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2024/04/23 - Regular Packet
Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 April 23, 2024 9:00 a.m. April 23.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in -person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in-person, via e-mail at msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (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 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Staff Recognition – Mason County Deputy Public Defenders 4.3 Mental Health Awareness Month Proclamation 4.4 Public Works Week Proclamation 4.5 Eric Johnson Proclamation 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – N/A 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8103333-8103776 $1,160,725.90 Direct Deposit Fund Warrant # 104547-104958 $ 885,081.62 Salary Clearing Fund Warrant # 7007981-7008017 $1,189,367.90 8.2 Approval to accept the amendment with Community Action Council in the amount of $215,000 of the Consolidated Homeless Grant (CHG) #24-46408-20. 8.3 Approval of letters of thanks to the 35th Legislative District Delegation - the Honorable Senator MacEwen, Honorable Representative Couture, and Honorable Representative Griffey, during the last session . 8.4 Approval of a thank you letter to Republic Services for the years of long -haul solid waste transport and disposal services. 8.5 Approval of the Volunteer Policy Resolution . 8.6 Approval of the request of Jesse Ogden for Defense & Indemnification coverage assigned by the County as named defendant in US District Court Case No. 2:22-cv-00636-DGE-DWC. 8.7 Approval to approve of the Resolution declaring Mason County a Sasquatch Protection and Refuge Area. 8.8 Approval of the Interagency Agreement with WA State Noxious Weed Control Board – FY24 Class A and B Designate Noxious Weed Eradication Program and for the Chair to sign the grant questionnaire . 8.9 Approval of Amendment No.1 to Interagency Agreement (Contract No. K4369) between WA State Department of Agriculture and Mason County and its Noxious Control Board for an additional $2,000 . 8.10 Approval for the Commission point of contact, Commissioner Shutty, to sign the Johnson & Johnson Opioid Settlement. 8.11 Approval of the County Road closure of Satsop Cloquallum Road at approximately milepost 5.2 from August 19, 2024 until August 30, 2024 for culvert replacement . 8.12 Approval of a Resolution amending Resolution 2022 -092, increasing grinder pump fees for North Base/Case Inlet and Belfair Sanitary Sewer System. 8.13 Approval of the Health Officer contract with Dr. Steven Krager to provide Health Officer services for Mason County. 8.14 Approval for the Chair to sign Interlocal Agreements for Mason County Public Works Reimbursable Work, Supplies and Services with Central Mason Fire-EMS, West Mason Fire Authority, Hoodsport Fire & EMS, Mason County Fire District 12 and Grapeview School District. 8.15 Approval to reallocate the remaining $50,000 ARPA funds from Mason County Fiber Upgrade to Mason County Sheriff’s Office Command Vehicle upfit. 8.16 Approval of Emergency Housing Fund Amendment B to remove $60,000 of unspent funds from Mason County Admin so a reallocation can be provided to other communities in need. 8.17 Approval to set a Public Hearing for Tuesday, May 21, 20 24 at 9:15 a.m. to consider rezoning west and east portions of parcel 42024-34-90049 to match future use (residential on the west and commercial on the east). 8.18 Approval to amend Resolution 2024-002 – Salary Commission 8.19 Approval of Consolidated Homeless Grant Contract #24 -46108-20 Amendment B for reallocating $215,000 to Community Action Council to pay May and June rent for enrolled households. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Public Hearing to consider changes to Mason County Code Chapter 13 – Utilities and minor updates to Chapters 2, 3 and 17. Staff: Richard Dickinson 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Danielle Thompson Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: April 23, 2024 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: notice of liquor license application for The Hardware Distillery CO. dba Flywheel,cannabis license renewal applications,liquor license renewal applications, special occasion liquor license for North Mason Rotary Club. 4.1.2 Advisory board application received for Housing Authority from Peter J Faire- Laserimko. 4.1.3 Letter sent from Federal Energy Regulatory Commission regarding 2023 EAP updates, Cushman,Nisqually River, Cowlitz River,and Wynoochee Projects. Attachments: Originals on file with the Clerk of the Board. Washington Stale e__( Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 APR 17 2024 Website: bttp://Icb.wa.gov TO:MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION p,,,,.lti. DATE: 4/16/24 UBI:603-138-820-001-0002 License: 436849 -6A County:23 APPLICANTS: Tradename: FLYWHEEL THE HARDWARE DISTILLERY CO. Loc Addr: 24180 N US HIGHWAY 101 STE C MORRIS,JAN MARIE HOODSPORT WA 98548-9482 1952-01-28 MORRIS 11, CHARLES JOHN Mail Addr: PO BOX 129 1950-09-15 HOODSPORT WA 98548-0129 Phone No.: 206-300-0877 JAN MORRIS Privileges Applied For: OFF-SITE SPIRITS TASTING ROOM As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360)664-1724. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8)you MUST attach a Letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CrrY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Washington State Liquor and Cannabis Board p� P 0 BOX 43098 www.liq.wa.gov Fax e: (360) 753-2710 APR 0 9 2024 April 06, 2024 Dear Local Authority: RE: Cannabis License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose cannabis licenseswill expire in abount 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a cannabis license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7)(c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAC 314-55-165) . If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submiti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a Complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director Will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAC 314-55-165 (2) (b) ) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their Cannabis license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order 9onobhei6gatbe1rrdvaawiolfbe Board members have final authority to renew the cannabis license and will enter a final 5) Procedure if Board Renews License Over Your Oblection (WAC 314-55-165 (2) (a)) If the Board decides to renew the license over your objection, you will be notified in Writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law .judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the cannabis license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at localauthority@sp.lcb.wa..gov. Sincerely, Rebecca Smith Rebecca Smith, Director, , Licensing and Regulation Division LIO 864 07/10 ' C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 04/06/2024 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20240930 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 . SQUAXIN ISLAND TRIBE SQUAXIN MJ TRIBAL COMPACT-NATIVE SUN GROWN 420279 TRIBAL COMPACT 90 W ST HWY 108 SHELTON WA 98584 0000 ift Washington State � ��,���p Liquor and Cannabis Board PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax N: (360) 753-2710 APR 092�02l4a. April 06, 2024 e4mt Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authoriZed by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-dlsclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24,010 (8) (d) . If the licensee maKes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Oblection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at localauthority@sp.lcb.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIO 864 07110 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 04/06/2024 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20240731 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 . LOPEZ LEPER LLC EL SOMBRERO 085066 SPIRITS/BR/WN REST SERVICE BAR 23969 NE STATE ROUTE 3 BELFAIR WA 98528 9699 2 . KUGLER, DANA SOANN MADDY'S OLD TOWN FLOWERS 430246 BEER/WINE GIFT DELIVERY 23781 RE STATE ROUTE 3 41O1A BEER/WINE GIFT DELIVERY BELFAIR WA 98528 9814 3 . LAKE CUSHMAN MAINTENANCE CO LAKE CUSHMAN GOLF COURSE 071806 BEER/WINE REST - BEER/WINE 210 FAIRWAY DR N OFF PREMISES HOODSPORT WA 98548 3630 4 . THE TIDES RESTAURANT LLC THE TIDES RESTAURANT 081188 SPIRITS/BR/WN REST SERVICE BAR 27061 N US HIGHWAY 101 SPIRITS/BR/WN REST SERVICE BAR HOODSPORT WA 98548 9620 5 . SQUAXIN ISLAND TRIBE SQUAXIN MEMORANDUM OF AGREEMENT 079258 TRIBAL MOA 91 W HWY 108 SHELTON WA 98584 0000 6 . TKBAN, INC. UNION CHEVRON 078250. GROCERY STORE - BEER/WINE 1031 E MCREAVY RD UNION WA 98592 9604 URGENT WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 1025 UNION AVE SE - P O Box 43075 Olympia WA 98504-3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS APRIL 5, 2024 SPECIAL OCCASION #: 090508 NORTH MASON ROTARY CLUB PO BOX 321 ALLYN, WA 98524 DATE: APRIL 20, 2024 TIME: 4:00 PM TO 11:00 PM PLACE: HUB SENIOR CENTER - 111 NE OLD BELFAIR HWY, BELFAIR CONTACT: KATIE LADNER (DOB: 12.28.1971) 360-710-4554 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES_ NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. /S Cary �1Ai DA SIGNATU OF YOR, CITY MANAGER, COUNTY OMMISSIONERS OR DESIGNEE *LESS THAN 20 DAYS. PLEASE EMAIL SPECIALOCCASIONS@LCB.WA.GOV* seo" °pota� teAPc� MASON COUNTY COMIVMSSIONERS APR 1 2024 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext 419;275.4467 or 482-5269 1854 IAM SEEKING APPOINTMENT TO 4�c✓ iT KcllsL aF Di NAME: FAir - LA S r rZ J ADDRESS: WORK . - -----_ __-------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) ScpI� VS-. CTNITIES ORMEMBERSHIPSI � 1`70 .JV)¢il.�n V S 3 o�E'�c�. (VIa�A�✓ COMPANY: ` Sf�S Cv-�ifnciur / D YRS d POSITION; c WCLDe� l G�nl Foos er A�J4iAJ) Am«.c,r [,-S•o.+ P-0-3/ COMPANY: UfN /`t. YRS Vi cF C ;r S M (p CQn .ia POSITION: £-C L -'--------------------------------------------- ----- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: To OvtrS:, oP -A.. /-/c,,r,4 44— �h,rry ) Lerc! im-Jr, C` M'30 O'c-i Cc.g4" y C'-\t CeC 4a.a i1.•nC Gnit 4c al-C �/awZa. �s Arm 71r� What interests, skills do you wish to offer the Board,Committee,or Council? %u i7 7k � J7dfri- AC // CY:.n�ji Len- Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? of Realistically,how much time can you give to this position? Quarterly MordhN Weekly Daly Office Use Ooly Appointment Date ' Dale Tenn Expire Date FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections—Portland Regional Office 1201 NE Lloyd Blvd, Suite 750 Portland, Oregon 97232 (503) 552-2700 3/27/2024 In reply refer to: P-460, P-1862, P-2016, P- � 6842 VIA Electronic Mail APR 0 5 2024 Mr. Chris Mattson 1vta6C-* Generation Manager Tacoma Public Utilities cmattson(d,)ci.tacoma.wa.us Subject: 2023 EAP Updates, Cushman, Nisqually River, Cowlitz River, and Wynoochee Projects Dear Mr. Mattson: This letter is to acknowledge Mr. Paul Lennemann's December 15, 2023 letters transmitting the revised Emergency Action Plans (EAPs) for the Cushman, Nisqually River, Cowlitz River, and Wynoochee Projects, FERC Nos. 460, 1862, 2016, and 6842, respectively. We have reviewed the information provided and have no comments. Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact your FERC project engineer at this office: Cushman and Wynoochee Projects Mr. Daniel Klein 503 552-2707 Nisqually River Project Ms. Kelci Welty 503 552-2728 Cowlitz River Project Mr. Christopher Humphrey 503 552-2711 Sincerely. Digitally signed by KAT H L E E N KATHLEEN CLARKSON CLARKSON Date.2024.03.27 13:01:05-07'00' Douglas L. Johnson, P.E. Regional Engineer 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): 4/15/24 Agenda Date: 4/23/24 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: Staff recognition to Ron Sergi and Rose Broughton Background/Executive Summary: Both Ron and Rose have received the Washington Defender Association President’s Award. Ron has been employed by Mason County as a deputy Public Defender since the creation of the Public Defense Office in 2014. There isn't one single thing that he did to win his award, but rather a consistent dedication to serving his clients. He has now stepped back into Therapeutic Courts, and was instrumental in founding our Veteran's Court. He's the guy who has really set the standard for everyone else in the office to live up to. Ron is absolutely the rock that the rest of our excellence is built around. Rose is a more recent employee--she has been licensed by the bar since 2020. She started as a contract public defender with Sound Defenders and she came to Mason County in 2021. Rose has constantly demonstrated the willingness to go the extra mile for her clients. She has not lost the last 17 jury trials she has done. This is an unspeakable record-- anything above a 30% win rate is considered excellent for a PD office. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Present Green Star Award and Certificate of Appreciation to Ron and Rose Attachments: None Proclamation Mental Health Awareness Month May 2024 WHEREAS,Mental Health Month has been observed since 1949 to raise awareness of mental health conditions and the importance of mental health; and, WHEREAS, we are all affected by mental health. And one in five Washingtonians experience mental health conditions or substance use disorders, or both each year; and, WHEREAS, 50% of all people with mental health conditions experience them by age 14, and 74% by age 24; and, WHEREAS, increased focus on the prevention of mental health conditions and substance use disorders among children and adolescents through screening and early intervention helps improve lives; and, WHEREAS, people with lived experience of mental illness and/or substance use disorders get better, live in recovery,and provide invaluable knowledge of how to improve and transform systems of care; and, WHEREAS,greater trauma informed care and peer support services are needed to support and facilitate recovery; and, WHEREAS, the stigma against mental health conditions remains one of the greatest barriers to improving the lives of all Washingtonians through better mental health; and, WHEREAS, Washington is dedicated to becoming the healthiest state in the nation by ending stigma and focusing on the integrated role of mental health in all our lives; and, NOW,THEREFORE,BE IT RESOLVED,that the Board of Mason County Commissioners hereby proclaims May 2024 as Mental Health Awareness Month in Mason County to highlight the critical role of the County in providing crucial behavioral health services and resources to its residents and to commit to partner with community members to ensure that all mental health services are accessible,valuable,and culturally appropriate for all residents. Signed this day of April 23,2024. Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commissioner DfP``'WORhs V � l NATIONAL PUBLIC WORKS WEEK '10 , 1 National Public Works Week Proclamation May 19-25, 2024 "Advancing Quality of Life For All" WHEREAS, public works professionals focus on infrastructure,facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well- being of the people of Mason County and, WHEREAS,these infrastructure,facilities and services could not be provided without the dedicated efforts of public works professionals,who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation's transportation,water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in Mason County to gain knowledge of and to maintain a progressive interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS,the year 2024 marks the 64t" annual National Public Works Week sponsored by the American Public Works Association, NOW THEREFORE RESOLVED,that the Board of Mason County Commissioners hereby designate the week May 19—25, 2024 as "National Public Works Week" And urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. DONE IN OPEN SESSION on this day of , 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin, Chair Kevin Shutty,Vice Chair Sharon Trask, Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Danielle Thompson Ext.419 Department: Support Services Briefing: ❑ Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): Click or tap here to enter text. Agenda Date: April 23,2024 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• Approval of Warrants&Treasurer Electronic Remittances Claims Clearing Fund Warrant#8103333-8103776 $1,160,725.90 Direct Deposit Fund Warrant# 104547-104958 $ 885,081.62 Salary Clearing Fund Warrant#7007981-7008017 $1,189,367.90 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a)requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $21,841,945.98 Direct Deposit YTD total $ 7,452,696.97 Salary Clearing YTD total $ 7,465,289.97 Requested Action: Approval of the aforementioned Claims Clearing Fund,Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachments: Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: David Windom(on behalf of Todd Parker) Ext.260 Department: Public Health Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 4/8/24 Agenda Date: Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology © Other (This is the responsibility of the requesting Department)RISK 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: Consolidated Homeless Grant Contract#24-46108-20 Background/Executive Summary: The Department of Commerce is re-allocating FY24 unspent funds in the Housing and Essential Needs budget category based on community need. Community Action Council has requested$215,000 to pay May and June rent for enrolled households. Budget Impact(amount,funding source,budget amendment): No impact to the General Fund. Public Outreach(news release,community meeting,etc.): Original RFP released in 2023. Requested Action: Move to action agenda to accept the amendment from Commerce and approve the amendment with Community Action Council. Attachments: The Department of Commerce Contract#24-46108-20 Amendment B Contract Between Mason County and Community Action Council Professional Services Contract#23-048 Amendment# 1 IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUND SOURCE: Consolidated Homeless Grant 2. AMENDMENT TERM: March 1, 2024, through June 30, 2024 3. TOTAL ADDITIONAL FY24 AWARD: Budget Category Current Amount Amended Amount Total New Budget HEN Admin 2024 $45,262 0 $45,262 HEN Rent/Fac Support 2024 $1,032,190 $215,000 $1,247,190 HEN Operations 2024 $173,130 0 $$173,130 4. INVOICE: Reimbursable expenses and back-up documentation must be included with each invoice. Invoices are due by the 15th of each month. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 2024. CONTRACTOR MASON COUNTY 1ESarah-Mirandairanda Randy Neatherlin, Chair CFO, Interim Executive Director Mason County Board of County Commissioners 1 DocuSign Envelope ID:6CC65FF8-C39D-414E-AAD1-F469B8593E50 ..,mendment Washington Stale Contract Number: 24-46108-20 Department of Commerce Amendment:B Washington State Department of Commerce Housing Division Homelessness Assistance Unit Consolidated Homeless Grant(CHG) 1.Grantee 2.Contractor Doing Business As(optional) Mason County 415 N. 6th St. Shelton, WA 98584 3.Contractor Representative 4.COMMERCE Representative Melissa Casey Tia Stoner PO Box 42525 Community Health Manager Contract Manager 1011 Plum St SE (360)427-9670 (360)725-5060 Olympia,WA 98504-2525 Tia.Stoner@commerce.wa.gov mcasey@masoncountywa.gov 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $4,826,431.20 $215,000.00 $5,041,431.20 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: State:X Other: N/A: March 1,2024 June 30,2024 11.Federal Funds(as applicable): Federal Agency: CFDA Number: N/A N/A N/A 12.Amendment Purpose: Award additional HEN funding in order to continue to serve current households. COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: CHG Guidelines(as they may be revised from time to time),and Contract Terms and Conditions including Attachment"A"—Scope of Work,Attachment`B"—Budget. A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract"shall mean the"Contract as Amended". FOR GRANTEE FOR COMMERCE Randy Neatherlin,Chair,Board of Commissioners Corina Grigoras,Assistant Director Housing Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Department of Commerce DocuSign Envelope ID:6CC65FF8-C39D-414E-AAD1-F469B8593E50 Amendment This Contract is amended as follows: Attachment B Budget Budget Category Current Grant Amendment A New Total Amount (and any previous amendments and revisions CHG Standard Admin $72,482.00 $0 $72,482.00 Rent $350,735.00 $0 $350,735.00 PSH CHF PSH CHF Rent/Fac Support $60,000.00 $0 $60,000.00 HEN SFY 2024 HEN Admin 2024 $90,723.00 $0 $90,723.00 HEN Rent/Fac Support 2024 $1,032,190.00 $215,000.00 $1,247,190.00 HEN Operations 2024 $173,130.00 $0 $173,130.00 HEN SFY 2025 HEN Admin 2025 $90,723.00 $0 $90,723.00 HEN Rent/Fac Support 2025 $1,032,190.00 $0 $1,032,190.00 HEN Operations 2025 $173,130.00 $0 $173,130.00 Eviction Prevention SFY 23,24,and 25) Eviction Prevention Admin $167,418.61 $0 $167,418.61 Eviction Prevention Rent $361,213.59 $0 $361,213.59 Eviction Prevention Operations $347,920.00 $0 $347,920.00 HEN FCS Bride SFY 2024 HEN FCS Bridge Admin 2024 $2,577.00 $0 $2,577.00 HEN FCS Bridge Rent 2024 $59,277.00 $0 $59,277.00 HEN FCS Bridge Operations 2024 $11,782.00 $0 $11,782.00 HEN FCS Bride SFY 2025 HEN FCS Bridge Admin 2025 $2,577.00 $0 $2,577.00 HEN FCS Bridge Rent 2025 $59,277.00 $0 $59,277.00 HEN FCS Bridge Operations 2025 $11,782.00 $0 $11,782.00 Inflation Increase SFY 2024 and SFY 2025 Inflation Increase 2024 $276,848.00 $0 $276,848.00 Inflationary Costs 2025 $276,848.00 $0 $276,848.00 Local Document Recordin Fees Support SFY 2024 and SFY 2025 Local DRF Support 2024 $86,804.00 $0 $86,804.00 Local DRF Support 2025 $86,804.00 $0 $86,804.00 TOTAL $4,826,431.20 $215,000.00 $5,041,431.20 ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT 2 CWO Mason County Agenda Request Form To: Board of Mason County Commissioners From: Loretta Swanson,Director Ext. 7lick or tap here to enter text. Department: Public Works Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 8,2024 Agenda Date: April 23,2024 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• Letter of Thanks to the 35th Legislative District Delegation Back2round/Executive Summary: Mason County wishes to recognize the tremendous understanding of local issues and support from the Honorable Senator MacEwen,Honorable Representative Couture, and Honorable Representative Griffey during the last session. Budget Impact Approximately$1,800,000 in new capital budget programming for wastewater and water systems, and identifying$1,000,000 in future biennium for transportation improvements associated with the SR 3 Freight Corridor. Public Outreach N/A Requested Action: Approval of a thank you letter to the 351h Legislative District Delegation. Attachments: 1. Letter April 23,2024 ASpN coU�� Honorable Travis Couture, 35'Legislative District 404 John L O'Brien Building Olympia,WA 98504 1854 Re: Mason County Legislative Requests Dear Representative Couture, MASON COUNTY Mason County expresses our sincere thanks for supporting our Legislative requests during this short session. We appreciate the time you shared with us both prior and during the session to BOARD discuss local issues and priorities. OF COMMISSIONERS 2023-25 Capital Budget—2024 Supplemental Your prior investments in the Belfair Water Reclamation Facility along with our local initiatives have quickly turned the dial from seeking new customers to planning for plant expansion. $3,000,000 enables us to plan for plant and reclaimed water disposal in a timely manner and 1 sT District continue our regional coordination with the City of Bremerton. RANDY NEATHERLIN $353,000 for our small water and sewer utilities will also assist in making essential small capital 2°d District improvements,while meeting our goal of maintaining ratepayer affordability. KEVIN SHUTTY Thanks to your prior allocation of$1,030,000 we have secured architectural and engineering 3'District services for the Mason County Community Justice Center and anticipate completion of a pre- SHARON TRASK design study in August of this year. 2023-25 Transportation Budget—2024 Supplemental We are excited to see the SR 3 Freight Corridor project moving in a timely manner and the Mason County Building 1 addition of$1,000,000 for the Romance Hill and Log Yard Connectors in Local Programs. We appreciate the$2,000,000 to improve Highway 101 safety between Highway 101 intersections 411 North Fifth Street with Wallace Kneeland and SR 3 and urge WSDOT to make these improvements before more fatal and serious injuries occur. Shelton,WA 98584-3400 Other (360)427-9670 ext.419 We appreciate the support for SB 5780.Counties across the state are struggling to fill vacancies for attorneys in our Prosecutors Offices and Public Defense departments. Assistance from the state to create a law student rural defense and prosecution program will allow law students to Fax(360)427-8437 gain experience in criminal law and provide the monetary support to these students to work an internship role. We are hopeful the program will result in future attorneys wanting to come work in Mason County. SHB 2296 extending the deadline to review and revise our comprehensive plans from June 30, 2025 to December 31,2025 will provide us the necessary time to provide a thorough update. And while funding did not materialize for utility relocation for fish barrier removal projects,we appreciate your understanding and willingness to advance the issue. We look forward to further efforts during the next session. Thank you! Sincerely, Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commissioner April 23,2024 ASpN coU�� Honorable Dan Griffey, 35�1 Legislative District 403 John L O'Brien Building Olympia,WA 98504 1854 Re: Mason County Legislative Requests Dear Representative Griffey, MASON COUNTY Mason County expresses our sincere thanks for supporting our Legislative requests during this short session. We appreciate the time you shared with us both prior and during the session to BOARD discuss local issues and priorities. OF COMMISSIONERS 2023-25 Capital Budget—2024 Supplemental Your prior investments in the Belfair Water Reclamation Facility along with our local initiatives have quickly turned the dial from seeking new customers to planning for plant expansion. $3,000,000 enables us to plan for plant and reclaimed water disposal in a timely manner and 1 sT District continue our regional coordination with the City of Bremerton. RANDY NEATHERLIN $353,000 for our small water and sewer utilities will also assist in making essential small capital 2°d District improvements,while meeting our goal of maintaining ratepayer affordability. KEVIN SHUTTY Thanks to your prior allocation of$1,030,000 we have secured architectural and engineering 3'District services for the Mason County Community Justice Center and anticipate completion of a pre- SHARON TRASK design study in August of this year. 2023-25 Transportation Budget—2024 Supplemental We are excited to see the SR 3 Freight Corridor project moving in a timely manner and the Mason County Building 1 addition of$1,000,000 for the Romance Hill and Log Yard Connectors in Local Programs. We appreciate the$2,000,000 to improve Highway 101 safety between Highway 101 intersections 411 North Fifth Street with Wallace Kneeland and SR 3 and urge WSDOT to make these improvements before more fatal and serious injuries occur. Shelton,WA 98584-3400 Other (360)427-9670 ext.419 We appreciate the support for SB 5780.Counties across the state are struggling to fill vacancies for attorneys in our Prosecutors Offices and Public Defense departments. Assistance from the state to create a law student rural defense and prosecution program will allow law students to Fax(360)427-8437 gain experience in criminal law and provide the monetary support to these students to work an internship role. We are hopeful the program will result in future attorneys wanting to come work in Mason County. SHB 2296 extending the deadline to review and revise our comprehensive plans from June 30, 2025 to December 31,2025 will provide us the necessary time to provide a thorough update. And while funding did not materialize for utility relocation for fish barrier removal projects,we appreciate your understanding and willingness to advance the issue. We look forward to further efforts during the next session. Thank you! Sincerely, Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commissioner April 23,2024 ASpN coU�� Honorable Drew MacEwen,35'Legislative District 115 Legislative Modular Building PO Box 40435 Olympia,WA 98504 1854 Re: Mason County Legislative Requests Dear Senator MacEwen, MASON COUNTY Mason County expresses our sincere thanks for supporting our Legislative requests during this BOARD short session. We appreciate the time you shared with us both prior and during the session to OF discuss local issues and priorities. COMMISSIONERS 2023-25 Capital Budget—2024 Supplemental Your prior investments in the Belfair Water Reclamation Facility along with our local initiatives have quickly turned the dial from seeking new customers to planning for plant expansion. 1sT District $3,000,000 enables us to plan for plant and reclaimed water disposal in a timely manner and RANDY NEATHERLIN continue our regional coordination with the City of Bremerton. 2°d District $353,000 for our small water and sewer utilities will also assist in making essential small capital KEVIN SHUTTY improvements,while meeting our goal of maintaining ratepayer affordability. 