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2023/11/27 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF November 27, 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. Commission meetings are live streamed at http://www.masonwebtv.com/ and public commented is accepted via email msmith@masoncountywa.gov; mail 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 11/22/23 at 10:45 AM BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of November 27, 2023 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, November 27, 2023 Commission Chambers 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. WSU Extension – Kela Hall-Wieckert 10:10 A.M. Public Health – Dave Windom 10:15 A.M. Community Development – Kell Rowen 10:30 A.M. Support Services – Mark Neary Commissioner Discussion – as needed Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kela Hall-Wieckert Ext. 592 Department: WSU Extension Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 11/27/2023 Agenda Date: Click or tap here to enter text. Internal Review: ☐ Finance ☐ Human Resources ☒ 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: Interagency Agreement between the Washington State Department of Agriculture & The Mason County Noxious Weed Control Board (Contract No. K4795) Background/Executive Summary: The Mason County Noxious Weed Control Board was awarded $2,150 from the Washington State Noxious Weed Control Board as part of their FY24 Class A and B Designate Noxious Weed Eradication Program to continue control of perennial pepperweed (Lepidium latifolium) along the Hood Canal shoreline. Budget Impact (amount, funding source, budget amendment): 2024 budget revision in the amount of $2,150 Public Outreach (news release, community meeting, etc.): n/a Requested Action: Approval to place Interagency Agreement Contract No. K4795 on the Action Agenda for signature. Attachments: Interagency Agreement Contract No. K4795 Contract Number: K4795 File Name: K4795_MasonPepperweedContract Page 1 of 7 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT THE MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture, hereinafter referred to as “WSDA,” and Mason County Noxious Weed Control Board, hereinafter referred to as “Mason County.” IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for eradication and control of the Class B noxious weed perennial pepperweed (Lepidium latifolium) in Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County, through its agent the Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment “A and B” which are attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on July 1, 2023, and be completed on or before June 30, 2024, unless terminated sooner as provided herein. COMPENSATION Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. This is a performance-based contract, in which payment to the recipient (Mason County) is based on the successful completion of expected deliverables. The parties have determined that the cost of accomplishing the work herein will not exceed $2,150. WSDA will not authorize reimbursement for administrative overhead charges. Only reasonable costs incurred directly related to the activities specified in the plan of work (Attachment A) and proposal (Attachment B) will be reimbursed under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. BILLING PROCEDURE Mason County shall submit a properly completed invoice to the WSDA Agreement administrator. Reference WSDA Contract number [K4795] on each invoice. Payment to Mason County for approved and completed work will be made by warrant or account transfer by WSDA within 30 days of receipt of the properly completed invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 10 days after the expiration date or the end of the fiscal year (June 30th, 2024) whichever is earlier. BILLING DETAIL Each invoice voucher submitted to Agency by the Contractor shall include such information as is necessary for the Agency to determine the exact nature of all expenditures. At a minimum, the Contractor shall specify the following: Contract Number: K4795 File Name: K4795_MasonPepperweedContract Page 2 of 7 a. WSDA Agreement Number K4795_________________. b. The cost for each deliverable, service provided, task completed, or item purchased. c. The total number of hours worked for each employee or contracted labor. d. The total amount of taxes. (If applicable) e. Any other applicable information. f. The total invoice charge. DUPLICATION OF BILLED COSTS The Contractor shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency may: a. Terminate this Agreement with 30 days advance notice. If this Agreement is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination; b. Renegotiate the terms of the Agreement under those new funding limitations and conditions; c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables; or, d. Pursue such other alternative as the parties mutually agree to writing. MAINTENANCE OF RECORDS The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Contract Number: K4795 File Name: K4795_MasonPepperweedContract Page 3 of 7 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent with applicable laws. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. However, the parties acknowledge that State Agencies are subject to chapter 42.56 RCW, the Public Records Act. SITE SECURITY While on Agency premises, Mason County, its agents, employees, or Subcontractors shall comply with the Agency security policies and regulations. RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days’ prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected, this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director’s behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; or any similar statute involving Mason County in the procurement of Contract Number: K4795 File Name: K4795_MasonPepperweedContract Page 4 of 7 or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director’s designee. In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent the Mason County Noxious Weed Control Board as it could pursue in the event of a breach of the Agreement by Mason County. The rights and remedies of WSDA provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. FUNDING CONTINGENCY WSDA may unilaterally terminate all or part of this contract, or may reduce its plan of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Agreement. DISPUTES In the event that a dispute arises under this Agreement, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. LICENSING, BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent the Mason County Noxious Weed Control Board shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent the Mason County Noxious Weed Control Board shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of a lawsuit involving this contract, venue shall be proper only in Thurston County, Washington. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. The Terms and Conditions of this Agreement; c. Plan of work (Attachment A); d. Proposal (Attachment B); and e. Any other provisions of the Agreement, including material incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the Contract Number: K4795 File Name: K4795_MasonPepperweedContract Page 5 of 7 terms of this Agreement unless stated to be such in writing and signed by personnel authorized to bind each of the parties. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement administrator for WSDA is: Mary Fee, Executive Secretary WA State Noxious Weed Control Board P.O. Box 42560 Olympia, Washington 98504-2560 Phone: (360) 902-2053 Fax: (360) 902-2094 mfee@agr.wa.gov The Agreement administrator for Mason County is: Lisa DeWall, WSU Ext. Office Manager Mason County WSU Extension 303 N. Fourth Street Shelton, WA 98584 Phone: (360) 427-9670 ext. 680 lisad@masoncountywa.gov All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON DEPT. OF AGRICULTURE MASON COUNTY By: By: Title: Title: Date: Date: Contract Number: K4795 File Name: K4795_MasonPepperweedContract Page 6 of 7 ATTACHMENT A Plan of Work Mason County and its agent the Mason County Noxious Weed Control Board Perennial Pepperweed Control Ending June 30, 2024 The Mason County Noxious Weed Control Board will treat the class B noxious weed, perennial pepperweed (Lepidium latifolium) with the goal of eradication and/or control. Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accounting Manual, Chapter 10, Section 90. DELIVERABLES The Mason County Noxious Weed Control Board will accomplish all proposed tasks as stated in the proposal (Attachment B). The Mason County Noxious Weed Control Board shall submit a final written report to the Washington State Noxious Weed Control Board, on or before June 30, 2024. The report shall include, at a minimum, the following information: 1. Details of herbicide use including application methods, rates and equipment. 2. Flower and seed head control details. 3. Copies of spray records where applicable. 4. Digital and hard copy photos of the infestation before, during and after treatment. 5. Details of communication with landowners where applicable. 6. Future plan for follow-up treatments and infestation monitoring. Contract Number: K4795 File Name: K4795_MasonPepperweedContract Page 7 of 7 Attachment B, Proposal Attached as a PDF separately. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kela Hall-Wieckert, MCNWCB Program Coordinator Ext. 592 Department: WSU Extension Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 11/27/2023 Agenda Date: Click or tap here to enter text. Internal Review: ☐ Finance ☐ Human Resources ☐ 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: Recommendation for re-appointment of Tamara Cowles to the Mason County Noxious Weed Control Board, District 3 (Skokomish Valley Area). Background/Executive Summary: Tamara Cowles’s board member term expired on March 6, 2022. Due to program coordinator transition and subsequent lack of a quorum, the Board was unable to reappoint Tamara until the last meeting on October 13th, 2023. The Mason County Noxious Weed Control Board voted unanimously to recommend reappointment of Tamara Cowles to the Mason County Noxious Weed Control Board. Budget Impact (amount, funding source, budget amendment): n/a Public Outreach (news release, community meeting, etc.): On August 24th, 2023, a public notice of MCNWCB vacancies was published in the Shelton-Mason County Journal. Requested Action: Approval to place Tamara Cowles's reappointment application to Weed District #3 (Skokomish Valley Area) on Action Agenda for final appointment to the Mason County Noxious Weed Control Board. Attachments: Tamara Cowles’s Application of Re-Appointment Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kela Hall-Wieckert Ext. 592 Department: WSU Extension Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 11/27/2023 Agenda Date: Click or tap here to enter text. Internal Review: ☐ Finance ☒ Human Resources ☐ 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: Resignation of Mason County Noxious Weed Control Program Coordinator, Kela Hall-Wieckert Background/Executive Summary: I will be leaving the Mason County Noxious Weed Control Program on December 1, 2023, to join the Department of Ecology’s Wetland mitigation banking program. I have thoroughly enjoyed working in Mason County this past year, becoming intimately familiar with all the interesting weeds and the places they end up! Thank you for working alongside me and the program. I hope that collaboration can continue once a new program coordinator gets settled. Budget Impact (amount, funding source, budget amendment): n/a Public Outreach (news release, community meeting, etc.): n/a Requested Action: n/a Attachments: n/a Briefing November 27, 2023 Briefing Items →Clearpoint Strategy software – Dave Windom →Clean Water District Advisory Committee reappointment – Ian Tracy →Environmental Health fees – Ian Tracy Mason County Agenda Request Form To: Board of Mason County Commissioners From: David Windom Ext. 260 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 27, 2023 Agenda Date: December 5, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ 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: Clearpoint Strategy Software for Automating Reporting Processes Background/Executive Summary: Clearpoint consolidates goals, measures, and projects all in one platform. Provides a place to track key performance indicators for each contract or grant. Budget Impact (amount, funding source, budget amendment): Funds have already been received in CONCON amendments 13 and 14, no additional County funds will be required. The cost is $20,000 per year. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Clearpoint Strategy software to automate reporting processes for contracts and grants in the amount of $20,000 a year using funding from the Consolidated Contract (CONCON) amendments 13 and 14. Attachments: Proposal Service Level Agreement W9 Sole Proprietor Justification Copyright © 2023 ClearPoint Strategy. All Rights Reserved. Transform the way you manage performance. www.clearpointstrategy.com +1 866-568-0590 www.clearpointstrategy.com Prepared by Nicholas Scherr ClearPoint Strategy for Mason County, WA Copyright © 2023 ClearPoint Strategy. All Rights Reserved. 300+ Active Customers Copyright © 2023 ClearPoint Strategy. All Rights Reserved. We work with organizations like you Market Leader in Strategy Execution Copyright © 2023 ClearPoint Strategy. All Rights Reserved. A software solution built to help organizations achieve more of their strategic goals. Spend less time reporting on strategy, and more time executing it. •Automate the consolidation of data •Produce more efficient and effective workflows •Schedule reports to run a regular cadence •Create visibility and alignment across organization ClearPoint’s solution automates the entirety of a strategy reporting process. What Is ClearPoint? Copyright © 2023 ClearPoint Strategy. All Rights Reserved. Dashboards – Reports – Deliverables Copyright © 2023 ClearPoint Strategy. All Rights Reserved. Automation – AI – Integrations Copyright © 2023 ClearPoint Strategy. All Rights Reserved. ClearPoint Community Dashboards What are they? WordPress plugin that allows you to pull data in from ClearPoint onto a website Benefits Increases transparency Engages community conversation Shows progress on projects Visualizes data Buncombe County, NC Homepage view Copyright © 2023 ClearPoint Strategy. All Rights Reserved. Free Strategy Evaluation by ClearPoint Strategy Experts! Copyright © 2023 ClearPoint Strategy. All Rights Reserved. AnalyzeStep 1 Kick-Off & Goal Assessment Step 2 Strategy Review Step 3 Evaluation of Current Processes Step 4 Strategy Assessment & Report Card Presentation Limited time offer for 2023, usually priced at $5000 Strategy Organization Organization Alignment Project Management Results Communication Low Medium Strong Simplify Execution Get a report card with tailored recommendations to your needs Copyright © 2023 ClearPoint Strategy. All Rights Reserved. ClearPoint Automates 70% of the Reporting Process. ✓ Unification •Bringing Goals, Measures, and Projects across multiple departments under one roof ✓ Automated Reporting •Have full strategy reports, dashboards, and progress reports on your desk exactly when you need them✓ Save money, time, and effort •Right now, it is terribly manual to pull together information and show the whole story. •Perhaps you have thought to hire a data analyst – which is expensive. •Why do that when ClearPoint can do it for you at a fraction of the cost? Return On Investment! Why ClearPoint? Copyright © 2023 ClearPoint Strategy. All Rights Reserved. ClearPoint Customer Success Hub Implementation and Onboarding Defined plan from strategy execution experts Individual goal setting session Best practice configuration 1:1 individual coaching Education and Training Hands on product training Self-paced activities Basics for the novice user Advanced for the power users Ongoing Support Premium Support Available 8AM – 8PM ET Email Support Comprehensive knowledge base Peer to Peer and Community Best Practice Sharing Regional Events WebinarsAward-Winning Customer Success Team Dedicated Account Manager Copyright © 2023 ClearPoint Strategy. All Rights Reserved. Questions? Nicholas Scherr ClearPoint Account Executive 571-554-5574 nscherr@clearpointstrategy.com Form W•9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line ; do not leave this line blank. Ascendant Strategy Management Group, LLC C\i 2 Business name/disregarded entity name, if different from above a, ClearPoint Strategy g,f-----------""----------------------------------~------------- ~ 3 Check appropriate box for federal tax classification ; check only one of the following seven boxes: 0 D Individual/sole proprietor or D C Corporation D S Corporation D Partnership D Trust/estate 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): 8_ § sing le-member LLC {] [Z] ~:~:~dF:::il:ti~;:~;::~e~n~:~t~;a:~: : 1 i:::;:r:::~ ~~=n~tc;~::~a~:~·; :~:c~~~:::::~~:;::::'.;h:~: :n-e_a_b-:-ve-f-or ~ _"@ the t ax classif ication of the sing le-member owner. Exempt payee code ~f any) ---- Exemption from FATCA reporting code (if any) D Other (see instructions) ... (App,es to accounts mmntafrieo ours;de the U.S.) ~~~5=A=d-d_r_e-ss~(n_u_m~b-e-r,-s-tr-e-~-.~a-nd~a-p_t._o_r_s_ui~te_n_o __ ~)-------------------~R-eq_u_e_s-te-r~'s_n_a_m_e~an-d~ad~d~r-e-ss~(o-p~ti-o-na-Q~----- ·o 8_ 75 Arlington Street, 5th Floor ~ f-6-C-ity-.-s-ta-=t-e,_a_n_d_Z_I_P_c_o_d_e __________________________ ~ Jl Boston, MA 02116 7 List account number(s) here (opt ional) Taxpayer Identification Number (TIN) Enter your T IN in the appropriate box. The T IN provided must match the name g iven on line 1 t o avoid backup withhold ing. For individuals, this 1s generall y you r social security number (SSN). However, for a res ident al ien, sole proprietor, or d isregarded entity, see the Part I in struction s o n p age 3. For other entities, it is your employer ident ification number (E IN). If yo u do no t have a number, see How to get a TIN on page 3. I Social security number [IJJ -DJ -I I I I I or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guideli nes on whose number to enter. I Employer identification number 2 6 1 9 1 3 4 9 6 Certification Under penalties of perj ury, I certify that: 1. The number shown on th is form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a resu lt of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U .S. citizen or other U.S. person (defined below); and 4 . The FATCA code(s) entered on this form (if any) ind icat ing that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholdi ng because you have fail ed to report all interest and dividends on your tax return. For rea l estate transactions, item 2 does not apply. For mortgage interest paid , acqu is ition or abandonment of secured property, cancell ation of debt, contributions to an individual retirement arrangement (IRA), and generall y, payments other than interest a nd d iv idends, you are not required t o s ign the certification, b ut yo u must provide your correct TIN . See t he instructions on page 3 . Sign Signature of Here u.s. person.,. General Instructions Section references are to the Internal Rev enue Code un less otherwise noted. Futu re developme nts . Information about developments affecting Fo rm W-9 (such as legi slation enacted after we release it) is at www.irs.gov/fw9. 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Examples of information returns includ e, but are not limited to , the fo llowing : • Form 1099-INT (inte rest earned or paid) • Form 1099 -DIV (dividends , including those from stocks or mutual funds) • Form 1099-MISC (various types of income , prizes , awards, or gross proceeds} • Form 1099-B (stock or mutual fund sa les and certain other transactions by brokers) • Form 1099 -S (proceeds from real estate transactions) • Form 1099 -K (merchant card and third party network transactions) Date.,. 7/31/~J • Form 1098 (home mortgage interest}, 1098-E (student loan interest), 1098-T (tuition) • Form 1 099 -C (canceled debt} • Form 1099-A (acqu isi ti on or abandonment of sec ured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN . If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing th e fi ll ed-out form, you : 1. 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No . 10231 X Form W-9 (Rev. 12-2014) 75 Arlington Street, 5th Floor • Boston, Massachusetts 02116 • phone (866) 568-0590 • fax (617) 848-2940 www.clearpointstrategy.com • info@clearpointstrategy.com ClearPoint Service Level Agreement Effective Date: January 1, 2019 This ClearPoint Strategy Service Level Agreement (“SLA”) is a policy governing the use of the ClearPoint Strategy (“ClearPoint”) under the terms of the ClearPoint Strategy End-User Agreement (the “ClearPoint Agreement”) between Ascendant Strategy Management Group LLC and its partners (“Ascendant”, “us” or “we”) and users of Ascendant’s services (“you”). This SLA applies separately to each account using ClearPoint. Unless otherwise provided herein, this SLA is subject to the terms of the ClearPoint Agreement and capitalized terms will have the meaning specified in the ClearPoint Agreement. We reserve the right to change the terms of this SLA in accordance with the ClearPoint Agreement. System Uptime Service Commitment Ascendant will use commercially reasonable efforts to make ClearPoint available with a Monthly Uptime Percentage (defined below) of at least 99.7% during any monthly billing cycle (the “Service Commitment”). In the event ClearPoint does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Service uptime does not apply to installations at the client site, only to ClearPoint when it is provided in the Ascendant SaaS model. For local installations, the client is responsible for service uptime. Definitions “Error Rate” means: (i) the total number of minutes ClearPoint is inaccessible or returns system errors divided by (ii) the total number of minutes in the monthly billing cycle. We will calculate the Error Rate for each ClearPoint account as a percentage for each five minute period in the monthly billing cycle. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the ClearPoint SLA Exclusions (as defined below). “Monthly Uptime Percentage” is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle. A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible ClearPoint account. Service Credits Service Credits are calculated as a percentage of the total charges paid by you for ClearPoint for the billing cycle in which the error occurred in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Equal to or greater than 99% but less than 99.7% 10% Less than 99% 25% 75 Arlington Street, 5th Floor • Boston, Massachusetts 02116 • phone (617) 379-0918 • fax (617) 848-2940 www.ascendantsmg.com • info@ascendantsmg.com We will apply any Service Credits only against future ClearPoint payments otherwise due from you; provided that, we may issue the Service Credit to the credit card that you used to pay for ClearPoint for the billing cycle in which the error occurred. Service Credits shall not entitle you to any refund or other payment from Ascendant. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the ClearPoint Agreement, your sole and exclusive remedy for any unavailability or non -performance of ClearPoint or other failure by us to provide ClearPoint is the receipt of a Service Credit (if eligible) in accordance with t he terms of this SLA or termination of your use of ClearPoint. Credit Request and Payment Procedures To receive a Service Credit, you must submit a request by sending an e-mail message to support@clearpointstrategy.com. To be eligible, the credit request m ust (i) include your organization's name in the subject of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident of downtime that you claim to have experienced; (iii) include any logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and (iv) be received by us within ten (10) business days after the end of the billing cycle in which the errors occurred. If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 99%, then we will issue the Service Credit to you within one billing cycle following the month in which the error occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. ClearPoint SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of ClearPoint, or any other ClearPoint performance issues: (i) that result from Service Suspensions described in the ClearPoint Agreement; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of ClearPoint; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension and termination of your right to use ClearPoint in accordance with the ClearPoint Agreement (collectively, the “ClearPoint SLA Exclusions”). If availability is impacted by factors other than those used in our calculation of the Error Rate, we may issue a Service Credit considering such factors in our sole discretion. System Errors Service Commitment Ascendant and its partners are committed to having an error free application and will use commercially reasonable efforts to be responsive to all reported issues in the application. Any errors or perceived bugs must be submitted to Ascendant and its partners, and upon verification of the issue, Ascendant will categorize the bug/issue and respond according to the table below. Bugs and perceived issues must be reported via support@clearpointstrategy.com to create a ticket. 75 Arlington Street, 5th Floor • Boston, Massachusetts 02116 • phone (617) 379-0918 • fax (617) 848-2940 www.ascendantsmg.com • info@ascendantsmg.com Standard Premium Hours of coverage Standard business hours Standard business hours (24x7 for Severity 1 and 2) Support Channel Web and email Web, email, and phone Number of Cases Unlimited Unlimited Response Times Initial and Ongoing Initial Response Ongoing Response Severity 1 1 business day 4 hours 4 hours or as agreed Severity 2 2 business days 8 hours 8 hours or as agreed Severity 3 5 business days 1 business day 2 business days or as agreed Severity 4 10 business days 2 business days 5 business days or as agreed In order to provide the responsiveness for premium support, Ascendant requests that organizations identify a primary point of contact who will be available until the issue is resolved. Definitions Initial Response: The time it takes from when the initial problem is identified and confirmed to when Ascendant and its partners have communicated to the client what the issue is and when the resolution will take place. Ongoing Response: As long as the confirmed issue is still not resolved, this is the expected resolution time or maximum time before communication between Ascendant and the client. Severity 1 (urgent): A problem that severely impacts your use of the software in a production environment (such as loss of access to ClearPoint). The situation halts your business operations and no procedural workaround exists. Severity 2 (high): A problem where the software is functioning but your use in a production environment is severely reduced. The situation is causing a high impact to portions of your business operations and no procedural workaround exists. Severity 3 (medium): A problem that involves partial, non-critical loss of use of the software in a production environment or development environment. For production environments, there is a medium-to- low impact on your business, but your business continues to function, including by using a procedural workaround. For development environments, where the situation is causing your project to no longer continue or migrate into production. Severity 4 (low): A general usage question, reporting of a documentation error, or recommendation for a future product enhancement or modification. For production environments, there is low-to-no impact on your business or the performance or functionality of your system. For development environments, there is a medium-to-low impact on your business, but your business continues to function, including by using a procedural workaround. 1901 N. MOORE STREET, SUITE 502 | ARLINGTON, VA 22209 | 866-568-0590 | INFO@CLEARPOINTSTRATEGY.COM 10/26/2023 To Whom It May Concern, Sole Proprietor Justification Ascendant Strategy Management Group, LLC (doing business as ClearPoint Strategy) is the creator of the ClearPoint Strategy Software. Ascendant Strategy Management Group owns all the code for the proprietary software, ClearPoint Strategy. Additionally, Ascendant Strategy Management Group is the only qualified organization to purchase licenses to ClearPoint from as well as the only qualified organization to implement and support the ClearPoint Strategy software in the United States. Please reach out if you have any questions. Regards, Ted K. Jackson Cofounder and Managing Partner tjackson@clearpointstrategy.com 866-568-0590 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 27, 2023 Agenda Date: December 5, 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: Mason County Clean Water District Advisory Committee – Application for Re-appointment Background/Executive Summary: The Mason County Clean Water District Advisory Committee was formed under resolution 2021-052 to serve as a local advisory council for implementation of the County’s shellfish protection programs. Glenn Landram was appointed to the committee on October 26th, 2021 for a two-year term ending October 26th, 2023. Glenn has applied to extend his term and serve for an additional three years. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): None Requested Action: Approval to re-appointment Glenn Landram to the Mason County Clean Water District Advisory Committee for a term ending October 26, 2026. Attachments: Application Mason County Agenda Request Form To: Board of Mason County Commissioners From: Casey Bingham Ext. 562 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 27, 2023 Agenda Date: December 5, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ 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: Environmental Health Fee Schedule Background/Executive Summary: Adjustments were made with Resolution no. 70.13. A CPI-U of 324.865 or 3.5% was used in calculations. Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): Requested Action: Approval to set a Public Hearing for Tuesday, December 19, 2023 at 9:15 a.m. to consider increasing the Environmental Health Fee Schedule. Attachments: Resolution no. 70-13 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 27, 2023 Agenda Date: December 5, 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: Rezone of two parcels within the rural lands, 32003-13-00100 & 32003-31-00010, from Rural Commercial 2 (RC2) to Rural Industrial (RI). Background/Executive Summary: Rezone two parcels, 32003-13-00100 & 32003-31-00010, from Rural Commercial 2 (RC2) to Rural Industrial (RI). The parcels were recently approved for a boundary line adjustment which sets new boundaries around the existing self-storage facility and Redi-mix concrete facilities and storage areas. The boundary line adjustment required adjusting the parcel line up into the rural residential parcel to the north under the same ownership. The use of at least a portion of the rural residential parcel for the Redi-mix business is noted on the application as existing since 1985. There is no proposal to expand any of the businesses existing on the parcels, the boundary line adjustment was made to better delineate the commercial uses from the industrial uses which have existed at least since the early 90s prior to zoning establishment within the County. The PAC, at their November 2023 meeting, recommended (unanimously) that the BOCC approve the request to rezone. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): The public hearing with the PAC on 11.20.23 was advertised in the Mason Shelton Journal on November 9, 2023 and November 16, 2023. This meeting of the BOCC to brief was advertised on the home page of the Mason County website and subsequent requests for action will also be advertised on the home page under the corresponding agenda. Requested Action: Approval to set a Public Hearing for Tuesday, January 2, 2024 at 9:15 a.m. to consider the rezone of two parcels within the rural lands, 32003-13-00100 & 32003-31-00010, from Rural Commercial 2 (RC2) to Rural Industrial (RI). Attachments: Map with subject parcels (current zoning), approved boundary line adjustment, and boundary line adjustment map with requested zoning. Mason County WA GIS Web Map Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community County Boundary No Filled Tax Parcels (Zoom in to 1:30,000) Rural Zoning Rural Multi Family Inholding Lands Rural Residential 2.5 Acres Rural Residential 5 Acres Rural Residential 10 Acres Rural Residential 20 Acres Agricultural Resource Lands 10/11/2023, 12:21:40 PM 0 0.05 0.10.03 mi 0 0.08 0.160.04 km 1:3,070 Maxar | Mason County WA GIS Web Map Application Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 27, 2023 Agenda Date: December 5, 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: Amendment to contract between Mason County and SCJ Alliance for consultant services to assist with the 2025 Comprehensive Plan Periodic Update. Background/Executive Summary: Planning previously brought the contract between SCJ Alliance and Mason County before the board for signing, in between that time and now the state has also made available grant money for Climate planning in the form of a climate resilience sub-element. DCD has requested that SCJ Alliance amend the contract to include the climate planning work in order to utilize the funds the state is providing now and fulfill any requirements of state law. Budget Impact (amount, funding source, budget amendment): The funding source for this project is a grant made available through the Washington State Department of Commerce. The total grant funding available is $300,000, this climate project sub-element is budgeted at $125,000. The total grant funding for the 2025 Comprehensive Plan Update is $475,000. Public Outreach (news release, community meeting, etc.): There will be many public outreach activities planned and implemented throughout the update process. Requested Action: Approval of the amendment to contract between Mason County and SCJ Alliance for consultant services to assist with the 2025 Comprehensive Plan Periodic Update. Attachments: Mason County 2025 Comprehensive Plan: Amendment No. 1 to agreement for professional services between SCJ Alliance and Mason County. AMENDMENT NO. 01 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN Firm: Shea, Carr & Jewell, Inc (dba SCJ Alliance) (“SCJ”) Address: 8730 Tallon Lane NE, Suite 200, Lacey, WA 98516 Telephone: 360-352-1465 Fax: 360-352-1509 and Client: Mason County ("Client") Address: 615 W Alder Street, Shelton, WA 98584 Telephone: 360-427-9670 Email: mwatson@masoncountywa.gov The terms and provisions of the Agreement for Professional Services apply herein unless otherwise specifically revised. Date: November 17, 2023 Project Name: Mason County 2025 Comprehensive Plan Project No.: 23-000471 Amendment Description: Support development of