The URL can be used to link to this page

Home My WebLink About2018/04/02 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of April 2, 2018 Monday, April 2, 2018 Commission Chambers 9:00 A.M. Closed Session — RCW 42.30.140(4) Labor Discussion 9:45 A.M. Support Services — Frank Pinter 10:30 A.M. BREAK 10:45 A.M. Community Services — Dave Windom 11:15 A.M. Public Works— Jerry Hauth Utilities & Waste Management 11:45 A.M. Sheriff's Office — Chief Hanson Commissioner Discussion — as needed BREAK— NOON 2:00 P.M. Elected Official/Department Head Meeting Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 03/29/18 at 10:29 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF April 2, 2018 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. We have changed the packet format so that it is an interactive document. Please click on the agenda item which then takes you to the cover sheet of that section in the document. To get back to the agenda, hit your "home" key on the keyboard. Please see draft briefing agenda for schedule. CC 1854 Mason County Support Services Department Budget Management o� y$ co th Commissioner Administration 411 North 5 Street Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.4279670 ext. 419 Human Resources . k_ Information Services Labor Relations 1X_i1 Risk Management ; y MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES April 2, 2018 • Specific Items for Review o Applicants for Thurston-Mason BHO law enforcement representative position —Diane o Resolution to adopt the Mason County Multi-Jurisdictional Hazard Mitigation Plan - Ross o Extend vending services contracts for Mendoza's Texas Style Food (MCRA) and North Mason Little League (Sandhill Sports Complex)—Ross o Follow up on 2018 Budget hearing request for Sheriff's Office: $150K from Treatment Sales Tax Fund (Mental Health Fund) to replace lost BHO revenue for Jail mental health services; $102K from BHO for training; and up to $80K from North Mason School to Patrol. Request to set hearing on May 1- Frank o Mel Chev lease extension —Frank o Notice of update of Jail Standards—Frank o Status of Traffic Policing contract—Frank o $14,000 due to Public Works for crime scene work performed in 2017. Can this be paid from Current Expense by the return of Emergency Management vehicle to ER&R—value is $14,000. — Frank o Implementation of Employee Take Home Vehicle Policy for Public Works employees- Frank • Commissioner Discussion J:\DLZ\Briefmg Items\2018\2018-04-02.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Emergency Management EXT: 806 BRIEFING DATE: 04/02/2018 PREVIOUS BRIEFING DATES: 11/21/2016 and 02/13/2017 If this is a follow-up briefing, please provide only new information ITEM: Resolution to adopt the Mason County Multi-Jurisdictional Hazard Mitigation Plan EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County DEM secured Federal grant funding to update our Muliti-Jurisdictional Hazard Mitigation Plan. The hazard mitigation plans enables state, tribal, and local governments to: • Increase education and awareness around threats, hazards, and vulnerabilities; • Build partnerships for risk reduction involving government, organizations, businesses, and the public; • Identify long-term, broadly-supported strategies for risk reduction; • Align risk reduction with other state, tribal, or community objectives; • Identify implantation approaches that focus resources on the greatest risks and vulnerabilities; and • Communicate priorities to potential sources of funding. After a yearlong planning process and partnership with the City of Shelton, Central Mason Fire & EMS, PUD #1, PUD #3, and Fire District #16 our updated Multi- Jurisdictional Hazard Mitigation Plan is complete and has been approved by FEMA pending formal adoption by the jurisdiction's governing body. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Resolution to adopt the updated Mason County Multi-Jurisdictional Hazard Mitigation Plan ATTACHMENTS: WA State EMD & FEMA letter of Mitigation Plan pre-adoption approval Link to Mason County Multi-Jurisdictional Hazard Mitigation Plan: http://www.co.mason.wa.us/dem/2017-hazard-mitigation-plan-update.phl2 Draft Resolution Briefing Summary 3/27/2018 U.S.Department of Homeland Security FEMA Region 10 130—2281"Street,SW Bothell,Washington 98021 j FEMA 5 March 23, 2018 Mr. Tim Cook State Hazard Mitigation Officer Washington State Emergency Management Division Building 20,MS TA-20 Camp Murray, Washington 98430-5122 Dear Mr. Cook: As requested,on March 23, 2018,the U.S. Department of Homeland Security's Federal Emergency Management Agency(FEMA),Region 10, completed a pre-adoption review of the Mason County Hazard Mitigation Plan. This letter serves as Region 10's commitment to approve the plan upon receiving documentation of its adoption by the communities. The plan successfully contains the required criteria, excluding the adoption, for hazard mitigation plans,as outlined in Code of Federal Regulation Title 44 Part 201. Once FEMA approves the plan,the communities are eligible for mitigation project grants. Please contact our Regional Mitigation Planning Program Manager, Brett Holt, at(425) 487-4553 with any questions. Sincerely, Tamra Blasco Chief, Risk Analysis Branch �j`l11 Mitigation Division BH:vl I +i I i RESOLUTION No. A RESOLUTION OF MASON COUNTY AUTHORIZING THE ADOPTION OF THE MASON COUNTY MULTI-JURISDICTION HAZARD MITIGATION PLAN WHEREAS,all of Mason County has exposure to natural hazards that increase the risk to life,property, environment and the County's economy; and WHEREAS;pro-active mitigation of known hazards before a disaster event can reduce or eliminate long- term risk to life and property; and WHEREAS,The Disaster Mitigation Act of 2000(Public Law 106-390)established requirements for pre and post disaster hazard mitigation programs requiring that"local and tribal government applicants for sub- grants must have an approved local mitigation plan in accordance with 44 CFR 201.6 prior to receipt of a Hazard Mitigation Grant Program sub-grant funding." The purpose of such local mitigation plan is to represent the Multi-Jurisdcition's commitment to reduce risks from natural and man-made hazards; and WHEREAS, pursuant to 44 CFR 201.6, a coalition of Mason County stakeholders with like planning objectives was formed to pool resources and create consistent mitigation strategies to be implemented within each partner's identified capabilities within the Mason County Planning Area; and WHEREAS,the coalition has completed a planning process that engages the public,assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; and WHEREAS,pursuant to 44 CFR 201.6, the Mason County Multi-Jurisdiction Hazard Mitigation Plan has been reviewed and found to meet the regulatory criteria, and following adoption by participating jurisdictions, will be approved by FEMA,making all adopting jurisdictions eligible for mitigation project grants. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to adopt the Mason County Multi-Jurisdiction Hazard Mitigation Plan is hereby adopted in its entirety, including the Partnering Jurisdictional Annex,which represents each planning partner's commitment to reduce risks from natural and man-made hazards. Dated this day of , 2018: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Deputy Prosecuting Attorney Kevin Shutty, Commissioner Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks and Trails EXT: 806 BRIEFING DATE: April 2, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Addendum to Mendoza's Texas Style Food and North Mason Little League vendor contracts EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Food and vending service contracts for the 2017 baseball season were awarded to Mendoza's Texas Style Food for MCRA sports complex and to North Mason Little League for Sandhill Sports Complex. Both contracts have the option of a three year extension at the option, at the COUNTY's sole discretion. Both contracts terms and conditions remain as originally stated with an additional 3 year option at County's sole discretion. BUDGET IMPACTS: Mendoza's will remit 10% of the gross income from the sales of concessions at MCRA to the COUNTY at the end of the 2018, 2019, and 2020 recreational seasons. 2017 Mendoza's remitted to the COUNTY $2,309.00. We have received positive comments from park goers reference Mendoza's food service. North Mason Little League will remit $900 to the COUNTY at the end of the 2018, 2019 and 2020 recreational seasons. 2017 North Mason Little League remitted the $900.00 RECOMMENDED OR REQUESTED ACTION: Recommend that the COUNTY extend the Mendoza's Texas Style Food and North Mason Little League contracts for three years (2018 through 2020). ATTACHMENTS: Draft Addendums to Mendoza's Texas Style Food and North Mason Little League contracts. Briefing Summary 3/27/2018 EXTENSION OF PROFESSIONAL SERVICES CONTRACT WITH MENDOZA'S TEXAS STYLE FOOD FOR VENDING SERVICES AT MCRA Mason County desires to extend the contract with Mendoza's Texas Style Food that was entered into on March 20, 2017 for vendor services for MCRA.The agreement is extended to March 2020. All provisions of the agreement remain the same. Dated this day of 12018 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin,Chair ATTEST: Clerk of the Board Terri Drexler,Commissioner APPROVED AS TO FORM: Tim Whitehead,Chief DPA Kevin Shutty, Commissioner Raul Mendoza, Owner Mendoza's Texas Style Food EXTENSION OF PROFESSIONAL SERVICES CONTRACT WITH NORTH MASON LITTLE LEAGUE FOR VENDING SERVICES AT SANDHILL SPORTS COMPLEX Mason County desires to extend the contract with North Mason Little League that was entered into on April 4, 2017 for vendor services for Sandhill Sports Complex.The agreement is extended to March 2020. All provisions of the agreement remain the same. Dated this day of . 2018 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin,Chair ATTEST: Clerk of the Board Terri Drexler, Commissioner APPROVED AS TO FORM: Tim Whitehead, Chief DPA Kevin Shutty,Commissioner Richard Knight, Representative North Mason Little League Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Facilities EXT: 530 BRIEFING DATE: 04/02/2018 PREVIOUS BRIEFING DATES: 03/19/2018 If this is a follow-up briefing, please provide only new information ITEM: Addendum of the Rental Contract for the Mell Chev Building for Facilities, Sheriff's Office Evidence and Mason County SAR. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In April of 2015 Mason County entered into a rental contract with Elizabeth Mell for the building lease of the Mell Chev building (305 South 1st Street, Shelton) for a term of three years with the option to extend for 5 years with a cost escalator not to exceed 10%. Mason County Support Services would like to utilize that option to secure another 5 year contract/lease with Elizabeth Mell for the Mell Chev building. Through conversations with Elizabeth Mell she has agreed to extend the contract/lease for 5 years under the following conditions: Elizabeth Mell proposed the following cost escalator; yearly increase of 5% starting on May 1, 2019 (proposed increase will be $100 per month/per year). 2019 = $1900 per month 2020 = $2000 per month 2021 = $2100 per month 2022 = $2200 per month 2023 = $2300 per month Elizabeth Mell also proposed that the rest of the Lease Agreement remain as originally stated with an additional 5 year option to renew with the same conditions and cost escalator not to exceed 10%. BUDGET IMPACTS: The 5 year contract/lease of the Mell Chev building for Facilitates, Sheriff's Office evidence and Mason County SAR will have a budget impact would be increase of $1,200 per year compounded throughout the length of the lease ending in 2023. Briefing Summary 3/28/2018 Attachment B RECOMMENDED OR REQUESTED ACTION: Mason County Support Services recommends that we enter into this Addendum of the Rental Contract for the Mell Chev Building to extend our lease from May 1, 2018 to through May 1, 2024. ATTACH M E NTS: 1. Building Lease Agreement, Elizabeth Mell, LLC and Mason County 2. Draft Addendum of the Rental Contract with Elizabeth Mell for 305 South 1s' Street, Shelton. Briefing Summary 3/28/2018 EXTENSION OF RENTAL CONTRACT WITH ELIZABETH MELL FOR RENTAL OF MELL CHEV BUILDING Mason County desires to extend the rental contract with Elizabeth Mell that was entered into on May 1, 2015 for the property located at 305 South 1st Street,Shelton (Mell Chev Building).The original contract has an option for a 5 year extension with a cost escalator not to exceed 10% The County desires to execute the option of a 5 year rental contract with the following agreed upon rent schedule: Year starting May 1, 2019 =$1900 per month Year starting May 1, 2020 =$2000 per month Year starting May 1, 2021 = $2100 per month Year starting May 1, 2022 = $2200 per month Year starting May 1, 2023 = $2300 per month All other provisions of the rental contract remain the same. Dated this day of . 2018 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin,Chair ATTEST: Clerk of the Board Terri Drexler, Commissioner APPROVED AS TO FORM: Tim Whitehead, Chief DPA Kevin Shutty,Commissioner Elizabeth Mell, Owner 305 South 1st Street,Shelton (Mell Chev Building) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 4/2/18 PREVIOUS BRIEFING DATES: 3/19/18 If this is a follow-up briefing, please provide only new information ITEM: Creation of a Housing and Behavioral Health Advisory Board EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Since the last briefing, the documents in the attachments have been created for review and edits. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Recommendations to finalize documents Approval to move resolution approving the Housing and Behavioral Health Advisory Board to the action agenda ATTACHMENTS: Housing and Advisory Board: 1. Application 2. News release 3. Resolution 4. Interlocal Agreement 5. By-Laws Briefing Summary 3/28/2018 -,\ Application: -hn Housing & Behavioral Health Advisory Board MASON COUNTY Email or scan to: Todd Parker at t arker co.mason.wa.us COMMUNITY SERVICES p Name: Mailing Address: Street Address City Cell Phone: Alternate Phone: Email Address: Occupation: 1. Please check which position you are applying: ❑ County Commissioner ❑ City Commissioner or Council Member ❑ Board of Health ❑ United Way ❑ Citizen 2. Please check the following boxes to certify that you: ❑ Are a resident of Mason County ❑ Have no direct affiliation with any organization applying for Housing, mental health or chemical dependency grant funding through Mason County ❑ Are willing to learn about services for people with housing and human services needs ❑ Understand strategic plans and evaluating performance measures ❑ Can commit time to a four-year term, monthly meetings and special meetings as called 3. Describe your qualifications, skills, and/or awareness in the following areas (If relevant, job title and years experience are sufficient) • Affordable and Homeless Housing and corresponding Supportive Services Signature: Date: • Mental Health and/or Chemical Dependency • What do you hope to accomplish as an Advisory Board Member? Signature: Date: NEWS RELEASE March 20, 2018 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Housing and Behavioral Health Advisory Board In an effort to continually improve the health and quality of life of Mason County residents, the Mason County Board of Commissioners has adopted a resolution forming a Mason County Housing and Behavioral Health Advisory Board. The Advisory Board shall be comprised of no more than seven members: • One County Commissioner, designated as Chair, voting in case of a tie. • One City Commissioner(or council member). • One Board of Health member that is not a county commissioner. • One resident, not employed by Mason County. • All members shall serve a four-year term. The Housing and Behavioral Health Advisory Board shall have authority to make recommendations to Mason County's Depart of Community Services and the County Commissioners in the areas of: a. Issue Requests for Proposals (RFP), decide which proposals should be awarded funds, and provide direction to the County to ensure better utilization of health and human resources in Mason County b. Review and comment on the alignment of required strategic plans c. Examine and evaluate the identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals. d. Development and/or approval of Policies and Procedures related to the request for proposal process, contract monitoring, performance and corrective actions. e. Define opportunities to better manage services and expected outcomes. A report containing recommendations on funding priorities and awards should be received by the Board of Commissioners by May 31, of each calendar year beginning in 2019, unless extended by the Board of Commissioners. Advisory Board meetings shall be subject to the Open Public Meetings Act and members will be required to attend, at no cost to themselves, Open Public Meetings Act and Public Record Act trainings made available by Mason County. Interested parties may obtain an application at the Mason County Commissioners Office, 411 North 5th Street, Shelton, or by calling 427-9670, 275-4467, or 482-5269 ext. 419 or visit the Mason County website at www.co.mason.wa.us. Applications will be accepted until April 5, 2018. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Terri Drexler Chair Commissioner Commissioner Resolution No. A Resolution Establishing a Mason County Housing and Behavioral Health Advisory Board on Homelessness, Mental Health and Chemical Dependency Treatment WHEREAS, housing is a factor that influences health (i.e. a social determinate of health), especially affordable housing, and is a community challenge that is common to all homeless, mental health, and chemical dependency providers; WHEREAS, Mason County receives approximately $1,800,000 through the Consolidated Homeless Grant, local document recording fees and the 1/10 of 1% Sales and Use Tax (i.e. Treatment Sales Tax) for mental health and chemical dependency treatment; WHEREAS, RCW 43.185C.050 section (2)(g) states "Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals"; WHEREAS, previous groups that were formed to identify needs, develop plans, and evaluate request for proposals and make funding recommendations have varied each year resulting in challenges in consistency; WHEREAS, the Mason County Board of Commissioners have agreed to form an Housing and Behavioral Health Advisory Board to evaluate the housing, homelessness, mental health and chemical dependency grant awards and provide recommendations to improve the health of Mason County residents; NOW, THEREFORE BE IT RESOLVED by the Mason County Board of Commissioners that a Mason County Housing and Behavioral Health Advisory Board be established and comprised of no more than seven members: • One County Commissioner, designated as Chair, voting in case of a tie. • One City Commissioner (or council member). • One Board of Health member that is not a county commissioner. • One resident, not employed by Mason County. • All members shall serve a four-year term. Mason County elected officials, department directors, staff, non-profit Executive Directors and Board Members should serve as a resource to the Housing Advisory Budget Committee and attend meetings as requested. The Housing and Behavioral Health Advisory Board shall review and develop recommendations to Mason County's Depart of Community Services and County Commissioners in the areas of: a. Issue Requests for Proposals (RFP), decide which proposals should be awarded funds, and provide direction to the County to ensure better utilization of health and human resources in Mason County b. Review and comment on the alignment of required strategic plans c. Examine and evaluate the identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals. d. Development and/or approval of Policies and Procedures related to the request for proposal process, contract monitoring, performance and corrective actions. e. Define opportunities to better manage services and expected outcomes. Resolution No. A report containing recommendations on funding priorities and awards should be received by the Board of Commissioners by May 31, of each calendar year beginning in 2019, unless extended by the Board of Commissioners. Housing and Behavioral Health Advisory Board meetings shall be subject to the Open Public Meetings Act and members will be required to attend, at no cost to themselves, Open Public Meetings Act and Public Record Act trainings made available by Mason County. Dated this 26th day of March, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner INTERLOCAL AGREEMENT CREATING THE Mason County Housing and Behavioral Health Advisory Board This Interlocal Agreement is entered into by and between Mason County (hereinafter the "County"), a political subdivision of the State of Washington, and the city of Shelton (hereinafter the "City"), municipal corporations within Mason County, to create the Mason County Housing and Behavioral Health Advisory Board (hereinafter the "Board"). WHEREAS, the County and the City agree to work together and join resources necessary to address common gaps in meeting basic health and human services needs within Mason County; WHEREAS, pooling and coordinating health and human services resources can be more effective in meeting these needs; WHEREAS, there is a benefit to the participating Parties to develop common approaches utilizing Evidence Based and Promising Practices to meet these needs; WHEREAS, creating a single Advisory Board for services that have housing as a central challenge and/or where housing solutions are essential to program effectiveness in meeting community needs and improving the quality life of Mason County residents; WHEREAS, the County and the City recognize the need to create an Advisory Board to manage the funding and award process identified herein and hereafter; WHEREAS, This Interlocal Agreement is made and entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act; NOW THEREFORE, in consideration of the mutual promises made herein and the mutual benefits received hereunder, the Parties agree as follows: I. Purpose and Function of the Board A. The Mason County Housing and Behavioral Health Advisory Board is created, and the purpose of the Board is to allocate a pool of public funding to address unmet areas of need in health and human services, as well as look at avenues toward consolidation and collaboration of other health and human services funding. B. The function of the Board is to set priorities, issue Requests for Proposals (RFP), decide which proposals should be awarded funds, and provide direction to the County to ensure better utilization of health and human resources in Mason County II. Membership A. The Mason County Board of Commissioners agree that a Mason County Housing and Behavioral Health Advisory Board be established and comprised of at least three, but no more than seven members from the following sources: 1. One County Commissioner, designated as Chair, voting in case of a tie. 2. One City Commissioner (or council member). 3. One Board of Health member that is not a county commissioner. 4. United Way 5. One resident, not employed by Mason County, and not more than one resident from each district. 6. All members shall serve a four-year term. B. The Board may accept new members, with the agreement of all the participating members through an amendment to this Interlocal Agreement. III. Board Organization and Authority A. The Board membership will include one (1) elected official from each participating jurisdiction to serve as a representative and one (1) elected official to serve as an alternate. Representatives will participate in all activities and report to their respective legislative bodies. Staff from participating jurisdictions may also attend and participate in administrative functions at the direction of their Board members. IV. The Board shall: A. Bylaws. Adopt a set of bylaws setting forth the manner in which it will perform its functions. B. Decision Processes. Develop a set of decision process protocols based on best practices. The Board will adopt these protocols prior to issuing RFPs and making decisions on which proposals should receive funding. V. Voting: A. Each of the participating members of the Housing and Behavioral Health Advisory Board shall have an equal vote in recommendations for the allocation of the available funding and selection of the proposals that should receive funding. Future expansion of the Board to allow new participating members or jurisdictions shall require revision of this Interlocal Agreement including revision of provisions regarding decision making and voting. VI. Chairing A. The Board shall annually elect a Chair and Vice Chair. The duties of the Chair shall be to preside over Board meetings and provide the direct link of the Board with the administrative staff providing administrative activities as set forth in subsection E hereof. The Vice Chair shall serve in the absence or inability of the Chair. VII. Board Support A. The Community Services Department of Mason County shall provide administrative support for the Board in the following manner that is related to the position of program coordinator: 1) contract management; 2) preparation and distribution of RFPs; 3) review and summary of responses to RFPs; and, 4) resources for special projects (i.e. data collection, quality improvement and reports). VIII. Meetings A. All meetings of the Board shall be open and public as provided for in Title 42.30 RCW. B. Mason County Commissioners shall adopt a resolution setting forth all regularly scheduled meetings for the year. C. Any meeting held outside of a regularly scheduled meeting shall be considered a special meeting pursuant to RCW 42.30.080 and can be held upon the call of the Chairperson. D. The Board, through the Member jurisdiction providing the administrative staff functions, will make all materials related to the RFP process, applications, reports and other related materials available for public review. IX. County-wide Projects A. The Board may implement certain County-wide projects, including but not limited to the following: 1. Develop a single application for all RFPs/contracts; 2. Develop performance measures for contracts; 3. Develop service priorities; 4. Identify future fund sources 5. Identify potential cross County/City coordination of resources X. Funding Principles A. Funds will be awarded through contracts issued by the County to service providers qualified to offer the requested services in a timely manner based on fund awards by the Board. XI. Termination Clause: It is the intent of the Parties that this Interlocal Agreement shall continue in force until amended or terminated. This Interlocal Agreement will terminate upon: 1)withdrawal of all but one (1) participating jurisdiction; or, 2) the unanimous decision of all participating Parties to terminate the Interlocal Agreement. XII. Legal Scope: This Interlocal Agreement creates no separate legal entity. XIII. Publication: Prior to its entry into force, this Interlocal Agreement shall be filed with the Mason County Auditor's Office or posted upon the websites of the County and City as provided by RCW 39.34.040. XIV. Effective Date: This Interlocal Agreement shall be effective upon the last signature of all the Parties hereto. XV. Waiver: No waiver by any party of any term or condition of this Interlocal Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or different provision. XVI. Amendment: The provisions of this Interlocal Agreement may be amended with the unanimous approval of all Parties. No additions to, or alterations of, the terms of this Interlocal Agreement shall be valid unless made in writing and formally approved and executed by the duly authorizing agents of all Parties. Amendments to the Interlocal Agreement executed prior to July will take affect the following fiscal year. XVII. Applicability of Law: This Interlocal Agreement is and shall be construed as being executed and delivered within the State of Washington and it is mutually understood and agreed by each party hereto that all Agreements and Statements of Work shall be governed by laws of the State of Washington, both as to interpretation and performance. The Parties agree that the venue for enforcement of any provisions shall be the Superior Court of Mason County. XVIII. Severability: If any section or part of this Interlocal Agreement is held by a court to be invalid, such action shall not affect the validity of any other part of this Agreement. XIX. Entire Agreement: The Parties agree that this Interlocal Agreement is the complete expression of the terms hereto, and any oral representations or understandings not incorporated herein are excluded. Further, any modifications of this Interlocal Agreement shall be in writing and signed by all Parties. IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Agreement to be executed by the dates and signature herein under affixed. The persons signing this Interlocal Agreement on behalf of the Parties represent that each has authority to execute this Interlocal Agreement on behalf of the Party entering into this Interlocal Agreement. Mason County City of Shelton Chair of the Board City Manager Date Date Approved as to form: TIM WHITEHEAD PROSECUTING ATTORNEY Approved as to form: By: By: Deputy Prosecuting City Attorney Attorney BY-LAWS OF THE Housing and Behavioral Health Advisory Board ARTICLE 1, AUTHORITY The Mason County Board of Commissioners have agreed to form an Housing and Behavioral Health Advisory Board to evaluate the housing, homelessness, mental health and chemical dependency grant awards and provide recommendations to improve the health of Mason County residents. ARTICLE 2, PURPOSE The Housing and Behavioral Health Advisory Board shall review and develop recommendations to the County Commissioners on the following: a. Recommend funding priorities. b. Funding and request for proposal (RFP) award recommendations The Housing and Behavioral Health Advisory Board shall have authority to make recommendations to Mason County's Depart of Community Services in the areas of: a. Issue Requests for Proposals (RFP), decide which proposals should be awarded funds, and provide direction to the County to ensure better utilization of health and human resources in Mason County b. Review and comment on the alignment of required strategic plans c. Examine and evaluate the identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals. d. Policies and procedures relating to the request for proposal process, contract monitoring, performance and corrective actions. e. Define opportunities to better manage services and expected outcomes. A report containing recommendations on funding priorities and awards should be received by the Board of Commissioners by May 31, of each calendar year beginning in 2019, unless extended by the Board of Commissioners. ARTICLE 3, MEMBERSHIP A. The Mason County Board of Commissioners agree that a Mason County Housing and Behavioral Health Advisory Board be established and comprised of at least three, but no more than seven members from the following sources: • One County Commissioner, designated as Chair, voting in case of a tie. • One City Commissioner(or council member). • One Board of Health member that is not a county commissioner. • United Way • One resident, not employed by Mason County, and not more than one resident from each district. • All members shall serve a four-year term. B. Minimum Qualifications a. Residence status within Mason County Page l of 3 DRAFT b. Have no direct conflict of interest in any agency contracting with or submitting proposals relating to the funds of this Board. Members or their immediate family will have no commitment, investment, obligation or substantive involvement (financial or otherwise), in any agency contracting with, submitting any proposals to, or is expected to submit any proposals to the collective housing and/or Treatment Sales Tax funds. c. A willingness to learn and gain knowledge of programs and services for affordable housing, people experiencing homelessness, in poverty, with mental illness and/or chemical dependency challenges. d. An ability to gain an understanding of county-wide strategic plans that identify gaps in services. e. A commitment to attend and participate in all Advisory Board activities. C. Removal of a Board Member: An Advisory Board member may be removed from the Advisory Board by a decision of the Board. The action to remove a member shall be performed only in exceptional circumstances where the member has clearly demonstrated a failure to meet obligations, such as a recurrent pattern of unexcused absences from Board meetings. D. A former Board member may submit proposals for funding only following a minimum of (1) full calendar year after the date of their official departure from the Advisory Board. ARTICLE 4, MEETINGS List meeting info, location, any special info— i.e. Meetings of the Housing and Behavioral Health Advisory Board shall be held monthly on the of the month at time in the Mason County Commission Chambers, 411 North 5t" Street, Shelton, WA. Meeting length and frequency may vary as deemed necessary by the Chairperson to fulfill the Advisory Board's responsibilities in a timely manner. Special meetings may be held upon the call of the Chairperson. The initial agenda shall be set by the Chairperson but may be amended at the meeting without special notice. Three days written notice of meetings and the meeting agenda shall be provided to each member via email. Meetings are covered under the Washington Open Public Meetings Act. Mason County elected officials, department directors, staff, non-profit Executive Directors and Board Members should serve as a resource to the Housing Advisory Budget Committee and attend meetings as requested. ARTICLE 5, QUORUM A simple majority vote of at least three (3) members, including the Chairperson, and/or alternates shall constitute a quorum for the transaction of any business that may come before any monthly or special meeting of the Housing and Behavioral Health Advisory Board. ARTICLE 6, VOTING Each regularly appointed member, or duly appointed alternate serving in the stead of a regularly appointed member, shall be entitled to one vote on any matter that may come before Housing and Behavioral Health Advisory Board. The majority vote of quorum present of the Housing and Behavioral Health Advisory Board shall be necessary to decide any question. Page 2 of 3 DRAFT ARTICLE 7, OFFICERS The elected officer of the Housing and Behavioral Health Advisory Board shall be the Chairperson. The Chair shall be elected at the regular meeting in December of each calendar year and shall hold office until their successors have been elected and qualified. The Chair shall be responsible for conduct of the meetings and for setting the agenda. A Chair pro tem can be selected by the Housing and Behavioral Health Advisory Board when the Chairperson is absent. The Housing and Behavioral Health Advisory Board may also choose to elect a Vice-Chair to serve when the Chairperson is absent. A Secretary shall be elected to record, track and post meeting minutes. ARTICLE 8, RECORDS AND CORRESPONDENCE. The Housing and Behavioral Health Advisory Board does not have an office through which it conducts its business. Correspondence shall be directed to Mason County Health Department, Attention: Housing & Mental Health Program Coordinator, 415 N 6th St., Shelton, WA 98584. Minutes shall be kept and are considered a public record. ARTICLE 9, SIGNATURE AUTHORITY The Chairperson is authorized to sign any necessary documents and only one signature is required. ARTICLE 10, TRAVEL No travel expenses shall be reimbursed for Housing and Behavioral Health Advisory Board members. ARTICLE 11, TRAINING 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. ARTICLE 12, AMENDMENTS The Housing and Behavioral Health Advisory Board on thirty days written notice to the membership, may amend these By-Laws at any regular or special meeting. APPROVED this day of 1201 ??, Chair Page 3 of 3 DRAFT MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 4/2/18 PREVIOUS BRIEFING DATES: 1/22/18 If this is a follow-up briefing, please provide only new information) ITEM: Request to initiate Request for Proposal (RFP) to use Treatment Sales Tax (Mental Health Fund) to purchase a house to be used by the participants of the Therapeutic Courts. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Since the last briefing, the Therapeutic Court staff, judges and prosecutor's office have had conversations about the proposal submitted for review. The selection process will be based on the housing agencies capacity to operate the house and partner with the therapeutic courts to provide supportive services. BUDGET IMPACTS: Not to exceed $300,000 from the Mental Health Fund (Treatment Sales Tax) RECOMMENDED OR REQUESTED ACTION: Approval to release Request for Proposal ATTACHMENTS: Request for Proposal Contract that was used for a similar purpose Briefing Summary 3/28/2018 Housing Request for Proposal Mason County Community Services is soliciting applications for the capital purchase, renovation, and management of a house using the Treatment Sales Tax (1/10 of 1% Sales & Use Tax: RCW 82.14.460) to benefit participants enrolled in Mason County Therapeutic Court programs. Specifically, item (3): "Moneys collected under this section must be used solely for the purpose of providing for the operation or delivery of chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. For the purposes of this section, "programs and services" includes, but is not limited to, treatment services, case management, transportation, and housing that are a component of a coordinated chemical dependency or mental health treatment program or service". http://apps.lea.wa.gov/rcw/default.aspx?cite=82.14.460 Throughout this Request for Proposal (RFP), the term "Housing Agency" will be used as a general title for the agencies that will submit applications to acquire, own, manage and renovate the property. Furthermore, the term "House" will be used to mean the property to include a multi-unit dwelling preferably a duplex or triplex. Scope: The purpose is to use Treatment Sales Tax funds to aid in the purchase, renovation and property management of a house for Therapeutic Court participants that do not have housing or lose housing while in the program. The house will be defined as a group home to satisfy transitional housing needs. A multi-unit dwelling, such as a duplex, is ideal to have separate male and female or family living arrangements. The Housing Agency will: • Negotiate and make all arrangements for the purchase of the property including, but not limited to, selecting a real estate agency, closing costs, title, etc. in cooperation with Mason County and Therapeutic Court staff; • Make all arrangements for any renovations; • Meet environmental, health, and safety requirements; • Have the property ready for tenant occupancy within 90 days of purchase. Date of tenant occupancy can be determined upon the selection and purchase of the property; • Establish an MOU between the Housing Agency and Board of County Commissioners on behalf of the Therapeutic Courts that will establish a master lease and responsibilities of each party; • Collect rent from tenants and make payment to the Therapeutic Courts for any amount collected above the property management fee; • Use the house for Therapeutic Court participants for up to a 30-year term with expectations that the property will remain as affordable housing stock in Mason County, and; • Obtain and maintain insurance, maintenance, property taxes, and core utilities (water, sewer, electric, gas and garbage) Rationale: A requirement to become eligible for and become admitted into one of the Therapeutic Courts (Drug, Veteran, Mental Health, and Family Recovery) is to have secure housing. Safe and secure housing is one of the chief challenges of the Therapeutic Court participants. Many of the program participants are working to escape from a family or friend environment that has contributed to their conviction such as chemical dependency. Program participants are more successful with less relapse and higher graduation rates with safe, stable housing. From January 2017 through December 11, 2017, there were a total of 59 Therapeutic Court participants. 24 of these participants became homeless at some point during their program and 8 participants dropped out of the program due to becoming homeless. A house for Therapeutic Court participants will provide transitional housing for households until permanent housing is identified. Project Goals: • Increase program participation • Increase program graduation rates • Reduce homelessness • Increase family reunification • Reduce in-program recidivism • Reduce the number of people in the jail • Provide safe, stable housing on participants' path to treatment and recovery • Create a team atmosphere for program participants that can create a community support network that can last well beyond completion of the program • Secure rent revenue that can be directed back into the Therapeutic Court Program Anticipated Timeline The following anticipated timeline is subject to change, at the discretion of the County: April 23, 2018: Release of RFP June 1, 2018: RFP Application Due. Submit only electronic copies of the application and supporting documents to Todd Parker, program coordinator, tparker co.mason.wa.us June 5— 10, 2018: Review committee meetings and scoring July 1, 2018: Announcement of award Funding: A maximum of$300,000 has been allocated to this project. For a housing agency to be considered for this project they must be able to, directly or indirectly, contribute at least 30% of the funding toward the final project. The goal of this RFP is to solicit a funding request that will include the acquisition and renovation of the sample property and the monthly property management (i.e. administrative and maintenance) fee. Notice of Solicitation: Failure of the County to notify any interested party or parties directly regarding the availability of these funds shall not void or otherwise invalidate the RFP process. Ownership of Material Responses, applications, and other materials submitted in response to this request become the property of Mason County, are documents of public record, and will not be returned. By applying, applicants acknowledge and agree that they and/or their organization claim no proprietary rights to the ideas or approaches contained in the applications. Proposal Costs and Payment of Contingent Fees Mason County is not liable for any costs incurred by an applicant prior to the issuance of a contract. All costs incurred in response to this solicitation are the responsibility of the applicant, including travel costs to attend workshops and/or contract negotiation sessions. Acceptance of Terms and Conditions By submitting a response to this RFP, the applicant acknowledges and accepts all terms and conditions of this request and all County, Washington State, and Federal regulations and requirements related to the delivery of the eligible activities. If the applicant is awarded a contract, the application will become part of the contract agreement. The application is bound by the terms of the application unless the County agrees that specific parts of the application are not part of the agreement. The County reserves the right to introduce different or additional terms and/or conditions during final contract negotiations. Applicants will be required to enter into formal written agreement with Mason County. Right to Reject or Negotiate Mason County reserves the right to reject any or all applications, if such a rejection is in the County's best interest. This Notice of Funding Availability (NOFA) is a solicitation for offers and shall not be construed as an offer, a guarantee, or a promise that the solicited services will be purchased by the County. The County may withdraw this notification at any time and for any reason without liability to applicants for damages, including, but not limited to, bid preparations costs. Additionally, Mason County reserves the right to negotiate with selected applicants and may request additional information or modification from an applicant. When deemed advisable, and before a contract is issued, Mason County reserves the right to arrange an on-site visit/review to determine the applicants' ability to meet the terms and conditions described in this RFP. Cancellation of Applicants Mason County reserves the right, with or without cause, to cancel any contract resulting from this RFP with thirty (30) calendar days written notice sent by certified mail, return receipt requested, to the applicant's address of record, as indicated on the applicant's proposal to this RFP (or last known address on file). RFP Application Contact Information 1. Agency Name, type, mailing address, physical address, phone, and website 2. Executive Director's name, phone and email 3. Financial Manager's name, phone and email 4. Project Manager's name, phone and email 5. List the names, phone numbers and email of all board of directors Staffing 6. Has there been turnover in key positions, including the board, during the past 12 months? If yes, please explain the impact to the agency and plan to be fully staffed with timelines. 7. List the person that will serve as project manager and include a description of their qualifications and experience. Fiscal Management 8. List the dates of the last financial, internal and/or compliance audit, the type of audit, and if there were any findings within the last three years. Are there any unresolved audit findings? If so, describe the status of these findings. 9. Describe the organizations current financial condition and outlook for sustainability. If the organization is facing financial challenges, describe what steps are being taken to strengthen the organizations financial condition. 10. Describe the organizations fiscal management, including financial reporting, record keeping, accounting systems, payment procedures, and audit requirements. 11. Describe your organizations policies and procedures to assure the proper use and safeguarding of public funds. Project 12. Describe your agency's experience operating property like the one described in this proposal. 13. Describe how you will use a fair process to select a real estate agency and negotiate fees to help keep cost down to provide affordable housing. Provide an example from a previous transaction where you were able to accomplish this. 14. Describe any supportive services you can provide to the tenants in partnership with the Therapeutic Courts. 15. A sample property is included in the application packet. Base your calculations on this property to project the amount of funds requested. Submit a Pro Forma that includes the following: 16. A list of each source of funding and the amount 17. Uses of income (e.g. acquisition, construction/rehab/renovation, due diligence, closing costs, loan fees, etc.) 18. Total Debt Service (e.g. amount to be financed, interest rate, and term) 19. Annual Debt Service amount 20. Operating Expenses (provide a detailed list) 21. Maintenance Expenses (provide a detailed list) 22. Administrative Expenses (provide a detailed list) 23. Summary: a. Total amount of funding requested for the acquisition and renovation b. Monthly property management fee Checklist for the RFP Application: o Application Questions o Pro forma o Project timeline to include estimated date of tenant occupancy o Sample MOU o Annual Report that includes financial performance I MASON COUNTY and HOMES FIRSTI Veteran's Shelter and Permanent Supportive I touring Facility Purchase and Rehabilitation Contract r This CONTRACT Is made and entered into by and between Mason County, hereinafter referred to as"COUNTY"and Homes First[hereinafter referred to as"CONTRACTOR." RECITALS I WHEREAS, COUNTY desires to provide low-income and/or homeless Veterans with a Shelter ! and Permanent Supportive Housing; and i WHEREAS, CONTRACTOR, an established low-income housing non-profit provider, has secured the funds required to cover a portion of the costs associated with purchasing a house to be used as a low-income and/or homeless Veteran's Shelter and a duplex to be used as Permanent Supportive Housing for low-income Veterans; and I WHEREAS, the County Commissioners have pledged $100,000 to be used to complete the purchase and rehabilitation of the properties. ! NOW,THEREFORE, for and in consideration of the CONTRACT and the payment to be made i by COUNTY, the parties agree to tine following: i Special Conditions Funding Sources: COUNTY is providing $100,000 in revenue generated from document recording fees as allowed per 2005 legislation for Engrossed Second Substitute House Bill (ESHHB)2163 and 2002 legislation for Substitute House Bill (SHB) 2060 to be used for Homeless Prevention. Additional funding sources for the project is a Washington State Department of Commerce (Commerce) 2017 Local and Community Projects Program grant for$199,820 and mortgage loans secured by Homes First. Ownership: j CONTRACTOR will own the properties located at 414-416 S 7th Street and 420 S 7th Street located in Shelton,Washington herein collectively called FACILITIES. Use: The FACILITIES will be used for the purpose of providing Mason County Veteran's with a j Shelter and Permanent Supportive Housing. Following the completion of the len (10) year grant commitment to Commerce, Mason County reserves the right to change the use so long as it aligns with CONTRACTOR's mission. Tenant Eligibility and Rent: 1. Tenants of the Permanent Supportive Housing and Veterans staying in the Shelter must have a verified income that does not exceed 50% of the area median income as determined annually i by the U. S. Department of Housing and Urban Development (HUD). I 2.The total monthly rent for the Permanent Supportive Housing by the tenants can't exceed HUD's annual HOME Program Rents or current HUD low-income housing program. ? 3. The monthly rent for the Shelter can't exceed HUD's annual HOME Program Rents or current HUD low-income housing program. Use of Income Generated from Rent: CONTRACTOR will use any net income generated through these property rentals to provide additional low-income housing in Masan County. Procurement: Procurement of service providers and/or goods is to be conducted in compliance with applicable procurement and contracting procedures and laws as detailed RCW 39.26 or per Commerce's procurement requirements. In instances where the requirements differ CONTRACTOR will comply with the requirement that is the strictest. I Annual Reports: CONTRACTOR will provide COUNTY an annual written report that, at a minimum details: the number of Veterans served at each of the FACILITIES; income and expenses per facility; number of Veterans on the waiting list(s); number of Veterans turned away from the Shelter due to lack of space or capacity; summary of identified unmet needs as defined by the social services provider managing the FACILITIES; two(2) impact or"success" stories; and a summary of potential new low-income housing investments in Mason County. The report is due annually on or before January 31st. Local Preference: COUNTY requests that CONTRACTOR use local (Mason County)service providers, contractors and vendors whenever possible. Period of Affordability: The Period of Affordability for this CONTRACT will start on date of last signature on this CONTRACT and will continue for thirty (30)years. Sale of FACILITIES: Should the CONTRACTOR opt to sell either or both of the FACILITIES prior to the end of the Period of Affordability COUNTY reserves the right of first refusal. If either or both of the FACILITIES are sold CONTRACTOR will reimburse COUNTY's original$100,000 investment plus interest to be computed utilizing Commerce's interest calculation formula. Sale process will follow generally accepted best practices in Washington State real estate market at the time of sale. Failure to Comply: Should the CONTRACTOR fail to comply with the terms detailed Commerce grant and Commerce requires the CONTRACTOR to repay the total sum granted plus interest, COUNTY will also require the CONTRACTOR to repay the$100,000 investment plus interest to be computed utilizing Commerce's interest calculation formula. General Conditions Term: CONTRACT will start on(late of last signature on this CONTRACT and will continue for thirty i (30)years. } ,I 2 r i i i Extension: The duration of this CONTRACT may be extended by nurtual written consent of the parties. Compensation: CONTRACT total value is $100,000. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040,the Prevailing Wage Act;the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, ►ninimUrn 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 prorrnrlgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, aril nothing herein contained shall be construed to create a relationship of employer- employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR will defend, indemnify and hold harmless the 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 tills paragraph. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of f employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment,without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a i 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 advertise rnents 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. 3 I I , 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 bUSin06S any service or benefits under this CONTRACT; or subject an individual or I business to segregation or separate treatment in any manner related to his/her/its receipt any If 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. 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 i purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONI RACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Required: At a minimum, CONTRACTOR shall provide insurance as detailed in"EXHIBIT A Insurance Requirements." 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 61 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. i 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 riot incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and Its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and i 4 f alternative dispute resolution costs,for any per injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1)are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's ar its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall riot 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 imnttmity 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. Provider's initials acknowledging indemnity terms: 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 riot constitute a waiver of CONTRACTOR's indemnify obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify the COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. E-Verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of this CONTRACT, register and participate in the status verification system for all newly hired employees. The term "employee"as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system"means the Illegal Immigration Reform and j Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records Of such compliance and, upon request of the COUNTY,to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirornetits of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a)termination of this CONTRACT and ineligibility for any Mason County Contract for up to three (3)years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit."CONTRACTOR will review and enroll in the E-Verify program through this website:www.uscis.gov I S I r Complianco with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of l America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Budget Manager and his or tier 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 i performed by the COUNTY related to this CONTRACT. CONTRACTOR's primary contact will be Homes First's Chief Officer. 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 corrnnunication 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. 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. Disputes: Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order, that such matters may be settled or other appropriate action promptly taken. 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 (tie 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 6 j i 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 riot, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT"shall be determined by the arbitrator, The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance),or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power,to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later,than forty-five (45)clays 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. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or Interpretation of any i of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the 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. ' I 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, i 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.AGREEMENT 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. 7 f IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. HOMES FIRST BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON AllL rudy Sou u,CChief Officer ` Terri Jeffrey ; i Dated: y ( '� (il Dated: r I I APPROVED AS TO FORM: Tim Whitehead,Chief DPA i l (i } 8 i i i I I EXHIBIT A j INSURANCE REQUIREMENTS t A. MINIMUM Insurance Requirements: i 1. Coni nercial General Liability Insurance using Insurance Services Office"Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact i equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. I Defense costs must be paid in addition to limits. Limits shall be no less than $500,000 per occurrence for all covered losses and no less than $1,000,000 general aggregate. 2.Workers'Compensation on a state-approved policy form providing statutory benefits as j required by law with employer's liability limits no less than$1,000,000 per accident for all covered losses. I 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos In any way ort this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance(Over Primary)if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional i insureds. Coverage shall be"pay on behalf", with defense costs payable in addition to policy I limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required i herein. B. Certificate of Insurance: CONTRACTOR will provide COUNTY with current certificates of insurance throughout the performance period stated in the CONTRACT. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else Involved in this CONTRACT on behalf of the CONTRACTOR(hereinafter "indemnifying parties")to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any Insurance proceeds, and to require all indemnifying parties to do likewise. 3.All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 9 1 4.All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any Insurance it deems necessary to protect its Interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agroes that it will not allow any indemnifying party to self-insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR,which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or any subcontractor,is intended to apply on a primary non- contributing basis in relation to any other insurance or self-insurance available to COUNTY. 10 PUBLIC WORKS MONDAY APRIL 2,2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting April 10,2018) Items for this meeting are due to Diane Zoren on Wednesday,April 4, 2018 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM • AARP Community Challenge 2018 Grant Application for partial funding for a sidewalk project along Old Belfair Hwy. 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • Purchase of Vactor Truck • Eells Hill Construction Update • Belfair Mobility Plan Attendees: Commissioners: Public Works: Other Dept.: Press: Public: _Randy Neatherlin _Jerry Hauth List below: List below List Below: _Kevin Shutty _John Huestis _Terri Drexler _Bart Stepp Others-List below: MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Huestis, PE DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: April 2, 2018 PREVIOUS BRIEFING DATES: ITEM: AARP Community Challenge 2018 Grant Application EXECUTIVE SUMMARY: Public Works is requesting approval to submit a Community Challenge 2018 grant application to AARP, for 2018. This grant application seeks to provide partial funding for a sidewalk project along the west side of Old Belfair Hwy, MP 0.0-0.1, CRP 2009. If selected, the grant will aide in the installation of ADA ramps and sidewalk between the newly constructed HUB Senior Community Center and SR 300. This AARP grant request of $75,000 will reduce the amount of Road Funds required to complete the design and construction of the project, but must be utilized by November 2018. Budget Impacts: The total estimated cost and requested funding for this project is as follows: Estimated Remaining Cost: $150,000 AARP funding request: $75,000 Estimated Road Funds $75,000 RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners authorize the County Engineer to execute the AARP Community Challenge 2018 Application for a sidewalk project on Old Belfair Hwy, as well as approval to authorize the Chair to sign all pertinent documents for the project. Attachments: Grant Questionnaire AARP Blank Application Vicinity Map Mason County GRANT QUESTIONNAIRE Date: April 2, 2018 Office/Department: Public Works Contact Person: John Huestis, PE 1. Name of Grant/Program AARP Community Challenge 2. New Grant X Renewing Grant _ Term (# of years) 0_5 3. Is the grant unchanged, and does not require Current Expense funding? (If Y, please skip to number 24) Y _ NX 4. How will this grant benefit the County's citizens? The grant will provide funding for a sidewalk project on Old Belfair Hwy (MP 0.0 to MP 0.2) to install a sidewalk on the west side of the road. 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 grant anticipated to last? One-time Grant 7. If this is a new grant how will the grant support a current program OR how will the program change? The grant funds will be applied to the Old Belfair Hwy Sidewlk project currently on the the Six Year Transportation Improvement Program. 8. Does this grant require up front funds? Y X N If so, what is the source of the up-front funds needed to cover costs prior to initial and continuing reimbursements being received? The Road Fund will cover the costs and be reimbursed. 9. How many employees (new or current) will be paid by the grant? N None C Yes a. If this grant requires new hire(s) and grant ends, how will unemployment costs be funded? This grant will cover the cost of employees working on this project. 10. Will the grant require matching funds; i.e., in-kind, cash, Employment Security, SocialSecurity, FICA, PERS, etc? Y _ N X If so, what? 11. Would the grant allow for an annual COLA in salary, increase in medical insurance premiums or increases in any personnel benefits? Covers salary increases, but not benefits. 12. What fund would support a cash match (if required)? Road Fund Page 1 13. If required what is the TOTAL cost of the match over the life of the grant? This grant does not require a match The Road Fund will cover all costs not covered by the grant. Design $15,000 Right of Way $10,000 Construction $125,000 Total $150,000 Grant Request - $75,000 14. What fund would support the administration of the grant? Road Fund 15. Will the grant allow for the County cost allocation plan to be funded? 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? Y X N — 18. If so, would the grant provide for the cost of the automobile and/or liability insurance? Y N X 19. Would the grant require activities by other county offices/departments? (i.e. legal review, technology services assistance, new BARS numbers.) Y_ N X If so, what activities? 20. Would acceptance and completion of the grant project in any way OBLIGATE the County to create/enact new ordinance or policies? Y — N X If so, what obligations? 21. Does this grant project include any activities that may fall outside the county's standard policies (personnel policies on travel, hours of work, training required, reimbursement for meeting refreshments, paying for meeting space, etc.?) No 22. Will outside consultants be solicited to work on the grant and if so, is a process in place for appropriate selection and oversight of consultant activities? Y _X_ N_ If so, what is the funding source for consultant fees? The Road Fund would cover the 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 or office's existing budget) OR justification must be provided that the program has been and will continue to save or benefit taxpayers. Program would cease. 24. Please provide (attached to questionnaire) a synopsis of the grant or a copy of the fact sheet. Page 2 Please feel free to submit additional information as needed. Official signature of requesting office/department: 5E'Iec ed Official/Department Head Date Approved by: Chair, Board of County Commissioners Date Page 3 .... AARP COMMUNITY Real Possibilities CHALLENGE Grants to make communities livable for people of all ages aarp.org/CommunityChallenge ATTACHMENT • Application AARP Community Challenge 2018 Grants to make communities livable for people of all ages SAMPLE Application and Budget Outline All applications must be submitted through online AARP.org/CommunityChallenge • NOTE: All fields must be filled out completely in order for the application to be accepted. BASIC INFORMATION 1. Date: 8. Organization Facebook Name 2. Name of Applicant Organization: (if none, enter n/a): If unit of government, please provide 9. Did your organization apply for a grant a detailed description of your agency. in 2017? 3. Organization Address: • Yes 4. Organization's Number of Employees, • No Full and/or Part Time: 10. How did you hear about this 5. Organization's Number of Volunteers: grant opportunity? • The AARP State Office in my state 6. Organization Organizational/Tax Status • The AARP Livable Communities e-newsletter Please check the one that best applies: • 501(C)(3), 501(C)(4) or • A conference 501(C)(6) NON-PROFIT • A community organization • A MUNICIPALITY • A national organization • ANOTHER UNIT OF GOVERNMENT - If so, which one • OTHER (PLEASE DESCRIBE) • Social Media 7. Organization Twitter Handle(if none,enter n/a): • Other 1 AARP Community Challenge 2018 11. Organization Profile (for non-governmental • Is this a membership organization? If yes, how organizations only): many are dues paying members? • Name and brief history of the organization. • Are any members of your organization • Short description of the issues the elected officials? organization is involved in, including issues • Evidence of 501 (C)(3), 501(C)(4)or 501 focused on older adults. (C)(6) non-profit status • Has this organization been involved in other 12. If a governmental entity,will this project livable communities work in this community? require approval by a permitting or elected If yes, briefly describe. body? If so, please indicate how long you • Please describe your decision-making estimate that will take from receiving structure. If you have a steering committee confirmation that you are awarded the grant. or other similar leadership structure, please provide the names and contact information. POINTS OF CONTACT 13. Grant Application Contact: 15. Signatory on Memorandum of • Name Understanding (MOU): • Title • Name • Address • Title • Phone • Address • Email • Phone • Email 14. Project Implementation/Execution Point of Contact(if different from#13): 16. Signatory on financial forms(W9 and AARP • Name Required Vendor Forms), if different from MOU signatory: • Title • Name • Address • Title • Phone • Address • Email • Phone • Email COMMUNITY DETAILS 17. Name of Community Where Project 19. Population Age 50 and Over of Will Be Physically Located/Delivered: Municipality Where Project Will 18. Total Population of Municipality Be Physically Located/Delivered: Where Project Will Be Physically Located/Delivered: Learn more at AARP.org/CommunityChallenge Questions? Email Communitychallenge@aarp.org 2 AARP Community Challenge 2018 PROJECT DETAILS 20.Amount of this Grant Request. as you can within 300 characters for each Note: AARP reserves the right to award less deliverable. See examples in Attachment E. funds than requested, so applicants should • Deliverable 1 be prepared to discuss how they would scale • Deliverable 2 down their proposals if asked. • Deliverable 3 21. Project Proposal Summary. Please provide • Add more as necessary a summary of your project in 2,000 characters For example: or less. Note:this grant may not be used for the • Organization will partner with the CITY following activities: DEPARTMENT to purchase and install at least two fully accessible, stainless steel or • Partisan, political or election related activities concrete tables for a playground located, • Planning activities and/or assessments and at 555 Sycamore Street, Anytown,Anystate, surveys of communities 55555, that is currently under construction • Studies with no follow-up action in COMMUNITY X, to help engage all • Publication of books or reports generations by November 5, 2018. • The acquisition of land and/or buildings • The Organization will also conduct outreach to the community to communicate the new • Solely to sponsor other organizations' events additions to the playground. This outreach or activities will include: • Research and development for a - XX for-profit endeavor - YY • The promotion of a for-profit entity and/or its products and services - ZZ 22. Project Livability Improvement Statement. 