3'District Thanks to your prior allocation of$1,030,000 we have secured architectural and engineering SHARON TRASK services for the Mason County Community Justice Center and anticipate completion of a pre- design study in August of this year. 2023-25 Transportation Budget—2024 Supplemental Mason County Building 1 We are excited to see the SR 3 Freight Corridor project moving in a timely manner and the addition of$1,000,000 for the Romance Hill and Log Yard Connectors in Local Programs. We 411 North Fifth Street appreciate the$2,000,000 to improve Highway 101 safety between Highway 101 intersections with Wallace Kneeland and SR 3 and urge WSDOT to make these improvements before more Shelton,WA 98584-3400 fatal and serious injuries occur. (360)427-9670 ext.419 Other We appreciate the support for SB 5780.Counties across the state are struggling to fill vacancies for attorneys in our Prosecutors Offices and Public Defense departments. Assistance from the Fax(360)427-8437 state to create a law student rural defense and prosecution program will allow law students to gain experience in criminal law and provide the monetary support to these students to work an internship role. We are hopeful the program will result in future attorneys wanting to come work in Mason County. SHB 2296 extending the deadline to review and revise our comprehensive plans from June 30, 2025 to December 31,2025 will provide us the necessary time to provide a thorough update. And while funding did not materialize for utility relocation for fish barrier removal projects,we appreciate your understanding and willingness to advance the issue. We look forward to further efforts during the next session. Thank you! Sincerely, Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commissioner CWO Mason County Agenda Request Form To: Board of Mason County Commissioners From: Loretta Swanson,Director Ext. 7lick or tap here to enter text. Department: Public Works Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 8,2024 Agenda Date: April 23,2024 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• Letter of Recognition to Republic Services for Solid Waste Services Back2round/Executive Summary: Mason County wishes to recognize Republic Services for over 30 years of exceptional solid waste transport and disposal services provided to our community.A letter is attached. BudMet Impact(amount, funding source,budget amendment): N/A Public Outreach (news release, community meeting,etc.): N/A Requested Action: Approval of a thank you letter to Republic Services for the years of long-haul solid waste transport and disposal services they provide to Mason County. Attachments: 1. Letter Mr. Steve Gilmore ASpN coU Municipal Relationship Manager 4160 6t'Avenue SE, Suite 204 Lacey,WA 98503 -- = April 23,2024 1854 Dear Steve, We extend our sincere thanks for over 30 years of outstanding service to Mason County MASON COUNTY in the solid waste industry. Our recent RFP and direct negotiation processes for solid BOARD waste transport and disposal services gave us a much finer appreciation of all things solid OF waste: the regulatory,legal, financial, logistic and policy complexities. And as a result, we have a much deeper appreciation for your partnership. COMMISSIONERS Regional Disposal Company(RDC)was with us when Mason County stopped accepting waste at the Eells Hill landfill in 1993 and became a transfer station. Landfill records 1 ST District from that time indicate approximately 28,000 tons per year were accepted, of which 5— RANDY NEATHERLIN 10%was demolition waste. The 1992 county population was around 40,700. Fast forward to 2022 and the population is around 68,200 and 49,680 tons of Municipal Solid 2°d District Waste was generated,transported via over 1900 full rail cars and disposed of responsibly. KEVIN SHUTTY Less than one year after executing the contract, RDC paid for modifications at the transfer 3'District station to accommodate transport by rail,which at the time resulted in an overall lower SHARON TRASK cost to the County. Five years later,RDC agreed to provide at no charge or compensation transport and disposal services any four days,and up to three days in the event of the Governor declaring a Mason County disaster event. And in 2012 RDC and the County executed an addendum addressing the installation of scales and modifying the base unit Mason County Building 1 price compensation. 411 North Fifth Street You've been responsive to solid waste disposal rate stabilization and local initiatives. You have been proactive in addressing potential short-and long-term threats to logistics. You Shelton,WA 98584-3400 provide forward-thinking expertise. In short,a great partner. (360)427-9670 ext.419 Again,please accept our sincere thanks and extend them to all your team and partners who have served us well over the past 30 plus years. Fax(360)427-8437 Sincerely, Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice-Chair Commissioner Cc: Ryan Lawler Area President Republic Services 8343 154`"Ave,NE,Ste 110 Redmond,WA 98052 Tom Rupert District Manager Mason County Garbage Evan Brady Brady Trucking C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mary Ransier Ext.422 Department: Human Resources Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 4/8/2024 Agenda Date: 4/23/2024 Internal Review: ❑ Finance ❑X 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• Volunteer Policy Background/Executive Summary: Mason County has great volunteer participation from the community in different departments. Implementing a Volunteer Policy will help create consistency county-wide and ensure this valuable resource is streamlined and efficient. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach(news release,community meeting,etc.): N/A Requested Action: Approve the Volunteer Policy Resolution on the 4/23 action agenda. Attachments: Volunteer Policy Resolution co 1854 MASON COUNTY VOLUNTEER POLICY EFFECTIVE 3.2024 INTRODUCTION Through the support, leadership, and dedication of department heads and elected officials, County volunteers have come to play a vital role in the enhancement of public services. Being a volunteer is a great way to connect people with opportunities to serve our County and form meaningful partnerships. Countless volunteers currently invest their time, energy, skills, and talent to help us run more efficiently. Volunteering is one of the greatest forms of civic engagement and we appreciate the volunteers who donate their time without compensation. Administration of volunteer assignments are decentralized; and the departmental volunteer programs vary considerably in size, scope, services, complexity, and practice. Volunteer opportunities can range from one-time events to long-term volunteer opportunities. This policy is designed to apply effective management principles to guide activities and tasks common to all departments and identifies areas that each department volunteer designee must address. PURPOSE The purpose of this policy is to establish the necessary organizational, operational, and administrative procedures needed for the effective operation of managing volunteers in Mason County. This policy will provide guidance to Department Heads, Elected Officials, or designee to ensure information flows smoothly and efficiently. DEFINITION RCW 51.12.035 A "volunteer" shall mean a person who performs any assigned or authorized duties for the state or any agency thereof, except emergency services workers as described by chapter 38.52 RCW, brought about by one's own free choice, receives no wages, and is registered and accepted as a volunteer by the state or any agency thereof, prior to the occurrence of the injury or the contraction of an occupational disease, for the purpose of engaging in authorized volunteer service: PROVIDED, That such person shall be deemed to be a volunteer although they may be granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties. ASSIGNMENT AND VOLUNTEER TYPES County EmployeeF Current employees may volunteer their services to the County if and when the work they perform as a volunteer is outside their regular job duties. Timesheets which are maintained for volunteer employees will verify that the unpaid volunteer hours were outside of their normally scheduled workday. Emergency ResponsL Activated or servicing during an emergency or disaster volunteers will be required to work within the framework of the National Incident Management System (NIMS) and the State Emergency Management System (SEMS). For NIMS Training refer to Department of Emergency Management. Spontaneous/Unaffiliated Individual who comes forward following a disaster to assist with disaster related activities during the response or recovery phase. These volunteers are not affiliated with a response or relief agency and are not pre-registered with an accredited disaster council and have not been pre-trained. On-Going Assignments Volunteers placed in an on-going assignment or assignments without a definite end date must complete the volunteer Mason County on-going application (Appendix C), background check prior to placement, orientation, and training. Volunteers placed in on-going assignments will be entered into the County's financial system, MUNIS. One-Time Event Assignments A number of volunteer projects call for one-time-only volunteers, and for these projects/events it is not required to complete a full volunteer application form. For one-time events volunteers must sign the one-time-event form (Appendix B). In the event that a one-time volunteer ends up volunteering more than three (3) times annually then Mason County will require an on-going volunteer application be completed. RIGHTS AND RESPONSIBILITIES Volunteer Rights and Responsibilities Volunteers shall be extended the right to: • Receive and review a clear departmental volunteer position description • Receive orientation, training, and effective supervision • Receive feedback on performance • Receive formal and informal recognition for accomplishments • Resign from volunteer services Volunteers shall be responsible for: • Adhering to the rules, regulations, policies and procedures of the County • Regular, reliable and punctual attendance • Attending orientation, trainings, and review the required policies and procedures • Maintaining professionalism and confidentiality • Consulting the supervisor before assuming any new assignments • Exercising good judgment and safety practices • Completing accurate timesheets of the volunteer hours served when applicable Responsibility of the County To recognize the importance of volunteers and the mission of Mason County, the County is responsible for: • Ensuring volunteers receive adequate orientation and training to prepare for a successful and safe service experience • Providing a clear and consistent volunteer position description • Maintain accurate records of service • Adhering to the Fair Labor Standards Act which states "public sector employers may not allow their employees to volunteer, without compensation, additional time to do the same work for which they are employed." • Conducting a preplacement background check per RCW 28A.400.303 • Requiring volunteers to be 18 years of age or older Department Head/Elected Official or designee responsibilities: • Recruit and retain volunteers with the assistance of Human Resources • Create and update departmental volunteer position descriptions • The preparation of the volunteer's work, including proper supervision, supplies and workspace • Informing and ensuring that volunteers comply with the policies, procedures, rules, regulations, and applicable laws • Familiarize themselves with the safety and health hazards towhich volunteers under their immediate direction and control may be exposed • Ensuring HR has all volunteer information and files (i.e. safety records, certificates, applications, backgrounding information, any and all other confidential information) • Maintain accurate attendance records, supplying financial services/payroll the required information on a semi-monthly basis including one time volunteers. • Give appropriate feedback to the volunteer • Ensure a safe working environment • Relieving volunteers of their duties with the County when assignments are complete or when necessary RFrRIIITMFNT Amn RFTFNTInN Volunteers may be recruited either through an interest in a specific function or through a general interest in volunteering. The County prohibits the replacement of a County employee by a volunteer. Mason County volunteer application can be found at: www.masoncountywa.gov bacKgrounc) UnecKS Each volunteer signs a release authorizing the County to conduct a background check when applying for the position (Appendix A). A background check shall be completed on all volunteers applying for an on-going assignment, volunteers participating in a one-time event may be applicable. Some duties require a more extensive criminal background investigation. The final decision regarding placement of a volunteer is made after results from the background check are complete. If there is a delay, contact should be maintained with the volunteer, to keep them informed of the status of the placement process. Position Description The volunteer position description for on-going assignments must provide the volunteer with expectations, obligations, essential functions, duties, the department, time commitment, minimum and preferred qualifications, and working conditions. In all cases, departments must communicate the information in position descriptions to individual volunteers. Volunteers in turn must understand, agree, and sign with what they are volunteering to do. Documentation, Files, and Identification Badq Human Resources shall be responsible for the oversight of the official volunteer file and the issuance of identification badges, with the exception of specific DEM Programs. Volunteers shall only be provided identification badges; volunteers are prohibited from the assignment of county keys and department access. Upon completion of the assignment or when the volunteer services are no longer needed, the department head or designee shall send all documents, files and volunteer badge to Human Resources for retention and destruction. HR shall then send the departing volunteer an exit interview. ORIENTATION AND TRAINING The volunteer must gain an understanding of their role in the department and of the roles of others in their work environment. Once volunteers are selected and the background check is successfully completed, volunteers must meet with Human Resources to complete onboarding. Each department is responsible for the department specific training of the volunteers either through a formal training session or through on-the-job training. Safety Training Volunteers must comply with the same safety training requirements per Mason County's Accident Prevention Program and Safety Policy and all other applicable policies and procedures. Examples of trainings include, but are not limited to: • GB Risk Control - Driving Series • Harassment and Discrimination • Slip, Trip and Fall • Safe Lifting • Bloodborne Pathogens • FEMA — 100, 700 and 907 • CPR/First Aid/AED Defensive Driving Training If the volunteer's scope of duties includes driving, they must complete the required trainings, per the Mason County Vehicle Use Policy prior to performing assignment. ELECTRONIC INFORMATION ACCEPTABLE USE POLICY Mason County provides a communications and data network capable of offering Electronic Mail (e-mail), Voice Mail, Internet access, data storage and data processing to employees to assist and facilitate legitimate Mason County business operations. Mason County information and information resources shall be used in an approved, lawful manner to avoid loss or liability to Mason County and/ or loss of public confidence in the operation of Mason County. Volunteers must comply with the same e-mail and cell phone rules per Mason County Personnel Policy Section 15. PUBLIC RECORDS Volunteers must comply with the Mason County Public Records Policy listed on the Mason County website. Training video completed at orientation. INSURANCE COVERAGE FOR VOLUNTEERS Industrial and Liability Insurance All on-going volunteer hours for registered activities must be reported. The Auditor's Office will report volunteer hours to the Department of Labor and Industries; whereby, if an injury occurs while performing registered volunteer work, the volunteer may have medical only coverage. A volunteer is NOT covered for loss of employment time due to injury or illness, nor for a lasting disability or death. If a volunteer suffers an injury while performing registered volunteer activities, the volunteer must report the injury, regardless of severity, to the Department Head or designee immediately, and fill out the Mason County Injury/Illness form and submit to the Department Head or designee. The form can be obtained through the Department Head or designee, or found on the County's Human Resources webpage, Mason County Injury/Illness Form. Registered volunteers doing work that is approved by Mason County are considered part of the Mason County's self-insured liability program. A volunteer is acting as an agent of Mason County while volunteering. Therefore, when a volunteer is acting within the accepted limits and scope of the assigned duties/responsibilities, Mason County may assume responsibility for liability claims that may be filed. Any claim resulting from criminal activity on a volunteer's part will not be covered by Mason County. Mason County is not responsible for a volunteer's personal belongings/property. It is recommended that all volunteers carry insurance to cover damage to person belongings or property at the volunteer's own expense. Personal tools and equipment should not be used to perform volunteer duties. In addition, Mason County's tools are not intended for personal use. Vehicle Insurance Vehicle Insurance requirements are subject to the Mason County Vehicle Use Policy for any volunteer who is required to drive as part of their assignment. It is not recommended that a volunteer use their personal equipment/vehicle to perform volunteer duties. If the volunteer chooses to do so, the County is not responsible for damage, replacement or repair to such equipment. OTHER INFORMATION Mason County Policies Appendix A— Release Form for background check Appendix B — One-Time Event and Liability Waiver Appendix C — On-Going Volunteer Application 5 Appendix A lASS RELEASE OF INFORMATION BACKGROUND CHECK AUTHORIZATION I, the undersigned, grant permission for Mason County to conduct a criminal background check through Washington State Patrol or other background check agency, as a condition of my employment or volunteer status. understand that my employment or volunteer status is contingent of the information provided in the background check. Applicant/Volunteer Name: Date of Birth: Driver's License Number: Driver's License Issuing State: Driver's License Expiration Date: Applicant/Volunteer Signature: Date: Appendix B ONE-TIME ACTIVITY / EVENT VOLUNTEER APPLICATION • Complete the application thoroughly. Applications that are incomplete will not be accepted. • Sign and date where applicable. Original signature is required. • Keep a copy of your application and any attachments because what you submit will not be returned. • No one under the age of 18 is permitted to volunteer for Mason County. GENERAL INFORMATION Name (First, Middle Initial, Last): List prior names known by: Residence Address: City, State, Zip: CPR: Y N Primary Contact Phone: First Aid: Y N AED: Y N Are you over 18 years of age: Y N EMERGENCY CONTACT Name: Relationship: Address: City, State, Zip: Phone: (Cell) (Home): 7 As required by RCW 43.43.830-840, we require you to complete a criminal background check. This information will be kept confidential. You are required to complete and submit a Background Check Authorization Form (Appendix A in Volunteer Policy) This form will not be processed if you have not completed the Authorization Form. AGREEMENTS County shall provide Volunteer with the opportunity to perform a public service by providing assistance to the Department of in the capacity/position of Volunteers are not considered to be Mason County employees for any purpose. Volunteer agrees to perform the volunteer service as provided for in this agreement with direction and supervision from Mason County and in compliance with all applicable rules, regulations and laws. Volunteer agrees to submit a complete and accurate record of all time spent in volunteer service, including date of service and position held in accordance with Volunteer Policy. 1. The undersigned, hereby agrees to defend, indemnify and hold harmless Mason County, as well as its officers, agents, sponsors, volunteers and employees, of and from any and all loss, damages, claims, suits, expenses, attorney's fees, actions or liabilities for injury or death or any person, or for loss or damage to property, which arises out of participation in this activity, except only such injury or damage as shall have been occasioned by the sole negligence of Mason County. Volunteer certifies that they have taken all necessary precautions to be certain that they are in proper condition, and states that they are in proper condition to participate in the above-described duties. Volunteer agrees to report the hours worked to the on-site supervisor prior to leaving the work location. Selection and dismissal as a volunteer are at the discretion of the Elected Official or designee and may be with or without cause. No property rights are created by volunteering for Mason County. I certify under penalty of perjury that the above information is true, correct, and complete. I understand that if I am selected, I can be discharged for any misrepresentation or omission in the above statement. Volunteer Signature: Date: • One-day volunteers are not allowed to drive County vehicles. • A one-day volunteer must be supervised by a County Employee. • Prior to initiating work, the volunteer must complete and submit a volunteer application. • This application is to be reviewed by the on-site supervisor prior to start of work. • Completed applications are required to be turned into HR the next business day following the work project. • The on-site supervisor is to conduct a safety briefing with the volunteer(s) prior to start of work. Department Manager/Supervisor Signature: Date: 9 B6oN cot, Appendix C MASON COUNTY ,Rsa ON-GOING APPLICATION CONTACT INFORMATION Are you over Y Full Name: 18 years old: N Street Address City, St, Zip: Cell Phone: Home Phone: E-Mail Address- Are you currently certified in: CPR: Y N First Aid: Y N AED: Y N AVAILABILITY During which days/hours are you available for volunteer assignments? (Check all that apply) Monday Tuesday Morning Long Term Wednesday Thursday Afternoon Short Term Friday Special Project INTERESTS What departments are you interested in volunteering in and why? EMERGENCY CONTACT Name: Street Address: City, St, Zip: Cell Phone: Home Phone: E-Mail Address: AGREEMENT AND SIGNATURE By submitting this application, I affirm that the facts set forth in it are true and complete. understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I have reviewed the Mason County Volunteer Policy. Name (printed): Signature: Date: It is the policy of this organization to provide equal opportunities without regard to race, color, religion, national origin, gender, sexual preference, age, disability or any other protected class. Thank you for completing this application form and for your interest in volunteering with us. Return volunteer application and Release of Information Background Check Authorization Form to: Mason County Human Resources 423 N 5t" Street Shelton, WA 98584 Phone: (360) 427-9670 x 290 or 645 E-Mail: HumanResources@masoncountywa.gov Resolution No. VOLUNTEER POLICY WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the coordination of county administrative programs, which is accomplished through the adoption of Policy; and WHEREAS, it is necessary and appropriate to create a County-wide Volunteer Policy to streamline and create consistent programs; NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby approves the Volunteer Policy. This resolution shall become effective immediately upon its passage. DATED this day of , 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim l itehead, Chief Deputy Prosecuting Attorney Kevin Shutty, Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Nichole Wilston Ext.643 Department: Risk Management Briefing: N Action Agenda: N Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 4/8/24 Agenda Date: 4/9/24 Internal Review: ❑ Finance ❑ Human Resources N Legal N 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 Michael A Wood, Case No. 2:22-cv-00636-DGE-DWC United States District Court Case served upon them on September 21, 2022 via USPS: Jesse Ogden. 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 Michael A Wood, Case No. 2:22-cv-00636-DGE-DWC United States District Court Case served upon them on September 21,2022 via USPS: Jesse Ogden. Attachments Michael A Wood, Case No. 2:22-cv-00636-DGE-DWC United States District Court Case on file with Clerk of the Board REQUEST FOR DEFENSE OF OFFICERS AND EMPLOYEES OF MASON COUNTY NAME OF CASE:/[/G��.l /t V l�l�S!/3G CASE NUMBER: d.)J COURT: (,4f Q/977Cfi" 6tcrI- EMPLOYEE/OFFICER REQUESTING DEFENSE: COMPLAINT—ATTACH COPIES OF ALL DOCUMENTS RECEIVED, DATE COMPLAINT WAS RECEIVED: FROM WHOM RECEIVED: REQUEST FOR DEFENSE: PURSUANT TO MASON COUNTY ORDINANCE NUMBER 06-18, I AM REQUESTING THAT MASON COUNTY PROVIDE FOR MY DEFENSE AND ANY NONPUNITIVE AT COUNTY EXPENSE. I UNDERSTAND AND AGREE THAT IF ANY TIME I FAIL TO COOPERATE WITH THE PROSECUTING ATTORNEY'S OFFICE OR OTHER ATTORNEY RETAINED BY THE COUNTY OR, IF EVIDENCE INDICATES THAT I WAS NOT ACTING EITHER IN GOOD FAITH OR WITHIN THE SCOPE OF MY OFFICIAL COUNTY DUTIES,THE COUNTY MAY WITHDRAW ITS DEFENSE IN WRITING. I FURTHER UNDERSTAND AND AGREE THAT I MAY NOT ENGAGE IN ANY OF THE FOLLOWING ACTS REGARDING THIS CASE UNLESS SPECIFICALLY AUTHORIZED BY THE PROSECUTING ATTORNEY'S OFFICE OR OTHER AGENCY REPRESENTING ME ON BEHALF OF THE COUNTY: (1) NEGOTIATE OR OTHERWISE AFFECT THE SETTLEMENT OF THE CASE; (2) MAKE AN ADMISSION OF LIABILITY (3) DISCUSS THE CASE WITH PERSONS WHO ARE NOT AN ELECTED OFFICIAL, DEPARTMENT HEAD, PROSECUTOR, ANOTHER COUNTY EMPLOYEE INVOLVED IN THE CASE, OR OTHER ASSIGNED ATTORNEY. J dctic DATE OFFIC EMPLOY /VOLUNTE REQUESTING DEFENSE Mason County Board of County Commissioners authorize payment for the defense and any non-punitive monetary judgment for based on the Ordinance 06-18. Mason County reserves the right to pay punitive monetary judgement entered against until a judgement has been awarded. ❑ APPROVED DATE: ❑ DENIED DATE: COUNTY COMMISSION CHAIR ORDINANCE NO. AMEND ORDINANCE 127-03 MASON COUNTY POLICY AND PROCEDURE FOR DEFENSE AND INDEMNITY OF EMPLOYEES WHEREAS, Mason County desires to establish a procedure under which a Mason County officer, employee or volunteer, who are subject to a claim for damages may request that Mason County authorize and provide the defense of the claim and pay the expenses of the defense, and to establish a procedure under which Mason County may pay damage awards; and WHERAS, a document to establish said procedure has been prepared by the County Human Resources/Risk Manager and reviewed by the County Prosecuting Attorney; now therefore BE IT HEREBY ORDAINED, BE IT FURTHER RESOLVED, that this Ordinance shall amend Ordinance 127-03 Mason County Policy and Procedure for Defense and Indemnity of Employees (Attachment A). This Ordinance shall become effective immediately upon its passage. PASSED this day of F.br"a�2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Ra y Neatherlin, Chair M li wry, CI of the Board APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Chief Deputy Pro es cuting Kevin Shutty'Commissioner Attorney Attachment A MASON COUNTY POLICY AND PROCEDURE FOR THE DEFENSE AND INDEMNITY OF EMPLOYEES Purpose The purpose is to establish a procedure under which Mason County 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 and pay the expenses of the defense, and to establish a procedure under which Mason County may pay damage awards. Definitions The following terms are defined in this section: A. "Officer" means any person who is or was an elected or appointed official or officer of Mason County. "Officer" includes the estate or personal representative of an officer. B. "Employee" means any person who is or was an employee of Mason County. "Employee" includes the estate or personal representative of an employee. C. "Volunteer" means any person who is or was a volunteer, as defined according to RCW 51.12.035, of Mason County. "Volunteer includes the estate or personal representative of a volunteer. D. "Expense" or"expenses" means reasonable attorney's fees and litigation costs. E. "Party" includes a person who was, is now, or is threatened to be made a named defendant or respondent in a legal proceeding. F. "Claim" means any threatened, pending, or completed civil action, suit, or proceeding brought under RCW Chapter 4.96 or 42 U.S.C. 1981 et seq. Request for defense of claim An officer, employee or volunteer may request that Mason County defend and pay the necessary expenses of defending any claim arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. Such requests shall be in writing and signed by the person or his or her attorney, shall be filed with the board of county commissioners, and shall include a summary of the claim. If the claim is pending, then a copy of the written claim, demand or lawsuit shall be attached to the request (Attachment B). Authorizing defense of claim A. Mason County shall grant the request to defend a claim and pay the necessary expenses of defense upon a determination that the claim is based upon an alleged act or omission of the officer, employee or volunteer which was, or in good faith purported to be, within the scope of his or her official duties. Such determination shall be made as follows: a. By a majority vote of a quorum of the board of county commissioners consisting of members not named as a party to such claim; or b. If a quorum of unnamed members of the board is not possible, then by a written opinion of Mason County Prosecutor shall approve or deny the request to defend on behalf of the named board of county commissioners. 