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HomeMy WebLinkAbout2018/10/09 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers—9:00 a.m. 411 North Fifth Street, Shelton WA 98584 October 9, 2018 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.1 Timberland Regional Library Report- Cheryl Heywood 4.2 Timberland Regional Library 501h Anniversary Proclamation 4.3 National 4-H Week Proclamation —Staff: Dan Teuteberg 5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:30 a.m. 7. Approval of Minutes — September 24 and October 1, 2018 Briefing Minutes; September 25, 2018 Regular Meeting Minutes. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to amend Resolution 10-09 to include the 2018 and 2019 Mason County Baseball Field Use fee schedule and deposit rates. The rates are adjusted by the Consumer Price Index for all cities, and will increase 2.7% in 2019. 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for September 2018 $ 671,841.48 8.3 Approval to authorize the Deputy director/Utilities and Waste Management to sign the Mutual Aid and Assistance Agreement for Washington State for Intrastate Water/Wastewater Agency Response Network (WARN). 8.4 Approval to authorize the Chair to execute the Adopt-A-Road Agreement between Mason County and Kim Delany and Family. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 10/04/18 1:36 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA OCTOBER 9, 2018— PAGE 2 8.5 Approval of the resolution adopting the updated Real Property and Right of Way Acquisition Procedure for Public Works Projects replacing those found in resolution 01-14. 8.6 Approval to set two hearings on November 6, 2018 at 9:30 a.m. to consider the 2019 Annual Construction Program and 6-year Transportation Improvement Plan (TIP). 8.7 Approval to authorize the Chair to sign Joint Funding Agreement #19YGJFA03400 with the US Department of the Interior, U.S. Geological Survey, for the period October 1, 2018 to September 30, 2019. 8.8 Approval of the Criminal Justice Treatment Account (CJTA) Agreement #1863- 34807 between the Washington State Health Care Authority and Mason County Therapeutic Courts in the amount of $49,130. This agreement is good through June, 2019. 9. Other Business (Department Heads and Elected Officials) 10. 9:30 a.m. Public Hearings and Items Set for a Certain Time- No hearings. 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2018\2018-10-09 Reg.doc ClcxL, MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: October 9, 2018 No. 4.1 ITEM: Correspondence 4.1.1 Lee Swoboda sent a resignation letter for the Mason County Citizens Advisory Group. 4.1.2 Judge, Victoria Meadows sent in a letter pertaining to her retirement. 4.1.3 Brenda Hirschi sent in a letter regarding Timberland Regional Library. 4.1.4 Washington State Liquor and Cannabis Board sent liquor license application for Hood Canal Salmon Enhancement Group, held at The Salmon Center 600 NE Roessel Road, Belfair. 4.1.5 United States Department of the Interior Bureau of Indian Affairs sent notices of applications filed by the Skokomish Island Tribe to have real property accepted "in trust"for Parcel Number's 42102-22-00010, 42102-21-00000 and 42102-21-00010. 4.1.6 Port of Shelton sent a copy of Port of Shelton Tax Levy for 2019. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Drexler Clerk Lee Swoboda t�lG 1 1710 NE Old Belfair Hwy Belfair WA 98528 360-275-92411 padapple@yahoo.com RECEIVED September 24, 2018 SEP 2'7 2818 Scott Brewer, Executive Director Hood Canal Coordinatinq Council Mason County 17791 Fjord Dr NE Ste 122 Commissioners Poulsbo WA 98370 As of 30 September 2018 1 will be moving out of Washington State and will no longer be eligible to serve as a Mason County representative on the Citizens Advisory Group. I therefore respectfully resign. Thank you for the opportunity to serve on the CAG. I have enjoyed my tenure and wish the HCCC continued success in restoring salmon populations in the Hood Canal. Respectfully, c: Mason County Board of County Commissioners 4---- 411 --'411 N 5th St Shelton WA 98584 Cc:CMMRS Neatherlin, Shutty, Drexler Clerk NU." �vuwtY ccw IOISE. g RECEIVE® SEP 2 7 2018 MASON COUNTY DISTRICT COURT P.O.BOX"O"(360)427-9670 Mason County SHELTON,WASHINGTON 98584 Commissioners September 27, 2018 To: Mason County Commissioners: Randy Neatherlin, Chair, Terri Drexler and Kevin Shutty Patsy Robinson,Administrator From: Victoria Meadows,Judge Re: Retirement As we have discussed, I will retire at the end of the year, December 31, 2018. It has been an honor to serve the people of Mason County. As the next term begins January 14, 2019, per RCW 3.34.070 the county legislative authority shall fill the vacancy by appointment. I propose that it would make sense to appoint the person who is elected in the November 7, 2018 election to serve January 1,to 14, 2019 pursuant to RCW 3.34.100. 1 am not familiar with the process, therefore, I want to give you sufficient time to evaluate and act on it. Is there anything else you need from me pertaining to my retirement? Victoria Meadows Patricia Robinson Judge Administrator Cc:CMMRS Neatherlin, Shutty, Drexler Clerk Brenda Hirschi PO Box 1936 Shelton, WA 98584 September 27, 2018 Board of County Commissioners SEP 2 8 2018 411N5t" St Shelton, WA 98584 Mason County Commissioners Dear Count -cG issioners: As the Timberland Regional Library Trustee for Mason County, I'd like to update you on possible changes that have been proposed by the TRL administrative staff. This week the TRL Director released a Capital Facilities Proposal which included possible closure of libraries in counties other than Mason County. This proposal also included innovative means to improve outreach and to reduce overall expenditures. As you are all too aware, the 1% limitation for revenue increases is not keeping pace with expenditure growth running 3 to 4%. Budgetary constraints will likely force change in the operation of the library system over time. I applaud the Director for her foresight in reimagining the library system. In Mason County we have just three libraries and none are considered for closure at this point. Lewis, Grays Harbor and Pacific counties have many more libraries than Mason County. These three counties have libraries that were proposed for possible closure or consolidation. The Board has not approved any closures. On September 26 we had our Board of Trustee meeting in Ilwaco and listened to public comments from 40 or 50 citizens from Randle, Ocean Park, South Bend and Naselle. All comments were in opposition to any closure of their libraries. As you would expect, the comments were emotional. Some of the library patrons had travelled three to four hours to speak to board members. People love their libraries! In my final board comments at the recent meeting, I pointed out that Mason County has just three libraries and we have far flung communities that have difficulty getting to a library. I will continue to advocate for mobile library services and outreach efforts to communities such as Matlock, Harstine Island, Lake Cushman, and Tahuya. If you have questions, comments or suggestions, please feel free to call me. Sincerely, Brenda Hirschi 360-701-1932 Cc:CMMRSIRNeatherlin, Shu'ttty, Drexler Clerk) (:t'o \ 9 WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES 3000 Pacific Ave SE - P 0 Box 43075 Olympia WA 98504-3075 FAX:360-753-2710 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS SEPTEMBER 27, 2018 EEEN SPECIAL OCCASION #: 094442 OCT O 1 201 HOOD CANAL SALMON ENHANCEMENT GROUP 600 NE ROESSEL RD Mason County BELFAIR WA 98528 Commissioners DATE: OCTOBER 20TH 2018 TIME: 3:00 PM TO 7:00 PM PLACE: THE SALMON CENTER (ENCLOSED) - 600 NE ROESSEL RD, BELFAIR CONTACT: JOANNE TEJEDA (DOB 8.21.65) 360-275-3575 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Drexler Clerk)Gia � ENT OF United States Department of the Interior '' �� N 9 BUREAU OF INDIAN AFFAIRS Puget Sound Agency ,aa� 2707 Colby Ave. - Suite 1101oA� CH s Everett,Washington 98201-3665 (425)258-2651 September 27, 2018 CERTIFIED MAIL-RETURN RECEIPT REQUESTED 7016 3010 0001 0720 3142 Board of CountyCommissioners ETA TA1 �, R� U . Mason County 411 N. 5t" street OCT 01 2018 Shelton,Washington 98584 Mason County Dear Commissioners: Cnrnmissioners Pursuant to the Code of Federal Regulations, Title 25, INDIANS, Part 151.10, notice is given of the application filed by the Skokomish Indian Tribe to have real property accepted "in trust" for said applicant by the United States of America. The determination whether to acquire this property"in trust" will be made in the exercise of discretionary authority, which is vested in the Secretary of the Interior, or his authorized representative, U.S. Department of the Interior. To assist us in the exercise of that discretion, we invite your comments on the proposed acquisition. In order for the Secretary to assess the impact of the removal of the subject property from the tax rolls, and if applicable to your organization, we also request that you provide the following information: (1) If known, the annual amount of property taxes currently levied on the subject property allocated to your organization; (2) Any special assessments, and amounts thereof, that are currently assessed against the property in support of your organization; (3) Any governmental services that are currently provided to the property by your organization; and (4) If subject to zoning, how the intended use is consistent, or inconsistent, with the zoning. We provide the following information regarding this application: Applicant: Skokomish Indian Tribe. Legal Land Description/Site Location: All that portion of the South half(S 1/2) of the South half(S 1/2) of Indian Lot ten (10) which lies Easterly of the Easterly right-of-way line of U.S. Highway 101, and the South half(S 1/2) of the South half (S 1/2) of Indian Lots eleven (11) and twelve (12), all in Section two (2), Township twenty-one (21) North, Range four (4) West, W.M. Situate in Mason County, Washington, containing 6.62 acres, more or less. Mason County Parcel Nos. 42102 22 00010, 42102 2100000 and 42102 21000 10. Project Description/Proposed Land Use: The land is currently used for governmental operations, including public safety. The Skokomish Tribe does not intend to change the land use in the foreseeable future. As indicated above, the purpose for seeking your comments regarding the proposed trust land acquisition is to obtain sufficient data that would enable an analysis of the potential impact on state government, which may result from the removal of the subject property from the tax rolls and local jurisdiction. This notice does not constitute, or replace, a notice that might be issued for the purpose of compliance with the National Environmental Policy Act(NEPA) of 1969. Your written comments should be addressed to the Superintendent, Bureau of Indian Affairs, 2707 Colby Avenue, Suite 1101, Everett, Washington 98201-3528. Any comments received within thirty days of your receipt of this notice will be considered and made a part of our record. You may be granted one thirty day extension of time to furnish comments, provided you submit a written justification requesting such an extension within thirty days of receipt of this letter. Additionally, copies of all comments will be provided to the applicant for a response. You will be notified of the decision to approve or deny the application. If any party receiving the enclosed notice is aware of additional governmental entities that may be affected by the subject acquisition,please forward a copy to said party. A copy of the application, excluding any documentation exempted under the Freedom of Information Act (FOIA), is available for review at the above address. A request to make an appointment to review the application, or questions regarding the application, may be directed to Rich Ferguson, Acting Realty Officer, at telephone number(425) 258-4561, extension 222, or at richard.fergusona,bia.gov. Sincerely, Marcella L. Teters Superintendent Cc:CMMRS Neatherlin, Shutty, Drexler Clerk )-4:wj Car E Ai 024L PORT OF SHELTON AVIATIDN INDUSTRIAL I MARINE RECEIVE® Memo OCT 032018 Mason County To: Mason County Assessor Commissioners From: Wendy Smith, Executive Director Port of Shelton CC: Mason County Commissioners Date: 10/2/2018 Re: Port of Shelton Tax Levy for 2019 I have attached a copy of the budget and levy resolutions passed by the Port of Shelton Commission on October 2, 2018 for your use in preparing the tax assessments for levies imposed in 2018 for collection in the year 2019. The certified tax levy for 2019 collection in Resolution 18-07 is $775,000.00. Please call me if you have any questions about the Port's budget or levy for next year. 21 W Sanderson Way, Shelton, WA 98584 (360)426-1151 (360)427-0231 fax www.portofsheiton.com Port of Shelton 2019 Operating and Nonoperating Budget 2019 Operating Revenues/Expenses Total 610.00 Sanderson Field Revenues $ 1,311,233 Total 620.00 Marina Revenues 374,116 Total 640.00 Johns Prairie Revenues 479,462 Total Operating Revenues 2,164,811 Total 710.00 Sanderson Field Expenses 228,465 Total 720.00 Marina Expenses 96,221 Total 740.00 Johns Prairie Expenses 58,032 Total 780.00 General and Administrative Expenses 1,280,361 Total Operating Expenses 1,663,079 Total Operating Income 501,732 Nonoperating Revenues/Receipts (Expenses/Disbursements) Total 650.00 Capital Contributions 7,248,056 Total 690.00 Other Nonoperating Revenues 1,500 Total 693.00 Operating Grants 2,000 Total 699.10 Interest Income 36,600 Total 699.20 Property Taxes (Ad Valorem) 775,000 Total 699.30 Miscellaneous Taxes 10,000 Total Nonoperating Revenues 8,073,156 Total 790.00 Other Nonoperating Expenses 23,610 Total 799.91 Interest Expense 71,148 Total Nonoperating Expenses 94,758 Total Nonoperating Revenues (Expenses) 7,978,398 Nonrevenues and Nonexpenses Total 671.00 Debt Proceeds (Notes Rec Prin/New Debt) 3,290,000 Total 679.00 Other Nonrevenues 220,050 Total 771.00 Principal Paid on Long-Term Debt (261,941) Total 773.00 Purchase of Capital Assets (11,292,381) Total 779.00 Other Nonexpenses (220,000) Total Nonrevenues and Nonexpenses (8,264,272) Total Nonoperating Revenues/Receipts (Expenses/Disbursements) (285,874) Net Increase (Decrease) in Cash and Investments $ 215,858 PORT OF SHELTON RESOLUTION 18-06 Resolution of the Port of Shelton Commission Providing for Acceptance, Approval, and Adoption of the Final Operating and Maintenance, and Capital Budget for 2019 Pursuant to RCW 53.35.030 WHEREAS, a Preliminary 2019 Operating and Capital Budget was prepared and presented in a public meeting of the Port of Shelton Commission on September 4, 2018; and WHEREAS, public notices were published in a newspaper of general circulation in Mason County during the weeks of September 10, 2018 and September 17, 2018 proclaiming the availability of the Proposed Final 2019 Operating and Capital Budget to taxpayers at the Port office and announcing a public hearing on the Final Budget on October 2, 2018, all in accordance with RCW 53.35.020 and 53.35.030; and WHEREAS, a public hearing was held on October 2, 2018 at 2:00 P.M., in the Port Commission Chambers after proper notice for a regular meeting of the Port Commission in the daily newspaper of general circulation in Mason County was given, and the Port Commission heard from all persons desiring to be heard on the matter of the Final Budget all in accordance with RCW 53.35.020 and RCW 53.35.030. NOW, THEREFORE BE lT RESOLVED, by the Port of Shelton Commission as follows: The Final Budget for Port Operations & Maintenance for 2019, appended hereto as part of this Resolution is Accepted and Approved. The Capital Budget, appended hereto as part of this Resolution, is Accepted and Approved, and all projects are funded at the budgetary funding levels shown therein. To the extent necessary the Capital Budget will amend the Port's Comprehensive Plan per RCW 53.20.010. This Resolution shall become effective immediately upon its adoption. ADOPTED by the Port of Shelton Commission at a regular meeting thereof held this 2nd day of October, 2018. PORT OF SHELTON BOARD OF COMMISSIONERS By: I D TAYLOR, man By: KRISTAI BU K, Commissioner By- _ SUE PATTERSON, Commissioner PORT OF SHELTON Resolution No. 18-07 A Resolution of the Port of Shelton Commission Adopting the Property Tax Levy for 2019 RCW 84.55.120 WHEREAS, the Port of Shelton Commission, having properly given notice of the public hearing held October 2, 2018 to consider the Port's current expense budget for the 2019 calendar year, pursuant to RC 53.35.020 and 53.35.030; and WHEREAS, the district actual levy amount from the previous year was $739,178.80; and WHEREAS, the population of this district is more than 10,000; and WHEREAS, the Port of Shelton Commission, after hearing, and after duly considering all relevant evidence and testimony presented, and having reviewed all sources of revenue and examined all anticipated expenses and obligations, has determined that an increase is hereby authorized for the levy to be collected in the 2019 tax year; NOW, THEREFORE, BE IT RESOLVED, by the Port of Shelton Commission that the increase in the regular property tax levy shall be $7,617.52 which is 1% from the highest lawful levy. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in value of state assessed property, any annexations that have occurred and refunds made. BE IT FURTHER RESOLVED, that the 2019 tax Levy Certification amount submitted to Mason County shall be $775,000.00 This estimated amount includes additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, and any annexations that have occurred and refunds made for Port budget purposes. Adopted this 2nd day of October, 2018. PORT OF SHEL TON BOARD OF COMMISSIONERS By: ICHARD AYLOR, airman By: 41 f-lij lz� KRI W BUCK, Commissioner By: SUE PA ERSON, Commissioner Department of Revenue Levy Certification Washington State Submit this document to the county legislative authority on or before November 30 of the year preceding the year in which the levy amounts are to be collected and forward a copy to the assessor. In accordance with RCW 84.52.020, 1, Richard Taylor , (Name) Chairman ,for the Port of Shelton ,do hereby certify to (Title) (District Name) the Mason County legislative authority that the Commissioners (Name of County) (Commissioners,Council,Board,etc.) of said district requests that the following levy amounts be collected in 2019 as provided in the district's (Year of Collection) budget, which was adopted following a public hearing held on 10/02/18 (Date of Public Hearing) Regular Levy: $775,000.00 (State the total dollar amount to be levied) Excess Levy: (State the total dollar amount to be levied) Refund Levy: (State the total dollar amount to be levied) G - Signature: Date: October 2,2018 To ask about the availability of this publication in an alternate format for the visually impaired,please call(360)705-6715. Teletype(TTY)users,please call(360)705-6718. For tax assistance,call(360)534-1400. REV 64 0100e(w)(2/21/12) BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of September 24,2018 Monday, September 24,2018 9:00 A.M. Community Services—Dave Windom Commissioners Neatherlin,Drexler and Shutty were in attendance. • The Board approved the news release for the two open positions on the Historic Preservation Commission.It will be on the October 2,2018 meeting. • Alex Paysse and Katie Otaflez presented the Annas Bay Shellfish Protection Closure Response Plan.Cmmr.Drexler praised the depth of the report and questioned some processes.Cmmr.Neatherlin questioned a program done in the 90's for septic reviews around Mason County.Cmmr.Drexler asked Katie to look into those reviews for fiuther Cmmr.Discussion. • Public Benefit Rating System-Cmmr.Neatherlin asked to have a work session set up for an in depth discussion. Cmmr.Drexler questioned how long it would take to get the program up and running once approved.Kell explained that she is working on a time estimate,but doesn't have an exact timeline yet.Options on how current open space applicants can move into PBRS were considered.Cmmr.Neatherlin said he would like to decide on this during the workshop. • Kell asked to set a public hearing on October 23,2018 for a rezone.The Board asked her to submit any comments with her hearing packet for their review. • Dave asked about a letter regarding Water Resource Inventory Area(WRIA) 14 that needs to be sent into Ecology.He reminded the Commissioners that the letter is due by September 26,2018. 9:30 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Neatherlin,Drexler and Shutty were in attendance. • Jerry first addressed a road vacation for a portion of W.Cloquallum Road.The Board approved moving forward. • The Allyn Lift Station Replacement Pump was explained.Jerry described what is happening with a bad seal and how the pump has to be watched and manually manipulated until a replacement can be purchased.He noted that the North Bay system will be in need of more repairs as the pumps age. 10:00 A.M. BREAK 10:15 A.M. Support Services—Frank Pinter Commissioners Neatherlin,Drexler and Shutty were in attendance. • October 30 meeting in Hoodsport. The Board agreed to hold a meeting at 1 p.m.at the Fire Hall. Suggested agenda items are a presentation for on-line building permits,information on septic tank alternatives and possibility an update from staff and/or WSDOT regarding the Hoodsport speed study. • The Board agreed to extend the live streaming contract with MasonWebTV for 2019 —same terms($50 per 4-hour meeting;each hour after that is$25). • Permission was granted to post two Public Works positions—Engineer Tech IV& Engineer II or III. • The Board agreed to a request for 10%lead pay for a Public Works position. • Frank stated there was a Memorandum of Understanding with Woodworkers Union that was approved by the Board in April and it was then determined that this item will be negotiated into the CBA so there is no MOU for the Commissioners to sign. The record needs to show there is no MOU for this April action and there was discussion of the potential impact of correcting the record. Staff will check with Tim Whitehead. Board of Mason County Commissioners' Briefing Meeting Minutes Week of September 24,2018 • The Board agreed to invite Lewis Mason Thurston Area Agency on Aging (LMTAAA)Director to Commission meeting to make a presentation. 10:45 A.M. Mason County Economic Development Council—Karin Leaf Commissioners Neatherlin,Drexler and Shutty were in attendance. • Karin Leaf reported that the Comprehensive Economic Development Strategy list has been updated. Cmmr.Drexler noted there are no projects from the City of Shelton and thought they may have three projects to add. Karin will check with the City. Tuesday, September 25,2018 4:00 P.M. Presentation of 2019 Budget 3 Commissioners Neatherlin,Drexler and Shutty were in attendance. • Frank Pinter and Jennifer Beierle reviewed the 2019 budget status for Current Expense. Using data from the last three years,the projection is that expenditures are lower in 2019. Projected to have$4.4M in cash end of December; 12%reserve is $3.9M so we will be above reserve. The gap between revenues and expenditures has been closing and that trend needs to continue.Projected revenues are$34.6M; expenditures are$34M. Preliminary budget is at$35AM in revenues and$37.3M so the expenditure shortfall is almost$2M. The revenues were reviewed and they were conservatively budgeted.Frank believes there may some opportunity to increase projected revenues. Expenditure difference between 2018 and 2019 based on Maintenance level Changes is$1.124M(i.e.CBA,DRS,L&I,steps). If a 1%wage increase were approved across the board,the cost would be about$175K;if a$52 benefit increase were approved it would be about$150K and these costs are not included in the preliminary budget. There was no consideration for 2018 unexpended budget in the numbers presented. The gap between maintenance level preliminary budget expenditures and projected revenues is$300K;if policy level changes are included the shortfall is$3.3M. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 1,2018 Monday,October 1,2018 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Neatherlin,Drexler and Shutty met in Closed Session from 9:00 a.m.to 9:15 a.m.for a labor discussion. 9:15 A.M. Executive Session—RCW 42.30.110(1)(b)Real Estate Purchase Commissioners Neatherlin,Drexler and Shutty met in an Executive Session from 9:15 a.m.to 9:25 a.m.to discuss a real estate purchase. 9:30 A.M. Support Services—Frank Pinter Commissioners Neatherlin,Drexler and Shutty were in attendance. • Criminal Justice Treatment Account(CJTA)Contract with WA State Health Care Authority for Therapeutic Courts will be placed on the agenda. • Cmmr.Shutty brought up the issue of boat launch fees that was brought up during the Mason Lake Lake Management District adoption process. Cmmr.Drexler said her biggest concern is the commercial use at Latimer's Landing. Frank stated Seattle Shellfish has indicated they are willing to pay an annual fee. Cmmr.Neatherlin stated if the Commission implements this,there should be a fee schedule that will apply to all commercial users. It was noted if there is a recreational fee on lakes,the property owners would also have to pay. Discussion of possibly selling the Union Boat Launch to the Hood Canal Marina. Support Services will bring this back for further discussion. Port of Allyn uses a machine to collect fees at their North Shore facility and collect over $10,000 a year,. • The Commissioners agreed to send a letter of appreciation to Lee Swoboda for his service to the HCCC Citizens Advisory Group. • Cmmr. Shutty updated the Board on the BHO Mental Health Triage Center permitting process with the City of Shelton. Depending if this facility is in the"downtown core" there may be traffic impact fees. Otherwise,the permit is moving forward. • Ross stated the termination letter to the Foothills Park attendant has been delivered and he will present a news release soliciting applications at tomorrow's meeting. • Cmmr.Drexler reported that at the HCCC Integrated Watershed Planning meeting,it was agreed to direct the$100K Near Term Action(NTA) money to the shellfish initiative and this recommendation will come before the HCCC for a vote. • Cmmr.Drexler then reported that she has brought up changing the definition of urban arterial at the Transportation Improvement Board meetings and has not been successful. • Cmmr.Shutty stated the MACECOM user fee increase will be under$1,000. They are changing from Spillman to ProPhoenix. 9:50 A.M. Community Services—Dave Windom Commissioners Neatherlin,Drexler and Shutty were in attendance. • Kristopher reported on current status of building permits and implementation of the on- line permitting. There will be an office closure on October 12 for in-staff training. • Dave attended a meeting on Friday regarding CARA's and there was a discussion of extending the sewer on Highway 101 to the mobile park on Shelton Springs Road. This is a long range issue to deal with water quality. • Working on solid waste enforcement issues and there may a couple of abatement cases. • Dave has invited Department of Health staff to the Hoodsport meeting on October 30. 10:10 A.M. BREAK Board of Mason County Commissioners'Briefing Meeting Minutes October 1,2018 10:15 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Neatherlin,Drexler and Shutty were in attendance. • Bart presented a Mutual Aid and Assistance Agreement for Intrastate Water/Wastewater Agency Response Network(WARN)that will be placed on an agenda. • Adopt-A-Road agreement with Kim Delany and Family for Agate Road will be placed on the agenda. • Updating the Right of Way Acquisition Procedure for Public Works Projects will be placed on the agenda. • Request to fill a Teamster/Operator position that will be vacated by a retirement was approved. • Review of the Belfair Freight Planning Scope of Work and budget were reviewed.Cmmr. Neatherlin wants to make sure there is no conflict of interest with the consultant. Staff will continue to move this forward. • Sarah Grice reviewed the 2019 Annual Construction program and the 6-year Transportation Improvement Plan(TIP). Staff indicated they continue to consider improvements to the Johns Prairie and SR 3 intersection.Cmmr.Drexler noted there may be funding opportunities from MTA and CERB. Staff reviewed the anticipated revenues. • Members from the Transportation Improvement Program Citizen Advisory Panel(TIP- CAP)presented their recommendation. TIP-CAP community outreach meetings were held in Belfair,Shelton and Hoodsport. A partnership with WSDOT is necessary for improvements of some of the intersections. Staff was directed to forward the WSDOT related comments to WSDOT and request a meeting. TIP-CAP supports a lower amount directed to traffic diversion. Additional information would be helpful to better understand how the traffic diversion is spent.Quarterly reports are submitted by the Sheriff's Office and the Commissioners agreed these should be shared with TENCAP. Cmmr.Shutty pointed out there is a statewide movement of increasing the traffic diversion. Cmmr.Neatherlin stated the Commission is now in the 2019 budget process and if the traffic diversion is reduced,it will create a greater budget shortfall for Current Expense. The Commissioners noted they watch the traffic diversion very carefully.TIP- CAP suggested developing a relaxed standard for existing gravel roads. Develop a procedure to accept right of way for future county road use. Another issue is to improve intersection safety. TIP-CAP proposed to advance three projects in 2019 estimated to cost$700,000 should the traffic diversion be reduced to$1.5M:Trails Road Alternate Route(Rasor Road);Mason-Benson Intersection Safety and Allyn Access,Circulation and ROW. 11:30 A.M. Mason Conservation District-John Bolender&Barbara Adkins Commissioners Neatherlin,Drexler and Shutty were in attendance. • The Voluntary Stewardship Plan(VSP)Work Plan has been adopted by the State and the Conservation District is starting to implement the Plan which includes public outreach, stewardship practices,monitoring and adaptive management. Changes to the County's Resource Ordinance and/or Comprehensive Plan to accommodate the County's VSP program may be necessary,as well as to the County's website,in order to best serve and inform interested citizens. The Conservation District will need to work with Community Services so the public is aware of the VSP. Implementation in the I'quarter for 2019 will be funded with grant funds that were unspent from the planning phase. Other funding will be used to get to the start of the 2019 biennium(July 2019)with the hope that the legislature will fund the implementation. $250K is the current ask in the WA State Conservation budget for the 2019-2020 biennium. The Commissioners agreed to add a link on the County's website to the VSP information and there should be a regulation change so the public is aware that Mason County is a VSP county. • John provided an update on the Skokomish GI funding and the need to show that this project is a priority. An Executive meeting needs to be called with the Corps of Engineers and Tribe and John will contact Jerry Hauth. Board of Mason County Commissioners'Briefing Meeting Minutes October 1,2018 2:00 P.M. Elected Official/Department Head Meeting Commissioners Neatherlin,Drexler and Shutty were in attendance. The following offices/departments were represented: Assessor,Treasurer,District Court,Coroner, Sheriff,Public Works,Support Services,WSU Extension,Juvenile Services and Superior Court. • Jennifer Beierle shared the spreadsheet that explains how the Cost Allocation Plan is determined that is paid by Special Funds to Current Expense. Included was SAO information on how to assign the cost of central services to the internal-government users of those services. • Frank stated that last week the Board was presented with 2019 preliminary budget information and budget workshops start next week allowing departments to explain their policy level requests(PLR). Vehicle purchases are a PLR. • Sheriff said their call volume is running higher and they are anticipating retirements in their office;Judge Meadows stated they have had a large staff turnover resulting in a delay of paperwork; Cmmr.Drexler reported the Budget Advisory Committee is now working on a recommendation to the Commissioners which may include a levy lid lift to support the criminal justice system. Dan Teuteberg shared information on community informational meetings they will be holding including the 4-H program and early leaming. Judge Cobb shared that dependency hearings continue to increase and they are exploring a pretrial services program. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5th Street, Shelton, WA September 25, 2018 1. Call to Order—The Chairperson called the regular meeting to order at 6:06 p.m. 2. Pledge of Allegiance—Jennifer Beierle led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2 — Kevin Shutty; Commissioner District 3 —Terri Drexler. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Chauffeurs,Teamsters and Helpers Union Local 252 sent in Notice of Contract Openings for Mason County Juvenile Detention, Appraisers, Probation, Public Works and General Services. 4.1.2 Washington State Liquor and Cannabis Board sent liquor license applications for Rotary Club Shelton and Shelton Rotary Foundation, both held at Port of Shelton 21 Sanderson Way, Shelton. 4.1.3 State of Washington Department of Ecology sent an invitation for Watershed Restoration and Enhancement Committee for the Kitsap Peninsula Watershed. 4.1.4 Department of Archaeology and Historic Preservation sent notice that Ebenezer Congregational Church/Allyn Historic Church has been listed in the National Register of Historic Places. 5. Open Forum for Citizen Input— No comments. 6. Adoption of Agenda - Cmmr. Drexler/Shutty moved and seconded to amend the agendas with the addition of item 9.1, watershed planning. Motion carried unanimously. N-aye; S-aye; D-aye. 7. Approval of Minutes-August 7 and August 28, 2018 regular meeting minutes Cmmr. Shutty/Drexler moved and seconded to approve the August 7 and August 28, 2018 regular meeting minutes. Motion carried unanimously. N-aye; S-aye; D-aye. 8. Approval of Action Agenda: 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8059046-8059277 $ 2,210,879.61 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ 8.2 Approval of the formal letter of termination for the Foothills County Park Attendant Contractual Agreement with Victor Coffelt. The letter is dated September 25, 2018 with a move out date of October 17, 2018. 8.3 Approval to enter into a Release and Hold Harmless Agreement with Cindy and Richard Kasten to settle all claims or potential claims of erroneous pay scale setting and to pay the sum of $78,963.60 for retroactive wages to supplement the April 1, 2014 —September 25, 2018, for the erroneously set pay scale. Thereafter, the Y rated annual salary shall be set at $95,424.48 until such time as the range shall catch up to that salary level or said incumbent vacates the position, whichever shall occur first, at which time the salary shall be consistent with the then existing Non-Represented Salary Scale Range Alignment. This adjustment will be funded out of the Mason County Sheriff's Office Salaries and Benefits accounts, fund 001-205-270. Cmmr. moved and seconded to approve action items 8.1 through 8.3. Motion carried unanimously. N-aye; S-aye; D-aye. 9. Other Business (Department Heads and Elected Officials) BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS September 25, 2018 - PAGE 2 9.1 Dave Windom spoke about the requirement to join a watershed coalition. Department of Ecology has asked for a letter of commitment which is needed from the Board. Cmmr. Drexler noted that Cmmr. Shutty would be appointed to represent area 14, and Cmmr. Neatherlin in area 15. Cmmr. Drexler moved and seconded to authorize the Chair to sign a letter of commitment to participate in watershed planning for WRIA areas 14 and 15. Motion carried unanimously. N-aye; S-aye; D-aye. 9.2 Dave announced DNR fire regulations expire Sunday at midnight so Mason County will match that lift. A news release will be sent out. 10. 6:30 p.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to consider proposed amendments to the Motorboat Regulations, Mason County Code Chapter 9.04. Proposed amendments include, but may not be limited to, changing language regarding buoy placement from shoreline to mark the minimum water skiing distance on fresh water. Staff: Diane Zoren Diane stated that there is no specific language to present, asking the Board for their specific requests. Brad Moore from Timberlakes Home Owners Association (HOA) passed out copies of specific suggestions to ordinance 9.04.235 to place floating buoys up to 140 feet from their respective shoreline. He explained that this will help create space in narrow areas of the lake. Brad talked about how the lake is regulated within the HOA. Brad then asked that in regards to skiing, private/restricted lakes be permitted to establish skiing distance from shores and speed limits as per their covenants and codes. He noted that this would help take liability off of the County. Cmmr. Shutty questioned how speed limits are enforced on the lake. Brad answered that he will pull the person in question over to have them slow down. Cmmr. Drexler stated that she is a member of Timberlake's and is a homeowner so she would recuse herself from the vote. She read from Mason County Code 9.04.235 and suggested adding "Homeowners organizations with the authority to restrict access to freshwater bodies may place buoys up to 150 feet from the shoreline in the pattern and amount necessary for regulating safety." Cmmr. Neatherlin said he liked the proposed language for adding "up to" 150 feet. He suggested that though a lake is private, it still needs to fall under state law. He stated that all lakes should follow all of the same laws. Cmmr. Shutty questioned how many lakes this would apply to. A number was not available at this time. He said he would like to continue the hearing in order to hold a work session that way proposed language could be drafted. Cmmr. Drexler agreed. Cmmr. Shutty/Drexler moved and seconded to continue the hearing until October 16th pending work session with staff. Motion carried unanimously. N- aye; S-aye; D-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS September 25, 2018 - PAGE 3 10.2 Public Hearing to consider supplemental appropriations and budget transfer requests to the 2018 budget (Staff: Jennifer Beierle) Jennifer read through all listed items and noted that the grand total is $1,097,100. No public testimony was received. Cmmr. Shutty/Drexler moved and seconded to approve the budget and supplemental requests as follows: Supplemental Appropriations: $17,896 Increase to Auditor's Elections Fund 001.030-Secretary of State grant and $17,896 Increase to Auditor's Elections Fund 001.030- Postage expense line Due to increased postage expense offset by SOS grant $127,500 Increase to Solid Waste Fund 402 - Department of Ecology grant and $127,500 Increase to Solid Waste Fund 402 - Ending Fund Balance Due to DOE grant award to pay for already budgeted household hazardous waste&recycling expenses $6,201 Increase to Juvenile Services Fund 001.171—Office of the Governor grant and $6,201 Increase to Juvenile Services Fund 001.171—Salary&benefit lines Due to an increase in the Becca grant $34,400 Increase to Community Services Health Fund 150—Drinking water permits&fees and $34,400 Increase to Community Services Health Fund 150—Salaries&benefits Due to an increase in revenue received from drinking water permits and fees $20,000 Increase to Community Services Health Fund 150— Department of Health grant and $20,000 Increase to Community Services Health Fund 150—Various expense lines Due to an increase in opioid funding grant from DOH Budget Transfers: $150,000 from Current Expense Fund 001.320- Ending Fund Balance to $150,000 Office of Public Defense Fund 001.240-Various professional service lines Due to higher than anticipated expense levels during the 2018 budget process $9,600 from Current Expense Fund 001.320- Ending Fund Balance to $9,600 Non Departmental Fund 001.300—Litter crew tipping fees Due to increased tipping fees in 2018 $100,000 from Current Expense Fund 001.320- Ending Fund Balance to $100,000 Non Departmental Fund 001.300 -Accrued Leave Due to increased accrued leave payouts in 2018 $115,500 from Current Expense Fund 001.320- Ending Fund Balance to $115,500 Non Departmental Fund 001.300—Risk Management Insurance Due to a 21% unanticipated increase in 2018 insurance premiums $675,000 from Solid Waste Fund 402 Ending Fund Balance to $425,000 Solid Waste Fund 402- Facility Improvements $250,000 Solid Waste Fund 402-Capital Equipment To pay for transfer station improvements and replacement loader $2,500 from Current Expense Ending Fund Balance— Fund 001.320 to $2,500 Auditor's Financial Services Fund 001.030—Small Tools and Minor Equipment To replace broken printer $30,000 from Treasurer's M&O Fund 180— Ending Fund Balance to $30,000 Treasurer's M&O Fund 180— Professional Services Due to increased title report costs $14,500 from Current Expense Fund 001.320— Ending Fund Balance to $3,611 Emergency Management Fund 001.050—ER&R Vehicles $10,889 Emergency Management Fund 001.050— Professional Services Correction to the May 1t budget supplemental: $14,500 DEM revenue was applied to EFB, &should have been applied to DEM expenses Motion carried unanimously. N-aye; S-aye; D-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS September 25, 2018 - PAGE 4 11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 7:04 p.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair Terri Drexler, Commissioner Kevin Shutty, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda X Public Hearing Other DEPARTMENT: Parks &Trails EXT: 806 DATE: 10/09/2018 Agenda Item # g Commissioner staff to com tete BRIEFING DATE: 01/15/2018, 02/06/2018 BRIEFING PRESENTED BY: Frank Pinter and Ross McDowell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Amending Resolution 10-09 Rate Increase for Mason County Field Use Contracts Background: On January 16, 2018 the Mason County Board of County Commissioners approved in an open meeting the updated fee schedule for Mason County Baseball field use. One February 6, 2018 the Mason County Board of County Commissioners approved the Chair to approve the deposit rates schedule for Mason County Baseball field use. At the time of these two Board actions, no amendment to the Resolution 10-09 was made. Cost Impact to the County: There is no cost impact to the County, there may, however be a revenue increase. Approval to: Amend Resolution 10-09 to include the 2018 and 2019 Mason County Baseball Field Use fee schedule and deposit rates (see exhibit A - 2018 and exhibit B - 2019). The rates are adjusted by the CPI for all Cities June to June (2019 is 2.7% increase). Attachment(s): 1. Resolution Amends Resolution 10-09 Establishing a Fee and Charge Policy for Mason County Parks and Trails Department 2. Exhibit A— 2018 Mason County parks Department 2018 Field Rental Rates 3. Exhibit B — 2019 Mason County parks Department 2018 Field Rental Rates 4. 01-16-2018 BOCC Action Agenda Sheet 5. 02/06/2018 BOCC Action Agenda Sheet H:Tacilities&Parks\Parks\Fee Schedules\BOCC Summary Item Res Ammend 10-09.doc MASON COUNTY COMMISSION AGENDA ACTION SHEET January 16, 2018 ACTION 8.1 Approval to appoint Jamie Bariekman and Brian Smith to the Planning Advisory Commission for terms ending January 16, 2022. Approved 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8054044-8054141 $ 139,420.48 Direct Deposit Fund Warrant #s 46809-47175 $ 604,954.48 Approved Salary Clearing Fund Warrant #s 7003329-7003369 $ 957,048.26 Total $1,701,423.22 8.2 Approval to appoint Kathryn Haigh to the Mason County Housing Authority Board for a five year term ending January 16, 2023. Approved 8.3 Approval of 2018 contract renewals for public defense with the Law Offices of Sean Taschner. Approved 8.4 Approval to bind coverage for Mason County's third party liability TankGuard Renewal Policy with AIG effective April 21, 2018 —April 21, 2019 and approval to authorize the Chair to sign the Renewal Warrant Acknowledgement Form. There is Approved no change in the policy as written for the prior year. 8.5 Approval to authorize the Chair to sign the Sub-recipient agreement with Community Action Council of Lewis, Mason, and Thurston Counties for service provisions under a Approved Public Services of Washington State Community Development Block Grant (CDBG). 8.6 Approval of the updated fee schedule for Mason County Baseball field use. Fees-Approved "Deposit requirements- Tabled until February 6, 2018 8.7 Approval of contract CLH18253 between Mason County and the State of Washington Department of Health. This contract supersedes contract C17118. Approved 8.8 Approval to cancel a public hearing on January 23, 2018 at 6:30 p.m. to consider the Parks &Trails Comprehensive Plan. The public workshop scheduled on Wednesday, Approved January 17 at 6:00 p.m. to review the proposed plan will still take place. MASON COUNTY COMMISSION AGENDA ACTION SHEET February 6, 2018 ACTION 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8054142-8054368 $ 781,145.55 Direct Deposit Fund Warrant #s 47176-47543 $ 690,962.80 Approved Salary Clearing Fund Warrant #s 7003370-7003398 $ 487,493.42 Total $1,959,601.77 8.2 Approval to authorize Public Works to execute an agreement with South Sound Steel & Recycling to provide scrap metal and refrigerator collection Approved services, paying the county a percentage of the revenues receive from the material collected. 8.3 Approval to award the contract for the Eells Hill Improvements Project to McClure & Sons, Inc. in the amount of $515,887.12 and approval to authorize Approved the Deputy Director of Public Works/U&W Management to sign the contract. 8.4 Approval to authorize the Chair to execute the Road Levy Certification for Approved 2018. 8.5 Approval to authorize the Chair to execute Supplemental No. 2 to the agreement with SCJ Alliance, increasing the maximum payable amount to $304,637.30 and extending the contract completion date to December 31, Approved 2018. 