24. Project Category. Please select the category Please specify in 350 characters or less the below that best describes your project, along social impact that this grant will bring to the with the primary corresponding sub-category. community, especially those 50 plus. • Deliver a range of transportation and For example: This grant will improve mobility options through permanent COMMUNITY X by activating new public or temporary solutions that increase spaces for people of all ages to engage with connectivity, walkability, bikeability, each other by purchasing and installing tables and access to public and private transit. and board games in a playground that is under - Wayfinding (e.g. signage and markings) construction to help engage all generations in - Roadway improvements(e.g.temporary social activity. Please see additional examples bike lanes) in Attachment E. - Sidewalks/crosswalk improvement and 23. Project Deliverables. Please specify the beautification (e.g. improved markings individual deliverables you will deliver with the for crosswalks, temporary pop ups grant funding. Please provide as much detail at intersections) Learn more at AARP.org/CommunityChallenge Questions? Email Communitychallengegaarp.org 3 AARP Community Challenge 2018 - Trails(e.g. completing and connecting • Support the availability of a range of housing in trails, signage) the community through permanent or temporary - Bikeability (e.g. bike sharing options, solutions that increase accessible and affordable temporary bike lanes) housing options - Public or private transit access - Lifelong housing (e.g.transit shelters) - Accessory dwelling units and tiny homes - Access to amenities - Co-housing programming and resources (e.g. increasing accessibility features - Educational programming and resources of transportation options) about housing options - Other(please only select if your project - Home maintenance and support services does not fit into one of the above categories and please describe in detail) - Access to amenities(e.g. increasing accessibility features of housing options) • Create vibrant public places in the - Other(please only select if your project community through permanent or temporary does not fit into one of the above solutions that improve open spaces, parks categories and please describe in detail) and access to other amenities. - Public space activation (e.g. public plaza • Other improvements, parklets, street trees - Community engagement activities programs, alleyway activation, seating and - Activities that increase access to games in public spaces, seating along Main healthcare services Street corridors, signage in neighborhoods) - Other(please only select if your project - Art installations (e.g. murals does not fit into one of the above and sculptures) categories and please describe in detail) - Park enhancements (e.g. park equipment 25. Project Type. Please select a category for your improvements, new structures, dog parks) project below. - Playgrounds Please note:Proposals for the project types (e.g. intergenerational elements) described below will be prioritized over those - Community gardening (e.g. building that support ongoing programming or events. accessible community garden beds) • Permanent physical fixtures in - Activities to engage people in vibrant the community public places (e.g. open streets events) • Temporary demonstrations that lead to - Access to amenities (e.g. increasing long-term change accessibility features of park equipment) • New, innovative programming or services - Public safety(e.g. proper lighting) - Other(please only select if your project does not fit into one of the above categories and please describe in detail) Learn more at AARP.org/CommunityChallenge Questions? Email Communitychallenge@aarp.org 4 AARP Community Challenge 2018 PROJECT NARRATIVE AND BUDGET Please complete each section with 2,000 characters or fewer(excluding Question 36) 26. The Community's Livable-Communities 31. Geographic Community. Is the project Activities to Date. Please provide a brief for one municipality or neighborhood? If summary of the community policies, programs a neighborhood, please describe why the and services that are targeted toward older neighborhood was selected. Is the project adults and how the community plans to for multiple towns or for neighborhoods in become more livable for all ages. Also describe addition to the main town? If so, how and the role your organization/group played in the why where they selected? above livable community plan. 32. Execution. Describe how the organization will 27. The Community Challenge Project.What execute the work. Does the organization have aspect of your livable communities effort will experience with fast timelines such as this this grant support?What is the community (noting that the project must be completed by need being addressed with this grant?Why are November 5, 2018)? the items requested under this grant important to your livable communities effort?How will this 33. Timeline. Please describe the timeline and project have a lasting impact in the community? enter the project completion date in the box below. [Please note:At this point we anticipate 28. Who will be served? Please outline this that grantees will receive checks from AARP project's key beneficiaries and how this grant by late August.] will serve them. • Timeline: 29. Multicultural Population. If the primary • Estimated Project Completion Date: beneficiaries of this project are from a population that represents a multicultural 34. Metrics. Please describe the metrics you will perspective, please select the 1 or 2 _ be able to capture over the course of this grant activity and beyond and include goals for each populations served below. (Please note:This metric.For Example:number of people served, does not carry weight in the scoring criteria). number of certifications issued, structures • African American/Black achieving ADA-compliance, etc. • Hispanic/Latino 35. Matching Funds and In-Kind Support. • Asian American Pacific Islander Matching funds are not required. However, • Native American please detail any matching funds or in-kind • LGBT support the organization will receive to contribute toward this project. • Other, please describe: 36. Project Budget. Please specify what 30. Community engagement. How have residents expenses will be covered by the grant. Itemize and local organizations been engaged in the anticipated expenses and income(if any) area's livable communities activities to date? for this proposal. Include in-kind services Has a steering committee been created? such as donated materials and/or labor. Describe the involvement of community (See sample template, page 8.) Add non-profits and other local stakeholders in explanations if necessary. your community. How will you engage the community and involve older adults in the process as you execute this grant? Learn more at AARP.org/CommunityChallenge Questions? Email Communitychallenge@aarp.org 5 NOTIFICATION Successful applicants will be notified by email. In order to receive funding, selected applicants must execute and return a binding Memorandum of Understanding to the AARP National office to Communitychallenge@aarp.org within fourteen (14)days of notification. Noncompliance with this time period may result in disqualification. ADDITIONAL TERMS AND CONDITIONS By submitting an application to AARP, the applicant agrees that: • The decisions of AARP regarding the eligibility of participants and the validity of entries shall be final and binding. • All submissions will be judged by AARP whose decisions and determinations as to the administration of the award and selection of award recipients are final. • AARP has the right, in its sole discretion, to cancel, or suspend the award. • All projects and applications shall not violate any third-party rights. Except where prohibited by law, participation in the award constitutes the Applicant's consent to AARP's use of the organization's name and corporate logo, street address, city, state, zip code, county, and names, likenesses, photographs, videos, images, and statements made or provided by the Applicant's representatives regarding the award for promotional purposes in any media without further permission, consent, payment or other consideration. All promotional materials (such as newsletters, press releases), events and signage related to the funded project will include a statement indicating that support was received from AARP. The organization is required to capture photos of the project and encouraged to capture video. As the organization captures photos and video of the project, if an identifiable individual appears in the photos and/or videos,the organization is responsible for having him/her sign the AARP General Release (this document will be provided to grantees with the MOU and other required paperwork). In addition the organization should not include any element in photos or videos provided to AARP that may violate third party rights such as artwork and trademarks in text and logo other than those owned by the organization and AARP.The organization should be prepared to send work in progress photos to AARP upon request. Following the grant period, grantees are required to respond to periodic requests for updates from AARP. The organization will prepare and deliver an after-action report with visuals (photos and/or video)to AARP no later than December 3, 2018. Information on submitting the report to AARP will be shared with grantees once they are selected. AARP and its affiliated organizations, subsidiaries, agents and employees are not responsible for late, lost, illegible, incomplete, stolen, misdirected, illegitimate, or impermissible submissions or any other error whether human, mechanical or electronic. Please email questions to Communitychallenge@aarp.org. Learn more at AARP.org/CommunityChallenge Questions? Email Communitychallenge@aarp.org 6 AARP Community Challenge 2018 Project Budget SAMPLE TEMPLATE Date: Planned completion date(on or before Nov. 5, 2018): Name of municipality/organization: Expense Additional Information Contracted services costs Staff costs, if any Office materials &supplies, if any Travel expenses, if any Total Requested Are there matching funds or services planned? What is their value? Learn more at AARP.org/CommunityChallenge Questions? Email Communitychallenge@aarp.org 7 CRP - 2009 BELFAIR SIDEWALKS - OLD BELFAIR HWY MP 0.0 - 0.1 - ------------------ , NF JAKE DR 3' ♦ hW`" Q �f ♦,.♦ r � c + 1 % ' J • W Z _ — �`°_. yy `.if i Lv * U NE CLIFTON `. '♦ � Ou TF � l 4W�. f! Mbodc Finod1np/J t { Jndian 'T'IC -L nd a it 1-1-1011 Indian 3 Re�rrtation GOOSE PRAIRIE '.! Ga,'J,i,r � ( a V,l uf.. '•"`10_1�� -. r r 261h A— N f "'1ea`�;'�,'e = >, Sources. Esri, HE � o nMiles apan, METI, 0 1.25 2.5 5 7.5 1082018 Sidewalk Project y1ndia (c Op s - ces. Esri. DeL MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: April 2, 2018 PREVIOUS BRIEFING DATE: ITEM: Eells Hill Construction Update EXECUTIVE SUMMARY: Construction for the Eells Hill Transfer Station Improvements will start in Mid-April and go through July. During most of this time only half of the transfer station tipping floor will be usable while the Contractor works on the other half. This could result in longer than normal delays at the transfer station. In addition, the transfer station will be closed on some Saturdays and half of Mondays to allow work to be completed in the chute area. The Contractor is required to provide a minimum of two weeks' notice for any closures required so we can post notice and alert the public. The first Monday closure is scheduled for April 16tH They have not identified any other days for now. When we do close on a Saturday we will open up both the Union and Hoodsport drop box stations for residents. Currently Union is closed on Saturdays. This will provide more options for residents on the west part of the County on a Saturday. Belfair is also open on Saturday. Cost Impact to the County No additional costs for closures. Staff typically assigned to Shelton will be assigned to outer stations to work or do maintenance. We will notify the public via the website, facebook, and flyers at the various stations ahead of time prior to construction and keep them updated as construction progresses. RECOMMENDATION: Discussion only to let Commissioners know about the project. Staff will notify Commissioner's at the same time that we send out notifications of closures to the public. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: April 2, 2018 PREVIOUS BRIEFING DATE: April 3, 2017 and September 25, 2017 ITEM: Eells Hill Improvements Design Amendment 2 EXECUTIVE SUMMARY: On April 11, 2017 the Board of County Commissioners approved a contract with HDR, Inc. to complete design improvements for the Eells Hill Transfer Station. The identified improvements HDR was going to design included replacing and extending the transfer building topload chute with a skirt, upgrade the transfer building wastewater and surface drainage system, install stairs between the upper and lower level of the transfer building, and resurfacing of the transfer building asphalt floor. HDR has completed design for that work. Staff requested that HDR create an amendment for limited construction services work to include the review of structural submittals and limited site visits. Attached is the proposed amendment. Staff will provide most of the inspection and project administration. But having HDR staff provide limited inspections and reviews will provide another layer of quality control that would be beneficial in ensuring the project is constructed properly. Cost Impact to the County The amendment would add $19,000 to the current contract with HDR. This exceeds the design budget but there is a sufficient solid waste fund balance to pay for this amendment. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the Deputy Director/Utilities & Waste Manager to approve Amendment 2 for construction services by HDR, Inc. for the Eells Hill Improvements project. Attachment 1. HDR Amendment 2 Scope and Fee Briefing Summary Mason County,WA I Transfer Station Walkway Repairs �� Amendment 2—Transfer Station Improvements Background HDR developed detailed design drawings for improvements to the existing Eells Hill Transfer Station owned and operated by Mason County, Washington (County). Following the construction kickoff meeting, the County requested that HDR prepare an amendment for limited services during construction as follows: Scope of Services Task 1: Project Management HDR SERVICES • HDR (Project Manager)will provide ongoing coordination, communications, invoicing, and progress reporting throughout the construction phase, scheduled to be a four(4)-month duration including pre-construction submittals. ASSUMPTIONS • Monthly invoices and project reports assumed for up to four(4)-month project duration. DELIVERABLES • Monthly invoices and progress reports (electronic PDF). Task 6: Services During Construction HDR SERVICES HDR engineers to conduct limited services during construction to support County staff during construction at Eells Hill Transfer Station in Shelton,WA including: • Site visits o Conduct up to five (5) site visits during construction as requested by the County to observe construction activities and confirm compliance with design drawings. o Submit brief summary of site observations following each visit. • Submittal review o Review up to 10 structural submittals and provide responses. • Responses to Requests for Information (RFIs) o Review up to five (5) RFIs and provide responses. o Up to six(6) hours of CAD time included if RFI leads to redesign. CLIENT RESPONSIBILITIES • Serve as primary point of contact with Contractor and HDR. • Facilitate receipt and transmittal of submittals and RFIs from contractor and responses by HDR. • Notify HDR of desired site visits; objective of notification at least one (1)week in advance to allow for scheduling of site visits. ASSUMPTIONS • Up to five (5) site visits to be conducted by HDR discipline leads as requested by the County; budgeted as two (2) visits by Project Manager, two (2)visits by structural engineer, and one (1) visit by utilities engineer. • Each site visit assumed to be eight(8) hours including time onsite, travel to/from Seattle or Vancouver,WA, and preparation of site visit observations Mason County,WA I Transfer Station Walkway Repairs FN�*`� Amendment 2—Transfer Station Improvements r • Up to 10 submittals budgeted; does not include resubmittals, if required. Each technical submittal review assumed to be an average of two (2) hours. • Up to five (5) RFIs assumed. Each RFI review and response assumed to be an average of two (2) hours. • Review submittals and RFIs and provide responses within five (5) business days. • HDR is serving as a technical support role during construction and is not the Construction Manager. HDR will not provide required special inspections on behalf of Contractor or County. • Site visits are to document existing conditions and observe construction activities; HDR will notify County of any deficiencies or recommendations but will not provide work instruction directly to Contractor. • All reports, submittals, and RFPs will be transmitted to Mason County PM. HDR will not direct contractor regarding changes, fixes or repairs. DELIVERABLES • Responses to up to 10 submittals, to be provided as electronic PDF via email. • Responses to up to five (5) RFIs,to be provided as electronic PDF via email. • Brief summary of up to five (5) site visits using typical daily observations form, to be provided as electronic PDF via email. • Revised design drawings, if required by RFI (up to six[6] hours of CAD effort). Schedule • 90 day construction schedule is planned per Owner's contractor. • Construction NTP expected April 16, 2018 and construction completion expected July 20, 2018. Estimated Fees and Disbursements Compensation for proposed services will be billed on a Time and Materials basis. The total fee for these services is not to exceed $19,000, unless mutually agreed upon by HDR and the Client. TASK FEE Task 1 Project Management $2,715 Task 6 Services During $16,285 Construction TOTAL $19,000 Terms and Conditions These services are proposed to be completed under HDR's standard Professional Services Agreement and Terms and Conditions. This proposal is valid for sixty(60)work days from the date of submission. Thereafter, it may be subject to change. 