1 Attachment A B. Mason County shall not defend or pay for the expense of defending a claim against an officer, employee or volunteer, which alleges unlawfully obtaining personal benefits while acting in his or her official capacity. C. Mason County shall not pay any expenses of defending a claim, which are paid or incurred by an officer, employee or volunteer prior to receipt of a proper written request by the board of county commissioner. Mason County shall not pay any expenses of defending a claim in advance of services being rendered or costs being incurred. D. Mason County shall not defend or pay for the expense of defending a claim against an officer, employee or volunteer, which engages in illegal, official misconduct, willful misconduct or to defend the right to hold office. Payment of nonpunitive monetary judgment When Mason County has defended a claim against an officer, employee or volunteer and the court hearing the action has found that the officer, employee or volunteer was acting within the scope of his or her official duties, Mason County shall pay any final nonpunitive monetary judgment entered on such claim, after termination of all appellate review, if any. Pursuant to RCW 4.96.041, a judgment creditor shall seek satisfaction for a nonpunitive monetary judgment only from Mason County and a judgment for nonpunitive damages shall not become a lien upon any property of the officer, employee or volunteer. Payment of punitive monetary judgment Mason County may at its sole discretion pay a punitive monetary judgment entered against an officer, employee or volunteer. Mason County reserves the right to pay punitive monetary judgement entered against an officer, employee or volunteer until a judgement amount has been awarded. Withdrawal of defense If at any time during defense of an action authorized under this Ordinance the County officer, employee or volunteer fails to cooperate with the prosecuting attorney's office or other attorney retained by the County, or new evidence indicates that the County official, employee or volunteer was not acting either in good faith or within the scope of that person's official county duties, the prosecuting attorney's office or retained attorney may withdraw the County's defense in writing. The County officer or employee may appeal this decision in writing to the board of county commissioners within five days from the date of the withdrawal by the prosecuting attorney's office or retained attorney. Violations of indemnification ordinance by county officer, employee, or volunteer Except as specifically directed by the prosecuting attorney's office or the attorney representing the County, no county agency, officer, employee or volunteer may engage in any of the following acts with respect to actions or proceedings for damages defended pursuant to this Ordinance: A. Negotiate or otherwise affect the settlement of such action or proceedings for damages against the County; B. Make an admission of liability involving such an action or proceeding with persons against the County; 2 Attachment A C. Discuss with persons, who are not the elected official, department head, prosecutor, or other assigned attorney, incidents, which could reasonably lead to actions or proceedings for damages against the county or its officers, employees or volunteers. D. Employees who violate any of A through C may be subject to the withdrawal of indemnification of defense and payment of any further expenses by the County. Severability In the event that any provision of this resolution is held to be invalid, the remainder of this ordinance or the application of such provision to other persons or circumstances shall not be affected and shall be valid and enforceable to the fullest extent allowed by law. 3 Resolution No. DECLARING MASON COUNTY A SASQUATCH PROTECTION AND REFUGE AREA WHEREAS, legend, sightings,purported recent findings, investigation,and recognition by various counties support the notion that Sasquatch (also known as Bigfoot, Yeti, or Giant Hairy Ape) may exist; and, WHEREAS, if such a creature exists, it is not flourishing—given the very unusual event of being sighted and it is likely an endangered species and is subject to great harm and extinction if it continues to be unprotected; and, WHEREAS, Mason County desires that its citizens recognize the need to protect Sasquatch if it does truly exist; and, NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby declare Mason County as a Sasquatch protection and refuge area of which all citizens of the County are asked to recognize and honor. DATED this 23"day of April, 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin,Chair APPROVED AS TO FORM: Kevin Shutty, Vice-Chair Tim W ief Deputy Prosecuting Attorney Sharon Trask, Commissioner C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Heidi Steinbach,Noxious Weed Program Ext. 592 Coordinator Department: WSU Extension Briefing: Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 15,2024 Agenda Date: April 23,2024 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 with Washington State Noxious Weed Control Board—FY24 Class A and B Designate Noxious Weed Eradication Program Background/Executive Summary: The Mason County Noxious Weed Control Board is submitting a proposal to Washington State Noxious Weed Control Board for continued funding of perennial pepperweed control within Mason County. In 2023,Mason County Noxious Weed Control Board was awarded$2,150 from the WSNWCB as part of their FY24 Class A and B Designate Noxious Weed Eradication Program. This agreement helped fund control of perennial pepperweed(Lepidium latifolium)along the Hood Canal shoreline. Budget Impact(amount, funding source,budget amendment): Provide a maximum amount of$5,000 for the 2025 Budget year to assist with funding the extra-help noxious weed position. Public Outreach (news release,community meeting, etc.): N/A Requested Action: Approval of the Interagency Agreement with Washington State Noxious Weed Control Board—FY24 Class A and B Designate Noxious Weed Eradication Program and approval for the Chair to sign the grant questionnaire. Attachments Grant Questionnaire Interlocal Agreement i i Mason County Grant Questionnaire Date: 4/8/2024 Department: WSU Extension - Noxious w Contact Person: Heidi Steinbach 1) Name of the grant/program: WA State Noxious Weed Control Board Class A and B Designate Noxious Weed Era( 2) New grant ❑ Renewing grant B Term: (#of years) Applying for continued funding for perennial pepperweed control 3) Is the grant unchanged and does not require Current Expense funding? Yes ❑ No ® (If"yes"please skip to number 24) Requesting additional funds to control additional species - spurge laurel and lesser ce 4) How will this grant benefit the County's constituents? MCNWCB has controlled perennial pepperweed (Class B Designate) along north Hoo 5) Is this a program grant or an equipment grant? Program Grant 6) Is this a"one-time only"grant or is it renewable? If renewable,how long is the grant anticipated to last? renewable 7) If this is a new grant, how will the grant support a current program or how will the program change? n/a 8) Does this grant require upfront finding? Yes ❑ No If yes,what is the source of the upfront funds needed to cover costs prior to initial and continuing reimbursements being received? i 9) How many employees, new or current,will be paid by the grant? 1-2 a. If this grant requires new hires) and the grant ends,how will unemployment costs be funded? n/a 10) Will the grant require matching funds? (i.e. in-kind,cash,Employment Security, Social Security, FICA, PERS, etc.?) Yes W No ❑ PB I If so, what? Once funds from grant are used, we will finish control work using noxious weed fundir l 1) Would the grant allow for an amoral COLA in salary,increase in medical insurance premiums,or increases in any personnel benefits?Yes ❑ No lig n/a 12) If required,what fund would support the cash match? Program coordinator's salary line item (general fund) 13) If required, what is the TOTAL cost of the match over the life of the grant? 14) What fund would support the administration of the grant? Program coordinator's salary line item (general fund) 15) Will the grant allow for the County cost allocation plan to be funded?Yes ❑ No iR 16) Would the grant require the County to provide office space and/or additional equipment to administer the program? If so,what are the requirements? no 17) Would the program require use of a County vehicle or personal vehicle?Yes 8 No ❑ County vehicle usage 18) If so,would the grant provide for the cost of the vehicle and/or liability insurance?Yes ❑ No B 19) Would the grant require activities by other County departments? (i.e. legal review, technology services assistance,new BARS numbers,etc.)Yes ❑ No If so,what are the activities? 20) Would acceptance and completion of the grant project obligate the County, in any way, to create or enact a new Ordinance or policy?Yes ❑ No B If so,what are the obligations? 21) Does this grant project include any activities that may fall outside of the County's standard policies such as personnel policies on travel,hours of work,training requirements,reimbursement for meeting refreshments,paying for meeting space, etc.? no PB 2 22) Will outside consultants be solicited to work on the grant, if so is a process n place for the appropriate selection and oversight of the consultant activities? Yes ❑ No If so,what is the funding source for consultant fees? 23) For a program grant, how would the program be funded after the grant expires? (It should be understood that once grant funding ends,either the program ceases or the funding for the program needs to be absorbed within the department's existing budget or justification must be provided that the program has been and will continue to save or benefit taxpayers.) Follow-up control activities will be completed by County funded coordinator or other fu 24) Please attach a synopsis of the grant or a copy of the fact sheet. Please feel fi•ee to submit additional information as needed: Official signature of the requesting department: F/8/2024 r Elected Official/ epartment Head Date Approved by: Chair,Board of County Commissioners Date p&3 FY24 Class A and B Designate Noxious Weed Eradication Program Request for Proposals Washington State Noxious Weed Control Board GENERAL INFORMATION Posted Date: Monday March 22°d, 2024 Due Date for Proposals: Wednesday, May I5t ,2024 Funding Instrument Types: Interagency Agreement or Purchased Service Contract AGENCY CONTACT INFORMATION Washington State Noxious Weed Control Board - Attn: Mary Fee P.O. Box 42560; 1111 Washington Street; Olympia, WA 98504 Phone: (360) 561-4428 Email: MFeeCcu�,agr.wa.gov FUNDING OPPORTUNITY DESCRIPTION The Washington State Noxious Weed Control Board(WSNWCB) is soliciting proposals for projects to eradicate Class A and B Designated Noxious Weeds in the State. Up to $15,000 may be available this fiscal year, which ends June 30, 2025. The WSNWCB has set a maximum request amount of$5000. Proposals to eradicate plants listed as Class A Noxious Weeds (as listed in WAC 16-750-005) or Class B Noxious Weeds Designated for control by the state (as listed in WAC 16-750-011) are eligible if they include the required proposal elements. All proposals must adhere to the principles of Integrated Pest Management (IPM) as described in RCW 17.15. ELIGIBLE APPLICANTS AND REQUIREMENTS o County Noxious Weed Boards, County Noxious Weed Programs,and County Noxious Weed Districts o Representation at the May 23`d noxious weed board meeting either in person or WebEx is required. o Projects will only be funded for control efforts to include herbicide purchase, equipment costs, crew-time and/or contractors. Surveying iii conjunction with control will be considered. Survey only projects will not be funded. o Projects with landowner participation will be ranked higher than those that do not have landowner participation. o Projects with matching funds from other entities will be ranked higher than those that do not have matching funds. County match is greatly encouraged. o The intent is to eradicate class A noxious weed species or class B designated species that are very limited distribution. 1 FY24 Class A and B Designate Noxious Weed Eradication Program Request for Proposals Washington State Noxious Weed Control Board Applicant's name: Agency/organization name: Mailing address: Email address: Phone number: Please have a representative available for questions at the Washington State Noxious Weed Control Board Meeting May 23`d either in person or via Webex. Webex login information will be sent out prior to the meeting. Proposals without representation will not be considered. Please provide brief background information about the lead organization and partners: Name of the Class A or B Designated noxious weed: Current total known acres in your county(please specify if using total infested acreage or total solid acreage): How much of this acreage/infestation will be treated in this proposed eradication project?. Please briefly describe the nature of the known infestation,including number of known sites or populations (if applicable), geographic extent,habitat types,and if the infestations are on private lands,public lands,or both.Date when infestation was first identified. Do you plan to treat all sites in your comity or jurisdiction, or will you target specific sites? 2 FY24 Class A and B Designate Noxious Weed Eradication Program Request for Proposals Washington State Noxious Weed Control Board �I What IPM methods and materials are to be used in the eradication n•o' l sect. Include information on the fining of each control measure.Please note that all treatments paid for by this pass-through funding must occur on or before June 30,2023. What previous control work has been done(include any IPM methods)?Include information on the timing of each control measure and outcomes. If none please state so. Please briefly describe steps to assure that all applicable laws will be followed if herbicides are used, e.g.,permit coverage,applicant licensing,site-posting. Do you anticipate that enforcement of Washington State noxious weed law might be necessary in the process of the eradication?If yes, please provide a brief description of the readiness of involved county weed board(s) to carry out such enforcement within the proposal period. i If the infestation to be eradicated lies in more than one county or jurisdiction,please provide a brief description of any coordinated efforts to treat and eradicate the entire infestation in all applicable jurisdictions. i 3 FY24 Class A and B Designate Noxious Weed Eradication Program Request for Proposals Washington State Noxious Weed Control Board Please describe local support(include match funding or in-kind efforts from local groups,comity, municipalities,or volunteer efforts.) Please describe any post-eradication plans to monitor the project area, prevent,and respond to any infestation.Will you be conducting any outreach with landowners to help in early detection? Estimated date when the current infestation would be eradicated (no living plants or propagules),if it were assumed that the requested funding and the matching funds of project partners were continued annually. Dollar amount of funding requested for FY24 ($5000 maximum): Matching funds,whether cash or in-hind,offered by other project partners not otherwise included above.Note that matching funds are not required,but discussion and disclosure of matching funds are required.If there are no matching funds,please state this. 4 Contract Number: K4795 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: File Name: K4795_MasonPepperweedContract Page 1 of 7 Contract Number: K4795 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. File Name: K4795_Mason Pep perweedContract Page 2 of 7 Contract Number: K4795 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 File Name: K4795_Mason Pep perweedContract Page 3 of 7 Contract Number: K4795 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 File Name: K4795_Mason Pep perweedContract Page 4 of 7 Contract Number: K4795 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(a)agr.wa.gov The Agreement administrator for Lisa DeWall, WSU Ext. Office Manager Mason County is: Mason County WSU Extension 303 N. Fourth Street Shelton, WA 98584 Phone: (360) 427-9670 ext. 680 lisad(jmasoncountywa.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 MASON COUNTY DEPT. OF AGRICULTURE By: By: Title: Title: Date: Date: File Name: K4795_MasonPepperweedContract Page 5 of 7 Contract Number: K4795 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. File Name: K4795_Mason Pep perweedContract Page 6 of 7 Contract Number: K4795 Attachment B, Proposal Attached as a PDF separately. File Name: K4795_Mason Pep perweedContract Page 7 of 7 'Qp!i C4gY a,F Tr, Mason County Agenda Request Form i 7r To: Board of Mascot County Commissioners From: Heidi Steinbach,Noxious Weed Program Ext. 592 Coordinator Department: WSU Extension Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 15,2024 Agenda Date: n/a i Internal Review: O Finance ❑Human Resources ❑ Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Cleric of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No O Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Amendment No. 1 to Interagency Agreement(Contract No. K4369) Between Washington State Department of Agriculture and Mason County and its Agent Mason County Noxious Weed Control Board. Background/Executive Summary: The Mason County Noxious Weed Control Board has amended a funding agreement with Washington State Department of Agriculture for$2,000 additional fimding to support giant hogweed survey and control,within Mason County.In 2023,Mason Comity Noxious Weed Control Board was awarded $5,000 from Washington State Department of Agriculture through contract no.K4369,to support giant hogweed work. $3,000 was spent on the project in 2023, leaving$2,000 for work in 2024. This amendment to the grant will add $2,000 of funding to the project budget for 2024. Budget Lnpact(amount, funding source, budget amendment): Provides an additional $2,000 for the 2024 budget year. Will require a supplemental appropriation of $2,000 in revenue and expenditures, $1,600 extra help wages and $400 in supplies and travel costs. Public Outreach (news release,community meeting,etc.): n/a Requested Action: Approval to place Amendment No. 1 of Contract IC4369 on action agenda for approval and signature. Attachments: Amendment No. 1 to Interagency Agreement(Contract No. K4369)between Washington State Department of Agriculture and Mason County Noxious Weed Control Board. Current Interagency Agreement Contract No. K4369(expires January 15'n,2025) 1(4369-1 INTERAGENCY AGREEMENT Amendment NO. 1 CONTRACT NO. K4369 BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD Contract No. K4369, including any subsequent modification thereto, between the Washington State Department of Agriculture and Mason County and its agent Mason County Noxious Weed Control Board, is hereby amended under the provisions of the Agreement Alterations and Amendments clause and by the mutual consent of all parties hereto, as follows: • To add $2,000 to the total amount of K4369. This increase is being provided to assist with the giant hogweed survey and control project in Mason County. • Revise budget categories of remaining unspent K4369 funds plus amended funds as follows: o Salaries and benefits................... $3,260.00 o Supplies .................................... $230.00 o Travel ...................................... $310.00 o Indirect (limited to 5%) ................ $200.00 o TOTAL: ....... ........ ............... $4,000.00 • A final report for the use of these funds is due by January 15, 2025. • Contract K4369 will not exceed $7,000.00. ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEROF, the parties have executed this Amendment. Mason County WA State Department of Agriculture (Signature) (Date) (Signature) (Date) (Print Name) (Print Name) (Title) (Title) Page 1 of 1 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered Into by and between the Washington State Department of Agriculture (WSDA) and Mason County and its agent, Mason County Noxious Weed Control Board. IT IS THE PURPOSE OF THIS AGREEMENT to provide Mason County and its agent, Mason County Noxious Weed Control Board, funding for a project to survey for and control Giant Hogweed (Heracleum mantegazzianum)within Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County through its agent, Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment"A"which Is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Regardless of the date of signature and subject to its other provisions, this Agreement shall . begin on February 1, 2023 and end on December 31, 2024, unless terminated sooner or extended by WSDA as provided herein through a properly executed amendment. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $5,000.00. Only reasonable costs identified in Attachment"A", incurred directly related to the Mason County Giant Hogweed Survey and Control Project, will be reimbursed to Mason County under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. Compensation for service(s) shall be as set forth in accordance with the budget in Attachment"B"which is attached hereto and Incorporated herein. BILLING PROCEDURE Mason County shall submit properly completed invoices quarterly to the WSDA Agreement administrator. Reference WSDA Contract Number K4369 on all invoices. Payment to Mason County for approved and completed work will be made by warrant or account transfer by WSDA within 30 days of receipt of the properly completed Invoice, if Contractor does not have an invoice template to request payment, Contractor can request a copy of a Certified State Invoice Voucher(Form A-19)from WSDA. Upon expiration of the Agreement, any claim for payment not Page 1 of 6 DocuSign Envelope ID;A157D3C1-DCC2-4A21-84C5-FAA2A88CD02E Contract Number: K4369 already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever Is earlier. DUPLICATION OF BILLED COSTS The Contractor shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Contractor, If the Contractor has been or will be paid by any other source, including grants,for that service. FUNDING CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency may: i a. Terminate this Agreement with 10 days advance notice. If this Agreement is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. b. Renegotiate the terms of the Agreement under those new funding limitations and conditions. c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables. Or, d. Pursue such other alternative as the parties mutually agree to writing. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and Indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. If any litigation, claim or audit is started before the expiration of the six (6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent with applicable laws. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Page 2 of 6 '.. DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SUBCONTRACTING "Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) In any tier. Except as otherwise provided in the Agreement, the Contractor shall not subcontract any of the contracted services without the prior approval of the Agency. The Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Agreement are Included In any and all Subcontracts. Any failure of Contractor or its Subcontractors to perform the obligations of this Agreement shall not discharge Contractor from its obligations under this Agreement. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected,this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; chapter 42.23 RCW; or any similar statute involving Mason County In the procurement of or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee. Page 3 of 6 '.. DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 i In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent, Mason County Noxious Weed Control Board, as it could pursue in the event of a breach of the Agreement by Mason County or its agent, Mason County Noxious Weed Control Board. The rights and remedies of WSDA provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes"clause of this Agreement. i DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board In the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted In accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be In accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. LICENSING BONDING INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent, Mason County Noxious Weed Control Board, shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent, Mason County Noxious Weed Control Board, shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and conditions contained within this Contract; c. Plan of Work(Attachment A); d. Budget(Attachment B); e. Any other provisions of the Agreement, Including material incorporated by reference. Page 4 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 ASSIGNMENT Mason County and Its agent, Mason County Noxious Weed Control Board, are responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. In no event shall the existence of any subcontract operate to release or reduce the liability of Mason County and its agent, Mason County Noxious Weed Control Board, to WSDA for any breach in the performance of Mason County and its agent Mason County Noxious Weed Control Board's duties. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such In writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement administrator for WSDA is: Greg Haubrich, Pest Program Manager Washington State Dept. of Agriculture Plant Protection Division PO Box 42560 Olympia, Washington 98504-2560 (360) 902-2071 ghaubrich@agr.wa.gov The Agreement administrator for Mason County is: Kela Hall-Wieckert, Coordinator Mason County Noxious Weed Control Board 303 N. 41h Street Shelton, WA 98584 (360)427-9670 X 592 khall-wieckert@masoncountywa.gov Page 5 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A66CD82E Contract Number: K4369 All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON MASON COUNTY DEPT, OF AGRICULTURE By: CDocusienea by: / (�atti�ei V By: 74552]0700C44"... Title: Pest Program Manager Title: bla\r Date: 3/2/2023 1 11:34 AM PST Date: `Z, ), Z,tY Z Page 6 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 ATTACHMENT A Plan of Work Mason County and its agent Mason County Noxious Weed Control Board Giant Hogweed Survey and Control Project February 1, 2023 to December 31, 2024 County Control Criteria: Mason County through its agent, Mason County Noxious Weed Control Board, will conduct survey and control of Giant Hogweed (Heracleum mantegazzianum) located within Mason County. Minimum work specifications: Mason County staff and/or subcontractors will use an integrated weed management approach, In conjunction with the best management practices for the control of Giant Hogweed. All control methods will be employed consistent with the laws, rules and regulations of Washington State, Mason County, the Noxious Emergent Plant Management Environmental Impact Statement (EIS)first published in November 1993, and all subsequent amendments to the EIS. Mason County must enter into a contract with WSDA under which Mason County, or subcontractors to Mason County, act as limited agents to carry out noxious and quarantine weed control for WSDA under the"National Pollutant Discharge Elimination System (NPDES) - Aquatic Noxious Weed Control General Permit" prior to the performance of any activity pursuant to this Agreement that discharges herbicides indirectly into streams, rivers, estuaries, wetlands, along lake shorelines, or in other wet areas, If Mason County, or subcontractors to Mason County, carries out aquatic noxious weed control by chemical treatments directly into fresh water(lakes, streams, and rivers), then the"National Pollutant Discharge Elimination System (NPDES) -Aquatic Plant and Algae Management General Permit", must be obtained prior to the performance of any activity pursuant to this Agreement from the Washington State Department of Ecology.Treatments under either permit may only occur at times allowed under provisions of the NPDES permit and must comply with conditions specified in such permit. The Mason County Giant Hogweed Survey and Control Project Coordinator will work closely with the WSDA Noxious Weed Coordinator. Work will only take place on property for which the Mason County Noxious Weed Control Board has obtained prior written permission for entry and treatment. Mason County Noxious Weed Control Board will also provide access to these properties for the WSDA Noxious Weed Coordinator. Changes made to any permission form must be approved by WSDA prior to the performance of any work on that property undertaken under terms of this Agreement. Program Needs Provided by WSDA: WSDA may furnish herbicide, surfactants and equipment as the WSDA Noxious Weed Coordinator deems necessary. All unexpended items remain the property of WSDA. Expenditures: The funds provided for the Mason County Giant Hogweed Survey and Control project will primarily go towards staff salaries and benefits and travel. All supplies furnished by WSDA will Page 1 of 2 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 be used in Washington State and under the supervision of county personnel. An inventory list will be furnished to WSDA upon request. Items such as computer programs, models, food and beverage, or other costs not specified in this document will not be reimbursed unless the expenditure is specifically authorized in advance In writing by WSDA. Coordination: The Mason County Giant Hogweed Survey and Control Project will be coordinated with state, local and private control efforts. Deliverables: The county noxious weed coordinator or program manager will submit a written report to the WSDA agreement administrator, documenting the work conducted on this project. The report is due January 15, 2025, and will include the following: • Date(s) of survey and control activities, • The type of control conducted, • Difficulties encountered (if any), • Solid acres (or square feet) of each species treated, • Number of acres and/or miles surveyed (if any), • GPS derived locations of any noxious weed locations, • Number and type of landowners assisted (if any), • Photo documentation of selected sites, including before and after treatment photos. Final payment under this Agreement will not be made until the final report is accepted by WSDA. These deliverables are separate from and in addition to any reporting requirements associated with limited agent status under WSDA's Aquatic Noxious Weed Control NPDES General Permit coverage. Page 2of2 DocuSign Envelope ID;A157D3C1-DCC2-4A21-8405-FAA2A88CD82E Contract Number: K4369 ATTACHMENT B Budget Mason County and its agent Mason County Noxious Weed Board Giant Hogweed Survey and Control Project February 1, 2023 to December 31, 2024 Total payment to Mason County and its agent Mason County Noxious Weed Control Board will not exceed $5,000.00. 