8.6 Approval to authorize Public Works to use the County MRSC Consultant Roster to select a consultant for surveying services as part of the subdivision of Approved parcel No. 42002-10-00020 and approval to have the Board execute the Consultant agreement once a consultant is selected. 8.7 Approval to have the Chair approve the deposit rates on the 2018 Field Rental Approved Rate schedule. Continued from January 16 2018. 8.8 Approval to sign the Acknowledgment of Receipt of 2017 Refund Report from Approved the Mason County Treasurer. 8.9 Approval to cancel uncollectible personal property taxes. Approved 8.10 Approval to amend Resolution 19-17 Mason County Personnel Policy, Chapter Approved 7.2 Sick Leave Policy and Chapter 13.25 Vehicle Use Safety. 8.11 Approval to amend Resolution 20-97 and County Code 2.124, Mason County Approved Safety and Accident Prevention Program. 8.12 Approval to amend Ordinance 127-03, Mason County Policy and Procedure for Approved Defense and Indemnity of Employees. 8.13 Approval to appoint Sandy Tarzwell to the Mason Transit Authority Board. Approved 8.14 Approval of the Memorandum of Understanding between Mason County, Mason County Assessor's Office, AFSCME Local 1504 of the WSCCCE and Teamsters Union Local No. 252 to resolve any and all grievances of salary, Approved duties, and transfer the personal property duties from the Teamsters Appraisers Unit Collective Bargaining Agreement to the AFSCME Assessor's Office Clerical Unit Collective Bargaining Agreement. Exhibit A MASON COUNTY PARKS DEPARTMENT 2018 FIELD RENTAL RATES ORGANIZED YOUTH LEAGUE Use Rate Pro-Rated Based on 2-Hour Practice Practice $ 16.00 $8.00 Per Hour 2-Hour Slot with Field Prep Game $ 28.00 ORGANIZED ADULT LEAGUES: Practice $ 23.00 $11 .50Per Hour Game $ 34.00 TOURNAMENTS: Includes Field Preps Per Field $ 140.00 Full Comple) $ 978.00 MISCELLANEOUS: Per Hour $ 16.00 DEPOSITS Tier II - two prior payment delinquencies 50% deposit required at time of booking for all scheduled dates Deposit refund if cancelled within 3 months of play 100% If cancelled within 1-3 months of play 50% If cancelled within 30-15 days of play 10% If cancelled within 14-2 days of play 5% If cancelled within 24 hours of play 0 If cancelled by Parks Dept due to weather 100% Tier I - no or one prior payment delinquencies Deposit For Local League play payment of $375 deposit due upon acceptance of schedule even for multiple day reservations Payment For Local League play payment due upon receipt of invoice which will be processed every two weeks Page 1 Deposit For Tournament play payment of $978 deposit for one day or $1 ,956 for two days due upon acceptance of schedule even for multiple day reservations Payment For Tournament play payment of $978 for one day or $1 ,956 for two days is due on the Friday prior to tournament play. The deposit will be rolled forward to next scheduled tournament date for multiple dates scheduled Cleanup Fee Fee charged if field is not returned in condition it was received or cigarette butts or sunflower seeds left on the Synthetic Turf $250 Biohazard Cleanup Fee to remove bodily fluids $400 Supplemental Fees 3.5' X 8' sign on outfield fence $200/yr $350/2 yrs 3.5' X 8' sign on outfield fence in preferred location $375/yr $675/2 yrs Sponsor is responsible for purchasing sponsor banner County Staff will erect and remove banner at the end of the season Page 2 Exhibit B MASON COUNTY PARKS DEPARTMENT 2019 FIELD RENTAL RATES ORGANIZED YOUTH LEAGUE Use Rate Pro-Rated Based on 2-Hour Practice Practice $ 16.50 $8.25 Per Hour 2-Hour Slot with Field Prep Game $ 29.00 ORGANIZED ADULT LEAGUES: Practice $ 24.00 $12.00Per Hour Game $ 35.00 TOURNAMENTS: Includes Field Preps Per Field $ 144.00 Full Comple> $1 ,004.00 MISCELLANEOUS: Per Hour $ 16.50 DEPOSITS Tier II - two prior payment delinquencies 50% deposit required at time of booking for all scheduled dates Deposit refund if cancelled within 3 months of play 100% If cancelled within 1-3 months of play 50% If cancelled within 30-15 days of play 10% If cancelled within 14-2 days of play 5% If cancelled within 24 hours of play 0 If cancelled by Parks Dept due to weather 100% Tier I - no or one prior payment delinquencies Deposit For Local League play payment of $375 deposit due upon acceptance of schedule even for multiple day reservations Payment For Local League play payment due upon receipt of invoice which will be processed every two weeks Pagel Deposit For Tournament play payment of $1 ,004 deposit for one day or $2,008 for two days due upon acceptance of schedule even for multiple day reservations Payment For Tournament play payment of $1 ,004 for one day or $2,008 for two days is due on the Friday prior to tournament play. The deposit will be rolled forward to next scheduled tournament date for multiple dates scheduled Cleanup Fee Fee charged if field is not returned in condition it was received or cigarette butts or sunflower seeds left on the Synthetic Turf $250 Biohazard Cleanup Fee to remove bodily fluids $400 Supplemental Fees 3.5' X 8' sign on outfield fence $200/yr $350/2 yrs 3.5' X 8' sign on outfield fence in preferred location $375/yr $675/2 yrs Sponsor is responsible for purchasing sponsor banner County Staff will erect and remove banner at the end of the season Page 2 RESOLUTION No. AMENDS RESOLUTION 10-09 ESTABLISHING A FEE AND CHARGES POLICY FOR MASON COUNTY PARKS AND TRAILS DEPARTMENT WHEREAS, Chapter 67.20.010 RCW, provides the authority for Counties to own and operate recreational facilities for public use, and to set forth the regulations, policies and practices governing such use, and WHEREAS, many of Mason County Parks and Department services that previously were free in the future may require a fee to support parks administration, operations and maintenance; BE THEREFORE, BE IT RESOLVED THAT THE Board of County Commissioners of Mason County does hereby amend the "Fee and Charges Policy"for 2018 rates in Exhibit A and 2019 rates with increase of 2.7% CPI adjustment for all Cities June to June in Exhibit B pertaining to field rental rates and deposits for Mason County Parks and facilities. PASSED this day of 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Chief Deputy Prosecuting Kevin Shutty, Commissioner Attorney ucf MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: October 9, 2018 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for September 2018 $ 671,841.48 Electronic Remittance Detail Macecom 9/6/18 $ 119,824.75 Mental Health 9/10/18 $ 1,196.93 Mental Health to Public Defender 9/10/18 $ 46,944.00 Current Expense to Public Health 9/17/18 $ 94,063.75 Belfair Wastewater&Water—Bond /Admin Fees 9/28/18 $ 300.00 Internal Allocation 9/18/18 $ 409,477.50 Refund Interest Earned 9/30/18 $ 34.55 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 20,815,676.11 Direct Deposit YTD Total $ 12,672,962.31 Salary Clearing YTD Total $ 13,378,614.05 Approval of Treasure Electronic Remittances YTD Total $ 7,290,395.08 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for September 2018 $ 671,841.48 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) 1 t N' � CoOffice of the Treasurer oN eo�tia a Ar 411 N. 5th, Bldg. P.O. Box 429 Shelton, Washington 98584-0429 (360) 427-9670, ext. 475 • Fax (360) 427-7267 �A ® Belfair (360) 275-4467 • Elma (360) 482-5269 �✓ Elisabeth (Lisa) Frazier, Treasurer Payment approval of Macecom: Account FUND # Remittance RECEIPT # Macecom 001.000000.300.300 $ 119,824.75 M-47447 $ 9/10/2018 Payment approval of Mental Health: Account FUND # Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 1,196.93 M-47500 $ - M- 9/10/2018 Account FUND # Remittance RECEIPT # MENTAL HEALTH164.000000.000.000 $ 46,944.00 M-47490 PUBLIC DEFENDER 001.000000.240.000 $ 46,944.00 M-47491 30-Sep-18 REFUND INTEREST EARNED Account FUND # Remiittance RECEIPT # CURRENT EXPENSE 001.000000.260.000 $ 15.30 Multiple Rec ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $3.64 Multiple Rec Veterans Assistance 190.000000.000.000 $ 0.09 Multiple Rec COUNTY ROAD 105.000000.000.000 $14.47 Multiple Rec MENTAL HEALTH 164.000000.000.000 $0.24 Multiple Rec 18-Sep-18 INTERNAL ALLOCATIONS ~ �~ Account FUND # Remiittance RECEIPT # DCD-INTERNAL ALLOCATION 001.000000.125.000 $34,739.25 M-47729 ROADS/STREETS ADMIN 105.000000.000.000 $ 161,063.75 M-47729 ELECTION EQUIPMENT 109.000000.000.000 $391.75 M-47729 CRIME VICTIMS COMPENSATION 110.000000.000.000 $1,381.50 M-47729 HOMELESSNESS PREVENTION 117.000000.000.200 $ 6,326.75 M-47729 ABATEMENT REPAIR/DEMOLITION 118.000000.000.000 $248.00 M-47729 RESERVE FOR TECHNOLOGY 119.000000.000.000 $ 537.75 M-47729 PUBLIC HEALTH/ADMIN 150.000000.100.000 $12,667.50 M-47729 PUBLIC HEALTH/NURSING 150.000000.200.000 $12,245.25 M-47729 PUBLIC HEALTH/ENVIRONMENTAL 150.000000.300.000 $ 17,312.25 M-47729 LAW LIBRARY 160.000000.000.000 $1,294.00 M-47729 LODGING(MOTEL/HOTEL TAX) 163.000000.000.000 $ 1,566.75 M-47729 MENTAL HEALTH 164.000000.000.000 $7,663.75 M-47729 MENTAL HEALTH/SUBSTANCE ABUSE 164.000000.100.000 $2,183.50 M-47729 VETERANS ASSISTANCE 190.000000.000.000 $ 3,528.25 M-47729 SKOKOMISH FLOOD ZONE 192.000000.000.000 $787.00 M-47729 MASON COUNTY LANDFILL 402.000000.000.000 $ 43,884.75 M-47729 NORTH BAY CASE INLET SEWER 403.000000.100.020 $18,864.00 M-47729 RUSTLEWOOD SEWER 411.000000.100.000 $3,004.75 M-47729 RUSTLEWOOD WATER 411.000000.200.000 $3,005.00 M-47729 BEARDS COVE WATER 412.000000.200.000 $3,015.00 M-47729 BELFAIR WASTEWATER & WATER 413.000000.000.000 $ 17,393.50 M-47729 INFORMATION TECHNOLOGY 500.000000.000.000 $11,391.00 M-47729 EQUIPMENT RENTAL & REVOLVING 501.000000.000.000 $ 44,211.25 M-47729 UNEMPLOYMENT FUND 502.000000.000.000 $771.25 M-47729 9/17/2018 Account FUND # Remiittance RECEIPT # Current Expense 001.000000.310.000 $ 94,063.75 M-47722 Public Health 150.000000.000.000 1 $94,063.75 M-47723 9/28/2018 FUND Account# Remiittance RECEIPT # Belfair Wastewater & Water -Bond/Admin Fees 413.000000.000.000. 1 300.001M-48046 Respectfully submitted by: Julie f ichert, Chief Deputy Treasurer 9/30/2018 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Bart Stepp, Deputy Director/U&W Management Action Agenda DEPARTMENT: Public Works EXT: 207 COMMISSION MEETING DATE: October 9, 2018 Agenda Item # BRIEFING DATE: October 1, 2018 BRIEFING PRESENTED BY: Bart Stepp [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Water/Wastewater Agency Response Network (WARN) Membership BACKGROUND: In the State of Washington there is a large group of utilities that are part of the Water/Wastewater Agency Response Network (WARN). It is very similar to the interlocal aid agreement that we have with the City of Bremerton, but the large amount of utilities in the group allows for assistance from many other utilities through only one agreement. I have attached a copy of the Mutual Aid and Assistance Agreement the County would need to sign along with a brochure that touches on the highlights of the program. Staff recommends joining the WARN and signing the Mutual Aid Agreement. BUDGET IMPACTS: Costs would only incur if we request assistance from a fellow agency due to an issue we are unable to handle ourselves. Costs could include payment for equipment, materials, or labor. The costs would be paid for out of the utility fund for whatever utility benefitted from the assistance. General expense funds would not be used. If we provided assistance to another utility, that utility would reimburse the Mason County our costs to provide that assistance. RECOMMENDED ACTION: Recommend the Board of Commissioners authorize the Deputy Director/Utilities and Waste Management to sign the Mutual Aid and Assistance Agreement for Washington State for Intrastate Water/Wastewater Agency Response Network (WARN). ATTACHMENT(S): Mutual Aid and Assistance Agreement Washington WARN Brochure Mutual Aid and Assistance Agreement for Washington State for Intrastate Water/Wastewater Agency Response Network (WARN) As of: 04/13/09 This Agreement ("Agreement") is made and entered into by public water and wastewater utilities that have executed this Agreement. ARTICLE I PURPOSE Recognizing that emergencies may require aid or assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatories hereby establish an Intrastate Network for Mutual Aid and Assistance (the "Network"). Through the Network, Members (as further defined in this Agreement) may coordinate response activities and share resources during emergencies. ARTICLE II DEFINITIONS A. Authorized Official — An employee or officer of a Member agency that is authorized to- 1. o:1. Request assistance; 2. Offer assistance; 3. Decline to offer assistance; 4. Decline to accept offers of assistance, and 5. Withdraw assistance under this Agreement. B. Emergency — A natural or human-caused event or circumstance causing, or imminently threatening to cause, loss of life, injury to person or property, human suffering, significant financial loss, or damage to environment. For example, Emergencies may include fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, intentional acts, sabotage and war that are, or could reasonably be beyond the capability of the services, personnel, equipment, and facilities of a Member to fully manage and mitigate by itself. C. Member — Any public agency which provides supply, transmission or distribution of water; or collection, conveyance or treatment services of storm water or waste water that executes this Agreement (individually a "Member" and collectively the "Members"). The Members are further classified as follows: 1. Requesting Member—A Member who requests aid or assistance under the Network. 