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HomeMy WebLinkAbout2023/10/02 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF October 2, 2023 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. CoU���� . 1854 Commission meetings are live streamed at http://www.masonwebtv.com/ and public commented is accepted via email msmith@masoncountywa.gov; mailed to Commissioners Office, 411 N 5th Street, Shelton, WA 98584; or phone at (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ office no later than 4 p.m. the Friday before the meeting. If special accommodations are needed, contact the Commissioners' office at Shelton (360) 427 -9670 ext. 419 Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent version. Last printed 10/02/23 at 2:26 PM BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of October 2, 2023 *Zoom links are available online at www.masoncountywa.gov Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings. Monday, October 2, 2023 Commission Chambers Zoom Times are subject to change, depending on the amount of business presented 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion 10:00 A.M. Sheriff’s Office – Chief Hanson 10:10 A.M. Community Development – Kell Rowen 10:20 A.M. Public Health – Dave Windom 10:25 A.M. Public Works – Loretta Swanson Utilities & Waste Management 10:35 A.M. Support Services – Mark Neary 10:50 A.M. Auditor’s Office – Steve Duenkel Commissioner Discussion – as needed Tuesday, October 3, 2023 Public Works – 100 W Public Works Way, Shelton Hybrid – Zoom and In-Person Times are subject to change, depending on the amount of business presented 9:00 A.M. Commission Retreat Tuesday, October 3, 2023 Commission Chambers Zoom Times are subject to change, depending on the amount of business presented 1:00 P.M. 2024 Budget Workshop Wednesday, October 4, 2023 Commission Chambers Zoom Times are subject to change, depending on the amount of business presented 1:00 P.M. 2024 Budget Workshop Friday, October 6, 2023 Special Commission Meeting In-Person Times are subject to change, depending on the amount of business presented 1:00 P.M. Water/Utility Site Visit with Legislative Representatives Starting location – Public Works (100 W Public Works Drive) 1:30 P.M. Leave for Beards Cove 2:45 P.M. Leave Beards Cove for North Bay Case Inlet Wastewater Treatment Plant 3:45 P.M. Leave for Shelton C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Chief Hanson Ext. 369 Department: Jail Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): September 25&October 2,2023 Agenda Date: October 10,2023 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Nisqually Prisoner Housing Agreement Renewal Background/Executive Summary: As you're aware,Jail staffing continues to be problematic and has turned into a crisis. There are shifts going uncovered,patrol deputies working the Jail, and admin staff covering on a regular basis. There is an unsurmountable amount of overtime being worked, so much so that people are no longer answering their phones on their days off. The Jail has 25 funded Corrections Deputy positions and 2 Community Service Officer positions who count towards the Jail minimum staffing levels. Currently there are 7 vacant Corrections positions and 1 vacant Community Service Officer position. 2 more Deputies are expected to vacate their positions for 8-12 weeks each in the next few months,leaving the Jail without adequate staff resources to cover shifts. Until employees can be hired to fill the vacancies,we are strategizing how to safely and constitutionally run the Jail while keeping the community safe,with severely reduced staffing. Funding is needed to outsource 20 inmates to other facilities. With the reduced prisoner population,it is anticipated that the staffing requirements can be reduced from 27 FTE to 18.6 by reducing the minimum staffing levels from 4 down to 3 deputies between the hours of 0600-2200. The recently adopted contract with Lewis County is still on record,but they are on booking restrictions due to staffing shortages and are not accepting outsourced inmates. Budget Impact(amount,funding source,budget amendment): Nisqually charges$130 pay day to house their prisoners. We anticipate spending around$80k monthly. We anticipate the need to use outsourcing until February 2024,at a minimum cost of approximately$390k. We will provide population data as well as a monthly report on usage. C Mason County Agenda Request Form Y /AtJ Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Nisqually Jail Service Agreement to house inmates of Mason County in the Nisqually Detention and Corrections Center for the rate of$130 per inmate per day. Attachments Agreement NISQUALLY JAIL SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this day of , 2023, by and between the Nisqually Indian Tribe, a Federally Recognized Indian Tribe, hereinafter referred to as "Nisqually" and Mason County, hereinafter referred to as "Mason County." This agreement is for the housing of inmates of Mason County in the Nisqually Detention and Corrections Center hereinafter referred to as "jail"pursuant to Chapters 39.34 and 70.48 RCW. THE PARTIES HEREBY AGREE as follows: 1. SERVICE. Nisqually shall care for prisoners placed in the custody of officers of the Nisqually Jail and cooperate with the County to arrange for video hearings. The term "prisoner"shall include any person arrested,sentenced by the court or held under authority of any law or ordinance of Mason County; 2. REFUSAL OF PRISONERS. The Nisqually Police Chief or the Nisqually Corrections Director shall have the right to refuse to accept custody if in their opinion the prisoner does not meet medical(or other) criteria for booking. The Nisqually Corrections Director may also refuse to accept custody of a prisoner if doing so would result in overcrowding of the jail, or health, safety or security risks. Nisqually similarly shall have no obligation to receive a Mason County prisoner into custody absent proper documentation providing a legal basis for confining the prisoner. Mason County shall immediately transport any prisoner that is refused booking off the Nisqually Reservation. The parties agree that dumping of inmates denied booking on or near the Nisqually Reservation shall be grounds for immediate for-cause termination of this Agreement. 3. CARE. "Care" shall mean to provide room and board; to provide for the prisoner's physical needs; to retain the prisoner in custody; and to supervise and maintain proper discipline and control. In addition, prisoners housed pursuant to this Agreement shall be subject to the same rules and regulations required of other prisoners housed in the Nisqually Jail. Such rules and regulations shall comport with Washington state law, and federal law regarding issues of civil rights and due process of prisoners. 