1. Salaries, wages and benefits...........................................................................$4,428.00 2. Supplies and equipment.........................................................................................$66.00 3. Travel...................................................................................................................$295.00 3. Contracted services..................................................................................................$0.00 4. Indirect .................................................................................................................$221.00 TOTAL: ......................................................................................................$5,000.0 0 If the total cost of a budget category varies by more than 10%from what is listed above, written approval via email with the WSDA Agreement Administrator is required. Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accounting Manual, Chapter 10, Section 90. Page 1 of 1 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: David Windom Ext.260 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 15,2024 Agenda Date: April 23,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item• Johnson&Johnson Opioid Settlement Background/Executive Summary: The Johnson&Johnson opioid settlement deadline is May 11,2024. The Attorney General's Office strongly encourages counties to join the settlement. If all eligible cities and counties join as they did for the prior opioid settlements,cities and counties will receive $61.67 million in the June/July 2024 timeframe from the Johnson&Johnson settlement. Budget Impact(amount, funding source,budget amendment): Depends on allotment process,will add additional funds. Public Outreach (news release,community meeting, etc.): Requested Action: Approval for the Commission point of contact, Commissioner Shutty,to sign the settlement and any future settlements. Attachments None EXHIBIT B Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: Cit , State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Janssen Washington State-Wide Opioid Settlement Agreement dated January 22, 2024 ("Janssen Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 30 days of the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions,boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity B-1 elected or appointed to serve any of the foregoing and any agency,person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor,the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 8. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law,which is similar, comparable, or equivalent to § 1542 of the California Civil Code,which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing parry does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her,would have materially affected his or her settlement with the debtor or released parry. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Janssen Settlement. 9. This Settlement Participation Form shall be deemed effective as of the Effective Date of the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. B-2 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: Name: Title: Date: B-3 C Mason County Agenda Request Form Y /AtJ To: Board of Mason County Commissioners From: Mike Collins, PLS, PE, County Engineer Ext. 450 Department: Public Works Briefing: ❑x Action Agenda: ❑x Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 15, 2024 Agenda Date: April 23, 2024 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: County Road Closure-- Satsop Cloquallum Road for the Comfort Creek Culvert Replacement Project Background/Executive Summary: Public Works will be replacing a culvert on the Satsop Cloquallum Road at MP 5.20. Comfort Creek culvert replacement project that will remove a restricted flow path under Satsop Cloquallum Road. The existing 30"pipe is failing and prevents debris from passing under the roadway and causes aggradations,restricting the culvert and causing the creek to flow over the road and flood neighboring properties.The project will reduce the maintenance costs and environmental impacts associated with the existing culvert. We are requesting the road to be closed in order to install the new culvert. Closure scheduled to begin at approximately 7:00am Monday,August 19,2024 and reopen at 4:00pm Friday, August 30,2024. Budget Impact• The culvert was purchased and delivered in 2023 for$96,444.35. County force work is estimated to cost $90,000.00. Public Outreach: 1. Notice of closures will be published in the Shelton Journal. 2. Closure information will be posted on County Facebook page,TV Channel 3 and County webpage under "Road Closures,Restrictions and Conditions". 3. Reader boards will alert drivers at least 3-days prior to the start of each closure. 4. Notices will be posted in a conspicuous place at each end of the portions of roadway to be closed. Requested Action: Requesting the Board approve the county road closure on Satsop Cloquallum Road from August 19,2024 to August 30,2024 at approximate M.P. 5.2 for the culvert replacement project. Attachments: 1. Detour Maps 2. Road Closure Notice ROAD CLOSURE NOTICE CULVERT REPLACEMENT PROJECT SATSOP CLOQUALLUM ROAD NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010, the Satsop Cloquallum Road shall be closed to all traffic at approximate milepost 5.2 for a culvert replacement project. The road closure is scheduled to begin at approximately 7:00am on Monday, August 19, 2024 and reopen at approximately 4:00pm on Friday, August 30, 2024. Detour signs will be in place to guide local residence and emergency vehicles around on the closure. For more information, contact Public Works at(360) 427-9670, Ext. 450. Dated this day of April 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board cc: Commissioners Engineer JOURNAL: Publ. It.: 5/2/24 (Bill Road Dept.) POST: At Least three (3) dqys prior to closure. Satsop Cloquallum Road MP 5.2 County Maintenance Cross-Culvert Replacement Project a A. SHELTO NMATLOCK RD y`l �O 00 i J i i i i i i i W CLOQUALLUM RD COUNTY PROJECT MP 5.2 I I Satsop Cloquallum RD 0 L — --—— — — — — ————— ——— —— Idav_+n — — • —— _ — — — — —— — — — — _ -- — e — drays harbor ——— — — a ad FF� Ci -a 4 McCleary E co Legend e Mason County Route Monte E�$PRd� W. Main St. _ — Grays Harbor Route a Sources: Esri, HERE,Garmin, US �=` Japan, METI,Esri China(Hong Kul, OpenStreetMap contributors,and the GIS User Community Satsop Cloquallum Road MP 5.2 County Maintenance Cross-Culvert Replacement Project P3 �O atlock O SHELTON ATLOCK RD ' O 2 Q 2 O 1 2 Lake E W CLOQUALLUM RD p, Run COUNTY PROJECT MP 5.2 SCHAFER PARK RD <ary Sources: Esri, H �'E,Garmin, USGS, Inte�map, INCREME/NT P, NRCan, Esri pan, MTV—,Esri China(Hong Kong),Esri Korea Esri(Thailand), NGCC,(c) OpenStreetMap contributors,and the GIS U.ser_C.ommunity Satsop Cloquallum Road MP 5.2 County Maintenance Cross-Culvert Replacement Project p,Y Run 4 COUNTY PROJECT MP 5.2 Satsop Cloquallum RD N f co z CY- �e tea. - oQ - �m E Z co 0 0 U Monte Elma Rd. op W. Main St. S+1*4 Sources: Esri, HERE,Garmin, USGS,.,�Intermap, INCREMENT R NRCan, Esri Japan, METI,Esri China(Hong Kong), Esr Korea, Esri(Thailand), NGCC,(c) OpenStreetMap contributors,and the GIS User Community C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Richard Dickinson,Deputy Director/U&W Ext.450 Department: Public WorksBriefing: ❑x Action Agenda: ❑x Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 1,2024 Agenda Date: April 9,2024 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: Mason County Grinder Pump fee increase Background/Executive Summary: The purchase of Grinder pumps has increased for the County. The current price is $6,730.00 and currently the County is charging customers $4,937.36. Public Works would like to revise the U&W Fee schedule for customer cost to cover the current cost paid by County for each pump. Budget Impact: N/A Public Outreach: Updating County Utilities &Waste Management webpage Fee Schedule. Requested Action: Request the Board approve the resolution increases the grinder pump fee to cover current cost to county to purchase from supplier. Attachments: 1. Resolution 2022-092 2. Resolution w/attachments RESOLUTION NO. -) JJ-__C L 2023 WATER/SEWER RATE INCREASE FOR RUSTLEWOOD WATER&SEWER SYSTEM, BEARDS COVE WATER SYSTEM, NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM A RESOLUTION SUSPENDING ANNUAL CPI-U UTILITY RATE INCREASES FOR 2023 CALENDAR YEAR WHEREAS,the provisions of water and waste water utility services and activities within Mason County requires collection of fees to operate and maintain these facilities;and, WHEREAS,it is the role and responsibility of Mason County Board of Commissioners to set policy for Water and Sewer Utility Systems,including monthly service rates,connection and permit fees and other related charges sufficient to cover the cost of utility operation,debt and capital improvements;and. WHEREAS,Commissioners adopted resolutions setting monthly service charges,connection fees and permits fees for Rustlewood Water&Sewer System(05-09),Beards Cover Water System(06-09),North Bay/Case Inlet Sanitary Sewer System(146-08 and 36-11),and Belfair Sanitary Sewer System(04-12 and 119-19);and, WHEREAS,the Board of Commissioners wish to suspend the CPI-U rate increase set forth in Chapter 13 of the County Code for the 2023 calendar year and make a one-year adjustment rate increase of 5%on all County water and sewer monthly rates;and NOW THEREFORE,IT IS ESTABLISHED THAT the Board of Mason County Commissioners hereby suspends CPI-U 2023 rates and adopts the rates and fees for 2023 as shown in Exhibit A. DATED this 10�"day of�J 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: , M (�� Y�yA\ KEVIN SHUTT ,Chair MCKENZIE StJITH, e6[ rk of the Board / APPROVED AS TO FORM: SHARON TRASK,Vice Chair TIM W HEAD,Ch.DPA RAND) NEATHERLIN,Commissioner Printed From Mason County DMS Printed from Mason County DMS EXHIBIT A RUSTLEWODD WATER&SEWER SYSTEM, BEARDS COVE WATER SYSTEM, NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM RATE/FEE SCHEDULE 2023 Utility Monthly Rate Miscellaneous Fees Per ERU Duplex/unit GP on Empty Connection Re-Connect Grinder Permit Plan Review Inspect Re-inspect Shop lot Fee Fee Fee Fee Comm or subdiv Fee Fee Rate/hrly Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 RW $118.15 $23630/$118.15 $6,065.72 $15D.00 $75.00 $75.00 $75.00 Sewer NBCI $124.86 $87.40 $174.80/$87.40 $11,954.72 $4,937.36 $150.00 $75.00 Per hour $75.00 $75.00 $75.00 Sewer +mat Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Belfair $100.80 $70.53 $11,300.00 $4,937.36 $150.00 $75.00 perhour $75.00 $75.00 $75.00 +mat Printed From Mason County DMS Printed from Mason County DMS RESOLUTION NO. AMENDING RESOLUTION 2022-092 INCREASING GRINDER PUMP FEES FOR NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM WHEREAS,the provisions of water and wastewater utility services and activities within Mason County requires collection of fees to operate and maintain these facilities;and, WHEREAS,it is the role and responsibility of Mason County Board of Commissioners to set policy for Water and Sewer Utility Systems,including monthly service rates,connection and permit fees and other related charges sufficient to cover the cost of utility operation,debt,and capital improvements;and, WHEREAS,Commissioners adopted 2022-092 establishing 2023 rates and fees for the County water and sewer facilities; and, WHEREAS,the Board of Mason County Commissioners,by this resolution.desire to amend the current fee to increase the grinder pump fee to cover current cost to the County;and, NOW THEREFORE,IT IS ESTABLISHED that the new fee schedule shall become effective immediately. BE OT FURTHER RESOLVED the Board of Mason County Commissioners hereby adopt the new Public Works utilities rates and fee schedule as shown in Exhibit A. DATED this day of 2024. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: RANDY NEATHERLIN,Chair MCKENZIE SMITH,Clerk of the Board APPROVED AS TO FORM: KEVIN SHUTTY,Vice Chair I TIM W ITE ,Ch.DPA SHARON TRASK,Commissioner �I 1 1 EXHIBIT A RUSTLEWOOD WATER & SEWER SYSTEM, BEARDS COVE WATER SYSTEM, NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM RATE/FEE SCHEDULE 2023 Utility Monthly Rate Miscellaneous Fees Per ERU Duplex/unit GP on Empty Connection Re-Connect Grinder Permit Plan Review Inspect Re-inspect Shop lot Fee Fee Fee Fee Comm or subdiv Fee Fee Rate/hrly RW $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Water RW $118.15 $236.30/$118.15 $6,065.72 $150.00 $75.00 $75.00 $75.00 Sewer NBCI per hour Sewer $124.86 $87.40 $174.80/$87.40 $11,954.72 $4,937.36 $150.00 $75.00 +mat $75.00 $75.00 $75.00 BC $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Water Belfair $100.80 $70.53 $11,300.00 $4,937.36 $150.00 $75.00 per hour $75.00 $75.00 $75.00 +mat ATTACHMENT A 2024 (effective April 23,2024) Utility Monthly Rate Miscellaneous Fees Per ERU on Empty Duplex/unit Connection Fee Connect Grinder Fee Permit Fee Ian Review Comm or subd Inspect Fee Re-inspect Fee Shop Rate/hr RW Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 RW Sewer $118.15 $236.30/$118.15 $6,065.72 $150.00 $75.00 $75.00 $75.00 NBCISewer $124.86 $87.40 $174.80/$87.40 $11,954.72 $6,730.00 $150.00 $75.00 per hour+mat $75.00 $75.00 $75.00 BC Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Belfair $100.80 $70.53 $11,300.00 $6,730.00 1 $150.00 1 $75.00 1 per hour+mat 1 $75.00 $75.00 $75.00 %Mlwa *18W " APR 01 2024 MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET pu� SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 I AM SEEKING APPOINTMENT TO Civil Service Commission NAME: Me ) i PHONE:360—c/Z ADDRESS: E luV tee/ E:3 O - O - Are you a US citizen, Mason County resident for prior CITY/ZIP: / two years, and voter of the County? Yes No❑ EMAIL: F r r .ln Cm C I h ( POLITICAL PARTY: COMMUNITY SERVICE EMPLOYMENT: (IF RETTIIIRED, PREVIOUS EXPERIENCE) (ACTMTIES OR MEMBERS H I PS) COMPANY: 3O YRS POSITION: I Vl e r l,t'/ �j COMPANY: `'Yt�tt50 � C D( 1 D ✓ ✓ YRS POSITION: In your words, what do you perceive is the role or purpose of the Civil Service Commission? What int ests skills do you wish to offer the Civil Service Commission? 1� 4 PJpr S 21ePA¢d Please list any financial, professional, or voluntary affiliations which may influence or affect your position on the Civil Service Commission (i.e. create a potential conflict of interest) () on-e Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Government Trainings Act, Open Public Meetings Act and Public Records Act). The trainings would be at no cost to you. Would you be able to attend such trainings? 5 Meetings are held the third Thursday of each month at 5 pm in the Mason / County Building 9- an Resources Conference Room at 423 N. 5th Office Use Only St, Shelton, WA. a.,you available to attend these meetings? s Appointment Date - Z-7 Term Expire Date A�Aj 'ArAA Signature Date C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: David Windom Ext.260 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): March 25,2024 Agenda Date: April 23,2024 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑ No ❑ Tabled ❑ No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Health Officer Contract Background/Executive Summary: Contract for Prevention MD LLC,Dr. Steven Krager to provide Health Officer services for Mason County. Budget Impact(amount, funding source,budget amendment): $72,000/year from the General Fund. Public Outreach (news release,community meeting, etc.): Board of Health Requested Action: Approval of the Health Officer contract with Dr. Steven Krager to provide Health Officer services for Mason County. Attachments Contract MC Contract #24- MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT ID This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Steven Krager, hereinafter referred to as "CONTRACTOR." Contracted Entity PreventionMD LLC Address 225 S 4th St City, State, Zip Code Saint Helens, OR 97051 Phone (206) 954-6951 Primary Contact: Name, Title Steven Krager MD, MPH Primary Contact: E-mail steve@preventionmd.org Special Conditions Funding Source: County Expense through the Public Health and Human Services budget. General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT shall begin on date signed and shall continue in effect until terminated by either party with (6) days written notice of such termination. Independent Contractor CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor , and nothing herein contained shall be construed to create a relationship of employer-employee All payments made here under and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of 1 Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e , Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit A". Where Exhibit "A" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "A," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "A" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer") COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "A" Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT , to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual , firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation , age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation , age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation , disability, or veteran status , except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities . In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise , to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action,cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement,is made, provided no reduction in performance or loss results toCOUNTY. 4 Confidentiality: CONTRACTOR, its employees, sub-contractors , and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance,and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six(6)years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual , agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: Activities by the health officer authorized under this CONTRACT and conducted within the scope of work as herein provided are covered under the county insurance pool. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference,as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period,orwarranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed 5 officials, employees, agents and volunteers , harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR , its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County - No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion,expiration ortermination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals . Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Public Health and Human Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed bythe COUNTY related to this CONTRACT. 6 The Administrative Officer for purposes of this CONTRACT is: David Windom Mason County Public Health and Human Services Director 415 N. 6th Street Phone: 360-427-9670 Ext. 260 Fax: 360-427-7787Email:dwindom@masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT , and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and 7 Exhibit A Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT byCOUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit A Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY atthe earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10)days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY,the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree 8 that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pied before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6)years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT , the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable . Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal,state and county statutes, regulations, policies,procedures,federal Office of Management and Budget(OMB) circulars and federal and state executive orders. B. Funding source agreement(s)including attachments C. Special Conditions D. General Conditions E. Exhibits A Scope of Service Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin , Commissioner Chair Dated_ Sharon Trask, Commissioner Kevin Shutty, Commissioner ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead Chief Deputy Prosecuting Attorney EXHIBIT A SCOPE OF SERVICES & COMPENSATION Contractor's responsibilities Working in collaboration with the Community Services Director, and Mason County Board of Health,the health officer responsibilities include the enforcement of local and state public health laws, serving as the chief medical officer for the local health jurisdiction with responsibility for the control and prevention of disease. The health officer enforces the public health statutes of the state and the rules promulgated by the State Board of Health and the Secretary of Health. The position is a contracted position for 0.2 FTE (8 hours weekly) and on-call via phone or email for consultation and staff guidance. The Health Officer may provide similar services to other local health jurisdictions under shared services agreement(s) between Mason County Public Health and those local health jurisdiction(s). Under policy direction from the local Board(s) of Health, the Health Officer is responsible for and empowered to enforce the provisions of RCW 70.05.070, RCW 70.58.020 and other applicable state laws. Duties require innovative leadership and active collaboration with a wide range of strategic partners and stakeholders to address public health issues in a rapidly changing environment. The Health Officer provides medically accurate, scientifically proven advice or guidance to the Board of Health, the Director, agency staff, the local medical community, internal and/or external advisory counsel(s), local, state, tribal and federal public health partners, the media, and the public. Additionally, the Health Officer is required to help identify priorities and emerging trends, communicate health data and information in a variety of settings, and assist with planning for and response to bioterrorism and other public health emergencies. In coordination with communications personnel, the Health Officer will often act as spokesperson and media contact for the local health jurisdiction. The Health Officer is also expected to work closely and communicate regularly with the medical community and other community groups to build credibility for public health. Director and Board of Health provide direction in terms of broadly defined missions, functions and policy direction. Candidate has total responsibility for their work. Results of work are considered to be technically authoritative and are normally accepted without significant change. Work may be reviewed for fulfillment of provisions set forth under state law for local health officers, as well as organizational and policy objectives, effect/advice, influence, and contribution to meeting the community's needs. Essential Job Functions • Provides medical/clinical oversight in the investigation of community concerns, reported or suspected cases or perceived clusters of diseases or conditions considered a threat to public health. • Provides medical/clinical oversight in the investigation of reported or suspected cases or perceived clusters of communicable (infectious)diseases or conditions considered a threat to public health. Determines appropriate action including initiating disease prevention and infection control. Provides professional and technical assistance and/or direction in surveillance activities,unusual or particularly sensitive cases. • Develops and issues time-sensitive Health Officer Orders and enforces public health statutes, rules and regulations of the State Board of Health and State Department of Health and local health rules, regulations, and ordinances. Emphasis is on communicable disease control and environmental health. • Provides guidance on infectious diseases with community physicians and medical providers, infection control practitioners, agency staff, and other providers for the purpose of enhancing surveillance of communicable disease and optimizing timely response. • Develops and issues public health advisories to medical providers, hospitals,community agencies, and the public. • Serves as the Local Registrar for registering births and deaths in Mason County. • Designs,performs and/or oversees studies of potential threats to public health and presents findings and recommendations to the Board of Health. • Identifies emerging medical and environmental issues and confers withand makes recommendations to appropriate staff onhealth-related issues. • Participates in assessing the health status of the community. Provides oversight on comprehensive studies of potentially systemic threats to public health; researches,analyzes , compiles, prepares and presents conclusions, reports and recommended actions. Evaluates the causes of communicable diseases; determines appropriate evaluation and intervention strategies. • Participates in the regular and systematic review of unexpected deaths among infants and children and actively participates to identify risk factors and preventive strategies. • Writes, reviews, and/or revises standing orders and protocols and provides advice for clinical services such as tuberculosis treatment. • Participates in administrative appeals regarding environmental health permitdenials. • Provides medical direction during public health emergencies;assures public is protected from diseases; assures isolation, quarantine and other control measures are ordered and implemented in accordance with state RCWs and WACs. • Acts as a visible public voice in the community for sound medical practices, emerging infectious diseases, emergency preparedness, and local public health policy, and promotes optimum public health/preventive efforts through presentations to professional,civic and lay groups. • Responds to public inquiries and requests regarding public health practices, policies, emergencies, recommendations, and guidance. • In close coordination with the Board and the Administrator, works with legislators, interest groups(e.g.,Washington State Medical Association), and others on regulatory and financial initiatives. • Performs other duties as assigned. Compensation: 1. Agreement Amounts The contracted agreed-upon amount is $6000 per month, $72,000 per year. 2. Requests for Payment: A. At a minimum a monthly invoice is to include: the performance period; date of submission; CONTRACTOR's name, remittance address, and phone number; invoice total; and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Casey Bingham, Finance Manager caseyb(a)co.mason.wa.us C. Payment will be made to CONTRACTOR within thirty (30)days of the receipt of a complete and accurate invoice. 12 C A Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mike Collins,PE,Deputy Director/County Ext.450 Engineer Department: Public Works Briefing: ❑x Action Agenda: ❑x Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 1,2024 Agenda Date: April 9, 2024 Internal Review: ❑ Finance ❑ Human Resources ❑x Legal ❑ Information Technology ❑ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board's Use Only: Item Number: Approved: ❑ Yes ❑No ❑ Tabled❑No Action Taken Ordinance/Resolution No. Contract No. County Code: Item: Interlocal Agreement for Public Works Reimbursable Work, Supplies and Services with local Fire Districts and Grapeview School District Background/Executive Summary: Public Works recently worked with our legal and risk management departments to update our interlocal service agreements(ILA). These updates include language acknowledging annual cost adjustments for fuel and services, updated liability terms, and clauses for those participating fire districts in a snowplow pilot program. Per current service agreements,the agreements remained in effect until either party terminates with written notice. Notices were sent out and the following fire and school districts wish to continue using Public Works services. Central Mason Fire-EMS Mason County Fire District 12 West Mason Fire Authority Grapeview School District Hoodsport Fire&EMS Budget Impact• Services are through a cost reimbursement basis. Public Outreach: N/A Requested Action: Request the Board authorize the Chair to sign interlocal agreements between Mason County Public Works and Central Mason Fire-EMS,West Mason Fire Authority, Hoodsport Fire&EMS,Mason County Fire District 12 and Grapeview School District. Attachments: 1. ILA Agreements INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND CENTRAL MASON FIRE-EMS FOR PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK, SUPPLIES AND SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the 9 _day of April , 2024, by and between Central Mason Fire-EMS (hereinafter referred to as CMFE)and Mason County(hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies,and WHEREAS,the CMFE has expressed interest in an Interlocal agreement with the COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable work,supplies, and services (including emergency assistance). WHEREAS,the COUNTY has expressed interest whereby CMFE will provide occasional winter snowplow assistance utilizing CMFE vehicle equipped with a COUNTY- owned plow. NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to a) provide the above-mentioned services to the CMFE when a work request has been approved by both parties, and b)the CMFE to provide occasional winter snowplow assistance. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES'representatives are as follows: To Mason COUNTY: To CMFE: Dept. of Public Works Central Mason Fire-EMS 100 W Public Works Drive 122 W Franklin Street Shelton, WA 98584 PO BOX 277 Shop/Fuel Station Services: Shelton,WA 98584 Attn:Pete Medcalf Attn: Jeff Snyder Email:pmedcalf@masoncountywa.gov Phone: 360-426-5533 Other Services: Email:jsnyder@cmfe.org Attn: Jeremy Seymour Phone: (360)427-9670,Ext. 450 Email:jeremys@,p2asoncountywa.gov Agreement No. Page 1 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and the CMFE and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to the OTHER PARTY. 4. WORK REQUESTS: The CMFE will normally request work from the COUNTY Road Operations&Maintenance Manager,Jeremy Seymour and/or ER&R Supervisor,Pete Medcalf. The request shall be made by an authorized representative of the CMFE by e-mail,fax or mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the CMFE. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the CMFE'S representative, giving due consideration to the immediacy of the CMFE'S need and workload of the COUNTY. 6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of documentation and reporting of all maintenance work and service work. Notification of shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of the new rates. Fees do not include Washington State sales tax which will be added to each invoice. In addition,the CMFE is to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in the manner set forth below: a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to the CMFE. b) The cost of parts the COUNTY has in stock or are billed to the CMFE. This cost for parts and all labor services provided by the COUNTY will be directly billed. c) Fluids used and replaced will be billed at the normal rates paid by the CMFE plus a percentage mark-up set yearly,as well as fluid accountability requirements and any required disposal charges incurred by the COUNTY. d) Pick-up and delivery charges will be directly paid by the CMFE to the entity providing such services.For example, if towing is required,the CMFE will pay the towing company directly. Any services required after normal shop hours will be billed at overtime rates. Field repairs normally will include shop truck costs. Payment is due upon receipt of invoice and payment shall be expected in thirty (30)days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. FUEL STATION SERVICES: The COUNTY and the CMFE agree to the following when using the fuel station: a) The CMFE maybe permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. Agreement No. Page 2 c) The CMFE may have twenty-four-hour access to the fueling facility by special key card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as charged to Mason COUNTY (price of fuel is adjusted on a weekly basis)with a percentage per gallon of fuel surcharge in addition to the fuel price for administrative and maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY ER&R Supervisor. d) The CMFE agrees to accept responsibility for the use of and charges to issued account number. e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and time of purchase,product quantity,cost and cards used. Payment is requested within 30- days. 8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and the CMFE agree to the following when using this service: a) The CMFE shall pay the COUNTY all actual costs (direct and indirect)for requested services;an estimate will be provided by the COUNTY to the CMFE agree to the following when using this service: if requested. b) The COUNTY shall invoice the CMFE agree to the following when using this service: detailing time and/or materials used by the COUNTY. c) Payment is due upon receipt of the invoice and payment shall be expected in thirty (30) days from the date of invoice. Invoices and payments are to be sent to the address and one of the representatives referred to in section 2. 9. SNOW PLOW SERVICES PROVIDED BY CMFE: a) The COUNTY shall provide the CMFE a plow and upfit the CMFE vehicle at no charge. The COUNTY shall retain ownership of the plow. b) The COUNTY shall provide training to the CMFE prior to placing in service, including instructions for plow installation/removal,plow operation, and equipment safety check. c) The CMFE,to the fullest extent permissible by law, shall be solely responsible for any liability associated with performing plowing operations. The CMFE shall be liable for any damage to the plow and upfit equipment caused by the CMFE. d) The CMFE shall provide the COUNTY with a Certificate of Insurance demonstrating Commercial General Liability coverage of at least$1 million per occurrence,$2 million aggregate; auto liability of$2 million per occurrence, $4 million aggregate; and statutory workers compensation limits. e) The CMFE shall ensure that operators are subject to regular driver record checks and properly licensed to operate. f) The CMFE shall communicate with the COUNTY when they initiate any work on a County road. 10. HOLD HARMLESS AND INDEMNIFICATION: (A.)The CMFE agree to the following when using this service: shall hold harmless, indemnify and defend the COUNTY, its officers, officials,employees and agents,from and against any and all claims, actions, suits, liability, loss,expenses,damages, and judgments of any nature whatsoever,Including costs and attorney's fees in defense thereof,for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CMFE'S acts, errors or omissions in the Agreement No. Page 3 I performance of this AGREEMENT. PROVIDED HOWEVER,that the CMFE'S obligation there under shall not extend to injury, sickness, death or damage caused by or arising out if the sole negligence of the COUNTY, its officers, officials,employees or agents. PROVIDED FURTHER,that in the event of the concurrent negligence of the PARTIES,the CMFE'S obligations hereunder shall apply only to the percentage of fault attributable to the CMFE, its employees or agents. (B.). With respect to the CMFE'S obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims, actions or suits filed against the COUNTY,the CMFE further agrees to waive its immunity under the State Industrial Insurance Law,Title 51,RCW, for any injury or death suffered by the CMFE'S employees caused by or arising out of the CMFE'S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.) The CMFE'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by the CMFE, the CMFE'S employees, agents or subcontractors. 11. ASSIGNMENT,DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws,rules and regulations in performing this AGREEMENT. 13. NON-DISCRIMINATION POLICY: The COUNTY and the CMFE agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical,mental sensory handicap, or other status protected by law. 14. FILING:This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this Q , day of April ,2024. Agreement No. Page 4 BOARD OF COUNTY COMMISSIONERS CENTRAL MASON FIRE-EMS MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON Jeffrey S. Snyder Chair By ATTEST: Si a e Clerk of the Board Fire Chief Title APPROVED AS TO FORM: Ch. DPA RECOMMENDING APPROVAL: COUNTY Engineer Agreement No. Page 5 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND WEST MASON FIRE FOR PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK, SUPPLIES AND SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington,on the day of , 2024,by and between West Mason Fire (hereinafter referred to as DISTRICT) and Mason County(hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS,the DISTRICT has expressed interest in an Interlocal agreement with the COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable work, supplies,and services (including emergency assistance). WHEREAS,the COUNTY has expressed interest whereby DISTRICT will provide occasional winter snowplow assistance utilizing DISTRICT vehicle equipped with a COUNTY- owned plow. NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to a)provide the above-mentioned services to the DISTRICT when a work request has been approved by both parties, and b)the DISTRICT to provide occasional winter snowplow assistance. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES' representatives are as follows: To Mason COUNTY: To DISTRICT: Dept. of Public Works West Mason Fire 100 W Public Works Drive 4650 W Dayton Airport Road Shelton,WA 98584 Shelton, WA 98584 Shop/Fuel Station Services: Attn: Matthew Welander Attn: Pete Medcalf Phone: 360-426-7343 Email: pmedcalf masoncountywa.gov Email: mwelander@mcfdl6.com Other Services: Attn: Jeremy Seymour Phone: (360) 427-9670, Ext. 450 Email: ieremys@masoncountvwa.gov Agreement No. Page 1 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and the DISTRICT and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to the OTHER PARTY. 4. WORK REQUESTS: The DISTRICT will normally request work from the COUNTY Road Operations&Maintenance Manager,Jeremy Seymour and/or ER&R Supervisor,Pete Medcal£ The request shall be made by an authorized representative of the DISTRICT by e-mail, fax or mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the DISTRICT. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the DISTRICT'S representative, giving due consideration to the immediacy of the DISTRICT'S need and workload of the COUNTY. 6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of documentation and reporting of all maintenance work and service work. Notification of shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of the new rates. Fees do not include Washington State sales tax which will be added to each invoice. In addition, the DISTRICT is to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in the manner set forth below: a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to the DISTRICT. b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT. This cost for parts and all labor services provided by the COUNTY will be directly billed. c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT plus a percentage mark-up set yearly, as well as fluid accountability requirements and any required disposal charges incurred by the COUNTY. d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity providing such services. For example, if towing is required, the DISTRICT will pay the towing company directly. Any services required after normal shop hours will be billed at overtime rates. Field repairs normally will include shop truck costs. Payment is due upon receipt of invoice and payment shall be expected in thirty(30)days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. FUEL STATION SERVICES: The COUNTY and the DISTRICT agree to the following b when using the fuel station: a) The DISTRICT maybe permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. Agreement No. Page 2 c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as charged to Mason COUNTY(price of fuel is adjusted on a weekly basis) with a percentage per gallon of fuel surcharge in addition to the fuel price for administrative and maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY ER&R Supervisor. d) The DISTRICT agrees to accept responsibility for the use of and charges to issued account number. e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and time of purchase,product quantity, cost and cards used. Payment is requested within 30- days. 8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and the DISTRICT agree to the following when using this service: a) The DISTRICT shall pay the COUNTY all actual costs(direct and indirect) for requested services; an estimate will be provided by the COUNTY to the DISTRICT agree to the following when using this service: if requested. b) The COUNTY shall invoice the DISTRICT agree to the following when using this service: detailing time and/or materials used by the COUNTY. c) Payment is due upon receipt of the invoice and payment shall be expected in thirty(30) days from the date of invoice. Invoices and payments are to be sent to the address and one of the representatives referred to in section 2. 9. SNOW PLOW SERVICES PROVIDED BY DISTRICT: a) The COUNTY shall provide the DISTRICT a plow and upfit the DISTRICT vehicle at no charge. The COUNTY shall retain ownership of the plow. b) The COUNTY shall provide training to the DISTRICT prior to placing in service, including instructions for plow installation/removal,plow operation, and equipment safety check. c) The DISTRICT,to the fullest extent permissible by law, shall be solely responsible for any liability associated with performing plowing operations. The DISTRICT shall be liable for any damage to the plow and upfit equipment caused by the DISTRICT. d) The DISTRICT shall provide the COUNTY with a Certificate of Insurance demonstrating Commercial General Liability coverage of at least$1 million per occurrence, $2 million aggregate; auto liability of$2 million per occurrence, $4 million aggregate; and statutory workers compensation limits. e) The DISTRICT shall ensure that operators are subject to regular driver record checks and properly licensed to operate. f) The DISTRICT shall communicate with the COUNTY when they initiate any work on a County road. 10. HOLD HARMLESS AND INDEMNIFICATION: (A.)The DISTRICT agree to the following when using this service: shall hold harmless, indemnify and defend the COUNTY, its officers, officials,employees and agents, from and against any and all claims, actions, suits, liability, loss,expenses,damages, and judgments of any nature whatsoever,Including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to Agreement No. Page 3 i property or business, caused by or arising out of the DISTRICT'S acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER,that the DISTRICT'S obligation there under shall not extend to injury, sickness,death or damage caused by or arising out if the sole negligence of the COUNTY,its officers, officials, employees or agents. PROVIDED FURTHER,that in the event of the concurrent negligence of the PARTIES,the DISTRICT'S obligations hereunder shall apply only to the percentage of fault attributable to the DISTRICT,its employees or agents. (B.). With respect to the DISTRICT'S obligations to hold harmless,indemnify and defend provided for herein,but only as such obligations relate to claims, actions or suits filed against the COUNTY,the DISTRICT further agrees to waive its immunity under the State Industrial Insurance Law,Title 51, RCW, for any injury or death suffered by the DISTRICT 'S employees caused by or arising out of the DISTRICT 'S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.) The DISTRICT 'S obligations hereunder shall include, but are not limited to,investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by the DISTRICT,the DISTRICT'S employees, agents or subcontractors. 11. ASSIGNMENT,DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws,rules and regulations in performing this AGREEMENT. 13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical,mental sensory handicap, or other status protected by law. 14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this , day of , 2024. I Agreement No. Page 4 BOARD OF COUNTY COMMISSIONERS WEST MASON FIRE MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON Trevor Severance Chair By i ATTEST: ature Clerk of the Board Commission Chair Title APPROVED AS TO FORM: Ch. DPA RECOMMENDING APPROVAL: COUNTY Engineer Agreement No. Page 5 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND HOODSPORT FIRE & EMS FOR PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK, SUPPLIES AND SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of , 2024,by and between Hoodsport Fire &EMS (hereinafter referred to as DISTRICT) and Mason County(hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS,the DISTRICT has expressed interest in an Interlocal agreement with the COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable work, supplies, and services (including emergency assistance). WHEREAS, the COUNTY has expressed interest whereby DISTRICT will provide occasional winter snowplow assistance utilizing DISTRICT vehicle equipped with a COUNTY- owned plow. NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: I. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to a) provide the above-mentioned services to the DISTRICT when a work request has been approved by both parties, and b)the DISTRICT to provide occasional winter snowplow assistance. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES' representatives are as follows: To Mason COUNTY: To DISTRICT: Dept. of Public Works Hoodsport Fire & EMS 100 W Public Works Drive 240 N Standstill Drive South Shelton, WA 98584 Hoodsport, WA 98548 Shop/Fuel Station Services: Attn: Michael Sexton Attn: Pete Medcalf Phone: 360-490-2225 Email: pmedcalf(c�r�,masoncountywa.gov Email: msexton@hoodsportfire.org Other Services: Attn: Jeremy Seymour Phone: (360)427-9670, Ext. 450 Email:jeremyskmasoncountywa.gov Agreement No. Page 1 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and the DISTRICT and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to the OTHER PARTY. 4. WORK REQUESTS: The DISTRICT will normally request work from the COUNTY Road Operations &Maintenance Manager, Jeremy Seymour and/or ER&R Supervisor, Pete Medcal£ The request shall be made by an authorized representative of the DISTRICT by e-mail, fax or mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the DISTRICT. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the DISTRICT'S representative, giving due consideration to the immediacy of the DISTRICT'S need and workload of the COUNTY. 6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of documentation and reporting of all maintenance work and service work. Notification of shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of the new rates. Fees do not include Washington State sales tax which will be added to each invoice. In addition,the DISTRICT is to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and delivery,plus any marls-up as described below. Expenses outlined herein shall be paid by the in the manner set forth below: a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to the DISTRICT. b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT. This cost for parts and all labor services provided by the COUNTY will be directly billed. c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT plus a percentage marls-up set yearly, as well as fluid accountability requirements and any required disposal charges incurred by the COUNTY. d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity providing such services. For example, if towing is required,the DISTRICT will pay the towing company directly. Any services required after normal shop hours will be billed at overtime rates. Field repairs normally will include shop truck costs. Payment is due upon receipt of invoice and payment shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. FUEL STATION SERVICES: The COUNTY and the DISTRICT agree to the following when using the fuel station: a) The DISTRICT may be permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. Agreement No. Page 2 c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as charged to Mason COUNTY(price of fuel is adjusted on a weekly basis)with a percentage per gallon of fuel surcharge in addition to the fuel price for administrative and maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY ER&R Supervisor. d) The DISTRICT agrees to accept responsibility for the use of and charges to issued account number. e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and time of purchase,product quantity, cost and cards used. Payment is requested within 45- days. 8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and the DISTRICT agree to the following when using this service: a) The DISTRICT shall pay the COUNTY all actual costs (direct and indirect) for requested services; an estimate will be provided by the COUNTY to the DISTRICT agree to the following when using this service: if requested. b) The COUNTY shall invoice the DISTRICT agree to the following when using this service: detailing time and/or materials used by the COUNTY. c) Payment is due upon receipt of the invoice and payment shall be expected in forty-five (45) days from the date of invoice. Invoices and payments are to be sent to the.address and one of the representatives referred to in section 2. d) WARRANTY. Unless otherwise agreed to by the DISTRICT by written e-mail, COUNTY warrants that all goods and services under this Agreement are new, are merchantable, of good workmanship, free from defect, and are fit for the intended purpose for which such goods are ordinarily employed. COUNTY will repair or replace any new parts (except parts not covered by a manufacturer warranty such as electrical parts) or redo any labor which fails in normal service due to defects in parts or labor if notified within 90 days. This warranty does not cover loss of time, use, inconvenience, normal wear, abuse, used parts or other matters not specified and COUNTY shall not be liable for any consequential, incidental or commercial damages related to the Preventative Maintenance and Repair work in excess of the costs of the specific repairs. No warranty, whether expressed or implied, extends beyond 90 days. Except to the extent caused by negligence or willful misconduct of the DISTRICT or its personnel, COUNTY is responsible for any damage, destruction, or theft of any Apparatus while in the possession of COUNTY or at COUNTY apparatus maintenance shop. 9. SNOW PLOW SERVICES PROVIDED BY DISTRICT: a) The COUNTY shall provide the DISTRICT a plow and upfit the DISTRICT vehicle at no charge. The COUNTY shall retain ownership of the plow. b) The COUNTY shall provide training to the DISTRICT prior to placing in service, including instructions for plow installation/removal,plow operation, and equipment safety check. c) The DISTRICT,to the fullest extent permissible by law, shall be solely responsible for any liability associated with performing plowing operations. The DISTRICT shall be liable for any damage to the plow and upfit equipment caused by the DISTRICT. Agreement No. Page 3 d) The DISTRICT shall provide the COUNTY with a Certificate of Insurance demonstrating Commercial General Liability coverage of at least$1 million per occurrence, $2 million aggregate; auto liability of$2 million per occurrence, $4 million aggregate; and statutory workers compensation limits. e) The DISTRICT shall ensure that operators are subject to regular driver record checks and properly licensed to operate. f) The DISTRICT shall communicate with the COUNTY when they initiate any work on a County road. 10. HOLD HARMLESS AND INDEMNIFICATION: (A.)Each Party agrees to the following for the services provided under this Agreement: shall hold harmless, indemnify and defend the other party, its officers, officials,employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever,Including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the party's acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER,that each party's obligation there under shall not extend to injury, sickness, death or damage caused by or arising out of the negligence of the other party, its officers, officials, employees or agents. PROVIDED FURTHER,that in the event of the concurrent negligence of the PARTIES,the other party's obligations hereunder shall apply only to the percentage of fault attributable to the negligent party, its employees or agents. (B.). With respect to the parry's obligations to hold harmless, indemnify and defend provided for herein,but only as such obligations relate to claims, actions or suits filed against then other party, each further agrees to waive its immunity under the State Industrial Insurance Law, Title 51,RCW, for any injury or death suffered by the that parry's employees caused by or arising out of that party's acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.)Each party's obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by that party,that parry's employees, agents or subcontractors. 11. ASSIGNMENT,DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws, rules and regulations in performing this AGREEMENT. 13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. Agreement No. Page 4 DATED this L(, day of1y&Cj 2024. BOARD OF COUNTY COMMISSIONERS HOODSPORT FIRE &EMS MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON Chair By ATTEST: Signature Clerk of the Board Title APPROVED AS TO FORM: Ch. DPA RECOMMENDING APPROVAL: COUNTY Engineer Agreement No. Page 5 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND MASON COUNTY FIRE DISTRICT 12 FOR PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK, SUPPLIES AND SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of 2024,by and between Mason County Fire District 12 (hereinafter referred to as DISTRICT) and Mason County (hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS,the DISTRICT has expressed interest in an Interlocal agreement with the COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable work, supplies, and services (including emergency assistance). WHEREAS, the COUNTY has expressed interest whereby DISTRICT will provide occasional winter snowplow assistance utilizing DISTRICT vehicle equipped with a COUNTY- owned plow. NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to a) provide the above-mentioned services to the DISTRICT when a work request has been approved by both parties, and b)the DISTRICT to provide occasional winter snowplow assistance. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES' representatives are as follows: To Mason COUNTY: To DISTRICT: Dept. of Public Works Mason County Fire District 12 100 W Public Works Drive 2950 W Matlock Brady Road Shelton, WA 98584 PO BOX 102 Shop/Fuel Station Services: Matlock, WA 98560 Attn: Pete Medcalf Attn: Bryan Walsworth Email: pmedcalf(c�r�,masoncountywa.gov Phone: 360-426-0451 Other Services: Email: mcfdl2ems@gmail.com Attn: Jeremy Seymour Phone: (360)427-9670, Ext. 450 Email:jeremy@masoncountywa.gov Agreement No. Page 1 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and the DISTRICT and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to the OTHER PARTY. 4. WORK REQUESTS:The DISTRICT will normally request work from the COUNTY Road Operations&Maintenance Manager.Jeremy Seymour and/or ER&R Supervisor,Pete Medcalf. The request shall be made by an authorized representative of the DISTRICT by e-mail, fax or mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the DISTRICT. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the DISTRICT'S representative,giving due consideration to the immediacy of the DISTRICT'S need and workload of the COUNTY. 6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the nearest 15 minutes. The shop rate for service is an hourly rate set yearly,which is inclusive of documentation and reporting of all maintenance work and service work. Notification of shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of the new rates. Fees do not include Washington State sales tax which will be added to each invoice. In addition,the DISTRICT is to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in the manner set forth below: a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to the DISTRICT. b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT.This cost for parts and all labor services provided by the COUNTY will be directly billed. c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT plus a percentage mark-up set yearly, as well as fluid accountability requirements and any required disposal charges incurred by the COUNTY. d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity providing such services.For example,if towing is required,the DISTRICT will pay the towing company directly. Any services required after normal shop hours will be billed at overtime rates. Field repairs normally will include shop truck costs. Payment is due upon receipt of invoice and payment shall be expected in thirty(30)days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. FUEL STATION SERVICES: The COUNTY and the DISTRICT agree to the following when using the fuel station: a) The DISTRICT may be permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. Agreement No. Page 2 c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as charged to Mason COUNTY(price of fuel is adjusted on a weekly basis)with a percentage per gallon of fuel surcharge in addition to the fuel price for administrative and maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY ER&R Supervisor. d) The DISTRICT agrees to accept responsibility for the use of and charges to issued account number. e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and time of purchase,product quantity,cost and cards used. Payment is requested within 30- days. 8. ALL OTHER REQUEST WORK,SUPPLIES OR SERVICES: The COUNTY and the DISTRICT agree to the following when using this service: a) The DISTRICT shall pay the COUNTY all actual costs(direct and indirect)for requested services;an estimate will be provided by the COUNTY to the DISTRICT agree to the following when using this service: if requested. b) The COUNTY shall invoice the DISTRICT agree to the following when using this service: detailing time and/or materials used by the COUNTY. c) Payment is due upon receipt of the invoice and payment shall be expected in thirty(30) days from the date of invoice. Invoices and payments are to be sent to the address and one of the representatives referred to in section 2. 