the County’s required Climate Resilience Element and are contingent upon award of a Department of Commerce Climate Planning Grant. Reason for Amendment: Provide continued project support for the development of the County’s required Climate Resilience Element and are contingent upon award of a Department of Commerce Climate Planning Grant. Contract Price Time of Completion Original Contract: $ 350,000 Original Contract: N/A Prior Amendments: $ N/A Prior Amendment: N/A This Amendment: $ 125,000 This Amendment: 6/30/2025 Total Contract: $ 475,000 Approved By: Mason County SCJ Alliance By: By: Title: Title: Date: Date: Exhibit A Scope of Work 2025 Periodic Comprehensive Plan Update and EIS Mason County, WA Prepared For: Marissa Watson, Senior Planner, Mason County Department of Community Development Prepared By: Cristina Haworth, AICP, Project Manager Date Prepared: November 15, 2023 Introduction: SCJ Alliance is delighted to present the following scope of work to support contract amendment no. 1 for Mason County’s 2025 Periodic Comprehensive Plan Update and EIS. These services will support development of the County’s required Climate Resilience Element and are contingent upon award of a Department of Commerce Climate Planning Grant. Phase 6 Climate Planning—Resilience Sub-Element Task 1 Initiate Project Complete the Initiate Project tasks described in the Department of Commerce Climate Planning Grant Contract, anticipated to include: • Form Climate Policy Advisory Team • Establish engagement strategy that supports environmental justice Task 2 Explore Climate Impacts Complete the Explore Climate Impacts tasks described in the Department of Commerce Climate Planning Grant Contract, anticipated to include: • Identify community assets • Explore hazards and changes in the climate • Pair assets and hazards and describe exposure and consequences • Identify priority climate hazards 23-000471 Periodic Comprehensive Plan Update and EIS Contract Amendment No. 1, Mason County November 15, 2023 Page 2 of 3 8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 Office 360.352.1465 Fax 360.352.1509 scjalliance.com Task 3 Audit Plans and Policies Complete the Audit Plans & Policies tasks described in the Department of Commerce Climate Planning Grant contract, anticipated to include: • Review existing Comprehensive Plan and Hazard Mitigation Plan for climate gaps and opportunities • Determine next step; for each climate hazard identified in Task 3.1.4, complete Climate Workbook questionnaire Task 4 Assess Vulnerability and Risk Complete the Assess Vulnerability & Risk tasks described in the Department of Commerce Climate Planning Grant contract, anticipated to include: • Assess sensitivity of community assets • Assess adaptive capacity of community assets • Characterize vulnerability of community assets • Characterize risk of community assets (for medium/high vulnerability assets) • Decide course of action Task 5 Pursue Pathways Complete the Pursue Pathways tasks described in the Department of Commerce Climate Planning Grant contract, anticipated to include: • Adapt/expand existing goals where possible and develop new goals where needed • Adapt/expand existing policies where possible and develop new policies where needed • Identify policy co-benefits Task 6 Integrate Goals and Policies Complete the Audit Plans & Policies tasks described in the Department of Commerce Climate Planning Grant contract, anticipated to include: • Review and finalize resilience goals and policies • Consult with partners and stakeholders Task 7 Public Review and Decision Process Complete the Audit Plans & Policies tasks described in the Department of Commerce Climate Planning Grant contract, anticipated to include: • Planning Advisory Commission and County Commission Meetings 23-000471 Periodic Comprehensive Plan Update and EIS Contract Amendment No. 1, Mason County November 15, 2023 Page 3 of 3 8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 Office 360.352.1465 Fax 360.352.1509 scjalliance.com Phase 6 Conditions and Assumptions 1. The final scope of work will follow the Department of Commerce’s Climate Planning Grant contract with Mason County. Significant changes to the scope or deliverables initiated by Department of Commerce may require adjustments to the schedule and/or budget. 2. SCJ Alliance is flexible in completing this scope of work. Minor changes and adjustments can be made upon request received in writing. Changes may require an adjustment to the schedule and/or budget allocations. Phase 6 Deliverables • Climate Element Workbook (five in-progress updates and one final workbook) • Public Participation Plan—Environmental Justice Section • Draft Climate Element with Resilience Goals and Policies • Adopted Climate Element with Resilience Goals and Policies Budget This Amendment No. 1 scope of work will be completed on a time and materials basis, not to exceed $125,000. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 27, 2023 Agenda Date: December 5, 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: Short-Term Vacation Rentals News Release Background/Executive Summary: Staff is performing public outreach on the review and regulation of short-term vacation rentals within Mason County. The Planning Department has sent out a postcard to shoreline lot owners within the County directing them to a survey and a project webpage on the County website. The news release is meant to reach the community beyond shoreline lot owners. Budget Impact (amount, funding source, budget amendment): None at the moment Public Outreach (news release, community meeting, etc.): Planning will be noticing the public on all PAC workshops and public hearings on this topic, as well as providing news releases and potential public surveys. Requested Action: Approval for staff to read news release during December 5, 2023 meeting of the Board. Attachments: News Release NEWS RELEASE DECEMBER 5, 2023 MASON COUNTY COMMISSIONERS’ OFFICE 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: Mason County Short-Term Vacation Rentals and Public Engagement Opportunities The Planning Department is conducting public outreach regarding short-term vacation rentals in our communities. The outreach is intended to gather community and stakeholder opinions on the issues and advantages of short-term rentals to better inform the Planning Advisory Commission and the Board of County Commissioners as they work on drafting regulations. The first part of this outreach process has commenced with postcards sent to shoreline lot owners within the County. These postcards request their input on the issue through a survey accessed by QR code or by link provided on a project page on the County website. The purpose of this news release is to reach community members beyond shoreline lot owners and direct them to the project webpage that highlights project news, upcoming meeting dates with pertinent draft documents, finalized documents when available, project manager contact information, link to notification list sign up, and a survey. The deadline for submitting survey input is January 12, 2024. The public can learn more about engagement opportunities related to the review and drafting of short-term vacation rental regulations within Mason County by visiting https://www.masoncountywa.gov/community-services/planning/short-term-vacation- rentals/index.php. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Commissioner ______________________ Sharon Trask, Chair ______________________ Randy Neatherlin, Commissioner Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator November 27, 2023 Specific Items for Review → Final review of the Purchasing and Contracting Policy – Jennifer Beierle → Defense and Indemnification request – Nichole Wilston → Request to name Building 10 “Gary Paul Burleson Law and Justice Building” – Mark Neary Administrator Updates Commissioner Discussion → Commissioner calendar updates Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 11/27/23, 11/20/2023 & 10/9/2023 Agenda Date: 12/5/2023 Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☒ Other (This is the responsibility of the requesting Department) Audit Committee & SAO 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: Final Review of Draft Purchasing and Contracting Policy – Clean Version Background/Executive Summary: Mason County adopted a purchasing policy, Resolution No. 106-16, that is in desperate need of updating, according to our State Auditor’s Office. A draft purchasing policy has been written and has been circulated and approved with some reservation through the County’s Audit Committee. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Request the Board review the clean version of the draft purchasing and contracting policy and move to adopt the policy on December 5, 2023. Attachments: Draft Purchasing and Contracting Policy RESOLUTION NO. _____ AMENDING RESOLUTION NO. 106-16 AND AMENDING MASON COUNTY CODE TITLE 2, CHAPTER 2.21 MASON COUNTY PURCHASING AND CONTRACTING POLICY WHEREAS, the Board of Mason County Commissioners has “the care of the county property and the management of the county funds and business…”, per RCW 36.32.120, and; WHEREAS, it is in the best interest of Mason County to update the purchasing and contracting policy to guide county employees in the practice of procurement in compliance with federal and state laws and internal county guidelines. NOW, THEREFORE, BE IT RESOLVED, that the Board Mason County Commissioners does hereby adopt the Mason County Purchasing and Contracting Policy (Attachment A) to this resolution. DATED this day of _______ 2023. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief DPA BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ___________________________________ Sharon Trask, Chair ___________________________________ Kevin Shutty, Commissioner ___________________________________ Randy Neatherlin, Commissioner 1 Mason County Purchasing and Contracting Policy Chapter 1 – PURPOSE AND SCOPE 1.1 Purpose 1.1.1. The purpose of this procurement and contracting policy is to ensure that all persons involved in the procurement process follow applicable laws and maximize the value of products and services purchased with public funds consistent with the Mason County Conflict of Interest Policy, County code Chapter 2.24 1.1.2. This policy does not create any enforceable rights or causes of action in third parties and does not in any way limit the County’s ability to procure goods and services or enter into contracts in accordance with state and federal law. If there is any conflict between this policy and state and federal law, the applicable state and federal law supersedes this policy. 1.1.3. Nothing in this policy prevents the County from complying with the terms and conditions of any grant, gift, or bequest which is otherwise consistent with federal, state, and local laws, provided the grant, gift or bequest does not obligate another Office or Department to incur unanticipated expenses without its approval by the affected Office or Department and the Board of County Commissioners (BOCC). 1.2 Scope 1.2.1. All elected officials, directors, employees, and agents of the County must comply with this policy except where otherwise governed by federal or state law. Offices and Departments may develop their own internal policies which may be more detailed or more stringent than the minimum County requirements listed in this policy. Chapter 2 - GENERAL PROCUREMENT AND CONTRACTING POLICY 2.1. All Offices and Departments must purchase goods and services in compliance with federal and state laws, County code, and all applicable rules and policies including Attachment A, B, & C Purchasing Policy Work Flow Elements attached and incorporated into this policy. 