4. DURATION OF CONTRACT. The term of this agreement shall be for five (5) years, beginning_October l,st2023. The agreement may be terminated without cause by either party by providing the other party with sixty (60) days written notice. Notice shall be deemed proper when provided to: Jail Services Agreement Between Nisqually and Mason County Page 1 Nisqually: Chief Executive Officer Nisqually Indian Tribe 4820 She-Nah-Num Dr. S.E. Olympia, WA 98513 5. RELEASE. Prisoners will only be released when they have served their full time unless release is authorized by any other provision of this Agreement or is ordered by a court of competent jurisdiction. 6. NO GUARANTEED MINIMUM BED SPACE. Nisqually does not guarantee bed space. Bed space will be provided on a space-available basis. Nisqually shall have sole and unfettered discretion in determining whether or not space is available. Mason County shall immediately transport any prisoner denied booking off the Nisqually Reservation. Dumping of inmates on or near the Nisqually Reservation shall be grounds for immediate termination of this Agreement. 7. RATE/PAYMENT. Mason County shall pay to Nisqually the amount of$130.00 per day (Basic Inmate Rate) per inmate for care. A `day" is the twenty-four hour period beginning at 12:00 a.m. and ending at 11:59 p.m. in the Pacific Time Zone. Basic Inmate Rate will increase by 5% annually on January 1. Mason County shall pay such invoices within 30 days of receipt. Interest at the rate of 12% per annum shall be charged on all past due accounts. Without prejudice to any other contract rights available to it, if Mason County does not pay the invoice within Sixty (60) days of receipt of invoice, Nisqually, acting through its Police Chief, will not accept prisoners until the delinquent amount is paid in full. 8. MEDICAL CARE. Each party shall be responsible for the medical care and medical expenses of prisoners housed pursuant to this agreement as listed in Exhibit A, attached hereto and incorporated herein; provided that if the prisoner has his or her own medical coverage, Nisqually will coordinate with Mason County so that such insurance may be utilized. In the event that a prisoner requests non-urgent medical care, Nisqually shall contact Mason County for approval if Nisqually medical staff determines the prisoner request has merit. Mason County shall provide Nisqually with the names and telephone numbers of designated contact people who shall be available on a twenty-four-hour basis. Failure of Mason County to approve medical care shall relieve Nisqually of liability to Mason County for any injury resulting therefrom. In the event that Nisqually deems a prisoner to be in need of urgent or emergency care, Nisqually shall make the best efforts to contact Mason County, but may take any action it deems necessary to provide the prisoner with the needed care without obtaining prior approval, and said action(s) shall not affect Mason County's responsibility for paying for such medical care as required by this Agreement. Mason County shall reimburse Nisqually promptly for all medical Jail Services Agreement Between Nisqually and Mason County Page 2 expenses incurred by Nisqually for services that are the responsibility of Mason County under Exhibit A, "Medical Expenses." 9. TRANSPORTATION. Mason County shall be solely responsible for furnishing transportation for prisoners housed pursuant to this Agreement. Mason County may request that Nisqually provide necessary transportation and Nisqually shall make best efforts to provide such transportation, subject to staff availability, but shall not be obligated to provide such transportation. Mason County shall reimburse Nisqually for costs incurred for transportation. Such costs shall include mileage at the rate of$1.00 per mile,plus labor and overhead(0.5 x labor). Nisqually shall not transport any prisoner without the express agreement of Mason County unless such transportation is required by a court order or because of a medical emergency. 10. CUSTODY TRANSFER. Officers of Mason County placing a prisoner in custody of Nisqually will be required to remain in the immediate presence of the prisoner at all times until relieved of custody by Nisqually Corrections Staff. Booking out and/or release of Mason County's prisoners shall be the responsibility of Mason County's Officers. Mason County Officers shall immediately transport any prisoner that is refused booking off the Nisqually Reservation. The parties agree that dumping of inmates denied booking on or near the Nisqually Reservation shall be grounds for immediate for-cause termination of this Agreement. 11. ACCESS TO PRISONERS. Any commissioned Mason County law enforcement personnel, Mason County Prosecutors, City of Shelton Prosecutors, or defense council assigned to a prisoner shall have the right to interview the prisoner inside the confines of the Nisqually Jail subject only to necessary security rules. Interview rooms will be made available in equal priority with those of any other department. 12. RELEASE OF MASON COUNTY PRISONERS FROM NISOUALLY. No Mason County Prisoner confined in the Nisqually Jail shall be removed therefrom except: a. When requested by Mason County Sheriff's Department in writing; b. By Order of the Shelton Municipal Court in those matters in which they have jurisdiction, or upon Order of the Mason County District Court or the Mason County Superior Court in those matters in which said courts have jurisdiction; C. For appearance in the court in which a Mason County prisoner is charged; d. In compliance with a writ of habeas corpus; e. For interviews by the City or County prosecuting attorney, court appointed public defender, or member of the Mason County Sheriff's Office; f. If the prisoner has served his sentence or the charge pending against said prisoner has been dismissed or bail or other recognizance has been posted as required by the courts. Jail Services Agreement Between Nisqually and Mason County Page 3 13. INDEMNIFICATION. Mason County shall protect, defend, save harmless and indemnify Nisqually, its officers, agents and employees, from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Mason County in performance of this Agreement. Mason County's indemnification obligation shall also extend to all claims, suits and actions relating to the medical care of prisoners housed under this Agreement which result from the failure of Mason County to approve such care. 14. Nisqually shall protect, defend, save harmless and indemnify Mason County, its officers, agents, and employees, from and against all claims, suits and actions arising from intentional or negligent acts or omissions of Nisqually, its officers, agents and employees in performance of this Agreement. 14.1 CERTIFICATE OF INSURANCE.Each parry agrees to provide the other with evidence of liability coverage in the amounts required by this agreement. 15. NOTICE OF CLAIMS. In the event that a claim or lawsuit is brought against Mason County or Nisqually arising from or related to this Agreement, the party shall promptly notify the other parry of said claim or lawsuit. 