9. SNOW PLOW SERVICES PROVIDED BY DISTRICT: a) The COUNTY shall provide the DISTRICT a plow and upfit the DISTRICT vehicle at no charge. The COUNTY shall retain ownership of the plow. b) The COUNTY shall provide training to the DISTRICT prior to placing in service, including instructions for plow installationlremoval,plow operation, and equipment safety check. c) The DISTRICT,to the fullest extent permissible by law,shall be solely responsible for any liability associated with performing plowing operations. The DISTRICT shall be liable for any damage to the plow and upfit equipment caused by the DISTRICT. d) The DISTRICT shall provide the COUNTY with a Certificate of Insurance demonstrating Commercial General Liability coverage of at least$1 million per occurrence,$2 million aggregate;auto liability of$2 million per occurrence, $4 million aggregate;and statutory workers compensation limits. e) The DISTRICT shall ensure that operators are subject to regular driver record checks and properly licensed to operate. f) The DISTRICT shall communicate with the COUNTY when they initiate any work on a County road. 10. HOLD HARMLESS AND INDEMNIFICATION: (A.)The DISTRICT agree to the following when using this service: shall hold harmless, indemnify and defend the COUNTY,its officers, officials,employees and agents,from and against any and all claims,actions,suits, liability, loss,expenses,damages,and judgments of any nature whatsoever,Including costs and attorney's fees in defense thereof, for injury,sickness,disability or death to persons or damage to Agreement No._ Page 3 property or business, caused by or arising out of the DISTRICT'S acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER, that the DISTRICT'S obligation there under shall not extend to injury, sickness, death or damage caused by or arising out if the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the DISTRICT'S obligations hereunder shall apply only to the percentage of fault attributable to the DISTRICT, its employees or agents. (B.). With respect to the DISTRICT 'S obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims, actions or suits filed against the COUNTY, the DISTRICT further agrees to waive its immunity under the State Industrial Insurance Law, Title 51, RCW, for any injury or death suffered by the DISTRICT 'S employees caused by or arising out of the DISTRICT 'S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.) The DISTRICT 'S obligations hereunder shall include,but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by the DISTRICT, the DISTRICT'S employees, agents or subcontractors. 11. ASSIGNMENT, DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws, rules and regulations in performing this AGREEMENT. 13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this , day of , 2024. Agreement No. Page 4 BOARD OF COUNTY COMMISSIONERS MASON COUNTY FIRE DISTRICT 12 MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON Chair By ATTEST: ZZZ--7 Clerk of the Board _teq-�; Title APPROVED AS TO FORM: Ch. DPA RECOMMENDING APPROVAL: COUNTY Engineer Agreement No. Page 5 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND GRAPEVIEW SCHOOL DISTRICT FOR PUBLIC WORKS DEPARTMENT REIMBURSABLE WORK, SUPPLIES AND SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of , 2024, by and between Grapeview School District (hereinafter referred to as DISTRICT) and Mason COUNTY(hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS,the DISTRICT has expressed interest in an Interlocal agreement with the COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable work, supplies, and services (including emergency assistance). NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to provide the above-mentioned services to the DISTRICT when a work request has been approved by both parties. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an AGREEMENT representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES'representatives are as follows: To Mason COUNTY: To DISTRICT: Dept. of Public Works Grapeview School District 100 W Public Works Drive 822 E Mason Benson Road Shelton, WA 98584 Grapeview, WA 98546 Shop/Fuel Station Services: Attn: Gerry Grubbs Attn: Pete Medcalf Phone: 360-426-4921 Email: pmedcalf&masoncountywa.gov Email: ggrubbs@gsd54.org Other Services: Attn: Jeremy Seymour Phone: (360)427-9670, Ext. 450 Email:jere!nys&masoncountywa.gov 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both COUNTY and DISTRICT and shall remain in effect until EITHER PARTY terminates by giving ten days written notice to the OTHER PARTY. Agreement No. Page 1 4. WORK REQUESTS: The DISTRICT will normally request work from the COUNTY Road Operations & Maintenance Manager, Jeremy Sew and/or ER&R Supervisor, Pete Medcalf. The request shall be made by an authorized representative of the DISTRICT by e-mail, fax or mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the DISTRICT. 5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the DISTRICT'S representative, giving due consideration to the immediacy of the DISTRICT'S need and workload of the COUNTY. 6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of documentation and reporting of all maintenance work and service work. Notification of shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of the new rates. Fees do not include Washington State sales tax which will be added to each invoice. In addition, the DISTRICT is to pay for all parts provided by the COUNTY from COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in the manner set forth below: a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to the DISTRICT. b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT. This cost for parts and all labor services provided by the COUNTY will be directly billed. c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT plus a percentage mark-up set yearly, as well as fluid accountability requirements and any required disposal charges incurred by the COUNTY. d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity providing such services. For example, if towing is required, the DISTRICT will pay the towing company directly. Any services required after normal shop hours will be billed at overtime rates. Field repairs normally will include shop truck costs. Payment is due upon receipt of invoice and payment shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in section 2. 7. FUEL STATION SERVICES: The COUNTY and DISTRICT agree to the following when using the fuel station: a) The DISTRICT may be permitted to fuel its vehicles utilizing the facility maintained by the COUNTY at the Public Works Facility. b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin numbers. c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as charged to Mason COUNTY (price of fuel is adjusted on a weekly basis)with a percentage per gallon of fuel surcharge in addition to the fuel price for administrative and Agreement No. Page 2 maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY ER&R Supervisor. d) DISTRICT agrees to accept responsibility for the use of and charges to issued account number. e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and time of purchase,product quantity, cost and cards used. Payment is requested within 30- days. 8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and DISTRICT agree to the following when using this service: a) The DISTRICT shall pay the COUNTY all actual costs (direct and indirect) for requested services; an estimate will be provided by the COUNTY to the DISTRICT if requested. b) The COUNTY shall invoice the DISTRICT detailing time and/or materials used by the COUNTY. c) Payment is due upon receipt of the invoice and payment shall be expected in thirty (30) days from the date of invoice. Invoices and payments are to be sent to the address and one of the representatives referred to in section 2. 9. HOLD HARMLESS AND INDEMNIFICATION: (A.) The DISTRICT shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, Including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the DISTRICT'S acts, errors or omissions in the performance of this AGREEMENT. PROVIDED HOWEVER, that the DISTRICT 'S obligation there under shall not extend to injury, sickness, death or damage caused by or arising out if the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the DISTRICT 's obligations hereunder shall apply only to the percentage of fault attributable to the DISTRICT, its employees or agents. (B.). With respect to the DISTRICT 'S obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims, actions or suits filed against the COUNTY, the DISTRICT further agrees to waive its immunity under the State Industrial Insurance Law, Title 51, RCW, for any injury or death suffered by the DISTRICT 'S employees caused by or arising out of the DISTRICT 'S acts, errors or omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.) The DISTRICT 'S obligations hereunder shall include,but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breech of any common law, statutory or other delegated duty by the DISTRICT, the DISTRICT 's employees, agents or subcontractors. 11. ASSIGNMENT, DELEGATION AND SUBCONTRACTING: The PARTIES shall perform the terms of the AGREEMENT using only their bona fide employees or agents. 12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws, rules and regulations in performing this AGREEMENT. Agreement No. Page 3 13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this day of , 2024 BOARD OF COUNTY COMMISSIONERS GRAPEVIEW SCHOOL DISTRICT MASON COUNTY, WASHINGTON MASON COUNTY, WASHINGTON Randy Neatherlin, Chair By ATTEST: Signatu McKenzie Smith, Clerk of the Board Title APPROVED AS TO FORM: Tim Whitehead, Ch. DPA RECOMMENDING APPROVAL: Mike Collins, County Engineer Agreement No. Page 4 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ❑ Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 22,2024 Agenda Date: April 23,2024 Internal Review: ❑X 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• ARPA—$50,000 of the remaining funds from the Mason County Fiber Upgrade to be reallocated to Mason County Sheriffs Office Command Vehicle Upfit. Background/Executive Summary: The American Rescue Plan Act(ARPA)of 2021 provides$350 billion in emergency funding for eligible state, local,territorial,and tribal governments to respond to the COVID-19 emergency and bring back jobs. The US Treasury has given Mason County$12,968,901 of the ARPA grant money. The funds came in two installments and must be obligated by 12/31/2024 and expended by 12/31/2026.Below are the projects that Mason County has obligated to receive funds as of 6/30/2023 (the remaining funds are reserved for grant administration): First Installment: PUD 1 Customer Arrearages due to COVID$125,000($100,000 Reallocated to HCC Eldon Fiber Buildout) HCC Customer Arrearages due to COVID$110,000 Mason County Treasurer Property Tax Reimbursement-individual households$125,000 Mason County Treasurer Property Tax Reimbursement- small businesses$75,000 EDC Small Business Grants$500,000 Crossroads Housing for Assistance to Homeless Veterans$10,000 Mason County Housing Authority Rent Arrearages$100,000 The Are of the Peninsulas$35,000 Signing Bonus for Corrections Deputies$30,000 MCSO Body Cameras&Install$742,364 PUD 3 Belfair Substation$1,500,000 Public Records Software GovQA$22,700 Mason County Prosecutors Office 2nd floor expansion$75,000 Mason County Jail Elevator Doors$80,000 PUD 1 Agate Beach Water System Mainline$559,000 PUD 1 Vuecrest Storage Upgrade Phase 1 &2$158,284 CEDS Belfair Water New Well for Commercial Core UGA$450,000 HCC Colony Surf Fiber Buildout$313,556 HCC Eldon Fiber Buildout$601,932 C Mason County Agenda Request Form Y /A t! Mason County IT Infrastructure Backbone/Storage upgrade$136,261 Public Works-Beards Cove AC Mainline Replacement$100,000 Public Works-Belfair PS#1 Improvement Project$150,000 Public Works-Belfair PS#3 Improvement Project$180,000($90,00 Reallocated to Mason County Utility Arrearages) Public Works-Lakeland Pump Station$42,000 Public Works-70 Grinder Pumps$151,273 Port of Allyn Water Company$100,000 Washington State Association of Counties 2022 Dues$4,000 Mason County Utility Arrearages$90,000 Total Obligated First Installment: $6,376,370 Second Installment: Belfair Sewer Extension$1,500,000 Mason County Fiber Optic Upgrade$425,000 Belfair Water Backup Generators $300,000 PUD#1 Vuecrest Storage Phase#3 $750,000 Belfair Sewer Log Yard Road Extension Design$250,000 Eels Hill Yard Goats$240,000 North Mason Fire Mobile Integrated Health Program Startup$337,000 Mason County Housing Authority Unit Renovations$750,000 DCD Records Archival& Scanning Project$542,000 Shelton Young Adult Transitional Housing Project$722,000 Mason County Emergency&Disaster Response Center$50,667 Mason County Sheriff's Office Bearcat$342,000 Camp Sluys Youth Camp$30,000 Community Lifeline$34,790 Total Obligated Second Installment: $6,273,457 Grand Total Obligated ARPA Funds: $12,649,827 On Monday,April 8111,2024,The Board of County Commissioners agreed to reallocate$50,000 of the remaining funds from the Mason County downtown campus fiber upgrade project to the Mason County Sherriff s Command Vehicle Upfit project. Budget Impact(amount, funding source,budget amendment): N/A Public Outreach (news release,community meeting, etc.): None Requested Action: Approval to reallocate$50,000 of ARPA funds to the Mason County Sheriff's Office Command Vehicle Upfit project from the Mason County Downtown Campus Fiber Upgrade project. Attachments ARPA Updated Spreadsheet ARPA Projects Status as of March 31,2024 Balance Remaining of Balance BOCC Completed Remaining of Project Contract Mason County Project Name Approved Obligated Expended Projects Open Projects Complete End Date Notes PUD 1 Customer Arrearages due to COVID 25,000 25,000 25,000 Yes 12/31/2024 EDC Small Business Grants 500,000 500,000 500,000 - Yes 12/31/2021 Mason County Housing Authority Rent Arrearages 100,000 100,000 100,000 - Yes 6/30/2024 The Arc of the Peninsulas 35,000 35,000 35,000 - Yes 7/31/2024 Community Lifeline 34,790 34,790 34,790 Yes 6/30/2024 MCSO Body Camera install 40,ODO 40,000 40,000 Yes 14,211 transferred In budget 3/28.Funds transfer on 4/9/2024. Public Records Software GovQA 22,700 22,700 22,700 Yes Eels Hill Yard Goats 240,000 240,000 240,000 Yes MCSO Bearcat/Terradyne 342,000 342,000 342,000 Yes PUD 1 Vuecrest Storage Upgrade Phase 1&2 158,284 158,284 158,284 Yes 12/31/2024 HCCColony Surf Fiber Buildout 313,556 313,556 313,556 Yes 12/31/2024 HCC Eldon Fiber Buildout 601,932 601,932 601,932 Yes 12/31/2024 PW 70 Grinder Pumps 151,273 151,273 151,273 - Yes Port Of Allyn Water Company 100,000 100,000 100,000 7/31/2024 Washington State Association of Counties 2022 Dues 4,000 4,000 4,000 - Yes Mason County Treasurer Property Tax Reim-Individuals 125,000 125,000 125,000 Yes Mason County Treasurer Property Tax Relmb. 75,000 75,000 25,068 $49,932 Reallcoted to MCTreasurer Property Tax Reim,Individuals PUD 3Agate Beach Water System Mainline 559,000 559,000 559,000 Yes 12/31/2024 CEDS Belfair Water New Well for Commercial Core UGA 450,000 450,000 450,000 - Yes 12/31/2024 Belfair Water Backup Generators 300,000 300,000 300,000 6/30/2024 Belfair Sewer Extension 1,500,000 1,500,0D0 1,500,000 - Yes Done-The budget office needs accounting from Public Works MCSO Body Cameras 702,364 702,364 702,364 0 Yes Mason County IT Infrastructure Backbone/Storage upgrade 136,261 136,261 136,098 163 Yes PW Lakeland Pump Station 42,000 42,000 39,433 2,567 Yes Jail Elevator and Doors 80,000 80,000 73,591 6,409 Yes Crossroads Housing for Assistance to Homeless Veterans 10,000 10,000 1,739 8,261 Yes 12/31/2022 PW Belfair PS#3 Improvement Project 90,000 90,000 73,373 16,627 Yes Prosecutors Office 2nd floor expansion(Originally 700,000) 75,ODO 75,000 38,424 36,576 Yes PW Belfair PS#1 Improvement Project 150,ODo 150,000 67,539 82,461 Yes HCC Customer Arrearages due to COVID 110,000 110,000 22,739 87,261 Yes 12/31/2024 Camp Sluys Youth Camp 30,000 30,000 30,000 6/30/2024 The final inspection date is set for 4/2/2024,for occupancy. Shelton Young Adult Transitional Housing Project 722,000 722,000 722,000 6/30/2024 Amendment ready for approval. Mason County Housing Authority Unit Renovation Project 750,000 750,OD0 385,795 364,205 11/30/2023 MCHA returned$364,205.27 to MC by ck#1384 3/14/24 Signing Bonus for Corrections Deputies-up to$30k approved 30,000 30,000 19,240 10,760 They have 9 potential bonuses by the end of 2026.Pay out of GF&Reallocate? Mason County Utility Arrearages 90,000 90,000 79,239 10,761 Not sure if all w/b expended by June of 2024 Mason County Treasurer Property Tax Reim-Individuals 49,932 49,932 20,065 29,867 Not sure if all w/b expended by June of 2024 PW Beards Cove AC Mainline Replacement 100,000 100,000 100,ODO No Update Received-Last update=To bid soon,expected to be constructed this summer Belfair Sewer Log Yard Rd.Extension Design 250,000 250,000 250,000 No Update Received-Last update=Expected to be complete by October of 2024 DCD Records Archival Image 542,000 542,000 159,261 382,739 This project is on track and planned to meet the required deadline.Billing Mid-April Mason County Fiber Optic Infrastructure Upgrade 425,000 425,000 375,DDO 6/30/2024 Project should be done mid-April.Expecting billing then as well.($50,000 reallocated to MCSO Command Vehicle Upfit) Mason County Sheriff Command Vehicle Upfit 50,000 New Project-Reallocated funds from MC Fiber Upgrade. Mason County Emergency&Disaster Response Center 50,667 50,667 45,024 5,643 Anticipated to be done by May 3P,2024(Transfer of Use tax-$15.02 in process-Included in total) This program will last well past the grant performance operating period but as it relates to the grant operating period,we feel North Mason Fire Mobile Integrated Health Program Startup 337,000 337,000 203,413 133,587 that we are 95%complete and will submit final reimbursement bylune 30th,2024. PUD 1 Vuecrest Storage Upgrade Phase 3 750,000 750,000 750,000 12/31/2024 Will be completed in August 2024. PUD 3 Belfair Substation 1,500,000 1,500,000 1,500,000 6/30/2024 On track to be complete by June 30,2024. Administration 319,074 319,074 161,468 157,606 Removed over-allocated a mount from Administration Totals: 13,018,833 13,018,833 8,609,408 604,531 3,755,963 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: David Windom Ext.260 Department: Public Health Briefing: ❑X Action Agenda: ❑X Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 22,2024 Agenda Date: April 23,2024 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• Emergency Housing Fund EHF Amendment B Background/Executive Summary: The Emergency Housing Fund(EHF)grant contract cycle runs from July 1,2023,to June 30,2024. The funding does not roll over after June 30,2024. The funds were to continue at the same level or increase services from sunsetting fund. This amendment is to remove$60,000 of unspent funds from Mason County Admin so a reallocation can be provided to other communities in need. This amendment also removes and retroactively replaces the federal fund source from Coronavirus State and Local Fiscal Recovery Funds (CSLFRF)to General Funds State(GFS)and replaces the Special and General Terms and Conditions of the grant to reflect state terms. Budget Impact(amount,funding source,budget amendment): Budget of EHF will decrease by$60,000. Public Outreach (news release,community meeting, etc.): None Requested Action: Approval of Emergency Housing Fund Amendment B. Attachments Emergency Housing Fund(EHF)Amendment B DocuSign Envelope ID:024A601F-4AFC-419F-905B-6445776F32AB ndment 0 Washington Stan Grant Number: 24-4619D-115 DCodiepartment of Amendment Number:B meree HOUSING DIVISION HOMELESSNESS ASSISTANCE UNIT EMERGENCY HOUSING FUND(EHF) 1.Grantee 2.Grantee Doing Business As(optional) Mason County Public Health and Human Services 415 N.6th St. Shelton,WA 98584 3.Contractor Representative(only if updated) 4.COMMERCE Representative(only if updated) Melissa Casey Kathryn Dodge PO Box 42525 Community Health Manager Temporary Federal Team 1011 Plum St SE (360)427-9670 Manager Olympia,WA 98504-2525 mcasey@masoncountywa.gov 360-746-9682 5.Original Grant Amount 6.Amendment Amount 7.New Grant Amount (including any previous amendments) $884,950.00 -$60,000.00 $824,950.00 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: State:X Other: N/A: 4/l/2024 6/30/2024 11.Federal Funds(as applicable): Federal Agency: ALN: N/A N/A N/A 12.Amendment Purpose: To remove funds and retroactively replace the federal fund source from Coronavirus State and Local Fiscal Recovery Funds (CSLFRF)to General Funds State(GFS)and replace the Special and General Terms and Conditions of grant to reflect state terms. COMMERCE,defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year referenced above.The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and the following other documents incorporated by reference: Grantee Special and General Terms and Conditions including Attachment "A"—Budget.A copy of this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee.Any reference in the original Grant to the"Grant"shall mean the"Grant as Amended". FOR GRANTEE FOR COMMERCE us KK Randy Neatherlin,Chair,Board of County Commissioners Corina Grigoras,Assistant Director,Housing Division Date Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment This Grant is amended as follows: The federal funds grant Special Terms and Conditions are replaced in their entirety with the following state funds grant Special Terms and Conditions below: Special Terms and Conditions 1. GRANT MANAGEMENT The Representative 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 Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. COMPENSATION COMMERCE shall pay an amount not to exceed the Grant Amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Grant as set forth in the Scope of Work. Grantee's's compensation for services rendered shall be in accordance with Attachment B— Budget. 3. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Exceptions to the single billing per month can be made by COMMERCE on a case-by- case basis. When requesting reimbursement for expenditures made, Grantee shall submit all invoice Vouchers and any required documentation electronically through COMMERCE's Grants Management System (CMS), which is available through the Secure Access Washington (SAW) portal. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE Cost Date Costs can be incurred and billed using the state funding source under this Grant from July 1, 2023 through the end date as listed on the face sheet. Invoices and End of Fiscal Year 2 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Grantee must invoice for all expenses from the beginning of the Grant through June 30, regardless of the Grant start and end date. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 4. SUBGRANTEE DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subgrantees and the portion of Grant funds expended for work performed by subgrantees, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subgrantees. "Subgrantees" shall mean subgrantees of any tier. 5. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. Additionally, the Grantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Subgrant activity but no less than $1,000,000 per occurrence. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Subgrantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage 6. FRAUD AND OTHER LOSS REPORTING Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Grant immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 3 DocuSign Envelope ID:024A601 F-4AFC-419F-90513-6445776F32AB Amendment 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B— Budget The federal funds grant General Terms and Conditions are replaced in their entirety with the following state funds grant General Terms and Conditions below: General Terms and Conditions 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Grant" or"Agreement" or"Grant" means the entire written agreement between COMMERCE and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. D. "Grantee" or"Grantor" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State"shall mean the state of Washington. G. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms "subgrantee" and "subcontractor" mean subgrantee/subcontractor(s) in any tier. H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-through entity to carry out a federal program, but does not include an individual that is a 4 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per- unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Grantee shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Grantee's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant 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. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs. 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 5 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment i. All material provided to the Grantee by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Grantee that is designated as "confidential' by COMMERCE; and iii. All Personal Information in the possession of the Grantee that may not be disclosed under state or federal law. B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 10. CONFLICT OF INTEREST Grantee must maintain and comply with written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of grants. Grantee must comply with the following minimum requirements: A. No employee, officer, or agent may participate in the selection, award, or administration of a grant if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a grant. The officers, employees, and agents of the Grantee may neither solicit nor accept gratuities, favors, or anything of monetary value from Grantees or parties to subcontracts and must comply with RCW 39.26.020. However, Grantee may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Grantee. B. If the Grantee has a parent, affiliate, or subsidiary organization that is not a state, local government, or federally recognized tribe, the Grantee must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the 6 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment Grantee is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right,title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions."Ownership"includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 12. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Grantee's name, address, and Grant number; and • be mailed to the Director and the other party's (respondent's) Grant Representative within three (3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5)working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. 7 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT COMMERCE shall not pay the Grantee, if the Grantee has charged or will charge the State of Washington or any other party under any other Grant or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 15. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the Grant. "Claim" as used in this Grant, means any financial loss, claim, suit, action, damage,or expense, including but not limited to attorney's fees,attributable for bodily injury,sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subgrantee or its employees. The Grantee's obligation shall not include such claims that may be caused by the sole negligence of the State and its agencies, officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of(a)the State, its agents or employees and (b)the Grantee, its subcontractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or its subgrantees, agents, or employees. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent Grantee relationship will be created by this Grant.The Grantee and its employees or agents performing under this Grant are not employees or agents of the state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. 17. INDUSTRIAL INSURANCE COVERAGE The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Grantee. 8 DocuSign Envelope ID:024A601 F-4AFC-419F-90513-6445776F32AB Amendment 18. LAWS The Grantee shall comply with all applicable laws,ordinances,codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action)shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONDISCRIMINATION A. Nondiscrimination Requirement. During the performance of this Agreement, the GRANTEE, including any subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations and policies, this shall include but not be limited to the following: GRANTEE, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, GRANTEE, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which GRANTEE, or subcontractor, has a collective bargaining or other agreement. The funds provided under this Agreement shall not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this Agreement. B. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that GRANTEE, including any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend GRANTEE, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Grant, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until COMMERCE receives notification that GRANTEE, including any subcontractor, is cooperating with the investigating state agency. In the event GRANTEE, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), COMMERCE may terminate this Agreement in whole or in part, and GRANTEE, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. GRANTEE or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement termination or suspension for engaging in discrimination, GRANTEE, subcontractor, or both, shall be liable for grant damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff 9 DocuSign Envelope ID:024A601 F-4AFC-419F-90513-6445776F32AB Amendment time , which damages are distinct from any penalties imposed under Chapter 49.60, RCW. GRANTEE may also be required to repay grant funds pursuant to Section 25 (Recapture) of the General Terms & Conditions if the Agreement is terminated based on a violation of the nondiscrimination requirement. COMMERCE shall have the right to deduct from any monies due to GRANTEE or subcontractor, or that thereafter become due, an amount for damages GRANTEE or subcontractor will owe COMMERCE for default under this provision. 22. PAY EQUITY The Grantee agrees to ensure that"similarly employed" individuals in its workforce are compensated as equals, consistent with the following: A. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Grantee may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: i. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. ii. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. iii. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Grant may be terminated by the Department, if the Department or the Department of Enterprise Services determines that the Grantee is not in compliance with this provision. 