2. Responding Member — A Member that responds to a request for aid or assistance under the Network. D. Period of Assistance — The period of time when a Responding Member Page 1 of 10 Mutual Aid and Assistance Agreement for Washington State WARN assists a Requesting Member in response to a Request for Assistance. The Period of Assistance commences when personnel, equipment, or supplies depart from Responding Member's facility and ends when all of the resources return to the Responding Member's facility (i.e., portal to portal). E. National Incident Management System (NIMS): The national, standardized system for incident management and response that sets uniform processes and procedures for emergency response operations. F. Associate —Any non-utility participant approved by the Statewide Committee that provides a support role for the Network (such as the State Department of Health). An Associate does not execute this Agreement. ARTICLE III ADMINISTRATION The Network is administered through Regional Committees and a Statewide Committee. A. Regional Committees. The State is divided into regions that are geographically the same as the existing Department of Health Office of Drinking Water regions of the state, with the exception that the eastern region is divided to create a central region. Each region has a Regional Committee. Each Member within a region may appoint one person to be a member of its Regional Committee. Only those Regional Committee members appointed by Members are entitled to vote on matters before the Regional Committee. An Associate may be a non-voting member of a Regional Committee. Each Regional Committee shall elect a Chair by majority vote of the voting members of that Regional Committee and shall meet annually to review the operations and procedures of the Network. B. Statewide Committee. The Chairs of the Regional Committees are the voting members of the Statewide Committee. An Associate may be a non-voting member of the Statewide Committee. Further, the Statewide Committee also may include as non-voting members representatives from the Washington State Department of Health Office of Drinking Water, Washington State Department of Ecology, Washington State Emergency Management Division, Rural Community Assistance Corporation, Evergreen Rural Water of Washington, Washington State Public Health Laboratory, EPA Region 10, Washington Association of Sewer and Water Districts, and the Washington PUD Association. Under the leadership of a Statewide Committee Chair elected by majority vote of the voting members of the Statewide Committee, the Statewide Committee shall plan and coordinate emergency planning and response activities for the Network. C. Members' administrative activities shall be voluntary and members shall not be required to finance the administration of the Network, nor shall the Network hold real or personal property. Page 2 of 10 Mutual Aid and Assistance Agreement for Washington State WARN ARTICLE IV PROCEDURES In coordination with the Regional Committees, and emergency management and public health systems of the State, the Statewide Committee shall develop and adopt operational and planning procedures for the Network that are consistent with this Agreement. The Statewide Committee shall review these procedures at least annually and shall update them as needed. ARTICLE V REQUESTS FOR ASSISTANCE A. Member Information: Promptly after executing this Agreement, the signatory Member shall deliver the following to the Statewide Committee: (1) a certified copy of the action of Member's governing body that authorized the signing of this Agreement and (2) an original signed Agreement. Each Member shall identify an Authorized Official and one alternate Authorized Official. Each Member shall provide current 24-hour contact information for its Authorized Officials to the Statewide Committee, which shall maintain a current list of all Members and the contact information for their Authorized Officials. The Statewide Committee shall provide to all Members an updated version of this list annually and whenever there is an addition or withdrawal of a Member and whenever there is a change of Authorized Officials' contact information. B. Request for Assistance. In the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from Members ("Request for Assistance"). Requests for Assistance may be made orally or in writing, provided that when a Request for Assistance is made orally, the Requesting Member shall, as soon as practicable, identify and transmit in writing the personnel, equipment and supplies requested. Requesting Members shall direct Requests for Assistance to Authorized Officials. The Statewide Committee shall provide specific protocols for Requests for Assistance as part of the procedures created pursuant to Article IV of this Agreement. C. Response to a Request for Assistance — Members are not obligated to respond to a Request for Assistance. After a Member receives a Request for Assistance, the receiving Member's Authorized Official shall evaluate whether to respond to the Request for Assistance, whether resources are available to respond, or if other circumstances would hinder response. Following the evaluation, the Authorized Official shall inform, as soon as possible, the Requesting Member whether the Member will respond to the Request for Assistance. If the Member is willing and able to provide assistance, the Member shall inform the Requesting Member of the type of available resources and the approximate arrival time of such assistance. D. Discretion of Responding Member's Authorized Official — No Member has any duty to respond to a Request for Assistance. When a Member receives a Request for Assistance, the Authorized Official shall have sole and absolute discretion Page 3 of 10 Mutual Aid and Assistance Agreement for Washington State WARN as to whether or not to respond to the Request for Assistance, and if responding in the affirmative, to determine the availability of resources to be made available to the Requesting Member. The response of a Member's Authorized Official regarding the availability of resources to a Requesting Member shall be final. E. No Liability for Failure to Respond — No Member will be liable to any other Member for deciding not to respond to a Request for Assistance or otherwise failing to respond to a Request for Assistance. All Members hereby waive all claims against all other Members arising from or relating to any Member's decision to not respond to a Request for Assistance or to any Member's failure to respond to a Request for Assistance. ARTICLE VI RESPONDING MEMBER PERSONNEL A. National Incident Management System-When providing assistance under this Agreement, the Requesting Member and Responding Member are encouraged (but are not obligated) to be organized and function under NIMS. B. Coordination and Records — Employees of the Responding Member will remain under the direction and control of the Responding Member to the fullest extent possible. The Responding Member is an independent contractor at all times. The Requesting Member's Authorized Official shall coordinate response activities with the designated supervisor(s) of the Responding Member(s). The Responding Member's designated supervisor(s) shall keep accurate records of work performed by personnel during the Period of Assistance and for the equipment and supplies provided during work. C. Food and Shelter — Whenever practical, Responding Member personnel must be self sufficient for up to seventy-two (72) hours. Whenever practical, the Requesting Member shall supply adequate food and shelter for Responding Member personnel. If the Requesting Member is unable to provide food and shelter for Responding Member personnel, the Responding Member's designated supervisor is authorized to secure the food and shelter necessary to meet the needs of its personnel. D. Communication — The Requesting Member shall provide Responding Member personnel with communications equipment as available, radio frequency information to program existing radios if appropriate, or telephone contact numbers, in order to facilitate communications with local responders and utility personnel. Each Requesting Member shall provide contact information for an individual with whom Responding Member's personnel may coordinate while en-route for access, staging instructions and other logistical requirements. E. Status - Unless otherwise provided by law, the Responding Member's officers and employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they are Page 4 of 10 Mutual Aid and Assistance Agreement for Washington State WARN normally employed. F. Licenses and Permits — To the extent permitted by law, Responding Member personnel that hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during a Period of Assistance. ARTICLE VII RIGHT TO WITHDRAW RESOURCES A. Right to Withdraw - A Responding Member may withdraw some or all of its resources at any time for any reason, as determined in the Responding Member's sole and absolute discretion. The Responding Member shall communicate written or oral notice of intention to withdraw all or some of a Responding Member's resources to the Requesting Member's Authorized Official as soon as practicable under the circumstances. To the greatest extent possible, but without limiting in any way a Responding Member's sole and absolute discretion, a Responding Member's determination to withdraw some or all of its resources provided to a Requesting Member should consider the status of the incident and incident stability, to minimize any adverse impacts from the withdrawal of resources by a Responding Member. B. No Liability for Withdrawal - No Member will be liable to any other Member for first responding to a Request for Assistance by providing resources (such as personnel, materials, and equipment) and later withdrawing or refusing to continue to provide some or all of those resources. All Members hereby waive all claims against all Members arising from or relating to such a withdrawal or refusal. ARTICLE VIII COST- REIMBURSEMENT The Requesting Member shall reimburse the Responding Member for all costs incurred by the Responding Member during a Period of Assistance, unless otherwise agreed in writing by both Members. A. Personnel — The Requesting Member shall reimburse the Responding Member for personnel costs incurred for work performed during a Period of Assistance. Responding Member personnel costs will be calculated according to the terms provided in their employment contracts, hourly rate schedules or other conditions of employment. The Responding Member's designated supervisor(s) shall keep accurate records of work performed by personnel during a Period of Assistance. The Requesting Member shall include in its reimbursement of the Responding Member all personnel costs, including salaries or hourly wages, costs for fringe benefits, and indirect costs. Unless otherwise agreed in writing, the Requesting Member shall reimburse the Responding Member for all reasonable and necessary costs associated with providing food and shelter for the Responding Member's personnel, if the food and shelter are Page 5 of 10 Mutual Aid and Assistance Agreement for Washington State WARN not provided by the Requesting Member. The Requesting Member is not required to reimburse the Responding Member for food and shelter costs in excess of State per diem rates unless the Responding Member demonstrates in writing that the excess costs were reasonable and necessary under the circumstances. B. Equipment — The Requesting Member shall reimburse the Responding Member for the use of equipment during a Period of Assistance, including, but not limited to, reasonable rental rates, all fuel, lubrication, maintenance, transportation, and loading/unloading of loaned equipment. The Requesting Member shall return all equipment to the Responding Member in good working order as soon as is practicable and reasonable under the circumstances. If equipment cannot be returned in good working order, then Requesting Member shall either provide in-kind replacement equipment to Responding Member at no cost to Responding Member or pay to Responding Member the actual replacement cost of the equipment. Reimbursement rates for equipment use will be no less than the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Member uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Member shall provide such rates orally or in writing to the Requesting Member prior to supplying the equipment. If reimbursement rates are to be different than those in the FEMA Schedule of Equipment rates, Responding Member and Requesting Member shall agree in writing on which rates will be used prior to dispatch of the equipment to the Requesting Member. Requesting Member shall reimburse for equipment not referenced on the FEMA Schedule of Equipment Rates based on actual recovery of costs. If a Responding Member is required to lease equipment while its equipment is being repaired because of damage due to use during a Period of Assistance, Requesting Member shall reimburse Responding Member for such rental costs. C. Materials and Supplies — The Requesting Member shall reimburse the Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or non-returnable supplies by the Responding Member during a Period of Assistance. The Responding Member shall not charge direct fees or rental charges to the Requesting Member for other supplies and reusable items that are returned to the Responding Member in a clean, damage-free condition. Reusable supplies that are returned to the Responding Member with damage will be treated as expendable supplies for purposes of cost reimbursement. D. Payment Period — In order to be reimbursed, the Responding Member shall provide an itemized bill to the Requesting Member no later than ninety (90) days following the end of the Period of Assistance for all expenses incurred by the Responding Member while providing assistance to a Requesting Member under this Agreement. The Responding Member may request additional time to submit the itemized bill, and Requesting Member shall not unreasonably withhold consent to such a request. The Requesting Member shall pay the itemized bill in full on or before the forty-fifth (45th) day following the billing date. The Requesting Member may request additional time to pay the itemized bill, and Responding Member shall not unreasonably withhold consent to such a request, but in no event will payment in full occur later than one year after the date a final itemized bill is submitted to the Page 6 of 10 Mutual Aid and Assistance Agreement for Washington State WARN Requesting Member. If a Responding Member disputes a portion of an itemized bill, the Requesting Member shall promptly pay those portions of the bill not under dispute, pending the resolution of the payment of the disputed portion of the bill. E. Records - Where a Responding Member provides assistance to a Requesting Member under this Agreement, both Members shall provide the other Member access to the books, documents, notes, reports, papers and other records relevant to this Agreement for the purposes of reviewing the accuracy of a cost bill or making or undergoing a financial, maintenance or regulatory audit. Both Members shall maintain these records for at least three (3) years or longer where required by law. ARTICLE IX DISPUTES NEGOTIATION Members shall first attempt to resolve any controversy, claim or other dispute arising out of or relating to this Agreement by direct negotiation. MEDIATION To the extent not resolved by direct negotiation, Members shall mediate any controversy, claim or other dispute arising out of or relating to this Agreement. Mediation is a condition precedent to arbitration. Unless the disputing Members agree otherwise, the mediation will be administered by the American Arbitration Association (AAA) under its Construction Industry Mediation Procedures. The disputing Members shall pay in equal shares the mediator's fee and any filing fees. Unless otherwise agreed by the disputing Members, the disputing Members shall (1) hold the mediation no later than thirty (30) days after a disputing Member delivers a request for mediation to the other disputing Members and (2) hold the mediation at the location of the Requesting Member. Agreements reached in mediation will be enforceable as settlement agreements. ARBITRATION To the extent not resolved by mediation, Members shall arbitrate all controversies, claims and other disputes arising out of or relating to this Agreement. Unless the disputing Members agree otherwise, the arbitration will be administered by the AAA in accordance with its Construction Industry Arbitration Rules in effect on the date a disputing Member makes a demand for arbitration. A disputing Member may make a demand for arbitration before negotiation or mediation if it appears that a claim might be barred by a statute of limitations if the demand were made after the negotiation or mediation. However, in such a case the arbitration will be stayed until the conclusion of negotiation and mediation. The decision and award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Page 7 of 10 Mutual Aid and Assistance Agreement for Washington State WARN ARTICLE X DUTY TO INDEMNIFY To the extent of its fault, a