16. INSURANCE. Each parry shall obtain and maintain occurrence-based insurance that provides liability coverage in the minimum liability limits of ten Million Dollars ($10,000,000.00) per occurrence and ten Million Dollars ($10,000,000.00) in the aggregate for its conduct in creating liability exposure related to the confinement of inmates, including general liability, errors and omissions, auto liability and police professional liability. The insurance policy(ies) shall provide coverage for any liability occurrence during the policy period, regardless of when any claim or lawsuit is filed. Nisqually agrees to endorse third-party liability coverage required herein to include as additional insureds: Mason County, its officials, employees and agents, and agrees to provide such proof of coverage prior to the execution of this agreement. Mason County's participation in a self-insured municipal risk pool shall satisfy the conditions set forth in the insurance section. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of either 1) a certificate from a solvent insurance provider confirming coverage from a solvent insurance pool which is sufficient to address the insurance obligations setforth above; or 2)written evidence of participation in a program of self-insurance or participation or a risk pool that is sufficient to address the insurance obligations. 17. CHOICE OF LAW. This Agreement shall be interpreted under the laws of the state of Washington. 18. DISPUTE RESOLUTION. If either party disputes any portion of an invoice, they will provide the other party written notice within thirty (30) days. The notice shall detail the amount in question and the grounds for withholding all or a portion of the amount billed Jail Services Agreement Between Nisqually and Mason County Page 4 or any other basis for the dispute. Authorized representatives of each party shall attempt to resolve the dispute by negotiation within thirty days of notification. If such negotiation is unsuccessful the parties shall apply to Judicial Arbitration and Mediation Service (JAMS) or such other alternate dispute resolution services as the parties may agree, for the appointment of an arbitrator whose decision shall be final and binding on the parties. Each party shall be responsible for paying one-half of the arbitrator's fees. Each party will bear their own costs and legal fees. The arbitrator shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. This dispute resolution procedure shall only be available for disputes over amounts due for services provided under this agreement. 19. CONSENT TO JURISDICTION AND TRIBE'S EXPRESS LIMITED WAIVER OF SOVEREIGN IMMUNITY The Nisqually Indian Tribe is a Sovereign Nation with all immunities attendant thereto WITH THE FOLLOWING EXCEPTION THAT THE PARTIES TO THIS AGREEMENT HAVE SPECIFICALLY NEGOTIATED: The Nisqually Indian Tribe does hereby expressly consent to jurisdiction of the courts of the State of Washington as having exclusive jurisdiction to hear, resolve and enter final judgment on any legal dispute by and between the parties to this agreement and/or their affected officers, officials, and employees, concerning the interpretation of this agreement, enforcement of any of its provisions,and any complaints or counterclaims for monetary damages and/or equitable relief for any alleged or actual breach of any provision of this agreement and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters. For this limited purpose only, the Nisqually Indian Tribe does hereby expressly waive its sovereign immunity from suit or defenses in the courts of the State of Washington for any such legal claim or complaint as relates to the performance of this agreement, for the interpretation and/or enforcement of this agreement, and/or for any complaints or counterclaims for monetary damages or equitable relief for any breach of this agreement, and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters. A resolution outlining such waiver and approving this agreement that is signed by Nisqually Tribal Councilmembers having authority to grant such waiver shall be provided to Mason County as evidence of the limited waiver of sovereign immunity. 20. RECORDS Nisqually shall keep all necessary and pertinent records concerning Mason County Inmates and the services provided pursuant to this Agreement in the manner mutually agreed upon by the parties hereto. The parties acknowledge that the Tribe is not subject to the Washington State Public Records Act (RCW 42.56), and also Jail Services Agreement Between Nisqually and Mason County Page 5 acknowledge that Mason County may need access to certain records that relate to services under this Agreement or for public records purposes. When such need arises, Mason County will make a request for such records through the Nisqually Corrections Director. Nisqually agrees to provide to Mason County records relating to services provided under this Agreement as specifically enumerated below: Inmate Identification Inmate Photo (Mug Shot) Arrest and Booking Report Alerts Arrests Charges Court Hearings Holds Contacts Classification Reviews Notifications Keep Aways Assessment Listing Booking Reports Booking Details Photo/Dorm Card Booking Form Tasks Property Forms Classification Housing Locations Release Recreation Special Diets Meals Medical Intakes Medical Records Nisqually agrees to release the records enumerated above within ten (10) days of Mason County's request. If such records concern a decision regarding inmate medical care, records shall be released immediately to allow Mason County to make an informed decision. This Agreement and the provisions hereof are not intended to operate, and shall not be construed to operate, to convert any records in the possession of the Nisqually Indian Tribe to public records within the meaning of the Washington State Public Records Act other than those records specifically enumerated above. For purposes of the Washington State Public Records Act, Nisqually records relating to internal jail security are specifically excluded, including: 1) Internal Incident and After-Action Reports; 2) Video Monitoring Footage; and 3) Records (or portions thereof) Jail Services Agreement Between Nisqually and Mason County Page 6 containing the name, address, phone number or other personally identifiable information of Nisqually Corrections personnel.Nisqually records relating to internal jail security may be reviewed by authorized Mason County personnel at the Nisqually Jail upon request. 21. NO THIRD-PARTY BENEFICIARIES.This Agreement is made for the sole benefit of Nisqually and Mason County, and no other person or entity shall have any right, benefit, or interest under or because of this Agreement. No other parties are intended to be, or shall be determined to be, direct or incidental beneficiaries of this Agreement. 22. NO WAIVER.The failure to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provisions. Further, any express waiver by any parry with respect to any breach of any provision hereunder by any other party shall not constitute a waiver of such party's right to thereafter fully enforce each and every provision of this Agreement. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties and may be changed only by an agreement in writing signed by the Parties. 