2 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: John Huestis/Dave Smith DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: April 2, 2018 PREVIOUS BRIEFING DATES: February 26, 2018 ITEM: Belfair Mobility Plan — Preliminary Findings and April Public Outreach EXECUTIVE SUMMARY: Public Works and SCJ Alliance are preparing for a mid-April public open house to share preliminary Belfair mobility findings. The purpose of this briefing is to share those findings first with the Board and confirm details around the planned open house. PRELIMINARY FINDINGS The Belfair Mobility Plan set out to accomplish several objectives, ranging from mobility improvements for bicycle and pedestrian travel to operational improvements on the local street system to potential new connectors between SR 3 and the future Belfair Bypass / SR 3 Freight Corridor. The process was also tasked with reaching out to the public and key stakeholders to get input on issues and opportunities. This briefing will present results of the mobility analysis including candidate projects and central factors in the evaluation process, as well as major insights gained during engagement activities. Board review and discussion of these findings will help to inform how this information is presented to the public at an event later in April. It will also inform presentation of this material in the draft report, which the Board will receive in May. APRIL OPEN HOUSE Before a draft plan is presented for review it is desirable to have a public meeting to allow people an opportunity to review the recommendations and discuss in detail aspects of this process that are of most interest to them. This enables public review and comment before a draft plan is presented, at which point people often feel that all decisions are made. An open house on either April 17 or April 18 are viable options, pending Board discussion. A Belfair Mobility Plan "station"will also be included at the next MTA open house for the Log Yard Road intersection, which is currently being scheduled for late April. RECOMMENDED OR REQUESTED ACTION: Request the Board to provide input on preliminary findings, advise on date preference and other for the upcoming April Open House. Briefing Summary MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Corrections Chief Kevin Hanson DEPARTMENT: Sheriff's Office EXT: 369 BRIEFING DATE: April 2nd, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Jail Staffing Emergency EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The jail has 27 funded, commissioned, Corrections Deputies. Of those 27, one is on extended military leave, one is in new hire training, and one starts on April 2nd. The minimum amount of staff needed to assure staff, facility, and inmate safety is 30.3. By April 2"d, we will have lost another 3 positions; one Sergeant retirement, one Deputy going to another agency, and one Deputy who made an unanticipated departure to work in the private sector. These vacancies result in a 20% reduction (from 30 to 24) of the absolute minimum number of Deputies to safely and efficiently manage the jail. BUDGET IMPACTS: For 2018 we budgeted $150,000 for general Corrections overtime, which equates to roughly 64 hours (or $2885) per week. During the last two-week pay period, we used more than double the amount budgeted. RECOMMENDED OR REQUESTED ACTION: This briefing is to advise the Commission of the jail staffing crisis and fore warn of potential budget implications, despite the best efforts of the Sheriff's Office to contain expenses. ATTACHMENTS: Internal staffing worksheet December 2017. Briefing Summary 3/28/2018 December 2017 Staffing Reduced Prisoner Population Analysis Pre-July 2017 Funded Corrections Deputies 31 Inmate population 94 positions days swing grave control 8hr=1.9FTE 8hr=1.9FTE 8hr=1.9FTE booking 8hr=1.9FTE 8hr=1.9FTE 8hr=1.9FTE supervisor 8hr=1.9FTE 8hr=1.9FTE 8hr=1.9FTE custody 16hr=3.8FTE 8hr=1.9FTE 8hr=1.9FTE MLO 8hr=1.9FTE 8hr=1.9FTE 0 Transport **reduced relief factor see below 24hr=4.2FTE 0 0 Alternative Sentencing ** 8hr= 1.4 FTE 0 0 Total Number of FTE's needed-custody 17 9.5 7.6 Total Needed FTE= 34.1 Total Funded FTE= 31 Difference -3.1 Post July 2017 Funded Corrections Deputies 27 Inmate population 80 positions days swing grave control 8hr=1.9FTE 8hr=1.9FTE 8hr=1.9FTE booking 8hr=1.9FTE 8hr=1.9FTE 0 supervisor 8hr=1.9FTE 8hr=1.9FTE 8hr=1.9FTE custody 8hr=1.9FTE 8hr=1.9FTE 8hr=1.9FTE MLO 8hr=1.9FTE 8hr=1.9FTE 0 Transport ** 24hr=4.2FTE 0 0 Alternative Sentencing ** 8hr= 1.4 FTE 0 0 Total Number of FTE's needed-custody 15.1 9.5 5.7 Total Needed FTE= 30.3 Total Funded FTE= 27 Difference -3.3 Calculations and Assumptions Post Coverage Needed #of Hours per one 8 hr post 7 dys per wk 2920 8x365 #of Hours per one 8 hr post 5 dys per wk 2080 40x52 Available Staff Total wk hrs one employee scheduled to wk 2080 8x5x52 Avg hrs employee is absent per yr 541 26%time absent Total hrs one employee is available to wk 153912080-5-41 **Number of Ofcs needed to cover one post Relief factor:#needed on avg to cover one post 7 dys per week 1.9 2920/1539 5 dys per week 1.4 2080/1539 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Corrections Chief Kevin Hanson DEPARTMENT: Sheriff's Office EXT: 369 BRIEFING DATE: April 2, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Approve amended prisoner housing contract between the Mason County Sheriff's Office and the City of Shelton EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This is a revised prisoner housing contract between the Mason County Sheriff's Office and the City of Shelton. This contract guarantees Shelton Municipal 7 daily beds at the Mason County Jail; two of those beds can be used by Shelton Police Department for non-municipal arrests. The billing will be quarterly at a flat rate of $102.00 per day per inmate. Additional bed days will be billed at the same rate. Inmate's requiring extra resources, considered high needs, will be billed at $125.00 per day. This contract is valid until 12/31/2018 and automatically renews annually thereafter unless modified by either party. BUDGET IMPACTS: Estimated increase in revenue by approximately $43,000. RECOMMENDED OR REQUESTED ACTION: Approve prisoner housing contract ATTACHMENTS: Revised Jail prisoner housing contract Briefing Summary 3/27/2018 INTERLOCAL AGREEMENT FOR USE OF JAIL FACILITIES This interlocal agreement is made and entered into by and between Mason County("County"), a political subdivision of the State of Washington, and the City of Shelton ("City"), a Washington municipal corporation. RECITALS WHEREAS, Chapters 39.34 and 70.48 of the Revised Code of Washington authorize the County and the City to enter into a contract for jail services that specifies the responsibilities of each party; and WHEREAS, the City wishes to designate the County's jail as a place of confinement for the incarceration of one or more inmates lawfully committed to the City's custody; and WHEREAS, the County is amenable to accepting and keeping inmates received from the City in the County's custody at its jail for a rate of compensation mutually agreed to herein; and WHEREAS, the County and City have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080, RCW 39.34.180, Chapter 70.48 RCW, and other Washington laws. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties agree as follows: 1. PURPOSE It is the purpose and intent of this Agreement that the County, through the Mason County Sheriffs Office Corrections Division ("Sheriffs Office"), and the City, through its Police Department or City Administrator, shall cooperate for the care and custody of male and female jail prisoners pursuant to the authority of Chapters 39.34 and 70.48 RCW. This Agreement provides for the use by the City of the County's jail facilities and services at the County's jail located at the 411 North 4th Street, Shelton,Washington 98584 ("Jail"). 2. CONTROL OF JAIL The City acknowledges the County's statutory responsibility for, ownership of, and operational control over the Jail. The County shall administer, manage, maintain, and operate its facilities consistent with all applicable federal, state, and local laws, policies, procedures, rules, and regulations. The City hereby consents and agrees that inmates committed to the Jail by the City are subject to all rules and regulations applicable to County inmates incarcerated therein, including but not limited to all terms and conditions of this Agreement. It is further understood by the parties that the County shall be solely responsible for operational decisions regarding the appropriate level of security, inmate management, and housing of all inmates. The Sheriff will reasonably consult with the City's Police Chief regarding issues concerning City Inmates, as defined in Section 4. Page 1 of 16 3. AVAILABILITY OF JAIL FACILITIES AND SERVICES PROVIDED (a) At the request of the City and subject to the capacity provisions below, the County will accept and keep inmates and provide inmate services for gross misdemeanor or misdemeanor cases initiated by the City and felony cases referred to the County for those offenses alleged to have been committed by adults within the City. The County guarantees that a particular number of inmate beds, as specified in Appendix A, shall be available at the Jail for City Inmates each day, except as otherwise provided herein. In the event that the guaranteed number of beds is not available for the City's use, the City will not be billed the full amount of the guaranteed bed rate as specified in Appendix A but will instead be billed only for those beds at the Jail that are actively being used by City Inmates. Upon transfer of custody to the County as provided in Section 8, the County shall be responsible for confining, supervising, disciplining, and controlling the inmate and for administering the inmate's sentence pursuant to the order of the committing court. (b) Daily Report on Inmates. Each day, at the beginning of the Jail's first shift but no later than 10 a.m., the County shall provide the City with a report documenting, at minimum, the names of the City Inmates currently held in the Jail, the names of the City Inmates currently held in other facilities on behalf of the County, all active case numbers assigned to that inmate, referencing the reason for custody. The report shall be provided online or, if unavailable online,by fax to the Jail's Contract Administrator. (c) Ca aci . The County will no longer accept City Inmates in the event that the Jail is declared at or near capacity by court order or in the event that the County, in its sole discretion, determines the Jail's inmate population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the Jail might be reached or exceeded if the County does not begin to refuse or request.removal of inmates. Wherever possible, the County will provide a minimum of thirty (30) days' notice of possible reductions in capacity unless specific circumstances require more immediate action. i. Removal of Inmates from County custody. In the event that the County must request removal of inmates based upon capacity, the County shall confer with the City to determine which City Inmate(s) shall be removed. If the Jail has sufficient capacity for any City Inmate(s) to remain in the Jail, the City shall have the discretion to determine which City Inmates will remain in the Jail. (d) Alternative Housing. The County shall house City Inmates at the Jail, except as otherwise expressly provided by this Agreement. The County is permitted to relocate City Inmates to another jurisdiction's jail facility only (a) if the Jail does not have capacity, as described above; (b) in the event of a catastrophe, as described in Section 10; or (c) with the City's written permission. However, the County is not permitted to relocate an inmate when the order of the committing court requires that the inmate be incarcerated at the Jail, except in the event of a catastrophe. i. Costs. If City Inmates are relocated by the County to another jurisdiction's jail facility under this Agreement, the City will continue to pay applicable bed rate Page 2of16 costs to the County and the County will be responsible for all costs associated with housing those City Inmates at the other facility, including the costs of transporting those City Inmates to and from the other facility, except that expenses for non-routine health care shall be billed to and paid by the City as provided in Section 6(d). ii. Notice. In the event that the County intends to relocate a City Inmate to another jurisdiction's jail facility, the County must notify the City at least twenty-four (24) hours prior to relocation, providing the City with the option to resume custody of the City Inmate or to make its own arrangements with another jurisdiction rather than have the inmate relocated by the County. iii. Selection. In the event that the County intends to transport some but not all City Inmates to be incarcerated in another jurisdiction's jail facility, the City shall have the discretion to determine which City Inmates will remain in the Jail. iv. Female Inmates. The City recognizes that the County does not currently house female inmates. Therefore, the County need not notify the City that the County intends to relocate a female City Inmate to another jurisdiction's jail facility. However, if the County houses female inmates in the Jail, then Sections 3(d)(ii) and 3(d)(iii) shall apply equally to male and female City Inmates. (e) Release or Transfer. The County will not release a City Inmate or transfer custody of a City Inmate to an agency other than back to the City, except as authorized by this Agreement. i. City Inmates may be released from the Jail for the following reasons: 1. Request by City. The County shall release or transfer a City Inmate upon the County's receipt of a written request by the City. When requesting a custody transfer, the City may request return of a City Inmate in order for the City to resume custody or may request transfer of a City Inmate to the custody of another jurisdiction. Any necessary transport shall be by the City or another jurisdiction or by the County with expenses to be paid as provided in Section 7. 