2.2. The purchase of goods and services and associated contracting shall comply with approved 2 budgetary authority or approved budget amendments. 2.3. All Offices and Departments must use the Total Cost of Acquisition (TCA) as defined in this policy to determine the dollar thresholds in applying this policy. 2.4. The County encourages competitive bidding. 2.5. The Board of County Commissioners delegates authority to elected officials, directors, or their designee to approve, award, execute and amend all contracts, except those listed in Section A of this policy, provided they do so in compliance with federal and state law and the provisions of this policy and its supporting procedures. In circumstances where contracting authority is unclear, or where there is a joint commitment, signatures of the Board and an elected official may be required. 2.6. Board approval is required for: 2.6.1. All contracts entered into by an Office/Department following a formal bidding or competitive request for proposals (RFP) as stated in the Procurement Policy Work Flow Elements, Attachments A, B, & C; 2.6.2. All multi-year expenditure contracts, unless a non-appropriation clause is included in the contract; 2.6.3. All noncompetitive procurement contracts over $50,000; 2.6.4. All real property acquisitions and disposals, including leases; 2.6.5. All union labor agreements; 2.6.6. Interlocal agreements; 2.6.7. New grant applications so that the Board may evaluate the financial impact of the program and recognize new revenue and expenditure authority as necessary; 2.6.8. Recurring grant applications if there is a required County match; 2.6.9. Any contract that, by statute, must be approved by the governing body of the County. 2.6.10. All amendments for contracts requiring a formal bidding or competitive RFP that causes cumulative change orders/amendments that exceed 10% of the original amount of the contract. 2.7. The Board may waive the competitive bid requirements of this policy and in Attachment C for service contracts upon request of an elected official or department director, as permitted by state law. 2.8. Offices and Departments must not break any project into units or phases if it is done for the purpose of avoiding the dollar threshold of a contract that would require using one of the County Rosters or a competitive bid process. 2.9. Architectural and engineering (A&E) services must be procured pursuant to RCW 39.80. See Section H, Procurement Using Federal Funds, below, for A&E restrictions when using Federal funds. 2.10. The County is committed to providing Women and Minority Business Enterprises (WMBE) full access to County purchasing and contracting opportunities. Chapter 3 – PUBLIC WORK CONTRACTS (not limited to the Public Works Department- see definition of Public Work and RCW 39.04.010) 3.1. See Attachment A- Procurement Policy Work Flow Elements for specific dollar limits and other requirements that apply to the following: 3 3.1.1. Under a specific dollar limit, an Office or Department may award Public Works Contracts without advertising, competitive bidding, and/or the alternate requirements of the Small Works Roster process (RCW 36.2.250). 3.1.2. Within specific dollar limits, an Office or Department may use the Limited Public Works Process as defined in RCW 39.04.155(3) for Public Works Contracts. 3.1.3. Within specific dollar limits, an Office or Department may award Public Works Contracts through the Small Works Roster process, competitive bidding, or any other means so long as all legal requirements to enter into such contract are met. Those requirements include: 3.1.3.1. Obtaining a performance and payment bond or an acceptable substitute, and 3.1.3.2. Meeting prevailing wage and meeting retained percentage requirements, regardless of funding source. 3.1.3.3. Above a specific dollar amount, a competitive sealed bid process is required for Public Works Contracts. Chapter 4 - CONTRACTS OTHER THAN PUBLIC WORKS 4.1. See Procurement Policy Work Flow Elements, Attachments A, B, & C, for specific dollar limits and other requirements that apply to the following: 4.1.1. Under a specific dollar limit, an Office or Department may authorize goods and/or services purchases without advertisement, formal competitive process or written contract (RCW 36.32.245). All such purchases must be for the business of the County, considering the best interests of the County and in conformance with policies published by the County, including the Financial Policies and Procedures. 4.1.2. Within specific dollar limits, an Office or Department may award contracts for goods and/or services without advertising or a formal sealed bid process, provided the vendor was selected pursuant to RCW 39.04.190 and the Mason County Purchasing Procedure (RCW 36.32.245). 4.1.3. Above a specific dollar amount, an Office or Department must issue a Request for Quotes (RFQ) or Request for Proposals (RFP). Chapter 5- INORMATION TECHNOLOGY PURCHASES (RCW 39.04.270) 5.1. The Information Technology (IT) Steering Committee will establish all information technology equipment standards in accordance with County policy. If the desired purchase is included in the current standards, the IT Department will order through existing government contracts and the benefitting Department will make the purchase. The IT Department will maintain such contracts to ensure the best available technology pricing for the County. 5.2. All IT related purchases or leases require IT Department review- see Attachments B & C Information Technology Purchases. Chapter 6 - PROCUREMENT USING FEDERAL FUNDS 6.1. Federal Procurement Standards 6.1.1. When procuring goods or services using direct or indirect (pass-through) Federal award funds, Offices/Departments must utilize the procurement methods outlined in 4 this policy and Attachments A, B, & C, and will also comply with Federal procurement standards outlined in §200.213, and §200.318 through §200.326 of 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the “Uniform Guidance” or “Super Circular”) 6.1.2. Refer to Attachment A for a comparison of Federal and non-federal procurement thresholds and authorized procurement methods. 6.1.3. Where there is a difference between County procurement policy and Federal procurement policy, the most restrictive policy will govern, in accordance with §200.319(c). 1.4. Offices and Departments will follow the grant guidelines in Financial Policies and Procedures Resolution when receiving and expending state and federal funds. 6.2. 2 CFR 200.324 Contract cost and price. 6.2.1. The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. 6.2.2. The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 6.2.3. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under subpart E of 2 CFR 200.324. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. 6.2.4. The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. 6.3. Suspension and Debarment 6.3.1. County Offices/Departments receiving federal awards must comply with debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR Part 180, per §200.213. 6.3.2. County Offices/Departments will ensure and document that no agreement for goods or services is entered into with any entity or person (including subrecipients, contractors, vendors, and consultants) who has been disqualified (suspended or debarred) from participation in Federal programs or activities. 6.3.3. County Offices/Departments will ensure that subrecipients, contractors, vendors, and consultants include suspension and debarment requirements in lower-tier agreements under the award. 6.4. Subrecipients vs. Contractors 6.4.1. County Offices/Departments must determine and document whether each agreement it intends to make for the disbursement of Federal program funds casts the party 5 receiving the funds in the role of a subrecipient or a contractor, in accordance with the definitions outlined in §200.93 and §200.23, respectively, and the defining characteristics of each outlined in §200.330(a)-(c). 6.5. Subrecipient Risk Assessments and Monitoring 6.5.1. County Offices/Departments will evaluate each subrecipient’s risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward in accordance with the risk factors outlined in §200.331(b)(1)-(4) to determine the appropriate levels of subrecipient monitoring and to determine whether additional subaward conditions should be imposed upon a subrecipient, per §200.207 and §200.331(c). 6.5.2. County Offices/Departments must conduct risk assessments prior to entering into any subaward and subsequent subaward amendment, and annually thereafter for the life of each subaward. 6.5.3. County Offices/Departments will monitor subrecipient financial and program performance to ensure that subawards are used for authorized purposes; that they are in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved, in accordance with §200.331(d), 6.5.4. Each subaward must be monitored in accordance with the grant requirements. Because the nature of grant funded activities varies depending on the program-specific needs and compliance requirements, Offices/Departments will use their best judgement in developing monitoring schedules and systems tailored to their programs’ needs. 6.6. Subaward Agreements 6.6.1. Offices/Departments must obtain prior written approval from the Federal or pass- through funding agency to subaward out non-construction services using Federal funds, in accordance with §200.308(c)(1)(vi). 6.6.2. Each subrecipient agreement (subaward) and each subsequent modification or amendment must be clearly identified to the subrecipient as a subaward and provide the federal award information outlined in §200.331(a)(1)-(6). 6.6.3. Each subaward will include appropriate Single Audit Act requirements pursuant to 2 CFR 200, Subpart F, including: 6.6.3.1. Subrecipient compliance with the Single Audit Act of 1984, as modified. 6.6.3.2. Independent auditor access to the subrecipient’s financial records. 6.6.3.3. Provision by the subrecipient of any required Single Audits to the County within the time limit set forth in the Single Audit Act. 6.6.3.4. Access by the County to review of the subrecipient’s financial records, in the event a Single Audit is not required. 6.6.3.5. Notification by the subrecipient and voiding of the subaward in the event of subrecipient suspension or debarment. 6.6.3.6. Verification by the subrecipient of non-suspension and non-debarment status prior to issuing lower-tier subawards or contracts. 6.6.4. Offices/Departments will verify that subrecipients whose aggregate Federal award funding expended during the respective fiscal year equaled or exceeded $750,000, including direct and pass-through, were audited in accordance with §200.501. 6 6.6.5. Offices/Departments must review subrecipients’ audit reports annually to ensure compliance in Federal program areas in which the Office/Department passed through Federal award funds to the subrecipient, per §200.331(f). 6.7. Subrecipient and Contractor Payments 6.7.1. Offices/Departments must ensure that payments are made to subrecipients and contractors in accordance with contract provisions (§200.305(b)(1) and will be made within 30 calendar days after receipt of the contractor billing unless there is reasonable belief that the request is improper, per §200.305(b)(3). 6.8. Conflicts of Interest 6.8.1. County employees must abide by the Ethics and Conflict of Interest Policy, currently Resolution No. 105-16. 6.8.2. The procurement of any contract supported by a Federal award must also comply with the more restrictive provisions of §200.318(c)(1), whereby all officers, employees, and agents of the County participating in the procurement process, including selection, award, or administration of a contract, must not have any real or apparent conflicts of interest regarding a purchase or contract. 