23. POLITICAL ACTIVITIES Political activity of Grantee's employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 25. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount 10 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 26. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. The Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 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. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Grantee shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 29. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 31. SITE SECURITY While on COMMERCE premises, Grantee, its agents, employees, or subgrantees shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBGRANTING/SUBCONTRACTING The Grantee may only subgrant/subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. 11 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment If COMMERCE approves subgranting/subcontracting, the Grantee shall maintain written procedures related to subgranting, as well as copies of all subgrants/subcontract and records related to subgrants/subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subgranting/subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subgranting/subcontracting with a particular person or entity; or(c) require the Grantee to rescind or amend a subgrant/subcontract. Every subgrant/subcontract shall bind the Subgrantee/Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subgrantee/Subcontractor fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee/Subcontractor to assure fiscal conditions of this Grant. In no event shall the existence of a subgrant/subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee/Subcontractor's performance of the subgrant/subcontract. 33. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions,the Grantee's income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 35. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to terminate the Grant.A termination shall be deemed a"Termination for Convenience"if it is determined that the Grantee: (1)was not in default; or(2)failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days' written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this 12 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated,for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv)the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: A. Stop work under the Grant on the date, and to the extent specified, in the notice; B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants/subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which COMMERCE has or may acquire an interest. 13 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment 38. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. E. All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 14 DocuSign Envelope ID:024A601 F-4AFC-419F-905B-6445776F32AB Amendment Attachment A Budget Budget Category Current Grant Total Amendment A New Grant Total Administration $132,742 -$60,000 $72,742 Operations $192,000 $0 $192,000 Facility Support $185,848 $0 $185,848 Rent $374,360 $0 $374,360 Total $884,950 -$60,000 $824,950 ALL OTHER TERMS AND CONDITIONS OF THIS GRANT REMAIN IN FULL FORCE AND EFFECT. 15 C Mason County Agenda Request Form Y /A t! To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: N Action Agenda: N Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): April 22,2024 Agenda Date: April 23,2024 Internal Review: ❑ Finance ❑ Human Resources N 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: Approval to amend Resolution#2024-002 Salary Commission Background/Executive Summary: Resolution 2024-002 established the Mason County Citizens' Commission on Salaries for Elected Officials(Salary Commission)pursuant to RCW 36.17.024. The 10-member Salary Commission began meeting on March 25,2024 and has met every week since then. Process questions have been asked and staff requested Tim Whitehead, Chief Deputy Prosecuting Attorney,to review the resolution. Staff recommends Resolution 2024-002 be amended to list the elected officials that are subject to the Salary Commission; clarify when any salary increase is payable and clean up the referendum language. None of these amendments change the original intent of the resolution and they have been reviewed by Deputy Prosecuting Attorney Tim Whitehead. Budget Impact(amount, funding source,budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Place the resolution amending Resolution 2024-002 on the April 23 agenda for approval. Attachments: Amended Resolution Resolution No. A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MASON COUNTY ESTABLISHING THE MASON COUNTY CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS PURSUANT TO RCW 36.17.024 WHEREAS, consistent with the provisions of RCW 36.17.024, the Board of County Commissioners of Mason County desires to create an independent salary commission to the set the salaries of the County Commissioners; and, WHEREAS, consistent with the provisions of RCW 36.17.20, a county commissioner salary commission conforming with RCW 36.17.24 is authorized to establish the salaries of elected officials of the county:; and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Mason County as follows: SECTION 1: ESTABLISHMENT OF THE MASON COUNTY CITIZENS' COMMISSION ON SALARIES Consistent with the provisions of RCW 36.17.024 there is hereby created a Mason County Citizens' Commission on Salaries (Commission) which shall set the salaries of the County Commissioners and the Assessor, Auditor, Clerk, Coroner, Treasurer and Sheriff based on their study and analysis of the relationship of the salaries to the duties / statement of work for each office and fix the salary for each position. Except as provided in this resolution, the Commission shall be solely responsible for its organization, and shall enjoy the fullest cooperation of all elected officials, departments, and agencies of the County. The Commission will consist of ten(10)members. The composition of the Commission shall be as follows: a. Six of the ten members shall be selected by lot by the County Auditor from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the Commission under Section 2—Terms. The County Auditor shall select two commission members living in each County Commissioner district. The County Auditor shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include but not be limited to,those for notifying persons selected for and for providing a new selection from a County Commissioner's district if a person selected from the district declines appointment to the Commission or,if,following the person's appointment,the persons position on the Commission becomes vacant before the end of the person's term of appointment. b. The remaining four of the ten commission members must be residents of Mason County and shall be appointed by a majority vote of the Board of County Commissioners. The persons selected under this subsection shall have experience in the field of personnel management or a related field. c. Members of the Commission may not include any officer, official, or employee of Mason County whose salary will be studied in the Commission's responsibilities set forth hereinafter, nor any"immediate family member: of such officer,official or employee. "Immediate family member"as used in this subsection means the parents, spouse, siblings,children,or dependent relatives of the officer, official or employee, whether or not living in the household of the officer, official,or employee. SECTION 2: TERMS Appointments to the Commission shall be for terms of two years with the first term ending December 31, 2026. Thereafter, all members shall serve for two years. No person may be appointed to more than two such terms. No member of the Commission shall be removed by the Board of County Commissioners during his or her term of office unless for cause of incapacity, incompetence, negligence of duty, or malfeasance, or for a disqualifying change of residence. Removal will require a majority vote of the Board of County Commissioners. SECTION 3: VACANCIES Upon a vacancy in any position on the Commission a successor shall be selected to and appointed to fill the unexpired term in the same manner as the initial appointment and the appointee shall fill the expired term. The selection and appointment shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as for the original appointment. SECTION 4: OFFICERS The Commission shall elect a Chair, Vice Chair, Secretary and such other officers as deemed necessary. The Chair or his or her designee shall preside over all meetings and shall be a voting member of the Commission. SECTION 5: RULES REGULATIONS AND ASSISTANCE The Commission shall be subject to the provisions of the Open Meetings Act Chapter 42.30 RCW. The Commission shall meet biennially;however,the Commission may meet as frequently as it deems necessary. It shall keep minutes of all meetings and shall further adopt bylaws for the transaction of business. The setting of salaries shall be by an affirmative vote of not less than seven members. The Auditor's Office staff working with the Human Resources Director of the County shall assist the Commission by providing information and other such assistance as the Commission requests. SECTION 6: COMPENSATION—EXPENSES The members of the Commission shall serve without compensation and/or per diem,however they will be reimbursed for their mileage costs. SECTION 7: POWERS AND DUTIES OF THE COMMISSION a. The Commission shall prepare a schedule of salaries for the Board of Commissioners and other elected officials for the succeeding two calendar years. b. The Commission shall set salaries of the County Commissioners and other Elected Officials. Any change in salary shall be filed by the Commission with the County Auditor no later than May 1, 2024, and no later than May I" every two years thereafter. The Commission Chair shall sign each salary schedule filed,certifying that the schedules have been prepared and filed in accordance with this resolution,state law,and any rules,if any,of the Commission. Salaries filed shall become effective and incorporated into the county budget without further action of the Board of County Commissioners or the salary commission and become effective January 1"of the following calendar year. If the initial determination of salaries,after the Commission is formed,results in an increase in the salary to an elected official,that increase shall take effect immediately upon filing of the salary with the County Auditor payable as follows: 30 days after filing with the County Auditor when no referendum petition is filed; upon a determination by the County Auditor that a referendum petition is insufficient or invalid;upon approval of a vote of the people. All subsequent increases in salary shall take effect on January 1st of the year following the filing with the County Auditor. c. Salary increases established by the Commission shall be effective as to all County Commissioners and Elected Officials regardless of their term in office. d. The action of fixing the salary of the County Commissioners and Elected Officials shall supersede any other provision of county ordinance related to budgets or fixing of salaries. e. Salary decreases established by the Commission shall become effective as to incumbent County Commissioners and Elected Officials at the commencement of their next subsequent terms in office. SECTION 8: REFERENDUM Salary increases and decreases shall be subject to referendum petition by the people of Mason County pursuant to the process detailed in RCW 36.17.024(8)(b)(9) and(10). SECTION 9: SEVERABILITY If any provision of this resolution or its application to any person or circumstance is held invalid, the remainder of the resolution or the application of the provision to other persons or circumstances is not affected. DATED this day of ,2024. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Randy Neatherlin,Chair APPROVED AS TO FORM: Kevin Shutty, Vice-Chair Tim Whitehead,Chief Deputy Prosecuting Attorney Sharon Trask,Commissioner r Mason County Agenda Request Form Y d. To: Board of Mason County Commissioners From: David Windom(on behalf of Todd Parker) Ext.260 Department: Public Health Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 4/8/24 Agenda Date: Internal Review: ❑ Finance ❑ Human Resources ® Legal ❑ Information Technology © Other (This is the responsibility of the requesting Department)RISK 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: Consolidated Homeless Grant Contract#24-46108-20 Background/Executive Summary: The Department of Commerce is re-allocating FY24 unspent funds in the Housing and Essential Needs budget category based on community need. Community Action Council has requested$215,000 to pay May and June rent for enrolled households. Budget Impact(amount,funding source,budget amendment): No impact to the General Fund. Public Outreach(news release, community meeting,etc.): Original RFP released in 2023. Requested Action: Move to action agenda to accept the amendment from Commerce and approve the amendment with Community Action Council. Attachments: The Department of Commerce Contract#24-46108-20 Amendment B Contract Between Mason County and Community Action Council Professional Services Contract#23-048 Amendment# 1 IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUND SOURCE: Consolidated Homeless Grant 2. AMENDMENT TERM: March 1, 2024, through June 30, 2024 3. TOTAL ADDITIONAL FY24 AWARD: Budget Category Current Amount Amended Amount Total New Budget HEN Admin 2024 $45,262 0 $45,262 HEN Rent/Fac Support 2024 $1,032,190 $215,000 $1,247,190 HEN Operations 2024 $173,130 0 $$173,130 4. INVOICE: Reimbursable expenses and back-up documentation must be included with each invoice. Invoices are due by the 15th of each month. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 2024. CONTRACTOR MASON COUNTY 1ESarah-Mirandairanda Randy Neatherlin, Chair CFO, Interim Executive Director Mason County Board of County Commissioners 1 DocuSign Envelope ID:6CC65FF8-C39D-414E-AAD1-F469B8593E50 Mmendment Washin Department ate Contract Number: 24-46108-20 Ri►�Commerce Amendment:B Washington State Department of Commerce Housing Division Homelessness Assistance Unit Consolidated Homeless Grant(CHG) 1.Grantee 2.Contractor Doing Business As(optional) Mason County 415 N. 6th St. Shelton, WA 98584 3.Contractor Representative 4.COMMERCE Representative Melissa Casey Tia Stoner PO Box 42525 Community Health Manager Contract Manager 1011 Plum St SE (360)427-9670 (360)725-5060 Olympia,WA 98504-2525 Tia.Stoner@cominerce.wa.gov mcasey@masoncountywa.gov 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $4,826,431.20 $215,000.00 $5,041,431.20 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal: State:X Other: N/A: March 1,2024 June 30,2024 11.Federal Funds(as applicable): Federal Agency: CFDA Number: N/A N/A N/A 12.Amendment Purpose: Award additional HEN funding in order to continue to serve current households. COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: CHG Guidelines(as they may be revised from time to time),and Contract Terms and Conditions including Attachment"A"—Scope of Work,Attachment`B"—Budget.A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract"shall mean the"Contract as Amended". FOR GRANTEE FOR COMMERCE Randy Neatherlin,Chair,Board of Commissioners Corina Grigoras,Assistant Director Housing Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Department of Commerce DocuSign Envelope ID:6CC65FF8-C39D-414E-AAD1-F469B8593E50 Amendment This Contract is amended as follows: Attachment B Budget Budget Category Current Grant Amendment A New Total Amount (and any previous amendments and revisions CHG Standard Admin $72,482.00 $0 $72,482.00 Rent $350,735.00 $0 $350,735.00 PSH CHF PSH CHF Rent/Fac Support $60,000.00 $0 $60,000.00 HEN SFY 2024 HEN Admin 2024 $90,723.00 $0 $90,723.00 HEN Rent/Fac Support2024 $1,032,190.00 $215,000.00 $1,247,190.00 HEN Operations 2024 $173,130.00 $0 $173,130.00 HEN(SFY 2025 HEN Admin 2025 $90,723.00 $0 $90,723.00 HEN Rent/Fac Support2025 $1,032,190.00 $0 $1,032,190.00 HEN Operations 2025 $173,130.00 $0 $173,130.00 Eviction Prevention SFY 23,24,and 25 Eviction Prevention Admin $167,418.61 $0 $167,418.61 Eviction Prevention Rent $361,213.59 $0 $361,213.59 Eviction Prevention Operations $347,920.00 $0 $347,920.00 HEN FCS Bride SFY 2024 HEN FCS Bridge Admin 2024 $2,577.00 $0 $2,577.00 HEN FCS Bridge Rent 2024 $59,277.00 $0 $59,277.00 HEN FCS Bridge Operations 2024 $11,782.00 $0 $11,782.00 HEN FCS Bride SFY 2025 HEN FCS Bridge Admin 2025 $2,577.00 $0 $2,577.00 HEN FCS Bridge Rent 2025 $59,277.00 $0 $59,277.00 HEN FCS Bridge Operations 2025 $11,782.00 $0 $11,782.00 Inflation Increase(SFY 2024 and SFY 2025) Inflation Increase 2024 $276,848.00 $0 $276,848.00 Inflationary Costs 2025 $276,848.00 $0 $276,848.00 Local Document Recordin Fees Support SFY 2024 and SFY 2025 Local DRF Support 2024 $86,804.00 $0 $86,804.00 Local DRF Support 2025 $86,804.00 $0 $86,804.00 TOTAL $4,826,431.20 $215,000.00 $5,041,431.20 ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT 2 Mason County Agenda Request Form Scenario 2: Increase above “Affordability” target where needed and ease rate increase where significant increase needed ▪ 9% increase for North Bay and Rustlewood sewer customers (already over target, but less than rate analysis indicates due to only 6 month) ▪ 9% increase for Belfair sewer customers (per rate analysis and within affordability target) ▪ 9% increase for Rustlewood water and Beard’s Cove water (still far less than rate analysis indicates and within affordability target) Public Outreach: ▪ Notice of the hearing was posted in the Mason County Shelton Journal on March 21st and 28th. ▪ Additional notification of the meetings and the hearing occurred via Mason County Facebook page, postcards, email to HOAs, and billing inserts. ▪ Community meetings were held on 3/28 (Rustlewood), 4/2 (Beard’s Cove), 4/9 (Belfair and North Bay) and 4/16 (Rustlewood). A summary of comments received to date is attached. Requested Action: Request the Board accept testimony on April 23 and continue the hearing to May 21, 2024 to consider action implementing new rates and ordinance revisions. Attachments: 1. Comments received via email, phone, or noted during outreach meetings 2. Rate Affordability and Scenarios Table Mason County Public Works Water & Sewer Utility Rate Review PRESENTED BY MASON COUNTY PUBLIC WORKS 1 Objectives & Considerations •Provide sufficient revenue and financial stability to fund the projected operating and anticipated Capital expenditures. •Meet the County’s reserve fund targets: •Operating reserves •Capital reserves •Rate payer equity: •Each customer/ERU class pays their proportionate share of expenses. •Ratepayer “affordability” as a percent Median Household Income 2 North Bay/Case Inlet Sewer Utility Overview 3 ERUS: 1435 MAX CAPACITY OF 2356 OPERATING BUDGET $ 2,843,708 10-YEAR CAPITAL $13,355,000 BEGINNING FUND BALANCE $2,237,540 What It Costs to Operate NBCI 4 In 2024, operating, capital and loan payment expenditures are anticipated at $2,843,708. 58% operating 35% capital 7% debt The equitable annual proportion of each North Bay sewer customer would be about $1982 a year or nearly $165 per month. Capital Improvements: NBCI 5 $0.00 $2,000,000.00 $4,000,000.00 $6,000,000.00 $8,000,000.00 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 NBCI 10 Year Capital Improvements Construct necessary facility expansion to accommodate growth Planning & Design Design and construction of the identified improvements Engineering report Replace filters 6 year rotation Replace/upgrade/expand final effluent filters Upgrade programming, replace cpu add redundant cpu. Affordability: NBCI 6 Most sewer grant/loan programs use an “affordability” index of 2% of the Median Household Income (MHI). Using the 2021 MHI of $5527/month for this census tract, a 2024 rate at or below $110.54 is considered affordable for the average North Bay household. Current rate = $124.86 “All In” rate = $165 NBCI Sewer Rate Scenario #1 7 Current sewer rate: •Current sewer rates are increased by the prior years April CPI -U index. In 2023, BOCC held the rate at 5% as CPI was 9.1%. In 2024, CPI would increase the current rate 6.9%. •This proposed rate increase, and annual projected increases doesn’t ensure sufficient cash flow for operating, debt and capital expenditures. •It is anticipated that the community will grow 5% over the next 10 years. •This proposed rate includes the County staff working to secure more than $7.5million dollars in grants and/or debt issuance or other for future expansion. 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 # of Current Customers 1435 1445 1455 1465 1470 1475 1480 1485 1490 1495 Increase Per year 10 10 10 5 5 5 5 5 5 5 Rate 133.48$ 141.48$ 149.97$ 158.97$ 168.51$ 178.62$ 189.34$ 200.70$ 212.74$ 225.50$ Annual % Increase 6.90%6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00%6.00% Monthly $ Increase 8.62$ 8.01$ 8.49$ 9.00$ 9.54$ 10.11$ 10.72$ 11.36$ 12.04$ 12.76$ Annual $ Increase 103.38$ 96.10$ 101.87$ 107.98$ 114.46$ 121.33$ 128.61$ 136.32$ 144.50$ 153.17$ Ten Year Revenue vs Expenses Projection Revenues from current rates do NOT cover all projected operating, debt and capital project expenditures. 8 North Bay 2023 Sewer Rates: Monthly Sewer Rate: $ 124.86 Duplex Sewer Rate: $ 174.80 Connection Fee: $11,954.72 Scenario #1 2024 Sewer Rate Monthly Sewer Rate: $ 133.48 Connection Fee: $11,954.72 Staff recommends the same rate for single family and duplex homes. Other Revenue Opportunities: GRANTS COUNTY SUPPORT LOANS Mason County Commissioners and staff work hard to multiply your tax dollars. 9 Do you have additional questions? 10 2024 Belfair Sewer Utility Overview 11 ERU 620 MAX CAPACITY OF 899 OPERATING BUDGET $3,495,262 10-YEAR CAPITAL $11,122,204 BEGINNING FUND BALANCE $3,664,626 What It Costs to Operate Belfair Sewer 12 In 2024, operating, capital and loan payment expenditures are anticipated at $4,145,291 ~ 26% Operating 48% Capital 26% Debt The equitable annual proportion of each Belfair sewer customer would be about $6,436.79 a year or nearly $536 per month. Ten-Year Capital Expenditures 13 Affordability: Belfair Sewer 14 Most sewer grant/loan programs use an “affordability” index of 2% of the Median Household Income (MHI). Using the 2021 MHI of $5527/month for this census tract, a 2024 rate at or below $110.54 is considered affordable for the average Belfair household. Current rate = $100.80 “All In” rate = $536 Belfair Sewer Rate Scenario #1 15 Sewer rates proposed #1: •Current sewer rates are increased by the prior years April CPI -U index. In 2023, BOCC held the rate at 5% as CPI was 9.1%. In 2024, CPI would increase the current rate 6.9%. •This proposed rate increase and annual projected increases do not ensure sufficient cash flow for operating, debt and capital expenditures. •It is anticipated that the community will grow 39% over the next 10 years. •County staff are working to secure more than $11million dollars in grants and/or debt issuance to cover the additional expenditure needs. 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Current Users 550 620 644 664 679 694 709 724 739 754 Increase Per year 70 24 20 15 15 15 15 15 15 10 Rate 107.76$ 113.14$ 118.80$ 124.74$ 130.98$ 137.53$ 144.40$ 151.62$ 159.20$ 167.16$ Est. Annual % Increase 6.90%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Est. Monthly $ Increase 6.96$ 5.39$ 5.66$ 5.94$ 6.24$ 6.55$ 6.88$ 7.22$ 7.58$ 7.96$ Est. Annual $ Increase 83.46$ 64.65$ 67.89$ 71.28$ 74.84$ 78.59$ 82.52$ 86.64$ 90.97$ 95.52$ Ten Year Revenue vs Expenses Projection Revenues from proposed rates do NOT cover all projected operating, debt and capital project expenditures . 16 Belfair 2023 Sewer Rates: Monthly Sewer Rate: $ 100.80 Connection Fee: $ 11,300.00 Proposed 2024 Sewer Rate Monthly Sewer Rate: $ 107.76 Connection Fee: $13,112.81 Sewer Rate Scenario #2 17 Sewer rates proposed #2: •Residential sewer rate would increase 9.66% to $110.54 per ERU. •A new commercial sewer rate would be introduced at a 5% reduction to residential rates of $105.01 per ERU. •A typical residential home is one ERU, commercial properties typically are 2+ ERU. A reduced commercial rate may entice new commercial businesses to the Belfair Urban Growth Area. •This proposed rate increase and annual projected increases do not ensure sufficient cash flow for operating, debt and capital expenditures. •County staff are working to secure more than $11million dollars in grants and/or debt issuance to cover the additional expenditure needs. 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Residential Customers 503 620 690 695 698 703 706 709 724 744 Increase Per year 70 24 20 15 15 15 15 15 15 10 Rate 110.54$ 116.07$ 121.87$ 127.96$ 134.36$ 141.08$ 148.13$ 155.54$ 163.32$ 171.48$ Annual % Increase 9.66%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Monthly $ Increase 9.74$ 5.53$ 5.80$ 6.09$ 6.40$ 6.72$ 7.05$ 7.41$ 7.78$ 8.17$ Annual $ Increase 116.88$ 66.32$ 69.64$ 73.12$ 76.78$ 80.62$ 84.65$ 88.88$ 93.32$ 97.99$ 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Commercial Customers 47 47 47 47 47 47 47 47 47 47 Increase Per year Rate 105.01$ 110.26$ 115.78$ 121.57$ 127.64$ 134.03$ 140.73$ 147.76$ 155.15$ 162.91$ Annual % Increase 6.90%4.00%4.00%4.00%5.00%5.00%5.00%6.00%6.00%6.00% Monthly $ Increase 4.21$ 5.25$ 5.51$ 5.79$ 6.08$ 6.38$ 6.70$ 7.04$ 7.39$ 7.76$ Annual $ Increase 50.56$ 63.01$ 66.16$ 69.47$ 72.94$ 76.59$ 80.42$ 84.44$ 88.66$ 93.09$ Ten Year Revenue vs Expenses Projection Revenues from proposed rates #2 do NOT cover all projected operating, debt and capital project expenditures. 18 Belfair 2023 Sewer Rates: Monthly Sewer Rate: $ 100.80 Connection Fee: $ 11,300.00 Proposed 2024 Sewer Rate Mthly Res. Sewer Rate: $ 110.54 Mthly Com. Sewer Rate: $ 105.01 Connection Fee: $13,112.81 Do you have additional questions? 19 Beards Cove Water Utility Overview 20 CUSTOMERS 474 of 521 Lots OPERATING BUDGET $355,731 10-YEAR CAPITAL $3,376,528 BEGINNING BALANCE OF FUND $988,172 What It Costs to Operate Beards Cove 21 In 2024, budgeted expenses are $355,731. ▪46% operating cost (labor, professional services, supplies) ▪52% system improvements (capitalized) ▪2% debt (USDA meters) The equitable annual proportion of each Beards Cove water customer today would be about $751 a year or $62.54 per month. Ten Year Capital Expenditures 22 Affordability: Beards Cove 23 Most drinking water grant/loan programs use an “affordability” index of 2.5% of the Median Household Income (MHI). The 2021 MHI of $4945/month for this census tract is used to calculate. “Affordability” rate = $123.63 Rate to operate the system = $62.54 (assumes no tiers) Current rate = $44.32 Water Rate Scenario #1 24 In proposed water rate #1: •The mid-year Basic Rate water increase would restore the rate to support the cash flow needed to support financial needs. •A review of water use consumption by customer saw nearly 61% of customers utilized less than 700 CF, option #1 proposes a lower Basic Rate with higher Tier 1 & Tier 2 rates. •Tiered water pricing is a critical tool to encourage conservation and to recoup expenses that high usage customers place on the aging system. Proposed Monthly Water Rate 2024 2025 2026 2027 2028 Basic Water Rate (up to 700 CF)49.23$ 51.69$ 54.28$ 56.99$ 59.84$ Tier 1 Water Rate (701 to 1200 CF)*2.50$ 2.50$ 3.75$ 5.00$ 5.00$ Tier 2 Water Rate (above 1201 CF)*4.00$ 4.00$ 6.00$ 7.50$ 7.50$ * Per 100 CF Ten Year Revenue vs Expenses Projection Revenues at proposed rate #1 cover projected operating expenses but not future capital costs. •Annual revenue shortfalls to be covered by annual rate increases. •This proposed rate requires Public Work’s staff working to secure more than $2.1 million in Grants or other funding opportunities for future Capital Improvements. 25 Water Rate Scenario #2 26 In proposed water rate #2: •The mid-year Basic Rate water increase would increase Basic Rate 9% over proposed rate #1 to support the cash flow needed to support financial needs. •A review of water use consumption by customer saw nearly 61% of customers utilized less than 700 CF, option #2 proposes a higher Basic Rate with lower Tier 1 & Tier 2 rates. •Tiered water pricing is a critical tool to encourage conservation and to recoup expenses that high usage customers place on the aging system. Ten Year Revenue vs Expenses Projection Revenues at proposed rate #2 cover projected operating expenses but not future capital costs. •Annual revenue shortfalls to be covered by annual rate increases. •This proposed rate requires Public Work’s staff working to secure more than $2.1 million in Grants or other funding opportunities for future Capital Improvements. 27 Do you have additional questions? 28 Rustlewood Sewer Utility Overview 29 CUSTOMERS 156 of 167 Lots OPERATING BUDGET $500,978 10-YEAR CAPITAL $557,849 BEGINNING FUND BALANCE $11,381 What It Costs to Operate Rustlewood Sewer 30 Over the next 10 years, it is anticipated that the average yearly expenditures will be $469,508. The equitable annual proportion of each Rustlewood sewer customer would be about $3000 a year or nearly $251 per month. 156 of 167 lots within the Rustlewood community are currently sewer customers. That’s 93.4% of the community connected to the sewer, there is little opportunity to spread the costs over a larger customer base. Ten Year Capital Expenditures 31 Affordability: Rustlewood Sewer 32 Most wastewater water grant/loan programs use an “affordability” index of 2% of the Median Household Income (MHI). The 2021 MHI of $5527/month is used to calculate. “Affordability” rate = $110.54 Rate to operate the system = $251.00 (Ops, CIP, Debt) Current rate = $118.15 Ten Year Revenue vs Expenses Projection Revenues at current rates do not cover projected operating expenses, reserve funding and/or capital costs. 33 Rustlewood 2023 Sewer Rates: Monthly Sewer Rate: $ 118.15 Connection Fee: $6,065.72 Rustlewood Sewer Rate Scenario #1 34 •In 2024, CPI would increase the current rate 6.9%. •This proposed rate increase and annual projected increases do NOT ensure sufficient cash flow for operating expenses or capital expenditures without additional revenue sources. •This proposed rate does include the County’s REET or 0.09 funds to cover the annual Bond Debt for several years. •This proposed rate assumes Public Works staff is working to secure more than $500K in Grant or other revenue opportunities. 