2. Court Order. The County shall release or transfer a City Inmate upon the County's receipt of an order directing the inmates release or transfer when the order is issued by a court having jurisdiction over a City Inmate. Any necessary transport will be according to the terms expressed in the court order or will be by the City or the County, with expenses to be paid as provided in Section 7. If the City's municipal court judge orders that a City Inmate's sentence is to be carried out in another facility or jurisdiction, the order shall be honored by the County to the extent possible, although the County may take into consideration whether another jurisdiction has charges outstanding against the inmate. Page 3of16 3. Permission from City. The County may release or transfer a City Inmate if the County obtains the City's written permission, with necessary transportation expenses to be paid by the County. ii. In the event that the County releases a City Inmate without written authorization from a court of competent jurisdiction or from the City, the City will not be responsible for paying any further booking fees for the individual on any arrest warrant, detainer, probable cause affidavit, citation, other charging document, or judgment and sentence existing at the time of the unauthorized release. (f) Standards. The County shall provide inmate services to City Inmates in the same manner and to the same extent as the County furnishes for the confinement of its own gross misdemeanor or misdemeanor offenders. (g) Video In-Custody Hearings. The County shall continue to make available the Jail's facility space, equipment, and security personnel in order to facilitate in-custody video hearings by the Shelton Municipal Court for City Inmates incarcerated at the Jail. By no later than July 1, 2017, a City Inmate's attorney or City staff shall be present at the Jail to facilitate the administrative court functions of each hearing,unless otherwise agreed to by the County. The City will continue to provide video equipment for such purposes. The scheduling of video court services shall be mutually agreed upon by the County and the City. 4. INMATES DEFINED (a) "City Inmate" means those inmates charged in the City's municipal court; those inmates confined and being held by reason of a warrant, order, or judgment issued by the City's municipal court; those inmates arrested by a City law enforcement officer for a misdemeanor or gross misdemeanor offense while held prior to charging or to release without charges; and those inmates who are originally arrested for a felony offense once they are referred to the City's prosecutor for filing in the City's municipal court as described below in Section 4(c). "City Inmate"does not include those inmates arrested by a City law enforcement officer solely based on an outstanding warrant from another jurisdiction, those inmates arrested by a City law enforcement officer for a felony offense, or a County Inmate. (b) "County Inmate" means those inmates arrested by a County law enforcement officer while held prior to charging or to release without charges; those inmates charged in Mason County Superior Court or Mason County District Court; and those inmates confined by reason of a warrant, order, or judgment issued by Mason County Superior Court or Mason County District Court. (c) Determination of Case Status. The Mason County Prosecuting Attorney ("Prosecuting Attorney") shall have the sole authority to determine which felony arrest cases submitted by the City shall be charged as felonies and which as gross misdemeanors or misdemeanors. If the Prosecuting Attorney determines that a case should not be charged in Mason County Superior Court or Mason County District Court, the case shall be Page 4of16 referred to the City's prosecutor for possible filing in municipal court with inmate services charged to the City. Following determination of case status by the Prosecuting Attorney, the City shall not be responsible, financially or otherwise, for any County Inmate. If the Prosecuting Attorney determines that a City case originally charged as a gross misdemeanor or misdemeanor in municipal court will be charged in Mason County Superior Court or Mason County District Court, then all inmate services will be charged to the County. (d) When a material witnesses is held in the Jail, inmate days arising solely from a material witness warrant shall be allocated to the party issuing the material witness warrant. 5. COMPENSATION FOR SERVICES (a) Compensation. The City shall pay the County for bed space and services, including booking services, at the rates established in Appendix A to this Agreement, which is incorporated herein by this reference. If the City uses less than the guaranteed inmate bed days in a calendar year and all guaranteed beds were available, there shall be no reduction or refund unless otherwise provided in this Agreement. However, in the event that all guaranteed beds are or were not available for the City's use, for example if the County no longer accepts City Inmates due to capacity issues or otherwise, the County shall reduce the amount of the City's guaranteed flat rate payment accordingly, using the equivalent daily rate for each bed that was unavailable. (b) Calculating Time. The time period for billing purposes shall be measured starting from the time the City Inmate is transferred to the custody of the County and ending either when an inmate is released or when the inmate is no longer considered a City Inmate. (c) Allocation. In the event that an inmate is held on multiple charges or sentences and is not included in one of the guaranteed beds, the following procedure will apply to determine charges assessed to the City: i. Costs for persons incarcerated on a City charge or sentence who is also being held in custody on the County's or another jurisdiction's charge or sentence shall be the shared responsibility of all charging or sentencing jurisdictions. ii. For these shared inmates, the City shall be billed the proportionate percentage share of the additional bed rate and the non-routine health care expenses for the shared incarceration period, but such inmates shall not count against the City's number of guaranteed beds. Furthermore, the proportionate percentage share of costs depends on the number of jurisdictions that have charged or sentenced the inmate; for example, if an inmate is incarcerated on both a County sentence and a City sentence, the additional bed rate and non-routine health care expenses will be split equally between the County and the City. iii. The County will provide the City with notice by telephone or email when a shared inmate's status changes from a shared inmate to that of a City Inmate exclusively, for example when an inmate completes another jurisdiction's sentence but Page 5 of 16 continues to be held by the County solely on a City charge or sentence. This notice will be provided at least two (2) business days prior to the change in status when practicable and otherwise within a reasonable time. iv. Nothing in this section prevents the City from releasing or furloughing its hold on an inmate under its court's jurisdiction. However, if the City voluntarily releases or furloughs an inmate and then reinitiates the hold on the same booking number during the same course of incarceration, the City shall pay the administrative booking fee outlined in Appendix A, except that the City shall not pay the administrative booking fee for a reinitiated hold if the City released or furloughed the inmate in order to conform to the cap on the guaranteed number of beds or because there was insufficient space at the Jail. (d) Billing and PayMen . By the fifteenth (15th) day of each month, the City shall pay the monthly equivalent of the flat rate fee identified in Appendix A for the seven (7) inmate beds guaranteed the prior month. The County shall transmit billings to the City quarterly, invoicing the City for all services, including the guaranteed flat rate, daily bed rates, booking fees, and any non-routine health care expenses not billed directly to the City. Within forty-five (45) days after receipt of a timely billing invoice, the City shall pay the full amount billed (reduced by the applicable monthly amounts previously paid toward the guaranteed flat rate) or withhold a portion thereof and provide the County written notice specifying the total amount withheld and the ground(s) for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). If the County does not provide timely billings and instead provides more than one bill during the same month, the City shall have additional time to respond,namely an added forty-five (45) days for each late billing; for example, if the County transmits two (2) bills during the same month, the City shall have ninety(90) days from the latest dated bill to respond to both bills. Account balances overdue thirty (30) days or more will be subject to a service charge of 1%per month (12% per annum). Should collection become necessary, the City will pay all collection costs associated with late payments. Withholding of any amount billed shall constitute a dispute, which shall be resolved in accordance with Section 19. i. Charges for services rendered shall be made as they accrue each quarter and shall be substantiated with documentation. In conjunction with each quarterly invoice, the County agrees to provide the City with quarterly reports providing a tally of the total inmate days used for the quarter and documenting the names of all City Inmates held in the Jail that quarter, the names of all City Inmates held in other facilities on behalf of the County that quarter, the number of inmate days attributed to each City Inmate, and all active case numbers assigned to each City Inmate,referencing the reason for custody. 6. HEALTH CARE AND ASSOCIATED COSTS (a) Health Care Services. Inmates shall receive medical, mental health, and dental treatment when medically necessary to safeguard their health while in custody as required by law. Upon transfer of custody of a City Inmate to the County, the County will provide or Page 6of16 arrange for the City Inmate to receive necessary medical, mental health, and dental services in accordance with applicable law and Jail standards. (b) Inmates' Abilityto o Pay. As required by RCW 70.48.130(4), the County, as part of the screening process upon booking or preparation of a City Inmate into the Jail, shall identify general information concerning the inmate's ability to pay for health care, including insurance or other medical benefits or resources to which an inmate is eligible or entitled. The inmate shall be evaluated for Medicaid (or its equivalent) eligibility and, if deemed potentially eligible, enrolled in the program. This information shall be made available to the City and to any provider of health care services, among others. Nothing in this Agreement prohibits or otherwise restricts the City from conducting its own evaluation of a City Inmate's ability to pay for health care, including but not limited to Medicaid eligibility, or from enrolling City Inmates in appropriate programs. (c) Cost of Routine Health Care. As between the City and the County, the County shall be responsible for the costs of providing City Inmates with routine health care. Such health care will include those health care services routinely delivered within the facility at normal cost by County staff, contracted practitioners, or nursing staff. (d) Cost of Non-Routine Health Care. As between the City and the County, the City shall be responsible for the costs of providing City Inmates, and inmates confined as part of the guaranteed daily 7 beds, with emergency, exceptional, or non-routine necessary health care. Non-routine necessary health care shall include practitioner-ordered health care or medical services delivered to City Inmates outside of the facility, specialized care provided by non-contract health care providers in or out of the facility, emergency treatment, including EMS and the local hospital emergency department, and related emergency or specialized medical transportation costs. However, the County shall be responsible for the payment of non-routine health care costs when City Inmates are assaulted while in the County's custody, unless a City Inmate instigates the action where he or she is injured, or when those costs are incurred as a result of conditions in the Jail. i. Notice. Except in situations deemed an emergency by the County, the County shall notify the City prior to a City Inmate receiving medical, mental health, or dental services from an outside provider or institution, and upon request will work with the City to investigate the possibility of release from custody. In emergency situations, the County shall notify the City, as soon as reasonably possible, when the County becomes aware that a City Inmate is in need of emergency care. ii. Change in Custody. When health care or medical services are delivered to a City Inmate outside of the facility, the County shall be responsible for the first four(4) hours of off-site custody. Following notice from the County,the City shall assume custody of the inmate at the start of the 5th hour. iii. Billing. The City shall be billed directly by the medical care provider(s) or institution(s) for all non-routine health care costs. However, if a circumstance arises where direct billing is prohibited by law or otherwise not possible, then those non-routine health care costs will be billed in the same manner and subject Page 7of16 to the same requirements and rights as quarterly invoices for inmate housing provided in Section 5(g). When the County receives invoices from third-party medical institutions or offsite providers for services provided to any City Inmates, the County shall send those invoices to the City as they are received by the County, including invoices received for non-routine health care expenses incurred for a shared inmate as described in Section 5(c). (e) Felony Offenders and Allocation. The City is obligated to pay for non-routine health care costs, as described above. In addition, the City shall be responsible for non-routine healthcare costs for inmates arrested and incarcerated by a City law enforcement officer on a felony offense, until that charge is filed in Superior Court. Health care costs for persons held under charges or sentences from multiple jurisdictions including the City shall be allocated as provided in Section 5(c). (f) Cost Reduction Efforts. The County agrees to utilize existing agreements with medical practitioners and organizations to mitigate medical costs, to make its best efforts to negotiate additional favorable agreements, and to seek out all eligible third-party reimbursement for medical costs (including health or auto insurance, DSHS/Medicaid, and/or the State of Washington), in the same manner and to the same extent as the County does for offenders held on its own charges. Specifically regarding prescription medication, the County agrees to use the DOC Formulary, whenever possible, when it or its agents prescribes medication to City Inmates. 7. TRANSPORTATION OF CITY INMATES (a) In-Person Court Appearances. The City will provide transportation for City Inmates to and from the Mason County Jail for all in-person Municipal Court appearances on City charges. Consistent with Section 7(b), if the County is housing a City Inmate in an off- site location, the County will transport the inmate to the Mason County Jail pending pick- up by the City. The City will notify the County no later than 2 p.m. the day before a City Inmate has a scheduled court appearance, unless the City Inmate was incarcerated after 2 p.m. and is required to appear in court by the close of business the next day. (b) Alternative Housing. The County is responsible for transporting City Inmates to and from any alternative housing facilities the County uses to place City Inmates pursuant to Section 3(d). The City will not reimburse the County for any costs associated with such transportation. However, in the event that a City Inmate needs to be transported for an in- person court appearance and the City did not provide timely notice, the City will be responsible for the costs of transportation. If the County fails to timely transport a City Inmate from any alternative housing facilities, the County will reimburse the City for any staffing and fuel costs incurred in transporting the City Inmate. (c) Additional Transports. For additional transportation by the County required by court order or made at the City's request, the City shall reimburse the County for staffing and fuel costs associated with the City Inmate's transport. Such transports shall be approved by the City prior to the transport, and the County may agree to permit the City to provide partial staffing for the transport in order to reduce costs. In the event that the City Page 8of16 requests release of a City Inmate to either the City or another jurisdiction, the inmate will be transported by the City or another jurisdiction or by the County at City expense, except that the County shall be responsible for first returning the inmate to the Jail if the inmate is being held in an alternative housing facility pursuant to Section 3(d). 8. TRANSFER OF CUSTODY FROM THE CITY TO THE COUNTY (a) Arrest Warrant or Citation. City law enforcement officers placing an arrested person in the custody of the County shall, in every instance, furnish an arrest warrant, probable cause affidavit, citation, or other charging document to the County's receiving officer on duty. (b) Commencement of Custody by County. A City Inmate shall be deemed transferred to the custody of the County when Corrections Officers from the Sheriff's Office take physical control of the inmate and accept lawful charging documents. (c) Right to Refuse an Inmate. The County shall have the right to refuse custody of a City Inmate under any one of the following circumstances: i. Lack of Appropriate Records. The County may refuse custody of an inmate until the City has delivered copies of any records pertaining to the inmate's incarceration by the City. If a City Inmate has received or refused medical, mental health, or dental treatment from the City before confinement in the Jail, the City shall provide to the County written verification of any authorization of or refusal to authorize care or treatment for such inmate. If the County requests additional information regarding records, the parties shall mutually cooperate to obtain such information. In the absence of documentation and information satisfactory to the County, the receiving officer may refuse to accept custody of the City Inmate. ii. Pending Medical Needs. The County shall have the right to refuse to accept any City Inmate who, at the time of presentation at the Jail for initial confinement, appears in need of medical, psychiatric, or dental attention, until the City has provided necessary medical,mental health, or dental treatment to the inmate. (d) Inmate Property. A City Inmate's property shall be limited to the amount that can be stored in a locker. City law enforcement officers delivering a City Inmate to the County's custody shall be responsible for ensuring property allowed to be transported with the inmate is properly packaged. 