6.8.3. Offices/Departments must report suspected violations of this policy to the Financial Management Committee and/or Internal Auditor for thorough and impartial investigation. Determined violations will be subject to disciplinary action, as deemed appropriate by the Financial Management Committee and the respective Director/Elected Official, in consultation with the Department of Human Resources. 6.8.4. Violations of this section may be grounds for dismissal or forfeiture of office. 6.8.5. Employees found to be in violation may also be liable to the County for monetary penalties as allowable by state law, in addition to any civil or criminal liabilities or penalties that may be imposed by law enforcement. 6.8.6. Contracts entered into in violation of this policy will be voided. 6.9. Gifts and Gratuities 6.9.1. County officers, employees and agents involved in Federally supported procurement or contract administration must neither solicit nor accept gifts, including gratuities, favors, or anything of monetary value from contractors, subrecipients, or parties to subcontracts, per §200.318(c)(1). 6.10. Mandatory Disclosures 6.10.1. Offices/Departments must disclose in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award, in accordance with §200.113. 6.10.2. Disclosures must be made within 14 (fourteen) calendar days of violation determination. 6.11. Architectural and engineering (A&E) services have more restrictive Federal requirements than RCW 39.80. 6.11.1. Proposals: A procurement method in which either a fixed price or cost- reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements: 6.11.2. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of 7 qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; 6.11.3. The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and making selections; 6.11.4. Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non-Federal entity, with price and other factors considered; and 6.11.5. The non-Federal entity may use competitive proposal procedures for qualifications- based procurement of architectural/engineering (A&E) professional services whereby offeror’s qualifications are evaluated and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A&E professional services. It cannot be used to purchase other types of services through A&E firms that are a potential source to perform the proposed effort. Chapter 7 - COOPERATIVE PURCHASING 7.1. The County recognizes that using bid processes and contracts awarded by another public agency (also known as “piggybacking”) can achieve efficiency and greater volume discounts. The County encourages the use of these opportunities in accordance with the provisions of Chapter 39.34 RCW requiring the public agency that awarded the bid, proposal, or contract to comply with its own procurement requirements and to post the bid or solicitation on the internet. The County is required to have an interlocal agreement with the public agency per RCW 39.34. 7.2. Offices and Departments may search for such opportunities, including but not limited to State of Washington contracts, Federal and U.S. Community contracts, and contracts offered by other municipal corporations within the State of Washington which conform with Chapter 39.34 RCW and Chapter 39.32 RCW. 7.3. The County has adopted Resolution No. 2023-004, which allows purchasing of various supplies, materials, and equipment from federal contracts (RCW 39.32.090). This is not technically considered “piggybacking” as such purchases are exempt from bidding and are not subject to RCW 39.34.030. Chapter 8 - RESPONSIBILITIES PRIOR TO ONSITE WORK 8.1. Certificates of Insurance 8.1.1. Certificates of Insurance requirements must be stated during the solicitation process. During solicitation contact the Risk Manager to assure the appropriate insurance requirements are being addressed. Certificates of Insurance must be submitted with the contract prior to on-site work. 8.2. Washington State Contractor’s License 8.2.1. It is the Office/Department’s responsibility to verify a current Washington State Contractor’s License and current Workers’ Comp status. 8.2.2. The Office/Department will also verify that the contractor is not on the federal debarment listing. 8.3. Business License 8 8.3.1. It is the Office/Department’s responsibility to verify current business with the Department of Revenue. 8.4. Prevailing Wage Requirements – Ongoing, Pursuant to RCW 39.12 8.4.1. Prior to Getting an Estimate or a Quote – Notify the vendor that they are to pay prevailing wages and a Certification of Compliance with Wage Payment Statutes is required; 8.4.2. After a Vendor has been selected – The vendor is required to file a “Statement of Intent to Pay Prevailing Wages” with the Department of Labor and Industries; 8.4.3. After the work is completed – The vendor must also file an “Affidavit of Wages Paid” with the Department of Labor and Industries. 8.4.4. Payment will not be released until certified intents and affidavits have been received. Chapter 9 - POLICY EXCEPTIONS 9.1. See Attachment D, Procurement Policy Exceptions and Exemptions. Chapter 10 - POLICY DEFINITIONS 10.1. See Attachment E, Procurement Policy Definitions. Chapter 11 - POLICY COMPLIANCE 11.1. Elected Officials, Directors and employees who are responsible for conducting procurements and working with contracts are expected to read, understand, and follow this policy. Directors and employees who violate this policy may be disciplined, up to and including termination. Elected Officials, Directors and employees who violate federal or state laws and regulations regarding contracting and purchasing are subject to RCW 39.30.020. Public Work Contracts Contracts Contracts Non‐Federal Award Less than $40,000 $40,000 to $350,000 Larger than $350,000 Federal Award Up to $10,000 Over $10,000 to $250,000 Larger than $250,000 Written Contract Required (RCW 39.04.010) Required (RCW 39.04.010) Required (RCW 39.04.010) Contract Review Non‐standard only (Policy Only) Risk Management; Prosecuting Attorney Risk Management; Prosecuting Attorney Approvals Department Director or Elected Official (RCW 39.04.020) Department Director or Elected Official (RCW 39.04.020) BOCC (RCW 39.04.020) Bidding Use Small Works Roster (RCW 39.04.155) Use Small Works Roster (RCW 39.04.155) Formal Bid Required (RCW 39.04.010); Risk Management Review required prior to going out to bid Advertising Use Small Works Roster ‐ yearly Roster ad req. Contact 5 on roster. Rotate contacts (RCW 39.04.155) Use Small Works Roster ‐ yearly Roster ad req. Contact all for type of work on roster (RCW 39.04.155) Required (RCW 39.04.020) Bid Deposit At County's Discretion At County's Discretion Required (RCW 36.32.250) Award Soliciting Office/Dept. to responsible bidder with the lowest responsive bid (RCW 39.04.010; RCW 39.04.350) Soliciting Office/Dept to responsible bidder with the lowest responsive bid (BOCC delegated by policy; RCW 39.04.010; RCW 39.04.350) BOCC awards to responsible bidder with the lowest responsive bid (RCW 39.04.010; RCW 39.04.350) Execution of Contract Dept. Director or Elected Official (Policy Only) Dept. Director or Elected Official per provisions of Award (Policy Only) Dept. Director or Elected Official per provisions of Award (Policy Only) Identify Subcontractor(s) Not required Not required For contracts $1 million or more (RCW 39.30.060) Performance and Payment Bond Required. Contractor may choose to have the County hold 10% of funds earned in lieu of bond for public work of $150,000 or less. (RCW 39.08.010) Required. Contractor may choose to have the County hold 10% of funds earned in lieu of bond for public work of $150,000 or less. (RCW 39.08.010) Bond required from state‐approved surety company (RCW 39.08.010) Prevailing Wage Required (RCW 39.12) Required (RCW 39.12) Required (RCW 39.12) Retained Percentage 5% Required unless funded by Federal Transportation Funds, then bond only (RCW 60.28.011) 5% Required unless funded by Federal Transportation Funds, then bond only (RCW 60.28.011) 5% Required unless funded by Federal Transportation Funds, then bond only (RCW 60.28.011) Federal Funds Attachment A ‐ Procurement Policy Work Flow Elements Determine whether the recipient is: (a) a vendor or a subrecipient ‐ subrecipients require special contract language, or (b) Debarred or suspended or otherwise excluded from or ineligible for participation in Federal programs. The County must also perform a contract cost and price analysis when using federal funds as outlined in this policy under Chapter 6 ‐ Procurement Using Federal Funds, Section 2. Public Work * not limited to Public Works Department‐ see definition of Public Work & RCW 39.04.010 Less than $10,000 $10,000 to $50,000 Greater than $50,000 Written Contract Not required, except for leases Not required, except for leases Required (RCW 36.32.245) Contract Review Not required, except for lease contracts Not required, except for lease contracts Risk Management; Prosecuting Attorney (lease contracts only) Approvals Elected Official or Department Director (BOCC delegated by Policy) Elected Official or Department Director (RCW 39.04.190; BOCC delegated by Policy) BOCC (RCW 36.32.245) Bidding Not required Formal bidding not required if using RCW 39.04.190 process (vendor list), obtain telephone or written quotes from at least 3 different vendors (RCW 39.04.190) RFQ/ RFP Competitive bids on bid specifications required (RCW 36.32.245); Risk Management review required prior to going out to bid Advertising Not required Vendor List ‐twice yearly adv. Vendor list (RCW 39.04.190) Required (RCW 36.32.245) Bid Deposit Not required Not required Recommended Award n/a Director or Elected Official to lowest responsive responsible bidder, Document the quotes & the award by completing a form & register with Clerk of the BOCC. Clerk will post the awards for public inspection. (RCW 39.04.190) BOCC to lowest responsive bidder clerk will post the award for public inspection. Execution of Contract n/a Elected Official or Dept. Director per provisions of award Elected Official or Dept. Director per provisions of award Federal Funds Information Technology Purchase Attachment B ‐ Procurement Policy Work Flow Elements Determine where the recipient is: (a)A vendor or a subrecipient ‐ Subrecipient requires special contract language (b)Debarred or suspended or otherwise excluded from or ineligible for participation in Federal assistance programs. Purchases of Materials, Equipment and Supplies, and Leases of Equipment (RCW 32.32.245) Information Technology Approval is required for all purchases that integrate into the County network. The Information Technology Department will determine if IT Steering Committee Approval is required ‐ see Chapter 5 of the Policy. Up to $10,000 $10,000 to $50,000 Greater than $50,000 Written Contract Not required Not required Required Contract Review Risk Management; Prosecuting Attorney not required Risk Management; Prosecuting Attorney not required Risk Management; Prosecuting Attorney Approvals Department Director or Elected Official Department Director or Elected Official (BOCC delegated by Policy) BOCC Bidding Not required. Refer to internal office/dept. procedures if applicable. Obtain telephone or written quotes from at least 3 different vendors Request for proposal (RFP) required Advertising Not Required Not Required Public Notice/notify vendors on the vendor list Bid Deposit Not Required Not Required Recommended Award Not Required Document the quotes & the award by completing a form & forwarding it to the Cleck of the BOCC. Clerk will post