24. INVALID PROVISIONS. Should any provisions of this Agreement be held invalid, the remainder of the Agreement shall remain in effect. [THIS SPACE INTENTIONALLY LEFT BLANK, SIGNATURE PAGE TO FOLLOW] Jail Services Agreement Between Nisqually and Mason County Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement on this date, the day of 92023. NISQUALLY TRIBE: Chief Executive Officer MASON COUNTY Mason County Sheriff Ryan Spurling, Sheriff Approved as to legal form only: Tim Whitehead, Chief Deputy Prosecuting Attorney Jail Services Agreement Between Nisqually and Mason County Page 8 EXHIBIT A MEDICAL EXPENSES NISQUALLY TRIBE SHALL BE RESPONSIBLE FOR: - Initial Screening - Intake Screening - Nurse Sick Call - Physician Sick Call - Physical if housed longer than 14 days - Routine lab work that can be completed in the facility - Routine medications, other than biologicals/non-formulary medications - Mental health assessments and basic services that can be provided in-facility COUNTY OF MASON COUNTY SHALL BE RESPONSIBLE FOR: - Pre-booking medical - Urgent Care Facility Visits - Emergency Room Visits - Hospitalizations, including the cost of security provided by Nisqually Personnel. Agency will reimburse Nisqually for each attending officer at the time-and-one-half overtime rate of$48.50 per hour. - Non-Formulary/Biological Medications - Ultra Sounds - Ambulance Services - Body Cavity Collection of Evidence/ Searches - OBGYN Care/Prenatal Care - Vision - Mental Health - Long Term Care - Auxiliary lab work and X-Rays - Dental - Fire Response - Other Specialty Services - All services provided outside the facility Jail Services Agreement Between Nisqually and Mason County Page 9 s q. Mason County Community Development Briefing October 2, 2023 Briefing Items Planning Advisory Commission news release—Kell Rowen All staff meeting on Tuesday, October 31 —Kell Rowen American Rescue Plan Act(ARPA) funded scanning project update—Kell Rowen C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Kell Rowen Ext.286 Department: Community Services Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 2,2023 Agenda Date: October 10,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Vacant seat on the Planning Advisory Commission.Request to read News Release. Background/Executive Summary: Joseph Myers has stepped down from the PAC and staff is requesting to fill the vacant seat with someone representing the 2'or 3rd District. Budget Impact(amount, funding source,budget amendment): None Public Outreach (news release,community meeting, etc.): News Release,website Requested Action: Place"News Release"on BOCC Agenda for 9/26/2023 Attachments PAC Roster News Release Mason County Planning Advisory Commission-2022 Position Comm Name Phone Mailing Address Initial Appointment Term Expires District No. 9/27/2022 1/31/2026 2 VACANT 1/31/2024 2 3 Brad Carlberg Contact: Kell Rowen, Dept. of Community Services, Planning Division @ Ext. 286 Updated 2/15/23 �ASpN CpU��� NEWS RELEASE September 26, 2023 MASON COUNTY COMMISSIONERS' OFFICE 1854 411 N 5TH ST, BLDG 1, SHELTON,WA 98584 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 a motivated and engaged individual to serve as a volunteer member of the Planning Advisory Commission. The Commission will play a crucial role this year and next in updating the County's Comprehensive Plan, which outlines the vision and goals for the County's future growth and development.There is one open seat represented as either Commissioner District 2 or 3 (Shelton,Arcadia,Bayshore,Union,Hoodsport,Matlock,Lilliwaup,Kamilche area). 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 including 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. The Commissioner District 2/3 position will be filling a vacancy set to expire in January of 2024,and therefore we are setting the new expiration to January of 2028. 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. 5'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.masoncountywa.gov. BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Kevin Shutty, Randy Neatherlin, Chair Commissioner Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Kell Rowen,DCD Ext.286 Department: Community Services Briefing: ❑X Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 2,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• All-Staff Meeting for DCD. Background/Executive Summary: The Department of Community Development requests an office closure for the day of Tuesday, October 31,2023,for an All-Staff Training Day to be held at DCD. Budget Impact None. Public Outreach Notice will be made on the website, office door and outgoing phone message. Requested Action: Discussion and approval to close the Permit Assistance Center from 8:00 a.m. to 4:30 p.m. on October 31, 2023. Attachments Agenda �� �► MASON COUNTY q � COMMUNITY DEVELOPMENT N C Permit Assistance Center, Building,Planning ALL-STAFF AGENDA Date: October 31, 2023 /Time: 8:00 a.m. to 4:00 p.m. /615 W. Alder St. Time Topic/Discussion Item Facilitator 8:00 a.m. Coffee chat, opening remarks Energy Code Occupancy classes Manufactured Home intake Planning permit intake 11:30 Lunch: Crockpotluck Group Activity 1:00 Planning/EH Setbacks Fire Permits "Information" button for portal permits Notice of Incomplete Application and Deficiencies Subscriptions SOP for canceling expired deficient permits Training on the training portal 4:00 p.m. End - C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Kell Rowen Ext.286 Department: Community Services Briefing: 0 Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): October 2,2023 Agenda Date: Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Quarterly update regarding the DCD Scanning project,funded through ARPA. Background/Executive Summary: DCD will update on the process of the scanning project. Budget Impact None Public Outreach N/A Requested Action: Discussion only Attachments None MASON COUNTY iT} Public Health & Human Services Briefing October 2, 2023 Briefing Items Mason County Jail Peer Support Program—Melissa Casey C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Melissa Casey Ext.404 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 10/2/23 Agenda Date: 10/10/23 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Non-County Operated TST Program—Mason County Jail Peer Support Program Background/Executive Summary: The Mason County Jail Peer Support Program provides recovery support services in coordination with current MOUD (medications for opioid use disorder)program inmates in custody at the Mason County Jail, as well as support in release planning and general re-entry support services. This program has been funded by Treatment Sales Tax to fill gaps in services that align with the Housing&Behavioral Health Advisory Board's prioritization of behavioral health needs. The Housing and Behavioral Health Advisory Board recommends a continuation of funding for the Jail Peer Support Program through a 2-year contract with Olympic Health&Recovery Services for the jail