Member shall defend, indemnify, and hold harmless all other Members, their elected officials, Authorized Officials, officers, employees and agents from any and all costs, claims, judgments, losses, awards of damage, injury, death and liability of every kind, nature and description, including the reasonable cost of defense and attorneys' fees, directly or indirectly arising from or relating to this Agreement (collectively, "Indemnified Claims"). This indemnity obligation extends to all Indemnified Claims against a Member by an employee or former employee of another Member, and for this purpose, by mutual negotiation, each Member hereby expressly waives, with respect to each other Member only, all immunity and limitation under any applicable industrial insurance act, including Title 51 of the Revised Code of Washington, other worker compensation acts, disability benefit acts or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of Indemnified Claims. ARTICLE XI WORKER'S COMPENSATION AND SITE CONDITIONS The Responding Member is responsible for providing worker's compensation benefits and administering worker's compensation for its employees. The Requesting Member is responsible for providing worker's compensation benefits and administering worker's compensation for its employees. Each Member shall promptly identify to the other Members concerns about site safety, environmental concerns, and other working conditions. The Safety Officer appointed within the Incident Command System during the Period of Assistance shall address specific safety conditions and mitigations. ARTICLE XII NOTICE Unless otherwise provided in this Agreement, all notices must be in writing. Notice to a Member must be delivered to the Member's Authorized Official. ARTICLE XIII EFFECTIVE DATE This Agreement shall be effective with respect to each Member when that Member's authorized representative executes the Agreement. The Statewide Committee shall maintain a master list of all Members. ARTICLE XIV WITHDRAWAL Page 8 of 10 Mutual Aid and Assistance Agreement for Washington State WARN A Member may withdraw from this Agreement at any time by providing to the Statewide Committee Chair written notice of withdrawal signed by the withdrawing Member's Authorized Official or other person authorized by the withdrawing Member's governing body. Any withdrawal will be effective upon receipt by the Statewide Committee Chair of the notice of intent to withdraw. If there is no Statewide Committee Chair, the withdrawing Member shall provide written notice to each Member in its region, and the withdrawal will be effective upon delivery of those notices. Once withdrawal from this Agreement is effective, the withdrawing Member will have no further obligations under this Agreement, except that withdrawal from this Agreement will not affect any indemnification or reimbursement obligation under this Agreement that arises prior to the effective date of the withdrawal. ARTICLE XV TERMINATION This Agreement shall terminate in its entirety when there are less than two Members. Termination of this Agreement will not affect any indemnification or reimbursement obligation under this Agreement arising prior to the termination. The Statewide Committee Chair shall provide written notice of termination to all remaining Members of the Agreement. ARTICLE XVI AMENDMENT This Agreement may be amended if, after written notice of a proposed amendment to all Members, the proposed amendment is approved by a majority of Members in each region. The Statewide Committee Chair shall provide written notice to all Members of approved amendments. Approved amendments will take effect sixty (60) days after the date the notice is sent to the Members. ARTICLE XVII SEVERABILITY The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. ARTICLE XVIII PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES Notwithstanding rights of subrogation asserted by a Member's insurance provider, this Agreement is for the sole benefit of the Members and no other person or entity shall have any rights under this Agreement as a third party beneficiary nor shall any Member owe duty to a third party not a signatory of this Agreement by virtue of this Agreement. Assignments of benefits and delegations of duties created by this Page 9 of 10 Mutual Aid and Assistance Agreement for Washington State WARN Agreement are prohibited and of no effect. ARTICLE XIX GOVERNING LAW This Agreement is governed by the law of the State of Washington, specifically RCW 39.34, Interlocal Cooperation Act. ARTICLE XX EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same Agreement. The water and wastewater utility listed below executed this Agreement on this day of 201 . Water/Wastewater Utility: By: By: Title: Title Please Print Name Please Print Name Approved as to form By: Attorney for Member Please Print Name Page 10 of 10 Mutual Aid and Assistance Agreement for Washington State WARN For more information: 0 T 00 State WARN Chair . . Washington Dave Brown WARN (509) 575-6154 CO . . . • .. . cn .. +►- } �, Washington's Water/Wastewater �- �� � Agency Response r n F 1 WARN : Utilities Helping Utilities What is WARN? Are member utilities require to respond How is WARN WARN is a Water/Wastewater Agency and send resources? different from an s Response Network that allows water and There is no obligation to respond. It is up to existing statewide wastewater systems to receive rapid mutual the lending utility to determine if resources mutual aid aid and assistance from other systems in are available. program managed an emergency. Utilities sign the WARN by emergency . _ -•� '`" standard agreement which then allows them What role does the Agreement play? management? Y : 1 to share resources with any other system During an emergency, the process and WARN in Washington that has also signed the procedures to give and receive assistance agreements do * . agreement. are governed by articles in the WARN not require a How does a utility agreement. The agreement covers issues local declaration get assistance such as requesting assistance, giving of emergency. duringan - assistance, reimbursement, workers' Statewide "f emergency? compensation, insurance, liability, and programs do not Milli • The WARN dispute resolution. include private member who utilities; WARN ��- needs help agreements do identifies the Statewide -- resources needed 1agreements are b mana ed the to respond. LQS�� g y • The WARN C state emergency • member can h-r�'��gA �.,; ._ �� age management WARN either directly contact a fellow is managed by WARN member utilities. r t ;, who has the necessary resources or use a state specific FWhate the benefits of WARN? process of e is no cost to participate and it's voluntary. requesting aid. ases emergency preparedness and coordination. des a single agreement to access resources statewide. agreement contains provisions to protect participating utilities. agreement also provides for cost reimbursement. private and public utilities may participate. ' MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, PE, Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 9, 2018 Agenda Item # $. BRIEFING DATE: October 1, 2018 BRIEFING PRESENTED BY: Jerry Hauth and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Adopt-A-Road Agreement— Kim Delany and Family BACKGROUND: The Delany Family has submitted an application and a signed agreement to pick up roadside litter. Public Works recommends approval and execution of an Adopt-A-Road Agreement with Kim Delany and Family. Chapter 12.48 of the Mason County code establishes an Adopt-A-Road litter control program allowing volunteers to pick up roadside litter. An application and signed agreement have been submitted by Kim Delany and Family. The authorized volunteer representatives are Kim Delany and David Cocchi. It has been determined that the organization is eligible to participate in the program. Public Works Transportation Technician, Tim Rhoades, met with volunteers on September 21, 2018 to go over risks, responsibilities, safety rules and answer any questions. The Agreement is for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the Agreement. Public Works agrees to furnish and pick up trash bags, provide safety materials and training aids, along with other provisions spelled out in the Agreement. Pick up and disposal of the trash happens under the Community Litter Cleanup program overseen by the Sheriff's office. RECOMMENDED ACTION: Recommend the Board authorize the Chair to execute the Adopt-A-Road Agreement between Mason County and Kim Delany and Family. ATTACHMENT(S): Application & Agreement Map c i APPENDIX 1 Date Application Received To be filled in by County ADOPT-A-ROAD APPLICATION Tl/!" ��ElCrrr7 - i�ncc / v ve S9 Z Name of Volunteer Orgainizallon Mailing Address, City, State, ZIP Code List the sections of road you are interested in cleaning in order of preference: Road Name Vicinity / Ac'c e aC / /?I��� To �, aT a"7er- Ek7 -(f Road ame Vicinity 3. Road Name Vicinity Sections of County road are assigned on a safety and first-come, first-serve basis. If the sections your group have identified above are not available the Mason County Pubfic Works Department will suggest other alternatives. Volunteer Organization Representatives: Gyrr ' �l�G�' Jam' �elZcn Signature: Representative Name of Representative (P or Type) 9 /w SW'4 9458 y Mailing Address, City, St6te, Zip Code 360 —Z00 —2L&60ycCzm e Day phone number Evening phone number Za6ll�-1 coerlit - race'4 of Signature:Representative#2 Name of Representative (Print or Type) 3660 -333 -6176, 'S-am(2 Day phone number Evening phone number Return this application to: Adopt-A-Road Coordinator Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 5 i ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this day and between Mason County,a municipal subdivision of the State of Washington herein known as the"County" and /11"17 ,� ;a volunteer organization herein known as the "Gran "- 5 We- &F e-)14-5H Whereas,the County has the authority to establish a Countywide Adopt A Road Lifter Control Program (Adopt-A-Road Program) pursuant to RCW 47.40; and Whereas the Grantee wishes to contribute toward the effort to reduce roadside fitter by volunteering to assist in picking up litter on the section of road specified herein; Now,therefore,the County does hereby authorize the Grantee to participate in the Adopt-A-Road Program by picking fitter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree. 1. To conduct clean up activities in a safe manner and under any conditions as may be required by the County for the safety of the participants. Safety of participants is the number one priority of the program, and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew, and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up litter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommended interval for cleanup is once every three months.. 4. To fumish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more the ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on the County road shoulder within the assigned area during a cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned area.) All parldng of vehicles shall be in compliance with State law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall fumish supervision by one more adults for every eight (8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. 6 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 2 of 4 8. To conduct a yearly safety training session for volunteers utilizing materials and training aids provided by the County prior to participating in a roadside cleanup. 9. Provide supplies and materials from Mason County Building I during regular business hours at the address shown on page 4 of this agreement 10. To place filled trash bags at the County road shoulder for pickup and disposal by the County and notify the County at the time of cleanup to'coordinate the pickup time and locations. 11. To notify the County immediately in the event of any emergency on County road right-of-way. Participants who find anything that is hazardous or suspected to be hazardous shall not touch, but take appropriate precautions flag it and leave it for disposal by the proper authorities. Participants shall also not pick up syringes, hypodermic needles,or exceptionally large, heavy or unyielding objects. These kinds of materials should be flagged and the County notified as soon as possible to arrange for proper disposal. 12. Cleanups shall not be scheduled during a legal holiday,during the afternoon on the day before a legal holiday, or during holiday weekends. 13. To provide the County a roster(Medical Aid Coverage Record)of individual participants in the cleanup within seven(T)calendar days following the cleanup activity. 14. To report any injuries,incurred by participants during cleanup activities,to the County,within two (2) working days of the injury. Notification shall include: o Name of injured person o Nature of injury o Date and time of injury o How the injury occurred 15. Furnish to the County an"Adopt-A-Road Registration Form"for each of the participants taking part in fitter pickup activities. 16. It is recommended that the Grantee have a first aid kit available at the cleanup site,and at least one person with a valid First Aid Card be present during cleanup activities. i B. The Countv does hereby agree to: f I 1. To designate a program administrator to act as a contact person for this agreement 2. To furnish and install a maximum of two (2)Adopt-A-Road signs with the Grantee name and/or acronym displayed within the assigned area. i 3. Fumish the Grantee with trash bags. i 4. Remove the filled trash bags from County road shoulder upon notification by Grantee. I t • i 7 i i ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5. Assist the Grantee,in cleaning up litter if necessary(.e.,when large,heavy,or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To furnish a portable"Volunteer titter Crew Ahead" advanced warning sign and stand,and make available hard hats,safety vests for all participants,and other equipment as deemed necessary (a deposit may be necessary). C. General Conditions: 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. ! ! 2. The County may suspend this agreement temporarily because of future construction that will take i place within the limits of the assigned area. Once these have been completed,the Grantee will be notified and the agreement restored. ! 