the award for public inspection. Send documentation to the Clerk of the BOCC. Clerk will post for public inspection. Execution of Contract Elected Official or Dept. Director Elected Official or Dept. Director Elected Official or Dept. Director Federal Funds Health Care Providers Information Technology Purchase Using other Public Agency Contract Information Technology Approval is required for all purchases that integrate into the County network. The Information Technology Department will determine if IT Steering Committee Approval is required ‐ see Chapter 5 of the Policy. Attachment C ‐ Procurement Policy Work Flow Elements Pursuant to Chapter RCW 39.34, including but not limited to State of Washington contracts, Federal and U.S. Community contracts, and contracts offered by other municipal corporations within the State of Washington. A contract is required between the county and the vendor. Also, an interlocal agreement is required between the public agencies. Determine whether the recipient is: (a) A vendor or a subrecipient‐ subrecipient requires special contract language. (b) Debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. HIPPA Language required in contract Cooperative Purchasing of Construction Materials and Procurement of Goods and Services Allowed, also known as "piggybacking" Contract for Services (Except for Architectural & Engineering (A&E) See section H of Policy Body) Election materials and ballots Comply with the Mason County Financial Policies and Procedures, Resolution No. 2021‐088 Pursuant to RCW 36.32.245(4) Exempt from bidding and competitive solicitation only Attachment D ‐ Procurement Policy Exceptions and Exemptions Exempt from Procurement Policy Special Conditions Interfund agreements Pursuant to RCW 39.04.280 Auction Purchases Brokerage, securities, and debt transactions Emergency Purchases Employment tests and employment test services Expert Witnesses for legal proceedings Insurance Bonds Pursuant to RCW 39.04.280 Water pollution control and/or solid waste handling facilities/services Pursuant to RCW 36.32.245(6) Pursuant to RCW 35.21.278 Pursuant to Chapter 39.35A RCW Pursuant to RCW 36.48 Use a Board‐approved selection process (may include an adv. Board or committee) Pursuant to RCW 39.04.280. The following steps are required to obtain Board approval for a noncompetitive procurement: (1) Conduct a screening process to justify the purchase of a specific good and service; (2) Document that the good or service is available only through one provider or manufacturer (or distributor, and manufacturer so certifies); (3) Document that the vendor certifies that the county is getting the lowest price it offers; and (4) Draft a sole source resolution justification documenting why the particular product or service is mandatory and what efforts were made to find other vendors and present to the Board for approval (5) Once approved, the Office/Department will place the order Pursuant to RCW 36.32.265 Legal and public defender services Park improvements or maintenance (Contracts with community service organizations) Performance based contracts for energy equipment Public depositaries Special facilities or market conditions See https://wsdot.wa.gov/engineering‐standards/design‐topics/design‐tools‐and‐support Pursuant to Chapter 39.34 RCW Service Contracts with community, social service, health providers Noncompetitive procurement (sole source): Purchases that are clearly and legitimately limited to a single source of supply. Examples where a sole source situation may exist: (1) Licensed, copyrighted, or patented products or services that only one vendor provides. (2) New equipment or products that must be compatible w/existing equipment that only one vendor provides. (3) Proprietary or custom‐built software or information systems that only one vendor provides. (4) Products or services where only one vendor meets the required certificaitons or statutory requirements. Federal Highway Administration Blanket Proprietary Approvals for Washington State. Interlocal Agreements (Requires written contract regardless of dollar amount) Pursuant to RCW 39.30.045 Pursuant to Mason County Investment and Debt Policies Pursuant to RCW 36.32.270 and RCW 39.04.280, must follow FEMA guidelines for declared Federal disasters Employment tests and employment testing services Pursuant to RCW 39.26.125 Award The formal decision to accept a Bid or proposal. Bid An offer to perform a Contract for work and labor or supplying materials at a specified price. The response submitted by a bidder to an invitation for bids. Board Mason County Board of County Commissioners Code of Federal Regulations (CFR) The Code of Federal Regulations (CFR) annual edition is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Competitive Bidding The offer of firm bids to supply specified services by individuals or firms competing for a contract. Competitive Sealed Bid A method of selecting the lowest responsive bid for a specific Public Work project. Written Bids are submitted by contractors based on plans and specifications in the Call for Sealed Bids. No negotiation with bidders is permitted. Contract Any agreement (other than a purchase order) between two or more parties stipulating obligations of one to another. It is a mutually binding legal relationship obligating the seller to furnish the product, materials, or services and the buyer to pay for them. To be enforceable, a Contract must contain five essential elements: an offer and acceptance of the offer; consideration; legal subject matter; competent parties; and essential terms and conditions. Contractor A vendor who has been awarded a contract for goods and/or services and has entered into a contract with Mason County. Contract Officer The County employee designated by the elected official or Department director to manage a Contract in compliance with this policy. Consultant A contractor or vendor offering or providing engineering, architectural, or other professional services. Cooperative Contract (also Group Contract) An agreement that utilizes Bids, proposals or Contracts awarded by another public agency to achieve efficiency, easier access, or greater volume discounts. County Mason County County Administrator The top executive position reporting to the Board of County Commissioners. Department A Mason County department established by the Board with an appointed director or a board or commission appointed by the Board. Emergency Purchases Purchases made to maintain safety, security, and/or preservation of County assets during exigent events, provided an emergency is declared by the Board or other lawful authority as soon as practicable. Exempted Public Work (XPW)Public Work Contracts less than $40,000. (RCW 36.32.250 ) Fleet Acquisitions The acquisition of any vehicle (such as cars, trucks, or trailers) that must be licensed according to state law for use on public roads, ride‐on construction equipment (such as dozers, excavators, or pavers), and ride‐on commercial‐size equipment with wheels or tracks (such as lawn mowers, skid steer loaders, tractors, forklifts, and mobile work platforms). Grant Any gift, appropriation, donation, or advance by any donor, whether absolute or conditional, for any purpose. The County may be the donor (grantor) or the recipient (grantee). Information Technology (IT) The equipment, software and services used in storing, processing, copying, transmitting, and displaying all forms of electronic information. Information technology includes but is not limited to: equipment and services associated with personal computers, servers, laptops and portable computers, printers, and all associated peripheral devices. It also includes equipment and services associated with network components, backup systems, wireless networks, copy machines, fax machines, telephones, cell phones, software licenses, telecommunications equipment, imaging systems, and audio/visual/media systems. NOTE: Cabling and other IT related improvements to the infrastructure of a County owned or leased building is not included in this definition because such projects generally fall within the definition of a Public Work. Interlocal Agreement An agreement between the County and other public agency as defined under Chapter 39.34 RCW. Interfund Agreement A brief informal memo of understanding signed by the elected official or department director, which includes the scope of work and time period, may be written for work to be performed by one County office/department for another County office/ department. lnterfund agreements are not considered a "purchase" or "contract" for the purposes of this policy. Attachment E ‐ Procurement Policy Definitions Attachment E ‐ Procurement Policy Definitions Limited Public Work Process (LPW) RCW 39.04 .155(3)) Provides uniform Small Works Roster provisions to Award Contracts for work, construction, building, renovation, remodeling, alteration, repair, or improvement of real property that may be used by the County. These provisions may be used in lieu of other procedures to Award Public Work Contracts with an estimated cost of less than $35,000. However, the County has elected to invoke the authority provided to the Board to establish an alternative procedure for all Public Work Contracts under $40,000. (This definition and explanation is provided solely for the benefit of those who may be familiar with the RCW reference regarding the Limited Public Work Process. See definition ‐ Exempted Public Work lXPW)) . Office The office of a County elected official. Ordinary Maintenance Includes work to maintain an asset that is performed on a regular basis (i.e. weekly, monthly, or annually), except for janitorial services which include work performed by janitors, waxers, shampooers, and window cleaners only. Piggybacking An alternative to conducting a public bidding process, pursuant to RCW 39.34.030 Procurement The combined functions of purchasing, inventory control, transportation, receiving, inspection, store keeping, and salvage and disposal operations. Procurement Process All activities involved in finding, agreeing to terms, and acquiring goods, services, infrastructure, and public work either purchased or leased, including but not limited to: •idenƟfying the need to procure; •selecƟng vendors; •contracƟng and making purchases; and •managing contracts and vendors. Professional Services Contract A Contract for professional or technical expertise contracted to accomplish a specific study, project, task, or other work statement. Proposal An offer submitted by an vendor in response to a request for proposals and intended to be used as a basis for negotiation for a contract. Public Building Service Maintenance Contracts Janitorial service Contracts on public buildings and/or assets and cover only work performed by janitors, waxers, shampooers, and window cleaners, pursuant to WAC 296‐1 27‐01308. Public Work All work involving construction, alteration, repair, or improvement, other than Ordinary Maintenance, executed at the cost of the County. This includes, but is not limited to, demolition, remodeling, renovation, road construction, building construction, ferry construction, and utility construction. In terms of building construction, it includes anything that is permanently affixed to the building. (RCW 39.04.010) Public Work Contract A Contract in writing for the execution of Public Work for a fixed or determinable amount awarded per procedures required by state law, pursuant to RCW 39.04.010. Purchase Order A document generated by the County that authorizes a purchase transaction. When accepted by the seller, it becomes a contract binding on both parties. A purchase order sets forth the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment, other associated terms and conditions, and identifies a specific seller. Request for Proposal (RFP) Excluding Engineering, Architecture, and other professional services described in Chapter 39.80 RCW) A method used to solicit written proposals for services. A RFP may include a Request for Information, Request for Qualifications or other similar methods used to solicit proposals for services. The intent of the RFP is to acquire, by the most advantageous and flexible method, the services needed at the highest possible quality. Unlike most material Contracts, where the primary concern is cost, in service procurement evaluative factors are generally based on qualifications and ability to do the job. A RFP differs from a Competitive Sealed Bid in three important ways: 1. It permits discussions and negotiations with competing proposers and allows changes in their proposals including price. Alterations by negotiation in the nature of a proposal and in prices may be made after proposals are opened. 