MOUD and re-entry program. Budget Impact(amount,funding source,budget amendment): Treatment Sales Tax- $38,000 x 2 years= $76,000 Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of 2023-2025 Jail Peer Support Program contract with Olympic Health&Recovery Services Attachments OHRS 2023-2025 Jail Peer Contract MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT # This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY' and Olympic Health and Recovery Services (OHRS), hereinafter referred to as "CONTRACTOR." Contracted Entity Olympic Health and Recovery Services Address 612 Woodland Square Loop SE City, State, Zip Code Lacey, WA 98503 Phone 360-763-5828 Primary Contact: Name, Title Joe Avalos, Administrator Primary Contact: E-mail ioe.avalosatmbho.org Washington State UBI# 603-569-721 Federal EIN 47-5326968 Total Award/Contract Value $76,000 Contract Term July 1, 2023 — June 30, 2025 COUNTY and CONTRACTOR, as defined above, acknowledge, and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including any [Special Conditions, General Terms and Conditions, Exhibits, etc.]. CONTRACTOR NAME BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Sharon Trask, Chair Authorized Signature Date APPROVED AS TO FORM: Print Name & Title Date -Tim-White Professional Services Contract (rev 06/2023) Pagel Special Conditions CONTRACTOR agrees to the following: The award of funds does not guarantee that the CONTRACTOR will receive funding if special conditions are not met. The following documents are requirements and must be received within 30 days of the contract award start date for the CONTRACTOR to submit an invoice and receive funding. If the agency has provided these documents under a previous contract, only updated documents need to be provided. For tracking purposes, please notify COUNTY on each item stating "no updates" if this is the case. 1. CONTRACT REQUIREMENTS to receive funding: a. Vendor Payment Form b. Certificate of Insurance (see requirements Exhibit B) Funding Source: Treatment Sales Tax (RCW 82.14.260) General Terms and Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope of Services," during the CONTRACT period. In the event that CONTRACTOR expends the total award specified in "Exhibit C Budget" before the end of the CONTRACT duration, CONTRACTOR remains liable to provide COUNTY the services as identified in "Exhibit A Scope of Services." No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. CONTRACTOR may submit a written proposal with an estimated cost for other expenses allowable under the RCW 82.14.460 that may not be specified in "Exhibit A Scope of Services." The COUNTY must give written approval before any expenses are incurred and considered allowable costs for reimbursement to this CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties. Amendments and Extension: This CONTRACT may be amended by mutual agreement of the parties. Such amendment shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Professional Services Contract (rev 06/2023) Page 2 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 Exhibit C Budget and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use'taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or Professional Services Contract (rev 06/2023) Page 3 any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit C Budget. Where Exhibit C requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit C, by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit C or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"), COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit C. Fraud and Other Loss Reporting: CONTRACTOR shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this CONTRACT immediately or as soon as practicable. Billing Procedures and Payment: The funding awarded may only be used for eligible activities and expenses. COUNTY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the COUNTY representative not more often than monthly. Exceptions to the single billing per month (or quarterly) can be made by the COUNTY on a case-by-case basis. The CONTRACTOR shall only be paid as a reimbursement of allowable costs incurred during each invoice period, according to the terms provided in Exhibit A, if CONTRACTOR performs the services and submits all reporting to a satisfactory level. The COUNTY may, in its sole discretion withhold payments by the Grantee for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by the COUNTY. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, Professional Services Contract (rev 06/2023) Page 4 without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require Professional Services Contract (rev 06/2023) Page 5 CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: 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. Work Product: Professional Services Contract (rev 06/2023) Page 6 CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. 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: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Professional Services Contract (rev 06/2023) Page 7 Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit B Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non- compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. 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: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting there from) 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 Professional Services Contract (rev 06/2023) Page 8 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 Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Melissa Casey, Community Health Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 404 Fax: 360-427-7787 E-mail: mcasev(cDmasoncountywa.gov Financial Contact: Professional Services Contract (rev 06/2023) Page 9 Casey Bingham, Finance Manager Mason County Public Health & Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: casevb(abmasoncountvwa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope of Service and Exhibit C Budget. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or Professional Services Contract (rev 06/2023) Page 10 uncompleted work. Termination of this CONTRACT by COUNTY at any time during the j term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope of Services and Exhibit C Budget. 