment amounts, and dates of payments. ' > > less,related fWaneial hardship(i.e.job > and awaFd disbufsement date MC PUD 3 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 11 CARES Subrecipient Agreement i ATTACHMENT D COMPENSATION In order to maximize the amount of utility assistance available to eligible residents financially impacted by the COVID-19 public health emergency,MC PUD 3 has agreed to waive any compensation under this agreement to cover its administrative costs. 12 CARES Subrecipient Agreement MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Judge Goodell, Renee Cullop DEPARTMENT: Therapeutic Courts EXT: 296 BRIEFING DATE: 9/28/2020 PREVIOUS BRIEFING DATES: n/a If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Qther— please explain ITEM: Therapeutic Court Caseworker PT FRC Expansion Grant EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) Under the SAMHSA FRC Expansion Grant we received, an additional $53,000 (carry over from the 2019-2020 budget) for the 2020-2021 grant cycle. We would like to utilize this money to hire a part time caseworker. With 30 new participants added through 8/31/2020, with additional participants expected within this grant cycle there is an urgent need for additional staff. BUDGET IMPACT: None 100% grant funded. PUBLIC OUTREACH: (Include any legal requirements,direct notice,website,community meetings,etc.) RECOMMENDED OR REQUESTED ACTION: 1) Approve the posting and hiring of the above stated position ATTACHMENTS: Briefing Summary 9/23/2020