2. It allows comparative evaluations to be made when selecting among acceptable proposals for Contract Awards. 3. It provides a flexible method of approaching a project which has limited specifications or requirements. The results wanted are known but there may not be a clear understanding of the specific requirements needed to identify how or what the methods may be, or what the services may entail. Responsible Bidder ‐ Public Work At the time of bid submittal, comply with the criteria set forth in RCW 39.04.350. For other types of contracting, the same criteria apply excepting those only related to the construction of facilities. Attachment E ‐ Procurement Policy Definitions Responsive Bidder A bidder that has adequately addressed the requirements of the contract as set forth in the RFP/RFQ or other soliciting document. A bidder must be a Responsive Bidder in order to be considered a Responsible Bidder. Risk Assessment The assessment of each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring, which may include consideration of such factors as: •The subrecipient's prior experience with the same or similar subawards; •The results of previous audits; •Whether the subrecipient has new personnel or new or substanƟally changed systems; and •The extent and results of other Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal awards directly from a Federal awarding agency). Small Public Work (SPW) A Public Work of $300,000 or less, Total Net Cost of Acquisition. Small Works Roster (RCW 39.04.155) A list of pre‐qualified contractors used for the purpose of obtaining quotations and awarding Contracts for Public Work with an estimated cost of $300,000 or less, Total Net Cost of Acquisition. Standard Form Contract Written contracts specific to various types of commonly procured goods and services drafted by the Office of the Prosecuting Attorney, Civil Division. The Standard Form Contracts will be made available through the Risk Management Division of Human Resources. Subrecipient A non‐Federal entity that receives a subaward from a pass‐through entity to carry out part of a Federal program. An individual that is a beneficiary of a Federal program is not a subrecipient. A non‐ federal entity may concurrently receive Federal awards as a recipient, a subrecipient and a contractor (2 CFR 200.93). Characteristics which support the classification of the non‐Federal entity as a subrecipient include when the non‐Federal entity: (1) determines who is eligible to receive what Federal assistance; (2) has its performance measured in relation to whether objectives of a Federal program were met; (3) has responsibility for programmatic decision making; (4) is responsible for adherence to applicable Federal program requirements specified in the Federal award; and (5) in accordance with its agreement, uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass‐ through entity (§200.330(a)(l)‐(5)). Sustainability Using natural, financial, and human resources in a responsible manner that meets existing needs without compromising the ability of future generations to meet their own needs. Total Cost of Acquisition (TCA) The total of sales price, sales or use tax, freight or shipping charges, installation or set up charges, security deposits, and any other charges applicable to the acquisition. Interest to be paid over the term of the Contract and bargain purchase option amount will be included, where applicable, for leases and installation purchases. Total Net Cost of Acquisition (TNCA) Total Cost of Acquisition less trade‐in or other applicable credit. Vendor A potential provider of goods and/or services. WMBE (Women and Minority Owned Business Enterprises) Companies that are certified by the State Office of Minority and Women's Business Enterprises as being owned at least 51% by a woman or minority. Some Departments also use the term HUB (Historically Underutilized Business) with the same definition . Mason County Agenda Request Form To: Board of Mason County Commissioners From: Nichole Wilston Ext.643 Department: Risk Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 11/27/2023 Agenda Date: 12/5/2023 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☒ 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: The following Mason County Officers, Employee’s and Volunteer(s) request for Defense & Indemnification coverage assigned by the County as named defendants in the case of Austin Jansen v. Mason County, et al., Case No. 3:23-cv-05840-TMC United States District Court Case served upon them on November 1, 2023: Judge Monty Cobb. Background/Executive Summary: Per Ordinance No. 06-18, Mason County Policy and Procedure for Defense and Indemnity of Employees any officer, employee or volunteer who is subject to a claim for damages may request that Mason County authorize and provide the defense of the claim. The Board of County Commissioners shall authorize the payment for the defense and any nonpunitive monetary judgment awarded in the case as outlined in the Ordinance arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. Per Ordinance No. 06-18 Mason County reserves the right to pay punitive monetary judgments entered against any of the named defendant’s, until, and if, a judgment is awarded. Requested Action: Approval of the following Mason County Officers, Employee’s and Volunteer(s) request for Defense & Indemnification coverage assigned by the County as named defendants in the case of Austin Jansen v. Mason County, et al., Case No. 3:23- cv-05840-TMC United States District Court Case served upon them on November 1, 2023: Judge Monty Cobb. Attachments: Austin Jansen v. Mason County, et al., Case No. 3:23-cv-05840-TMC United States District Court Case on file with Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 27, 2023 Agenda Date: December 5, 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: Request to name Building 10 the Gary Paul Burleson District Court Building Background/Executive Summary: Pursuant to Mason County’s Honorary Facility Naming Policy, Mason County Code Chapter 2.54, Joe Robertson submitted a request to name Building 10 the Gary Paul Burleson Law and Justice Building. Chapter 2.54.020 - Eligibility criteria. Recognition with an honorary facility/park naming shall be reserved for those individuals and organizations that have performed an exemplary act or achievement of lasting interest to their community, which reflects positively on Mason County as a whole, an d: If an individual is a resident or a native of the county or is of particular importance to the county; … Tim Whitehead stated he and Mike Dorcy support recognizing Gary for his service to Mason County. Comments from Judge Steele are attached to this request. In summary, Judge Steele supports naming Building 10 the Gary Paul Burleson District Court Building. Budget Impact (amount, funding source, budget amendment): Cost of signage Public Outreach (news release, community meeting, etc.): None Requested Action: Place the resolution naming Building 10 the Gary Paul Burleson District Court Building on the December 5 agenda. Attachments: Request from Joe Robertson and Judge Steele’s email November 5, 2023 Diane Zorn Hi Diane, Joe Robertson. I’m writing to you following our brief phone conversation on October 23 regarding Mason County’s Honorary Facility/Park Naming policy. In an effort to be brief as possible let me state my reasoning without a lot of definitive argument. Both Prosecutor Mike Dorcy and Chief Deputy Prosecutor Tim Whitehead are strongly in favor of this recommendation and are willing to testify about this naming suggestion if requested. Both worked with Burleson. Also Mason county facilities manager Kelly Frazier has stated the request seems consistent with the policy purpose. So my request is that building #10 (old Olson furniture building) be named the Gary Paul Burleson Law and Justice Building. This would be to honor Burleson’s extreme commitment and dedication to serving Mason County enforcing our laws and bringing justice to those victims of crimes. Burleson lived in Shelton for 44 years. Worked for Mason County in the Prosecutors office for 37 years (1973-2010). He was elected seven consecutive terms (28 years 1983-2010) as Mason County Prosecutor. In addition to his employment commitment he also served many years in the Shelton Rotary Club volunteering his time and service to the community. Additionally he volunteered with Mason county youth coaching sports. Burleson has to have been employed by the county for as many years as the top 5% tenured employees and he has to be one of the longest serving elected county official. I believe these accomplishments are very consistent with the first sentence under “PURPOSE” for the policy which says, “Establish a county policy for facility naming allowing the opportunity to honor those that have made a significant contribution to the county”. In closing Burleson was a dedicated loyal public servant and liked and respected by those he served. Please Diane, follow through on this request for me and advise of any additional actions needed from me. Joe Robertson, Retired President/CEO Our Community Credit Union 360-426-9625 360-490-1863 joe.robertson10@yahoo.com Lake Limerick citizen From:George Steele To:Diane Zoren; Patsy Robinson Cc:Mark Neary Subject:Re: Building 10 Naming Request Date:Friday, November 17, 2023 8:47:35 AM Speaking just for myself, I have no problems with naming Building 10 after Mr. Burleson. I believe, as long as the plan is still to make it the District Court Building, to name it the Gary Paul Burleson District Court Building. I will comment that coming from another county, where I was a deputy prosecutor, it was refreshing to see an elected prosecutor actually litigate in cases in court. I am of the belief that had I ever had a trial against him, he probably would have handed me my head on a plate, but I would have learned a few things as well. He was also, in my view, a good person. Anyway, these are my two cents worth. Sincerely, George A. Steele From: Diane Zoren Sent: Thursday, November 16, 2023 5:04:47 PM To: George Steele; Patsy Robinson Cc: Mark Neary Subject: Building 10 Naming Request Pursuant to the County’s Honorary Facility Naming Policy – link below – Joe Robertson submitted the attached request to name Building 10 the Gary Paul Burleson Law and Justice Building. This will be briefed on November 27. Feel free to send any comments you may have to our office. Thanks, Diane https://library.municode.com/wa/mason_county/codes/code_of_ordinances? nodeId=TIT2ADPE_CH2.54HOFAPANAPO Diane Zoren Central Services Manager Mason County 360-427-9670 ext. 747 This email may be subject to the Public Records Act