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 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 Professional Services Contract (rev 06/2023) Page 11 performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or Professional Services Contract (rev 06/2023) Page 12 any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget(OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Special Conditions D. General Terms and Conditions E. Exhibit B, Insurance Requirements F. Exhibit A, Scope of Service G. Exhibit C, Budget 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. Professional Services Contract (rev 06/2023) Page 13 EXHIBIT A SCOPE OF SERVICES Program: Mason County Jail Peer Support Program (Jail re-entry, MOUD program) Program Description: Provide recovery support services in coordination with the current MOUD (medications for opioid use disorder) program for inmates in custody at the Mason County Jail, as well as support in release planning/re-entry of inmates with substance use challenges. A 0.5 FTE WA State Certified Peer Counselor (CPC) with clearance to work independently in the Mason County Jail serves as Peer Specialist will work to provide harm reduction support for all inmates interested in MOUD as well as providing general re-entry support services for individuals with substance use challenges. The position will work closely with jail staff, medical staff, the mental health provider and community treatment providers, recovery support and peer providers, and Mason County Public Health & Human Services to provide and coordinate appropriate and supportive services to all those needing support for substance use challenges as well as general re-entry needs. Program Expectations: • Meet with inmates, check medical intakes as well as internal Kite system to determine potential services needed. • Share lived experience regarding behavioral health challenges and path of recovery with inmates to foster engagement, a sense of safety, motivation, and hope for a chance of recovery. • Follow policies and procedures of current MOUD program to ensure quality and continuity of care • Coordinate and communicate with jail staff, medical staff and mental health provider to ensure that clarity of process is understood at all times. • Research and understand Mason County's (and beyond) Behavioral Health and recovery support system, so that referrals and the appropriate coordination of services takes place. • Develop relationships and work in partnership with other criminal justice partners, including the Rural Communities Opioid Response Program (RCORP), so participants are set-up for success and to ensure continuity of care. • Meet with participants as needed to create and clarify recovery and release plans. • Attend local stakeholder meetings when appropriate. • Keep current on reporting and data collection, utilizing mechanisms in place and developing new procedures if needed. • Meet monthly or quarterly— as needed —with Mason County Public Health and Human Services Performance/Reporting and Deliverables: Professional Services Contract (rev 06/2023) Page 14 Certified Peer Counselor will serve a minimum of 20 unique individuals per year with a 0.5 FTE Peer Specialist. Certified Peer Counselor will collect and report the following data to Mason County Public Health on an agreed upon format, monthly, by the 7th of the month. Number of Referrals and type • Clients served (Unduplicated) using Mason County BH Unique Identifier • Type and date of MAT requested • Outcome • Number of Interventions • Care Coordination Referrals • Homeless/Transient • Utilize the Mason County Unique Identifier data collection forms Professional Services Contract (rev 06/2023) Page 15 EXHIBIT B INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. Professional Services Contract (rev 06/2023) Page 16 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self- insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. Professional Services Contract (rev 06/2023) Page 17 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non- renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Professional Services Contract (rev 06/2023) Page 18 EXHIBIT C BUDGET Submit monthly payment request and ledger electronically to Christina Muller-Shinn at cmuller-shinn(a)masoncountvwa.gov. Olympic Health and Annual Amount Comment RecoveryServices Funded TST Staff Wages $51,000 Staff Benefits $23,500 Staff/Client Supports $1,500 Maximum Contract Total $76,000 Payment: In the event State, Federal, or local funding changes, the COUNTY reserves the right to amend the payment terms and the amount awarded in this contract. Approved invoices will be disbursed according to the vendor payment schedule of the County Auditor's Office. Refer to the Billing Procedures and Payment clause of this contract for additional information. All COUNTY provided templates must be used and not modified without the expressed, written permission from the COUNTY. The COUNTY has the right to change the reporting requirements with notification to the CONTRACTOR. Payment will be considered timely within 30 days of receipt of invoice. Professional Services Contract (rev 06/2023) Page 19 MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING October 2, 2023 Action Items• • Road closure on a portion of Elfendahl Pass Road for filming Total Wizard LLC car commercial on Sunday, October 22, 2023 from 8AM to 6PM—from approx.. milepost 0.00 to milepost 1.85. • 2024 Call for Bids for Paint Line,Asphalt Emulsion and Manufacturing and Stockpiling of Chip Seal Aggregate. Discussion Items: Commissioner Follow-Up Items: October 24, 2023 at 9:15am Hearing to consider establishing speed limits on Kelly Hall Road, Sunnyslope Road and changing a section of Brockdale Road. Upcoming Items: C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins,PLS,PE,Deputy Director/County Ext. 450 Engineer Department: Public Works Briefing: ❑X Public Hearing: ❑ Action Agenda: © Special Meeting: ❑ Briefing Date(s): October 2,2023 Agenda Date: October 10,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Road Closure—Portion of Elfendahl Pass Road "Filming Total Wizard, LLC Car Commercial"—October 22, 2023 Backiround/Executive Summary: Public Works received a request from Total Wizard, LLC. requesting to use a portion of Elfendahl Pass Road to film a car commercial on Sunday, October 22, 2023 from 8:00am to 6:00pm. The use will require a road closure from approximately milepost 0.00 (just after residents near the intersection with North Shore Road) to milepost 1.85 (intersection with Belfair Tahuya Road). Total Wizard LLC will have ground crew to open the road if emergency services need access during closure. Budget Impact(amount, funding source, budget amendment): Applicant will pay for the publication cost in the Shelton Journal. Public Outreach (news release, community meeting, etc.): Notice of closure will be published one (1)time in the Shelton Journal,posted on county website, channel 3 and Facebook. Requested Action: Requesting the Board authorize to close a portion of Elfendahl Pass Road from approximately milepost 0.00 to milepost 1.85 on Sunday, October 22, 2023 from 8:00am to 6:00pm. Attachments: • Maps • Notice 6:07 AM Tue Sep 26 7 , LTE 66% 2 Parking and prep ' q O Q O y h� P Q Search Maps �° ROAD CLOSURE NOTICE FOR FILMING CAR COMMERCIAL ON ELFENDAHL PASS ROAD NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010, a portion of Elfendahl Pass Road shall be closed to all through traffic on Sunday, October 22, 2023 from 8:00am to 6:00pm from approx. milepost 0.00 (just after residents near the intersection with North Shore Road)to milepost 1.85 (intersection with Belfair Tahuya Road). NOW THEREFORE, BE IT RESOLVED, the Board of County Commissioners has declared the above-described road closure a necessity for the safety