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Customers/ERU 156 156 156 156 156 156 156 156 156 156 Current Rate 126.30$ 134.51$ 143.25$ 150.41$ 157.93$ 165.83$ 174.12$ 182.83$ 191.97$ 201.57$ Annual % Increase 6.90%6.50%6.50%5.00%5.00%5.00%5.00%5.00%5.00%5.00% Monthly $ Increase 1.44$ 8.21$ 8.74$ 7.16$ 7.52$ 7.90$ 8.29$ 8.71$ 9.14$ 9.60$ Annual $ Increase 17.26$ 98.51$ 104.92$ 85.95$ 90.25$ 94.76$ 99.50$ 104.47$ 109.70$ 115.18$ Ten Year Revenue vs Expenses Projection Revenues at proposed rates do not cover projected operating expenses and capital costs. •Annual revenue shortfalls to be covered by annual rate increases and potential grant opportunities. •Establish reserve fund balance to provide sufficient cash flow to meet operating needs. 35 Sewer Rate #1 Monthly Sewer Rate: $ 126.30 Connection Fee: $6,065.72 Rustlewood Sewer Rate Scenario #2 36 •Ensures sufficient cash flow for operating expenses, but not all capital improvement needs. •Includes a County’s General Fund transfer to cover the annual Bond Debt for several years. •This proposed rate includes the Public Work’s staff working to secure nearly $543K in Grant or other revenue opportunities for capital improvements. 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Customers/ERU 156 156 156 156 156 156 156 156 156 156 Proposed Rate #1 187.08$ 190.82$ 194.63$ 198.53$ 202.50$ 206.55$ 210.68$ 214.89$ 219.19$ 223.57$ Annual % Increase 58.34%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00% Monthly $ Increase 62.22$ 3.74$ 3.82$ 3.89$ 3.97$ 4.05$ 4.13$ 4.21$ 4.30$ 4.38$ Annual $ Increase 746.58$ 44.90$ 45.80$ 46.71$ 47.65$ 48.60$ 49.57$ 50.56$ 51.57$ 52.61$ Ten Year Revenue vs Expenses Projection Revenues at proposed rates cover projected operating expenses and some capital costs. •Annual revenue shortfalls to be covered by annual rate increases and potential grant opportunities. •Establish reserve fund balance to provide sufficient cash flow to meet operating needs. 37 Sewer Rate #2 Monthly Sewer Rate: $ 187.08 Connection Fee: $6,065.72 Other Revenue Opportunities: GRANTS COUNTY SUPPORT LOANS Mason County Commissioners and staff work hard to multiply your tax dollars. 38 Do you have additional questions? 39 Rustlewood Water Utility Overview 40 ERU 144 of 167 Lots OPERATING BUDGET $294,408 10-YEAR CAPITAL $269,703 BEGINNING FUND BALANCE $11,381 What It Costs to Operate Rustlewood Water 41 In 2024, budgeted expenses are $294,408. ▪87% operating cost (labor, professional services, supplies) ▪13% system improvements (capitalized) ▪ 0% debt service The equitable annual proportion of each Rustlewood water customer today would be about $2045 a year or $170.38 per month. 144 of 167 lots within the Rustlewood community are currently water customers. That’s 86% of the community connected to the water, there is little opportunity to spread the costs over a larger customer base. Ten Year Capital Expenditures 42 Affordability: Rustlewood Water 43 Most drinking water grant/loan programs use an “affordability” index of 2.5% of the Median Household Income (MHI). The 2021 MHI of $5527/month for this census tract is used to calculate. “Affordability” rate = $138.18 Rate to operate the system = $170.38 Current rate = $44.32 Ten Year Revenue vs Expenses Projection Revenues at current rates do not cover projected operating expenses and capital costs. •Annual revenue shortfalls to be covered by annual rate increases. •Establish reserve fund balance to provide sufficient cash flow to meet operating needs. 44 $- $50,000.00 $100,000.00 $150,000.00 $200,000.00 $250,000.00 $300,000.00 $350,000.00 2024 2025 2026 2027 2028 2029 3030 3032 3033 3034 Current Water Revenue Projections Operating Expenses Fund Reserve Capital Projects Revenue at Current Rates w/ annual 5% inc Rustlewood Water Rate Scenario #1 45 •Mid-year increase also establishes a reserve and needed cash flow. Then a reduction in 2025 rate and full year pricing model can be adopted, with a 5% increase per year for the 2026- 2028 rate years. •A review of water use consumption by customer saw nearly 73% of customers utilized less than 700 CF. •Tiered water pricing is a critical tool to encourage conservation and to recoup expenses that high usage customers place on the aging system. Proposed Monthly Water Rate #2 2024 2025 2026 2027 2028 Basic Water Rate (up to 700 CF)170.00$ 135.00$ 141.75$ 148.84$ 156.28$ Tier 1 Water Rate (701 to 1200 CF)*2.50$ 2.50$ 2.50$ 2.50$ 2.50$ Tier 2 Water Rate (above 1201 CF)*4.00$ 4.00$ 4.00$ 4.00$ 4.00$ * Per 100 CF Ten Year Revenue vs Expenses Projection Revenues at proposed rates cover projected operating expenses and capital costs. •Annual revenue shortfalls to be covered by annual rate increases. •Establish reserve fund balance to provide sufficient cash flow to meet operating needs. 46 Rustlewood Water Rate Scenario #2 47 •Mid-year increase to establish a reserve and needed cash flow. Then a reduction in 2025 rate and full year pricing model can be adopted, with a 5% increase per year for the 2026- 2028 rate years. •A review of water use consumption by customer saw nearly 73% of customers utilized less than 700 CF, option 1 is a slight decrease in Basic Rate with higher Tier 1 & Tier 2 rates. •Tiered water pricing is a critical tool to encourage conservation and to recoup expenses that high usage customers place on the aging system. Proposed Monthly Water Rate 2024 2025 2026 2027 2028 Basic Water Rate (up to 700 CF)163.99$ 132.21$ 138.03$ 144.13$ 150.54$ Tier 1 Water Rate (701 to 1200 CF)*10.00$ 10.00$ 10.00$ 10.00$ 10.00$ Tier 2 Water Rate (above 1201 CF)*15.00$ 15.00$ 15.00$ 15.00$ 15.00$ * Per 100 CF Ten Year Revenue vs Expenses Projection Revenues at proposed rates cover projected operating expenses and capital costs. •Annual revenue shortfalls to be covered by annual rate increases. •Establish reserve fund balance to provide sufficient cash flow to meet operating needs. 48 $- $50,000.00 $100,000.00 $150,000.00 $200,000.00 $250,000.00 $300,000.00 $350,000.00 2024 2025 2026 2027 2028 2029 3030 3032 3033 3034 Proposed Water Revenue Projections Operating Expenses Fund Reserve Capital Projects Revenues at Proposed Increase Water Rate Scenario #3 49 In proposed water rate #3: •The Basic Rate mid-year increase would increase to $86 from $44.32 with higher Tier 1 & Tier 2 rates for the remainder of 2024. Then a 5% increase per year for the 2025- 2028 rate years. •A review of water use consumption by customer saw nearly 73% of customers utilized less than 700 CF. •Tiered water pricing is a critical tool to encourage conservation and to recoup expenses that high usage customers place on the aging system. Proposed Monthly Water Rate 2024 2025 2026 2027 2028 Basic Water Rate (up to 700 CF)86.00$ 90.30$ 94.82$ 99.56$ 104.53$ Tier 1 Water Rate (701 to 1200 CF)*25.00$ 25.00$ 25.00$ 25.00$ 25.00$ Tier 2 Water Rate (above 1201 CF)*30.00$ 30.00$ 30.00$ 30.00$ 30.00$ *Per 100 CF Ten Year Revenue vs Expenses Projection Revenues at scenario #3 rates do not cover projected operating expenses and capital costs. •Annual revenue shortfalls will not be covered by annual rate increases. •Establish reserve fund balance to provide sufficient cash flow to meet operating needs. •This scenario requires an average of nearly $75,000 a year to be acquired from alternative sources. 50 Other Revenue Opportunities: GRANTS COUNTY SUPPORT LOANS Mason County Commissioners and staff work hard to multiply your tax dollars. 51 Do you have additional questions? 52 Many customers felt uninformed and/or had too short notice of the meetings. Water customers want to know their water consumption history to make informed comments. Customers want to know more about planned water and sewer projects and how that affects rates. Some customers wish to see a discounted rate or assistance program for various reasons: no usage during certain times of year; seniors on fixed income; people who are significantly under the MHI level; temporary hardship, etc. Some customers voiced the opinion their rate is high in comparison to other utility’s rates. Some sewer customers recommend a rate based on water use or some variation. Many customers felt rate the presented “options” were confusing and looked to staff to make recommendations. Utility customers want more frequent communications about system projects and activities. Customers were generally pleased with their interactions with Utility personnel. From:John Erickson To:McKenzie Smith Subject:Beard"s Cove water rates Date:Wednesday, April 3, 2024 11:39:40 PM Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. Hello, Regarding , Beard's Cove I was unable to attend the meeting for the Beard's Cove Community water rates. I would like to propose a fourth rate class: zero water use. My parents bought the lot as part of the original sales. They have passed, and passed the lot to me. I have been unable to sell the lot. The lot is undeveloped, and there is zero water use. I recognize that each lot owner is responsible for paying their share of the original water system cost, plus a minimal cost for annual maintenance of the original system. But on-going costs attributable to the volume of water used should not be charged to a lot owner using no water. In addition, not using water adds value to the water system and its environment. Please weigh my comment, and let me know your response. Thank-you, John Erickson Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:David Nelson To:McKenzie Smith Subject:Sewer rates Date:Thursday, April 11, 2024 4:43:03 PM We own a house in Allyn, Wa and our current monthly sewer bill is $124.86. This is a high rate compared to other sewer service areas. We hope that the rate will not have to be increased. Thanks for your consideration. David and Kathy Nelson Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:Jeff Cizek To:McKenzie Smith Subject:Testimony - Public Hearing for North Bay/Case Inlet Sewer (April 23, 2024) Date:Thursday, April 11, 2024 6:07:27 PM My wife and I recently attended the Mason County Public Works utility rate review meeting for the North Bay/Case Inlet sewer system held at North Mason High School. Since we will be out of the area when the public meeting is held on April 23, 2024, we wanted to provide our testimony to be considered by Public Works and the County Commissioners for sewer rate options moving forward. Recognizing the predominantly fixed nature of a sewer utility’s annual operating and capital costs, most sewer rate structures include a base rate that applies to customers regardless of the amount of water that they use. Base rates would include a charge per account to recognize that some costs (e.g. utility billing) are attributable to all customers equally, regardless of their demand or service characteristics. In addition to the base rate, the remainder of the sewer rate is normally determined by a sewer flow charge based on metered water usage. In the absence of metered water usage, most utility companies, Mason County included, opt to use a flat sewer rate for all customers. While a flat rate provides revenue stability and reliability to cover what is primarily the fixed cost of providing service and is the easiest to manage from a billing perspective, it is the least equitable for the customer and does not provide enhanced affordability for low users. The retired widow living in a 300 square foot cabin with one bathroom pays the same amount for her sewer bill as the married working couple with three children living in a 3500 square foot 4-bedroom 3-bath house. This neither fair nor equitable, contrary to what should be one of the goals of the utility company. It is understood that most equitable rate structures are more complex to administer than a flat sewer rate, but precedence has been established for managing this type of rate structure. For example, the Metropolitan St. Louis Sewer District has implemented a non-metered volume charge for some of its customers. They have a base rate as discussed above and a sewer flow charge determined by the total number of rooms, number of baths, number of showers, and number of toilets in a residence. Each of these elements is assigned a certain monthly fee. For example, their base rate is $26.35/month. Each room is charged $2.89/month. Each bath and each shower are charged $8.93/month. Each toilet is charged $10.72/month. Our current home has seven rooms, one bath, two showers, and two toilets. Applying the rate structure above, our monthly utility bill for our 1400 square foot three-bedroom two-bathroom home would be about $95/month. The monthly utility bill for the 300 square foot cabin with one bathroom would be just over $50/month. The monthly utility bill for the 3500 square foot four-bedroom three-bathroom home in Lakeland Village would be just over $130/month. If it is determined that the median home in Mason County is like ours and has three bedrooms and two bathrooms, the monthly rates mentioned above could be adjusted to bring the monthly bill up to $110.54 which is considered affordable for the average North Bay household. Most of the households would pay this amount, with some paying more and some paying less. In addition to establishing a new equitable program for sewer rates, Mason County should establish a Utility Discount Program like that of Seattle Public Utilities. This would result in a 50% rate discount for residents who make less money than 70% of the county’s median income. This would help seniors on a fixed social security income as well as some families struggling to make ends meet. The Utility Discount Program should not be solely age-based as many seniors are financially well-off and should not be eligible for the discount. This discount program would further enhance efforts to make sewer rates fair and equitable. In addition to the methodology described above for determining monthly sewer rates, Mason County should revise how connection fees are collected from its customers. It does not appear connection fees have increased at the same rate as monthly sewer bills. The county should look back at the percent increase in sewer rates from the inception of the North Bay sewer to present day and adjust connection fees accordingly. Currently, connection fees are collected one-time only from a residence. There is no buy-in to the sewer system for subsequent owners of a residence. The county should charge a connection or buy-in fee upon sale of a residence. This fee could be the same amount as the connection fee or some percentage of it that must be paid by the new owner of the residence. This connection fee would be due when the new owner sets up their account for the sewer system. It is not uncommon for something similar to happen when a customer establishes their home phone, cable television, and electric utilities when moving into a newly purchased home. These are just a few ideas on how Mason County could make some fundamental changes on how they collect fees associated with operation of the North Bay sewer system to make things fair and equitable. Please let us know if you have any questions or comments regarding the discussion above. Thank you. Jeff and Chris Cizek Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:Les Foss To:McKenzie Smith Subject:rate Date:Friday, April 12, 2024 9:28:42 AM This has been the most confusing comment process I have ever seen. Firstly we get a notice of a meeting on the day of that meeting and there is no way to reorganized to get there for that meeting and then this notice arrives in bill about a public hearing and there is NO place for hearing other than email!! We in Lakeland Village pay the highest rates for sewer in Mason County with the caveat that those rates would go down when more people came on the "line" but that has not happened. Rates keep increasing. At a meeting here with one of the commissioners, it was stated that rate increases were based on CPI and the general comment from the audience was "why". The answer to that was never really explained. I am against any rate increase without a reasonable explanation as to why. Please verify and clarify what is going on. Leslie Foss Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:S S To:McKenzie Smith Subject:Testimony for Public Hearing regarding Utility Rates Date:Tuesday, April 16, 2024 7:19:48 PM Thank you for this opportunity to provide testimony. My concern is the ridiculously high sewer rates (currently $124.86 per month). My wife and I winter out of state and only use the sewer system for 6-7 months per year. The fee, however, is required to be paid monthly, whether we use the system or not. The county should look into developing a system that measures and only bills for actual usage or waive fees for people who can sufficiently establish that the system is not being used. Steven C. Sherman Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:MD To:McKenzie Smith Subject:North Bay Sewer Date:Thursday, April 18, 2024 1:44:03 PM Hello, We live in downtown Allyn across from the water and wish to add comments about our sewer system and proposed rate increase. 20 plus years ago the rate was approx $45 and now to 124.86. It has never been a fair rate to those of us with one singular bathroom!! We pay the same rate as those with three toilets and kids!! We are seniors forced to pay outrageous fees for PO BOX (because the mailman doesn't want to stop on this side of 3) and on top of that the most expensive sewer rate I have ever seen.!! Our property taxes are also outrageous. Mason county fees in general have always seemed super high as compared with other counties. In fact I know they are. thank you Meegan Danby Virus-free.www.avg.com Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:Wendy Thompson To:McKenzie Smith Subject:FW: North Bay sewer system proposed rates presentation Date:Friday, April 19, 2024 8:24:27 AM McKenzie, See below, this is a North Bay customer that wanted his comments included in the public hearing on the 23rd. Thanks! Wendy Thompson, Office Specialist Utilities & Waste Management Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 (360) 427-9670 ext. 199 From: Denny Brand < Sent: Tuesday, April 16, 2024 4:41 PM To: Wendy Thompson <wthompson@masoncountywa.gov> Subject: Re: North Bay sewer system proposed rates presentation Thank you Wendy for sending me the new rate proposal. Yikes....pretty soon our sewer bill will be our biggest monthly bill. Having the grinder pump sewer is really good for our North Bay, but for many of us senior citizens this could along with our rising property taxes become a real financial burden for us to remain in our homes. We always pay our bills as all good, responsible citizens must do.....but maybe our state and local governments might consider capping our property taxes depending on our age. Sure would help us remain in our homes and continue to be good law- abiding senior citizens of Mason County. Denny Sent from my T-Mobile 5G Device Get Outlook for Android From: Wendy Thompson <wthompson@masoncountywa.gov> Sent: Tuesday, April 16, 2024 3:07:25 PM To: Denny Brand < Subject: North Bay sewer system proposed rates presentation Attached is the powerpoint presentation you requested. Feel free to contact me with any questions. Kind regards, Wendy Thompson, Office Specialist Utilities & Waste Management Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 (360) 427-9670 ext. 199 Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:Thalia Foreman To:McKenzie Smith Subject:North Bay Utility Rates (testimony for public hearing) Date:Sunday, April 21, 2024 11:49:38 AM Good Morning, My name is Thalia Foreman. My husband Tom & I live in Lakeland Village at We attended the meeting on April 9 at the High School in Belfair. We are in favor of increasing our utility cost in a way that will allow for sufficient revenue and financial stability to fund the projected operating and anticipated Capital expenditures. We realize that this may not be a popular or affordable option for everyone, but we could also live with the "all in" rate of $165/month. If this option were chosen, we would expect that we would not see another rate increase in the foreseeable future. Thank you, Thalia Foreman Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:Pamela White To:McKenzie Smith Cc:Pamela White Subject:Utility rates testimony Date:Monday, April 22, 2024 10:41:11 AM Dear Ms Smith, I am writing in response to your request for testimony for the April 23 utility rates public hearing for Belfair Sewers. When the sewer system was first built, we were told that it was "overbuilt" for expected development within the Belfair UGA that did not occur. This was an oversight by the Mason County Commissioners at that time and should not be used to penalize rate payers now or ever. Currently, we pay $171.36 per month since January 2023, which was an increase over the $163 I had paid monthly since the system was built. My address is 91 NE Alder Creek Lane, Belfair. I have owned this property since 1985. It is a one-of-a-kind unusual home built in the 1940's and added on to in the 1970's. There would be no comparable properties within the area from which to compare for taxing or other purposes. The land on which the house sits includes a large unbuildable wetlands area designated as such on the county property records. Now that we have extensive new development in the north end of Belfair, specifically the houses and apartment buildings above McDonalds, I'm wondering why the buyers of those homes pay the same sewer hookup fees as anyone else within the UGA (or perhaps all of Mason County)? Why wasn't the developer responsible for the sewer hookups for the whole development by paying a developer "impact fee" for all the new buildings from which they will profit? Instead, they were allowed to pass this sewer hookup cost on to all the potential individual buyers of those homes. I may not be using the correct terminology here but I hope you understand my question. It does not seem fair that existing long-term rate payers should be tasked with sewer rate increases so that Mason County can build up their reserve fund for the sewer system "in case something goes wrong," especially with all the new construction occurring in Belfair. My understanding is that the sewer rates will increase by 5% in June 2024 and then every year after that from 1-3%. The rate increase is based on the CPI which increases annually. How does the CPI take into account the fixed incomes that most retired people receive? My husband and I are both retired North Mason School District teachers and living on fixed incomes. The home that we own in Belfair on Alder Creek Lane is primarily used as supplemental rental income that we depend on. The ever-increasing property taxes, insurance rates and utility rates are making it difficult for us to maintain this property. Please explore other means of building your sewer system reserve without increasing the sewer rates for Belfair homeowners. Respectfully, Pamela and David White Re: Pamela S. White Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:Jeff Overman To:McKenzie Smith Subject:Part time resident Date:Sunday, April 21, 2024 6:36:36 AM I'm a senior citizen and only at my Allyn home in the summer months. Is there a way to reduce my sewer bill? I don't use any water or sewer 8 months out of the year. -- Jeff Overman, Realtor Desert Homes w/ Berkshire Hathaway HomeServices CA Properties Oasis Country Club/On Site Office What's Your Home Worth?Get three automated Estimates - Instantly.No cost, and no obligation. Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:cathy Olsen-Dennis To:McKenzie Smith Subject:Utility Rates in North Bay Date:Monday, April 22, 2024 12:39:01 PM I have a question for clarification regarding the power point presentation. If sewer rates go up based on CPI-U index, what percentage of the increase is paid in salaries vs specific cost for capital improvements and debt?? What does the breakdown look like? It surprises me that the CPI was 6.9% because this was not reflected in cost-of-living adjustments. So, it seems like this CPI reflects salary increases. If the affordability is based on an index of 2% of the MHI, then one needs to stick close to those equations. Incomes do not always rise 2%/year. The Cola’s and the CPI are not in sync. This is especially true for fixed incomes like retirement. Lakeland Village has a lot of fixed incomes due to retirement. Ways to increase funds for repairs and upgrades maybe could be a quarterly bill for a capacity charge somewhat like King County. Maybe find an equitable way to determine how you’d come with a quarterly charge per household, like square footage of the home, number of bathrooms/bedrooms and occupants. This capacity charge would fund the capital improvements and rainy-day fund. You could also use this same formula to determine an equitable charge for a monthly bill. The current method chosen is not equitable. It’s a flat rate based on affordability alone. It doesn’t account for the number of people in a household, square footage of the house, number of bedrooms or bathrooms. Mason County chose this because they don’t have a way to measure flow. Sewer usage is like water usage per the diagram from the power point. I’m not sure why one hasn’t look to other counties to check on averages. I heard it takes too much time to figure this out. Unfortunately, this community has paid high sewage rates from the beginning. If the State is mandating that urban growth areas must be connected to sewer, then more funds should be allocated from the state to help with projects that seem to nickel and dime small communities to keep up with the demands of operational and capital improvement costs. Belfair got help, why not give Allyn the same help. Create equitable increases to cover essential cost and create a quarterly capacity charge to help with capital improvements. Apply for grants that offset aging equipment now. Maybe charge more for initial hookups. Thank you, Cathy Olsen-Dennis Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:HOWARD HUGHES To:McKenzie Smith Subject:Rustlewood Utility Rate Increase Date:Monday, April 22, 2024 1:18:39 PM To whom it may concern, After the so-called Town hall at Rustlewood Community Hall last April 16th, several requested for information were made, some of which we had to go and get, other info such as capital expenditures with timeline were not made available. A piece of data obtained was operating costs from 2010 to 2023. Within this data it shows a lack of effort in maintaining the Rustlewood Water system. The actuals show expenditures of $30k for 2019, 2021, 2023 for water plan. All the while we continue to have brown water or no water. With these dollars being spend we are attempting to understand what this money was spend on. Clearly not our water. Looking forward from this info, how does Rustlewood get guarantees of work to be done and when? While a rate increase is a given, we - Rustlewood have no clear understanding of how the increase dollars would be spent. The community would like an understanding to th following questions: 1) what exactly will the rate increase cover and when? 2.) why has our water system been disregarded for years? Still having a jar of the brown water from last year, I will be taking that in for testing. The comment was made that Mason County is aware of this poor water quality and have known for year. It was also noted that Mason County has band-aided repairs which implies a non-permeant fix. Feel free to call if any question, Howard Hughes Caution: External Email Warning! This email has originated from outside of the Mason County Network. Do not click links or open attachments unless you recognize the sender, are expecting the email, and know the content is safe. If a link sends you to a website where you are asked to validate using your Account and Password, DO NOT DO SO! Instead, report the incident. From:S N To:McKenzie Smith Subject:Rustlewood rate testimony Date:Tuesday, April 23, 2024 6:32:13 AM Hello. I am writing to you regarding the Rustlewood rates. I am a teacher and am unable to attend the meeting. A major concern for many residents has been the quality of the water in Rustlewood. From attending last week's meeting, I realize folks are working to improve the issues. My water usage was shared with me yesterday via a phone conversation. I am still wondering what the output is for wastewater for my property. Neither pieces of data are shared with customers on our bills. Is it possible to start including this monthly info on our Rustlewood bill? As I understand it, Mason Co Public Works manages a few different systems for unincorporated Mason County. Water: Rustlewood and Beard's Cove. Sewer: Rustlewood, Belfair, North Bay/Case Inlet. I requested and had hoped to preview Rustlewood's budget and expenses spreadsheet prior to today's meeting. I did not see that info in my inbox. I believe these docs should be available to the public? I could not find it online. One reason I want to see these docs is because I am wondering about the efficiencies across the systems. Has there ever been an audit for how Mason County Public works spends money on the different systems? Who are the people who have jobs that support more than one system? How are salaries and benefits shared across systems? What are the expenditures that are being shared across systems? I would like to propose that the commissioners consider using the data from the past 11 months to set rates for the next year based on each customer's usage. I think looking at the data across quartiles then setting up a tiered system based on each property's use for water and sewer would be the most fair for Rustlewood residents. There are still unanswered questions. A major question has been: are there any bonds that are still unpaid for Rustlewood? If so, please share the details. Thank you for allowing customers to submit proposals in writing. Sydni Neves Kendra Rossi