9. INMATE RIGHTS AND PROGRAMS (a) Early Release Credit and Discipline. City Inmates confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all inmates at the Jail. The County shall maintain and manage City Inmate disciplinary issues and will administer sanctions as per facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the Jail will apply equally to inmates confined pursuant to this Agreement and to those Page 9of16 otherwise confined. If the County finds removal of earned early release credits is appropriate, the County will provide the City with hearing results and remove earned early release credits. (b) Programs. The County shall provide City Inmates with access to all educational, recreational, and social service programs offered at the Jail under the terms and conditions applicable to all other inmates in the Jail. 10.UNUSUAL CIRCUMSTANCES In the event of one of the following circumstances, the City's Police Chief or an on-duty Shelton Police Department Supervisor shall be promptly notified by telephone with a follow-up notification in writing. (a) Escape. In the event of a City Inmate's escape from the County's custody, the County will have the primary authority to direct the investigation and to pursue the inmate within its jurisdiction. Costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return an escaped City Inmate from outside the County, except if the County relocates an inmate to another jurisdiction's facility outside of the County, then the County must ensure the other jurisdiction investigates and pursues the escaped inmate. (b) Death. In the event of a City Inmate's death in the Jail, the Sheriff's Office and the Mason County Coroner will investigate the circumstances. In the event of a City Inmate's death in another jurisdiction's facility following relocation by the County, the County must ensure the other jurisdiction investigates the circumstances. The City may, if it wishes, join in the investigation and receive copies of all records and documents in connection with the investigation. The County shall, subject to the authority of the Mason County Coroner, follow the written instructions of the City regarding the disposition of the body. Such written instructions shall be provided within three(3) working days of the City's receipt of the notice of death. The City shall be responsible for expenses related to necessary preparation of the body and transport charges. With written consent from the City, the County may arrange burial and matters related or incidental thereto, and the City shall pay such expenses. This paragraph deals with relations between the parties of this Agreement and is not intended to relieve any relative or other person from responsibility for the disposition of the deceased or associated expenses. (c) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an imminent danger to the safety of the inmate(s), the County shall exercise all reasonable care for the safekeeping and custody of such inmates(s) and shall notify the City of the whereabouts of City Inmates in the event relocation was required. 11. CITY ACCESS TO FACILITY AND INMATES (a) Access to Facility. City personnel shall have the right to inspect, at mutually agreeable times, the Jail in order to confirm the Jail maintains standards acceptable to the City and City Inmates are treated appropriately. Page 10 of 16 (b) Access to Inmates. City personnel, including law enforcement officers, prosecutors, and others, and criminal defense attorneys shall have the right to interview inmates at reasonable times within the Jail, subject only to necessary security rules. City personnel and criminal defense attorneys shall be afforded use of Jail interview rooms in equal priority with any other department, including the County. 12. RECORD KEEPING (a) Type and Form of Records. The County agrees to maintain a system of record keeping relative to the booking and confinement of each City Inmate consistent with the record keeping by the County for all other inmates and in accordance with all statutory requirements. The County shall keep records of all medical, mental health, or dental services it or its agents provides to an inmate. Upon resumption of custody by the City, and in accordance with applicable law, the City shall receive a copy of a City Inmate's medical, mental health, or dental records held by the County or the contract medical provider for the County. (b) City Access to Records. The County shall make copies of records available to the City within five (5) days of the City's request or as otherwise agreed. In the event that a release of records is expressly prohibited by applicable law concerning the confidentiality of medical records (including the federal Health Insurance Portability and Accountability Act, "HIPAX), the County agrees that it will enter into a business associate agreement under the HIPAA as necessary to implement the intent of this Agreement. 13. INDEMNIFICATION (a) Indemnification of City. The County shall indemnify and hold harmless the City, its officers, agents, and employees from and against all claims, actions, suits, liability, losses, costs, expenses, and damages of any nature whatsoever, including but not limited to costs and reasonable attorney's fees, by reason of or arising out of any intentional or negligent act or omission of the County, its officers, agents, or employees. (b) Indemnification of County. The City shall indemnify and hold harmless the County, its officers, agents, and employees from and against all claims, actions, suits, liability, losses, costs, expenses, and damages of any nature whatsoever, including but not limited to costs and reasonable attorney's fees, by reason of or arising out of any intentional or negligent act or omission of the City, its officers, agents, or employees. (c) Joint Liability. To the extent that any claims, damages, losses, and expenses are caused by the concurrent negligence or intentional acts of either of the parties, its officers, agents, or employees, the other party's indemnification obligation hereunder shall be limited to that party's proportionate share of liability as determined by a court of competent jurisdiction or as agreed to by the parties to this Agreement. 14. LEGAL STATUS Page 11 of 16 (a) No Separate Legal Entity. This Agreement is executed in accordance with the authority of Chapter 39.34 RCW. It is not the intention of the parties to create a new or separate legal entity by this Agreement. This Agreement does not establish or create a joint venture or partnership between the parties, and no party shall be responsible for the liabilities and debts of the other party. (b) Independent Contractor. In providing services to the City under this Agreement, the County is an independent contractor and County officers, agents, and employees are not employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right that may accrue to a City employee under any applicable law, rule, or regulation. 15. INSURANCE (a) Insurance Requirement. Each party shall obtain and maintain liability coverage in minimum liability limits of Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000) in the aggregate for its conduct creating liability exposures related to confinement of inmates, including general liability, errors and omissions, auto liability, and police professional liability. The insurance policy or policies shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. (b) Certificate of Insurance/Proof of Coverage. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate or its equivalent from a solvent insurance provider confirming coverage from a solvent insurance pool that is sufficient to address the insurance obligations set forth above. 16. EFFECTIVE DATE AND DURATION (a) Effective Date. This Agreement shall be effective when both parties have duly executed this Agreement. Prior to its entry into force, this Agreement must be filed with the Mason County Auditor or, alternatively, listed by subject on the County's or the City's website or other electronically retrievable public source. Once this Agreement becomes effective, it shall replace and super$ede any and all previous agreements between the parties regarding use of the Jail. (b) Duration. This Agreement shall continue through December 31, 2018, unless terminated earlier in accordance with the provisions of this Agreement. At the end of the term, if neither party gives notice of termination, this Agreement shall automatically renew in one (1) year increments from January 1 through December 31. Nothing in this Agreement shall be construed to make it necessary for the City to continuously house inmates with the County. Page 12 of 16 17. TERMINATION (a) Notice. Termination of this Agreement by either party may be accomplished on ninety (90) days' written notice to the other party and to the Washington State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected prisoners. (b) Termination by County. In the event of a notice of termination from the County, it shall be the County's obligation to transport the City Inmates at its own expense, on the effective date of such termination. Until such removal, the parties shall retain all rights hereunder, notwithstanding such termination, until all City Inmates are removed or released from the County's custody. (c) Termination by City. In the event of a notice of termination from the City, it shall be the City's obligation to transport the City Inmates at its own expense, on or before the effective date of such termination. Until such removal, the City shall pay the daily rate compensation and costs set forth herein related to inmate housing and services, plus an additional five dollars ($5.00) per inmate for every 24-hour period or part thereof that a City Inmate remains in the Jail; and the parties shall retain all rights hereunder, notwithstanding such termination,until all City Inmates are removed from the Jail. (d) Effect on Guaranteed Flat Rate Payments. Effective upon termination, the City shall no longer be responsible for paying any subsequent monthly installments of the guaranteed flat rate remaining in the year. For example, notice provided on July 1 to terminate as of October 1 would mean that the City has zero (0) beds reserved beginning October 1 and is, therefore, relieved from making any flat rate payment for any bed days in October, November, or December. 18. SEVERABILITY,SURVIVAL,AND NON-WAIVER (a) Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition or application. To this extent and purpose the terms and conditions of this Agreement are declared severable. (b) Survival. The provisions of Sections 13, 18, 19, and 20 shall survive the termination of this Agreement. (c) Non-Waiver. No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute acquiescence thereto. Page 13 of 16 19. GOVERNING LAW, DISPUTE RESOLUTION,AND VENUE (a) Governing Law. The parties hereto agree that, except where expressly provided otherwise, the laws and administrative rules and regulations of the State of Washington shall govern in matters relating to this Agreement and an inmate's confinement under this Agreement. (b) Dispute Resolution. Either party may notify the other in writing of a dispute involving the interpretation or execution of the Agreement. Within thirty (30) days of this notice, the parties shall meet to resolve the dispute. If the dispute is not resolved, then at the request of either party, it shall be referred to non-binding mediation. The mediator will be selected in the following manner: The City shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two proposed mediators shall select a third mediator who shall mediate the dispute. Alternatively, the parties may agree to select a mediator through a mediation service mutually acceptable to . both parties. The parties shall share equally in the costs charged by the mediator(s) or mediation service. If mediation is not successful in resolving the dispute, either party may seek court action. (c) Waiver of Arbitration Rights. Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3) and that of their own free will they hereby expressly waive any and all right to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may possess under RCW 39.34.180(3). Instead, such issues shall be resolved as disputes in accordance with Section 19(b). The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties or ordered by a court of competent jurisdiction. (d) Venue. The parties agree that any action relating to this agreement shall be instituted in accordance with RCW 36.01.050 and Chapter 4.12 RCW. 20.NO THIRD-PARTY BENEFICIARIES This Agreement is not intended to benefit any person, entity, or municipality not a party to this Agreement, and no other person, entity, or municipality shall be entitled to be treated as a beneficiary of this Agreement. This Agreement is not intended to nor does it create any third- party beneficiary or other rights in any third person or party. 21.NON-DISCRIMINATION POLICY The County and the City 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; the presence of any physical, mental, sensory handicap; or any other status protected by law. Page 14 of 16 22.MAILING AND CONTACT ADDRESSES All written notices, reports, and correspondence required or allowed by this Agreement shall be sent to the following: County: Mason County Jail Attn: Chief Deputy of Corrections P.O. Box 1037 411 North 4th Street Shelton, Washington 98584 Facsimile: (360)427-9197 Telephone Number: (360) 427-9670 Ext. 369 City: City of Shelton Attn: Court Administrator/Jail Contract Administrator 525 West Cota Street Shelton,Washington 98584 Telephone Number: (360)426-9772 Ext. 0 BOARD OF COMMISSIONERS CITY OF SHELTON,WASHINGTON MASON COUNTY,WASHINGTON DATE: DATE:�� Kevin Shutty, Commissioner Gary Croned, Mayor Terri Jeffreys, Commissioner Kevin Dorcy, Commissioner M6111124 Randy Neatherlin, Chair Kath Mc well, Commissioner Attest: Attest: Melissa Drewry, Clerk of the Boarda Ogg, City e Jam Approved as to Form and Content: Approved as to Form and Content: L'40'6/ A .I Casey S sbury, Mason Cour eriff Kristin French, City Attorney Tim Wldtehead, Chief Deputy Prosecuting Attorney Page 15 of 16 Appendix A Costs and Fees 1. Guaranteed Beds In return for the County's housing of a guaranteed seven inmate beds per day per year(2555 inmate bed days),the City shall pay the County a flat rate fee of$260,610 per year(the equivalent of approximately 21,717.50 per month)billed quarterly in the amount of $65,152.50, which is equivalent to the rate of$102.00 per bed/per day. 2. Additional Beds In Addition to the seven (7) guaranteed inmate bed per day, the County may agree to house additional City Inmates on a given day, so long as there are adequate beds available in the Jail. However, if the City uses more than 2,555 inmate bed days in a given year, the County will bill each additional inmate bed day at the jail rate of$102.00 per bed/per day. 3. Exceptional Bookings In the event that there are available beds per this contract, and an arrest is made by a Shelton Police Officer for an offense that is not a misdemeanor or municipal court warrant, such as: fresh felony arrest, warrant arrest from any agency or court outside of Shelton Municipal, or other lawful arrests that are deemed a risk to public safety, the Shelton Police Officer may book the subject in the Mason County jail using the available bed space. This shall only apply to two (2) of the seven (7) contracted beds. The arrest and subsequent booking must have prior approval from the Chief of Police or his designee. All other terms of the Original IGA shall apply to these"exceptional"bookings. 4. High Needs Inmates "High needs inmates" means those who require extra staffing to adequately and safely supervise either because they present a danger to staff or other inmates or because of significant medical or mental health concerns. Upon an inmate being designated as high needs, the jail staff shall make notification to Municipal Court. City Inmates classified as "high needs inmates" shall be counted in the City's guaranteed daily allotment of 7 beds. These high needs inmates will be billed at an additional daily rate of$23.00 totaling, $125.00 per bed/per.day. The additional daily rate shall be billed on a quarterly basis. 5. Booking Fees The City agrees to pay the County forty dollars ($40.00) for each administrative booking. If an offender is being booked on charges from multiple local jurisdictions, the booking fee will be split evenly between those jurisdictions to the extent possible. The booking fee is intended to compensate the County for the costs of registering, fingerprinting,photographing, and initial screening and examining of persons presented for confinement. Administrative bookings are those which are temporary in nature, where the inmate does not get housed in general population within the facility, and does not occupy one of the 7 contract beds. The administrative booking fee shall only apply to administrative bookings as defined herein. Page 16 of 16