of the public during the filming of a car commercial. Emergency services will have access during the closure. THEREFORE, the County Engineer is hereby ordered and authorized to proceed as prescribed by law. Dated this day of October, 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board cc: Commissioners Engineer JOURNAL: Publ. It.: 10/19/23 (Bill Road Dept.) POST: At Least three (3) dasprior to closure. C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins,PLS,PE,Deputy Director/County Ext. 450 Engineer Department: Public Works Briefing: ❑X Public Hearing: ❑ Action Agenda: © Special Meeting: ❑ Briefing Date(s): October 2,2023 Agenda Date: October 10,2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: 2024 Call for Bids for Paint Line,Asphalt Emulsion and Manufacturing and Stockpiling of Chip Seal Aggregate Background/Executive Summary: Mason County Public Works annually calls for bids for Paint Line, Asphalt Emulsion and Manufacturing and Stockpiling of Chip Seal Aggregate for summer road maintenance projects. The purpose of the call for bids is to solicit bids for the procurement of road maintenance materials and services needed for the 2024 maintenance programs. The annual purchase of these materials and services are expected to exceed $50,000; therefore, formal competitive bidding is required for each. Budget Impact(amount, funding source, budget amendment): These materials and services are budgeted items and purchased out of the Road Fund. Public Outreach (news release, community meeting, etc.): The call for bids will be published in the Shelton Journal, Daily Journal of Commerce and on Builders Exchange. Requested Action: Requesting the Board authorize Public Works to advertise, set bid opening dates/times, award contracts and allow the Chair to sign all pertinent documents for call for bids for routine Paint Line, Asphalt Emulsion and Manufacturing and Stockpiling of Chip Seal Aggregate for 2024. �r�ON CO& Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator October 2, 2023 Specific Items for Review 2024 Park Fees—John Taylor Sandhill Park conditions—John Taylor 2024 Insurance premiums—Nichole Wilston Administrator Updates Commissioner Discussion Commission calendar updates on non-meeting weeks C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: John Taylor/Diane Zoren Ext. 806/747 Department: Parks&Trails Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 10/2/23 Agenda Date: 10/10/23 Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology ❑ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• 2024 Field Rental Rates for the Mason County Parks&Trails Department and revised Field Use Agreement Background/Executive Summary: Mason County Code Chapter 2.163.060-Calculating fees and charges. Fees and charges shall be established by the board of county commissioners. Fees and charges will be adjusted annually beginning in January 2023 by using the Seattle-Tacoma-Bellevue CPI-U(Consumer Price Index—Urban)August to August with a minimum annual increase of two percent and a maximum annual increase of five percent. The August-to-August CPI is 5.4%and the 2024 rates have been increased 5%. The Parks&Trails Advisory Committee reviewed the proposed 2024 rates and recommended approval. Budget Impact(amount, funding source,budget amendment): Based on the average revenue from field rental of$20K,the 5%increase will generate an additional$1,000 in revenue. Public Outreach (news release,community meeting, etc.): Reviewed by the Parks&Advisory Committee. Requested Action: Approval of the resolution establishing the 2024 Field Rental Rates for the Mason County Parks&Trails Department and the revised Field Use Agreement. Attachments Proposed resolution RESOLUTION No. A RESOLUTION ESTABLISHING THE 2024 FIELD RENTAL RATES FOR THE MASON COUNTY PARKS AND TRAILS DEPARTMENT WHEREAS, Chapter 67.20.010 RCW, provides the authority for Counties to own and operate recreational facilities for public use, and to set forth the regulations, policies and practices governing such use, and WHEREAS, Mason County Parks and Trials Department owns and operates parks for the enjoyment and use of County residents and visitors; WHEREAS, the Mason County Parks & Trails Advisory Committee reviewed the proposed 2024 rates and recommends approval; WHEREAS, costs to support parks administration, operations and maintenance continue to increase and pursuant to the Fees and Charges Policy for Parks and Trails Department, Section IV, fees will be adjusted annually by using the by using the Seattle-Tacoma-Bellevue CPI-U (Consumer Price Index — Urban) August to August with a minimum annual increase of 2% and a maximum annual increase of 5%; WHEREAS, the Seattle-Tacoma-Bellevue CPI-U (Consumer Price Index — Urban) is 5.4% at August 2023; BE THEREFORE, BE IT RESOLVED THAT THE Board of County Commissioners of Mason County does hereby establish the 2024 Field Rental Rates and Deposits (Exhibit A) that includes a 5% increase. PASSED this day of October, 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Deputy Prosecuting Randy Neatherlin, Commissioner Attorney C:\Users\Mmmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Resolution to increase 2024 Parks Field Use Fees.doc Exhibit A MASON COUNTY PARKS DEPARTMENT 2024 FIELD RENTAL RATE ORGANIZED YOUTH LEAGUES Use 2024 Rate 2024 Pro-Rated Based on 2-Hour Practice Practice $ 22.50 $11.25/hr 2-Hour Slot with Field Prep Game $ 38.50 ORGANIZED ADULT LEAGUES: Practice $ 32.00 $16.00/hr Game $ 46.00 TOURNAMENTS: Includes Field Preps Per Field $ 169.00 Full Complex $ 1,181.00 MISCELLANEOUS FIELD USE: Per Hour $ 22.50 Cleanup Fee Fee charged if field is not returned in condition it was received or cigarette butts or sunflower seeds left on the Synthetic Turf $ 350.00 Biohazard Cleanup Fee $ 650.00 Supplemental Fees 3.5'X 8' sign on outfield fence $200.00/year $350.00/2 years 3.5'X 8' sign on outfield fence in preferred location $375.00/year $675.00/2 years Sponsor is responsible for purchasing sponsor banner County Staff will erect and remove banner at the end of the season Deposits Deposits refunded if cancelled at least 21 days before first day of play. Deposit is 100% forfeited if not canceled at least 14 days before first day of play and new deposit required for future Field Set Up Field set up shall be called in to MCRA 3 days before a tournament. Deposit-Local League Play Local League play payment of$375 deposit due upon acceptance of schedule, even for multiple day reservations. Payment-Local League Play Local league play will be billed mid-season for the first half and again at the end of the season for the second half. Payment due upon receipt of invoice and no later than September 30 of year Deposit-Tournament Play Tournament play deposit of$1,181 per tournament day is due upon acceptance of schedule, even for multiple tournament reservations. The deposit will be rolled forward to the next tournament date for multiple dates scheduled, assuming the tournament fee has been paid for tournaments played. Payment-Tournament Play Tournament play payment of$1,181 for each tournament day is due no later than the Friday prior to tournament play. Payment -Other than League or Tournament Play Any person or group who reserves multiple fields for other than League or Tournament Play, shall MASON COUNTY PARKS AND TRAILS DIVISION 411 North 5th Street Shelton, WA 98584 360-427-9670 ext. 535 FIELD USE CONTRACT 2024 TO BE COMPLETED BY APPLICANT Name of Applicant: Sponsoring Agency of League*: Mailing Address: Home Telephone: Work/Message Telephone: Type of Organization: Type of Activity: Dates Requested: Facilities Requested: Field Configuration Required for Activity Base Runs: Pitching Rubber: Please List): Additional Requirements: MASON COUNTY PARKS DEPARTMENT 2024 FIELD RENTAL RATES ORGANIZED YOUTH LEAGUES: Use 2024 Rate 2024 Pro-Rated Based on 2-Hour Practice Practice $ 22.50 $11.25/hr 2-Hour Slot with Field Prep Game $ 38.50 ORGANIZED ADULT LEAGUES: Practice $ 32.00 $16.00/hr Game $ 46.00 TOURNAMENTS: Includes Field Preps Per Field $ 169.00 Full Complex $ 1,181.00 MISCELLANEOUS FIELD USE: Per Hour $ 22.50 Supplemental Fees 3.5' X 8' sign on outfield fence $200.00/year $350.00/2 years 3.5' X 8' sign on outfield fence in preferred location $375.00/year $675.00/2 years Sponsor is responsible for purchasing sponsor banner. County Staff will erect and remove banner at the end of the season. Cleanup Fee Fee charged if field is not returned in condition it was received or cigarette butts or sunflower seeds left on the Synthetic Turf $ 350.00 Biohazard Cleanup Fee to remove bodily fluids $ 650.00 Deposits Deposits refunded if cancelled at least 21 days before first day of play. Deposit is 100%forfeited if not canceled at least 14 days before first day of play and new deposit required for future reservations. Field Set Up Field set up shall be called in to MCRA no less than 3 days before a tournament. Deposit-Local League Play Local League play payment of$375 deposit due upon acceptance of schedule, even for multiple day reservations. C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Field Use Rates 2024 and agreement% increase.xlsx MASON COUNTY PARKS AND TRAILS DIVISION 411 North 5th Street Payment-Local League Play Shelton, WA 98584 360-427-9670 ext. 535 Local league play will be billed mid-season for the first half and again at the end of the season for the second half. Payment due upon receipt of invoice and no later than Septebmer 30 of year billed. Deposit-Tournament Play Tournament play deposit of$1,181 per tournament day is due upon acceptance of schedule, even for multiple tournament reservations. The deposit will be rolled forward to the next tournament date for multiple dates scheduled, assuming the tournament fee has been paid for tournaments played. Payment-Tournament Play Tournament play payment of$1,181 for each tournament day is due no later than the Friday prior to tournament play. Payment-Other than League*or Tournament Play Any person or group who reserves multiple fields for other than League or Tournament Play, shall pay$169 per field, per day, when reservation is made. TERMS AND CONDITIONS OF CONTRACT: The rentee will utilize field(s), park and restroom facilities during the dates and times specified in this agreement. The rentee agrees to pay the appropriate field rental fees as adopted the Mason County Board of Commissioners and the Mason County Parks Department. Rentee must enclose a security deposit to secure reservations. Failure to pay a tournament deposit may result in forfeiture of facility reservation. Any and all rentees, tournament sponsors and/or League representatives must provide proof of insurance for the specific activity with Mason County Parks Department endorsed as additional insured. Insurance coverage must meet the minimum requirement of$1,000,000 per event. It is the responsibility of the tournament director to ensure that each player signs a waiver and release of claims form before participating in any tournament activity. Each League must provide a written copy of requested field use for the season to the Mason County Parks Department. Any and all requests for reschedules and field use dates that go beyond the original schedule must be submitted in written form for Parks Department approval. Rentee can be held responsible for any vandalism or damages which occur to the facility during the rental period. In addition, rentee is responsible for cleanup of the area utilized for each activity and is required to leave the area clean and free of litter or debris. It is agreed that all participants involved will not hold the Mason County Parks and Recreation Department or Mason County liable for injuries sustained while participating in or spectating at any activity or event being held at the designated facility. Signature of Applicant Date Signed C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Field Use Rates 2024 and agreement% increase.xlsx C Mason County Agenda Request Form Y /AtJ To: Board of Mason County Commissioners From:Nichole Wilston Ext.643 Department: Human Resources/Risk Briefing: 0 Management Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 10/2/2023 Agenda Date: 10/10/2023 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal 0 Risk ❑ Information Technology ❑ Other This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑No ❑ Tabled ❑No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Requesting approval to continue to participate in the WCRP optional$5 Million excess of$20 Million policy that puts Mason County's Liability program coverage at$25 Million. Budget Impact• The optional excess $5 Million is expected to increase by 7%from the previous year's premium and is budgeted in Non-Departmental. Recommended/Requested Action: Approval to participate in the WCRP optional$5 Million excess of$20 Million policy. Attachments: None Mason County Agenda Request Form To: Board of Mason County Commissioners From: Steve Duenkel Ext. 468 Department: Auditor's Office Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 10/02/2023 Agenda Date: Click or tap here to enter text. Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☒ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Auditor’s Office / Recoding Department obtained updated pricing for the new server that will host the upgraded Records Public Access software from Tyler Technologies. Background/Executive Summary: The Auditor’s Office previously briefed the Board of Commissioners on plans for this upgrade on 07/24/2023. Budget Impact (amount, funding source, budget amendment): • 2023 - $22,500.0 for software and project management services for implementation. • $1500.00 annual maintenance fee. • These funds will be reallocated from within the Recording Department Operations & Maintenance Budget. • UPDATE: New server & associated licenses estimated at $33,000. These funds will be added to the Auditor’s O&M IT Trackables account from the Auditor’s O&M Cash Investment account through a budget amendment. Public Outreach (news release, community meeting, etc.): N/A Requested Action: None Attachments: None