3. The terms of this agreement shall commence on the date of execution indicated below,and shall end on the date of termination unless terminated by the County, or the Grantee on 30 days ' notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. i } t I i 8 I I ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 4 of 4 F ED ROAD SECTION: s Office Use Only � �� �4` From 3 to Side of roadway: North South East West (Circle assigned side/s) Date of Execution: Date of Termination:January 31. Name of Volunteer OrganizatieK Mailing Address, City, Sta e,ZIP Code -� Signature: Representa- 1 Name of Representative( nt or Type) Mailing Address, City, Sta e,Zip Code o Representative#1 3bo -ZYU '-Zlal�o ane Day phone number Evening phone number Signature: Representative#2 Name of Representative(Print or Type) &'-/ E. Li zz •�-n SLie �4 98S�Y Mailing Address, City, S ate,Zip Code of Representa• e#2 3&0 -333 -0174, ��sne Day phone number Evening phone number Chairman of the.Board, Mason County Return To: Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 9 Adopt-A-Road - Kim Delany and Family F2.50 2.60 2.70 2.80 2.90 3.00 3.10 3.20 3.30 3.50 3.60 70 aaoo K M, 't h eAi r a rn o 0 0 0 0 M M a � Q O V a N N LO N I , I � I I I I I I I E AGATE ROAD I MP 3.83 - MP 4.83 I i � Adopt-A-Road County Mileposts N I � Private Road u s Sources: E County Road s TornTorn, 1 ©OpenS`treetMap(and) Communit L----------------contributors. CC-BY-SA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, PE, Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 9, 2018 Agenda Item # g S BRIEFING DATE: October 1, 2018 BRIEFING PRESENTED BY: Jerry Hauth and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Right of Way Acquisition Procedures for Public Works Projects BACKGROUND: Mason County is required by the Washington State Department of Transportation (WSDOT) to adopt written procedures that pledge the County to acquire real property and rights of way in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (RCW 8.26), state regulations (WAC 468-100) and applicable federal regulations. Mason County Board of County Commissioners adopted the current Right of Way Acquisition Procedures for Public Works Projects January 7, 2014 (Resolution 01-14). Public Works wishes to update the procedures reflecting changes in personnel and utilizing the most current WSDOT forms. The new procedures have been reviewed by WSDOT and consist of the following documents: ■ ROW Acquisition Procedures (LPA001) ■ Appraisal Waiver Procedures (LPA003) • Administrative Settlement Policy ■ ROW Qualifications A resolution replacing Resolution 01-14 is attached. RECOMMENDED ACTION: Recommend the Board of County Commissioners approve the resolution adopting the updated Real Property and Right of Way Acquisition Procedure for Public Works Projects replacing those found in Resolution 01-14 and the Chair and County Engineer to sign the procedures. ATTACHMENT(S): Resolution Updated Right of Way Procedures RESOLUTION NO. REPLACING RESOLUTION 01-14 UPDATING THE REAL PROPERTY ACQUISITION PROCEDURES FOR PUBLIC WORKS PROJECTS WHEREAS, The Mason County Department of Public Works engages in projects designed to improve the County's transportation infrastructure; and WHEREAS, said projects frequently require securing property rights and acquisition of additional right of way from abutting property owners; and WHEREAS, certain federal and state laws and regulations set forth procedures for the acquisition of real property, including rights of way; and WHEREAS, the Board of County Commissioners finds that adherence to said laws and regulations in all real property and right of way acquisition activities of County staff is appropriate and required; and WHEREAS, Resolution 01-14, approved January 7, 2013 adopted the County Real Property and Right of Way Acquisition Procedures; and WHEREAS, it is timely to update these procedures to reflect changes to personnel and implement current WSDOT form. NOW, THEREFORE, BE IT RESOLVED by the Mason County Board of Commissioners that Real Property Acquisition Procedures for Public Works Projects found in Exhibit A, attached hereto, are hereby adopted and mandated for use by Public Works staff in connection with all transportation improvement projects and other activities in pursuit of the Public Works mission; and NOW THEREFORE, BE IT FURTHER RESOLVED that the Real Property and Right of Way Acquisition procedures found in Mason County Resolution 01-14 are hereby replaced. DATED this day of 12018. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Terri Jeffreys, Vice Chair Tim Whitehead, Chief DPA Kevin Shutty, Commissioner Exhibit A - Right of Way Procedures for Public Works Projects The County of Mason, hereinafter referred to as "AGENCY", desiring to acquire real property (obtain an interest in, and possession of, real property) in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state regulations (Ch. 468-100 WAC) hereby adopts the following procedures to implement the above statutes and Washington Administrative Code.The AGENCY is responsible for the real property acquisition and relocation activities on projects administered by the AGENCY. To fulfill the above requirements the AGENCY will acquire right-of-way (ROW) in accordance with the policies set forth in the Right of Way Manual M 26-01 and Local Agency Guidelines. The AGENCY has the following expertise and personnel capabilities to accomplish these functions: 1. The following relate to the AGENCY's request. a. Below is a list of responsible AGENCY individual names and positions, for which the AGENCY has qualified staff to perform the specific right-of-way function(s). Attached are resumes for each individual AGENCY staff listed to perform those functions below, and a brief summary of their qualifications pertaining to the specific ROW function(s) for which they are listed. The procedures shall be updated whenever staffing changes occur. The AGENCY will be approved to acquire based upon staff qualifications. i. PROGRAM ADMINISTRATION : Oversee delivery of the R/W Program on federal aid projects for the agency. Ensures R/W functions are carried out in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Ensures agency's approved R/W Procedures are current, including staff qualifications, and provides copies to consultants and agency staff; • Oversight of ROW consultants; o use of consultant contract approved by WSDOT o management of ROW contracts o management of ROW files o reviews and approves actions and decisions recommended by consultants o Overall responsibility for decisions that are outside the purview of consultant functions • Sets Just Compensation prior to offers being made; • Approves administrative offer summaries per policy; • Ensure agency has a relocation appeal process in place prior to starting relocation activities; • Oversight of Administrative Settlements; • Obligation authority for their agency; • Obtain permits(Non-Uniform Relocation Act(URA)); • Ensures there is a separation of functions to avoid conflicts of interest. • Verifies whether or not ROW is needed, and that the property rights and/or interests needed are sufficient to construct,operate and maintain the proposed projects(see Appendix 25.176). Jerry W. Hauth, PE, Director/Acting County Engineer LPA-001 Right of Way Procedures Pagel of 4 Revised 1212017 ii. APPRAISAL Prepare and deliver appraisals on federal aid projects for the agency. Ensures that appraisals are consistent and in compliance with state and federal laws, regulations, policies and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal work; • Use appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff; • Prepare Project Funding Estimates(PFE)or,when applicable,True Cost Estimates (TCE); • Prepare Administrative Offer Summaries(AOS or Appraisal Waiver); • Obtain specialist reports; • Coordinate with engineering, program administration,acquisition, relocation,and/or property management as necessary. No qualified staff iii. APPRAISAL REVIEW: Review appraisals on federal aid projects for the agency to make sure they are adequate, reliable, and have reasonable supporting data, and approve appraisal reports. Ensures appraisals are adequately supported and represent fair market value and applicable costs to cure and are completed in compliance with state and federal laws, regulations, policies and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal review work; • Use review appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff; • Ensures project wide consistency in approaches to value, use of market data and costs to cure; • Coordinate with engineering, program administration,acquisition, relocation,and/or property management as necessary. No qualified staff iv. ACQUISITION: Acquire,through negotiation with property owners, real property or real property interests (rights) on federal aid projects for the agency. Ensures acquisitions are completed in compliance with federal and state laws, regulations, and policies and procedures. Responsibilities/Expectations: • Use only qualified staff to perform acquisition activities for real property or real property interests, including donations; • To avoid a conflict of interest,when the acquisition function prepares an AOS,only acquires property valued at$10,000 or less; • Provide and maintain a comprehensive written account of acquisition activities for each parcel; • Prepare administrative settlement justification and obtain approval; • Prepare Project Funding Estimates(PFE)or,when applicable,True Cost Estimates(TCE); LPA-001 Right of Way Procedures Page 2 of 4 Revised 1212017 • Prepare Administrative Offer Summaries (AOS or Appraisal Waiver); • Review title,and recommend and obtain approval for acceptance of encumbrances; • Ensure acquisition documents are consistent with ROW plans,valuation,and title reports; • Provide a negotiator disclaimer; • Coordinate with engineering, program administration, appraisal, relocation, and/or property management as necessary; • Maintain a complete,well organized parcel file for each acquisition. Phil Franklin, ROW Agent V. RELOCATION: Provide relocation assistance to occupants of property considered displaced by a federally funded projects for the agency. Ensures relocations are completed in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Prepare and obtain approval of relocation plan prior to starting relocation activities; • Confirm relocation appeal procedure is in place; • Provide required notices and advisory services; • Make calculations and provide recommendations for agency approving authority prior to making payment; • Provide and maintain a comprehensive written account of relocation activities for each parcel; • Coordinate with engineering, program administration, appraisal, acquisition,and/or property management as necessary; • Maintain a complete,well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the ROW. No qualified staff vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure control and administration of ROW, excess lands, and improvements acquired on federal aid projects for the agency. Ensures property management activities are completed in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Account for use of proceeds from the sale/lease of property acquired with federal funds on other title 23 eligible activities; • Keep R/W free of encroachments; • Obtain WSDOT/FHWA approval for change in access control along interstate; • Maintain property records; • Coordinate with engineering, program administration,appraisal, acquisition, and/or property management as necessary; • Maintain a complete,well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the ROW. LPA-001 Right of Way Procedures Page 3 of 4 Revised 1212017 Phil Franklin, ROW Agent b. Any functions for which the AGENCY does not have qualified staff,the Agency will contract with another local agency with approved procedures, an outside contractor, or the Washington State Department of Transportation (WSDOT). An AGENCY that proposes to use outside contractors for any of the above functions will need to work closely with the WSDOT Local Agency Coordinator(LAC) and Local Programs to ensure all requirements are met. When the AGENCY proposes to have a staff person approved to negotiate who is not experienced in negotiation for FHWA funded projects, the LAC must be given a reasonable opportunity to review all offers and supporting data before they are presented to the property owners. c. The AGENCY wishes to take advantage of an Appraisal Waiver (aka Administrative Offer Summary or AOS) procedure on properties valued up to $25,000 or less and outlined in the attached form LPA-003. d. Attached is a copy of the AGENCY's administrative settlement procedure showing the approving authority(s) and the procedure involved in making administrative settlements. 2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, right-of-way and construction stages, and for a three year period following acceptance of the projects by WSDOT. 3. Approval of the AGENCY's procedures by WSDOT may be rescinded at any time the AGENCY is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may be applied to all or part of the functions approved. Chair Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-001 Right of Way Procedures Page 4 of 4 Revised 1212017 WAIVER OF APPRAISAL PROCEDURE The County of Mason, hereinafter referred to as "AGENCY", desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, and desiring to take advantage of the $25,000.00 appraisal waiver process approved by the Federal Highway Administration (FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation (WSDOT) as follows: Rules A. The AGENCY may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the Project Funding Estimate (PFE) is $25,000.00 or less including cost-to cure items. A True Cost Estimate shall not be used with this procedure. B. The AGENCY must make the property owner(s) aware that an appraisal has not been completed on the property for offers $10,000 or less. C. The AGENCY must make the property owner(s) aware that an appraisal has not been completed on the property for offers over$10,000 and up to $25,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in the preparation of the waiver. As no review is mandated,the preparer needs to assure that the compensation is fair and that all the calculations are correct. Procedures A. An Administrative Offer Summary (AOS) is prepared using data from the PFE. B. The AOS is submitted to the Director or County Engineer for approval. C. The Director or County Engineer signs the AOS authorizing a first offer to the property owner(s). APPROVED: AGENCY By: Director/Acting County Engineer Local Programs Right of Way Mason County Public Works Manager LPA-003 10/2014 ADMINISTRATIVE SETTLEMENT POLICY The County of Mason, hereinafter referred to as "AGENCY", desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, hereby specifies the AGENCY'S administrative settlement policy and approving authorities for making administrative settlements. Administrative settlements are occasionally required in addition to just compensation in order to acquire needed right of way through negotiation. These administrative settlements can help eliminate costly condemnation litigation and project construction schedule delays. The Project Parcel Negotiation Diary shall contain the background leading to the need for an administrative settlement and a memo to the file shall be prepared detailing the rationale and justification. The level of authority to offer administrative settlements is as follows: ■ Acquisition Negotiator-Just compensation plus up to an additional$5000.00. ■ Engineering and Construction Manager-Just compensation plus up to an additional$10,000.00. ■ Public Works Director or Deputy Director/County Engineer-Just Compensation plus up to an additional$25,000.00. ■ Mason County Board of County Commissioners,Chair-Just Compensation plus any administrative settlement offer in excess of$25,000.00. Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Jerry W. Hauth, PE Education BSCE University of Washington 1974 Experience Nearly 50 years of industry experience which includes: overseeing the securing of necessary property rights for numerous road, bridge, utility and related public infrastructure projects; and ensuring Federal and State compliance with ROW acquisition procedures. Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Phillip Franklin Education Bachelor of Science, Pacific Lutheran University Certificate,Trend Business College Experience State Certified Appraiser (#0057)for 28 plus years Attended and passed USPAP 1997 and update class in 2007 LTAP Training Diary Entries (on-line) Administrative Settlement (on-line) No ROW Certification (4/18/2017 webinar) FHWA/WSDOT (4/19/17 WSDOT Administrative Settlement) Acquisition Under the Uniform Act (6/12/17 webinar) Local Agency Row Meeting (6/28/17) NEPA& ROW Integration (8/14&15/2017 seminar) IRWA Eminent Domain Mock-Trial (9/28/17 seminar) ROW: Local Agency Row Meeting (5/15/2018 Appraisal of TCE (9/10/2018 seminar) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, P.E., Director/County Engineer Action Agenda Loretta Swanson, Technical Services Manager DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 9, 2018 Agenda Item # BRIEFING DATE: October 1, 2018 BRIEFING PRESENTED BY: Jerry Hauth and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Set Hearings - 2019 Annual Construction Program and 6-Year TIP EXECUTIVE SUMMARY: Public Works presented the 6—Year Transportation Improvement Plan for years 2019 — 2024 to the Board on October 1, 2018 along with the 2019 Annual Construction Program. The citizen advisory panel, TIP-CAP, also presented their recommendation to approve the proposed TIP and construction program. Public Works requests the Board set two hearings to consider adoption, with one proposed change: 1. The addition of CRP 2009 (Belfair Area Sidewalks) in the event construction is not completed in 2018. Annual 2019 construction expenditures are planned to be $6.58 million of which $3.66 will come from the Road Fund and $2.92 from outside sources. County forces will be used to construct approximately $690,000 of the annual construction program, which is well under the computed limit of $1,270,000. The Revenue/Expenditure analysis for 2019 — 2024 reveals projects planned for years 4 — 6 of the TIP will need to be delayed unless additional revenues are secured. The analysis assumes no additional road fund diversion or levy shift. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set two hearings for November 6, 2018 at 9:30 am to consider the 2019 Annual Construction program and 6-Year TIP. Attachments: Draft 2019 Annual DRAFT 6-Year TIP (2019-2024) Revenue and Expenditure Analysis (2019-2024) Notice DRAFT-ANNUAL CONSTRUCTION PROGRAM FOR 2019-DRAFT TOTAL$'S COUNTY>> MASON A TOTAL COSTRUCTION DONE-columns(13)+(14) $ 4,875,000 DATE RECOMMENDED PROG.SUBMITTED B COMPUTED COUNTY FORCES LIMIT $ 1,270,108 DATE OF FINAL ADOPTION C TOTAL COUNTY FORCES CONSTRUCTION-(column(14) $ 690,000 ORDINANCE/RESOLUTION NO. DATE OF AMENDMENT DRAFT DATE 9/24/2018 (1) (2) 3 (4) (5) (6) (7) (8) 1 (9) 1 (10) (11) (12) (13) (14) (15) zo f - G = o F r SOURCES OF FUNDS ESTIMATED EXPENDITURES o zz a2 a �- ROAD SEGMENT INFORMATION w i f OTHER FUNDS CONSTRUCTION Z PROJECT NAME > Z w a W w z N COUNTY PE&CE RIGHT OF WAY GRAND TOTAL G 55 ROAD PROGRAM COUNTY a ~ 0 (Mile: O Z a FUNDS AMOUNT SOURCE (595.10) (595.20) CONTRACT FORCES (ALL 595) ROAD# ROAD NAME BMP EMP FFC I a OS Programmatk Plewletio,-HMA Overlays Venous 07/06 2.75 HMA E 325,000 70,000 STP 1 135.000 0 890,000 0 1.025,000 02 Programmak Safety Various SAFETY E 125,000 0 20,000 5,000 50,000 50,000 125,000 03 Programm.k Culvert Repair/Raplaoamant Various DR,FP 1 200,000 0 4,000 101000 0 150,000 20,000 04 County-Wide Small Capital Projects Venous Othr E 100,000 0 1,000 S. 45,000 401000 100,000 05 Bear Creak D-atto Rd Clear Zone 79800 Bear Creek D-Road 5.20 6.70 07 1.50 1 SAFETY E 330,000 240,000 HSIP 6,000 10,000 500,000 0 570,000 06 Highland Rd Culvert Rplacamant 04450 Highland Road IAO 1.50 07 0.10 DR,FP 1 410, 30,OD0 RAP 50,000 loOD)l 650,000 0 710,000 07 Deegan Rd West CuNert Replacement 06110 Deegan Road West 2.30 2.40 09 0.10 DR,FP 1 50,000 30,000 FBR9 40,000 10,000 50,000 250,000 350,000 06 Shekon Valley Rd Culvert Replacamem 05930 Shehon Vail"Road 2.10 2.20 OB 0.10 DR,FP 1 50,000 200,000 SF8D 40,000 10.000 0 200.000 250,000 09 Tnih Rd-Repel, 62310 Tralk Road 0.00 1.50 07 1.50 Other 1 30,000 0 300,000 0 0 0 300,000 10 Belfair Connector-Romance Hill 89500 Romance Hill ow 09 Other S 25,000 0 20,000 50,0001 0 0 250,003 11 Skokomish Valley Rd Reconstruction 41640 Skokomhh Valley Road 3.80 4.60 08 0.80 3R s 10,000 0 100,003 0 0 0 100,000 12 satsop Clo4w1lum Mitigation 02OW Satsop Opewllum Road 7.70 7.70 OB 0.01 ENV E 28,750 202,250 FEMA 3,000 0 200,000 0 23,00D 13 Stilton Mail.&Rd Cuhrert Rplaoment 90100 Shelton Metlook Road 8.03 8.10 07 0.10 DR,FP 1 6.000 54,000 RAP 6,000 0 0 0 60,030 14 North Shore Rd-Cady Geek Cid-Replacement 70390 North Shore Road 6.90 7.00 OB 0.10 DR,FP 1 60000 54,000 RAP 6,000 0 0 0 60,000 IS North Island Or CuWert Replacement 39630 North Island Drive 3.46 3.47 07 0.01 DR,FP I 8.000 72,030 RAP 80,000 0 0 0 80,000 16 Homer Adams Rd Cul-ftpl-em 00610 Homer Adams Road 0.10 0.20 09 0.10 DR,FP 1 30,000 0 30,1700 0 0 0 30,000 17 Logyard Rd W Freight Upgrade Logyard Road Other 1 4,000 0 40,000 0 01 0 40,000 18 Matlock-Brady Realignment 90100 Matlock-Brady Road 26.30 27.40 07 1.10 3R I 1,200,000 800.000 RAP 200,000 0 1,800,0000 2,000,000 19 Ba NW Area Sidewalks-Old Belfalr Highway 98250 Ole 9alfair Highway 0.00 0.10 07 0.10 Celia, I 103,003 $,000 0 95,000 0 IW,000 PAGE/PROGRAM TOTALS,CONSTRUCTION 3,658,750 2,921,250 1,495,000 110,000 4,185,000 690,000 6,580,000 CRAB FORM#3,MC REVISED 10/3/2018 l Six Year Transportation Improvement Program From 2019 to 2024 Agency: Mason County Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification Pro ect Costs in Thousands of Dollars Federally Funded m A. Federal Aid No. B. Bridge No. or, Fund Source Information Expenditure Schedule Projects Only a .c E C. Project Title m Federal FundingR/W —.c D. Street/Road Name of Number .o r Phase federal Federal State 41h Required u. a Z E. Beginning MP or road-Ending MP or road o o-a Start Fund Cost by Fund State Local Total 1st 2nd 3rd lhru Envir Type Date F. Describe Work to be Done ~ mm/dd/ Code Phase Source Funds Funds Funds 6th mM 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Various PE 1/1/2018 STP 26 4 30 30 60 60 180 Programmatic Preservation-HMA Overlays RW 07 Rd.No.: Various CN 6/1/2019 STP 674 321 995 995 825 825 2475 N/A 08 1 From: MP Var To: MP Var 3.55 E Total 2019 Project Cost $1,025,000 TOTALS 700 325 1025 1025 885 885 2655 PE 20 20 20 20 20 60 07 Programmatic Safety RW 5 5 5 5 5 15 08 2 Rd.No.: Various CN 100 100 100 100 100 300 DCE 09 From:Various To: Various Clear Zone Project Total 2019 Project Cost $125,000 TOTALS 125 125 125 125 125 375 PE 40 40 40 40 40 120 07 Programmatic Culvert Repair/Replacement RW 10 10 10 10 10 30 08 3 __ CN 150 150 150 150 150 450 DCE 09 Total 2019 Project Cost $200,000 TOTALS 200 200 200 200 200 600 PE 10 10 10 10 10 30 07 County-Wide Small Capital Projects RW 5 5 5 5 5 15 08 4 CN BS 85 85 85 85 255 DCE 09 Total 2019 Project Cost $100,000 TOTALS 100 100 100 100 100 300 CRP 2006 PE 1/1/2015 HSIP 18 2 20 20 Bear Creek Dewatto Road Clear Zone RW 9/1/2018 HSIP 10 10 10 07 5 Rd.No.: 79800 1.50 CN 3/1/2019 HSIP 222 318 540 540 DCE 2/19 From: MP 5.2 To: MP 6.7 Clear Zone Project Total 2019 Pro ect Cost $570,000 TOTALS HSIP 240 330 570 570 CRP 1994 PE 1/1/2018 RATA 9 1 10 10 Highland Road Culvert Replacement RW 1/1/2019 10 10 10 Rd.No.: 04450 CN 7/1/2019 RATA 300 390 690 690 08 6 From: MP 1.47 To: MP 1.47 2/19 Replace existing culvert with a new structure Total 2019 Project Cost $710,000 1TOTALS 309 401 710 710 CRP 2014 PE 7/1/2018 FBRB 40 40 40 Deegan Road West Culvert Replacement RW 11/1/2018 10 10 10 Rd No.:06110 ___ CN 7/1/2019 FBRB 300 300 300 09 7 From MP 2.37 To:MP 2.37 2/19 Replace existing culvert with a new structure Total 2019 Project Cost $350,000 TOTALS 340 10 350 350 Phase Fundino PE-Preliminary Engineering STP-Surface Transportation Program RW-Right of Way HSIP-Highway Safety Improvement Program CN-Construction RATA-Rural Arterial Trust Account BRAC-Bridge Replacement Advisory Committee TP-Transportation Partnerships TAP-Transportation Alternatives Program Page 1 of 4 Six Year Transportation Improvement Program From 2019 to 2024 Agency: Mason County Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification t Project Costs in Thousands of Dollars Federally Funded m DA. Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule Project s Onl u _ E C. Project Title .1N Federal Fundin RAN .oc D. Street/Road Name of Number m i5 t Phase Federal Federal State 4th Required u_ a Z E. Beginning MP or road-Ending MP or road o a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd lhru Envir Type Date F. Describe Work to be Done ~ (mm/dd/ Code Phase Source Funds Funds Funds 6th mM 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CRP 2015 PE 7/1/2018 FBRB 40 40 40 Shelton Valley Road Culvert Replacement RW 11/1/2018 10 10 10 08 8 Rd No.:05930 CN 7/1/2019 FBRB 200 200 200 2119 From MP 2.13 To:MP 2.13 Replace existing culvert with a new structure Total 2019 Project Cost $250,000 TOTALS 240 10 250 250 PE 10/1/2018 300 300 300 100 Trails Road-Repairs RW 10/1/2019 50 07 9 Rd.No.:62310 040 CN 3/1/2020 From: MP 0.0 To: MP 1.6 Slope Stabilization and Curve Realignment Total 2019 Project Cost $300,000 TOTALS 300 300 300 150 PE 200 200 200 200 Belfair Connector-Romance Hill RW so 50 50 50 09 10 Rd.No.: 86500 _ CN 1500 From: SR 3 To: Belfair Freight Corridor New Construction Total 2019 Project Cost $250,000 TOTALS 250 250 250 250 1500 PE 1/1/2018 FbD 100 100 100 Skokomish Valley Road Reconstruction RW 411/2019 Rd.No.:41640 CN 3/1/2021 FLAP 1600 08 11 From: MP 3.8 To: MP 4.6 0'40 Slope Stabilization and Curve Realignment Tolal 2019 Project Cost $100,000 TOTALS 100 100 100 1600 PE 250 200 Trails Road Alternate Route-Rasor Road RW 125 12 Rd.No.:62310 _ CN 14000 From: MP To: MP New Construction Total 2019 Project Cost TOTALS 250 325 14000 PE 11/1/2016 7.5 EM 1.25 1.25 10 10 Satsop Cloquallum Mitigation RW 9/5/2017 09 13 Rd.No.: 02000 0.10 CN 2/23/2018 165 EM 27.5 27.5 220 220 From: 7.7 To: 7.7 Bank Repair Total 2019 Project Cost $230,000 TOTALS 172.5 28.75 28.75 230 230 CRP 1993 PE 1/1/2019 RATA 54 6 60 60 20 Shelton Matlock Road Culvert Replacement RW 1/1/2019 10 07 14 Rd,No.: 90100-Shelton Matlock Road _ CN 7/15/2020 RATA 550 7/20 From: MP 8.03 To: MP 8.03 Replace existing culvert with a new structure Total 2019 Project Cost $60,000 TOTALS 54 6 60 60 580 Phase Fundina PE-Preliminary Engineering STP-Surface Transportation Program RW-Right of Way HSIP-Highway Safety Improvement Program CN-Construction RATA-Rural Arterial Trust Account BRAC-Bridge Replacement Advisory Committee TP-Transportation Partnerships TAP-Transportation Alternatives Program Page 2 of 4 Six Year Transportation Improvement Program From 2019 to 2024 Agency: Mason County Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded m A. Federal Aid No. B. Bridge No. o, Fund Source Information Expenditure Schedule Pro ects Onl o a.c E C. Project Title H =L. 1 R/W D. StreeURoad Name of Number .o t Phase tate 4th Required u- a Z E. Beginning MP or road-Ending MP or road o a a Start und State Local Total 1st 2nd 3rd thru Envir Type Date F. Describe Work to be Done (mm/dd/ ource Funds Funds Funds 6th mm/ 1 3 6 8 9 12 13 14 15 16 17 18 19 20 21 CRP 1995 PE 1/1/2020 RATA 54 6 60 60 20 North Shore Road-Cady Creek Culvert Replacement RW 6/1/2020 20 08 15 Rd.No.: 70390-North Shore Rd _ CN 7/152021 RATA 500 From: MP 6.92 To: MP 6.92 Replace existing culvert with a new structure Total 2019 Project Cost $60,000 TOTALS 54 6 60 60 40 500 CRP 2011 PE 1/1/2020 RATA 72 8 80 80 20 North Island Drive Culvert Replacement RW 6112020 20 07 16 Rd.No.: 39630-North Island Drive CN 7/152021 RATA 720 From: MP 3.46 To: MP 3.47 Replace existing culvert with a new structure Total 2019 Project Cost $80,000 TOTALS 72 8 80 80 760 CRP 2001 PE 5/1/2015 30 30 30 30 Homer Adams Road Culvert Replacement RW 9/12015 10 09 17 Rd.No.: 00610 010 CN 1/312018 250 From: MP 0.1 To: MP 0.2 Reconstruction Total 2019 Project Cost $30,000 TOTALS 30 30 30 290 PE 11/12016 15 Frisken Y Road Instersection Improvement RW 9/52017 5 09 18 Rd.No.: 00690 0 10 CN 2/232018 100 From: 0.0 To:0.1 Reconstruction Total 2019 Pro ect Cost TOTALS 120 PE 40 122. 1325 Logyard Road W Freight Upgrade RW 19CN3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2019 Pro' t Cost TOTALS 40 PE 40 Mason Benson Intersection Safety RW 10 07 20 Rd.No.: 63010 0+10 CN 300 From: MP 2.5 To: MP 2.6 Improve Sight Distance Total 2019 Project Cost ITOTALS 350 PE 20 North Shore Road-Great Bend Culvert Replacement RW 20 08 21 Rd.No.: 70390-North Shore Rd _ CN 500 From: MP 16.6 To: MP 16.6 Replace existing culvert with a new structure Total 2019 Project Cost TOTALS 540 Phase Fundina PE-Preliminary Engineering STP-Surface Transportation Program RW-Right of Way HSIP-Highway Safety Improvement Program CN-Construction RATA-Rural Arterial Trust Account BRAC-Bridge Replacement Advisory Committee TP-Transportation Partnerships TAP-Transportation Alternatives Program Page 3 of 4 Six Year Transportation Improvement Program From 2019 to 2024 Agency: Mason County Co.No.: 13 Co.Name:Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded oD A. Federal Aid No. B. Bridge No. rn Fund Source Information Expenditure Schedule Project s Only C. Project Title v FPha Federal Fundin RAN rj a D. Street/Road Name of Number S .t Federal Federal State 4th Envir Type Required 1.u- Z E. Beginning MP or road-Ending MP or road o a aFund Cost by Fund State Local Total 1st 2nd 3rd thru Date F. Describe Work to be Done Code Phase Source Funds Funds Funds 6th mm/ 1 3 6 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 CRP 1970 PE 5/1/2015 Matlock-Brady Road RW 9/1/2015 07 22 Rd.No.: 90100 1.10 CN 6/1/2018 RATA 800 1200 2000 2000 From: MP 26.3 To: MP 27.4 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2019 Project Cost $2,000,000 TOTALS 800 1200 2000 2000 CRP 2009 PE 5/1/2015 Belfair Area Sidewalks-Old Belfair Highway RW 9/1/2015 Rd.No.: 98250-Old Belfair Hwy CN 3/1/2019 100 100 07 23 From: MP 0.0 To: MP 0.1 1.10 Total 2019 Project Cost ITOTALS 100 100 PE 120 Old Belfair Hwy RW 100 08 24 Rd.No.: 98250-Old Belfair Hwy 0.40 CN 1200 From: MP 1.2 To: MP 1.6 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2019 Project Cost TOTALS 1420 PE Allyn Access,Circulation and ROW RW 100 100 40 25 Rd.No.: TBD CN From: To: ROW acquisition Total 2019 Project Cost ITOTALS 100 100 40 TOTALS 7.65 1112.5 1997.8 3429.8 6440 6580 3850 5555 21605 Phase Funding Page 4 of 4 Mason County SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 10/3/2018 REVENUE AND EXPENDITURE ANALYSIS REVENUE ESTIMATE 2019 2020 2021 2022 2023 2024 Estimated Beginning Fund Balance(from MK-8/13/18) $ 11,091 $ 3,918 $ 1,503 $ 1,404 $ (4,965) $ (11,874) Motor Vehicle Fuel Tax $ 2,409 $ 2,400 $ 2,400 $ 2,400 $ 2,400 $ 2,400 County Arterial Preservation Program (CAPP) $ 394 $ 400 $ 400 $ 400 $ 400 $ 400 County Road Levy(less diversion) $ 8,668 $ 8,755 $ 8,755 $ 8,755 $ 8,755 $ 8,755 State DNR Timber Transfer $ 250 $ 250 $ 250 $ 250 $ 250 $ 250 Excise Taxes(Timber harvest and leasehold) $ 210 $ 210 $ 210 $ 210 $ 210 $ 210 Other $ 2,388 $ 3,637 $ 3,637 $ 637 $ 637 $ 637 SUBTOTAL LOCAL REVENUE $ 25,410 $ 19,570 $ 17,155 $ 14,056 $ 7,687 $ 778 Federal Surface Transportation Funds(STP) $ 700 $ 581 $ 581 $ 581 $ 581 $ 581 Federal Bridge Replacement or Rehabilitiation (BRAC) $ - $ - $ - $ - $ - $ - State Funds-CRAB Administered (RAP), Earmark and State Budget $ 1,289 $ 659 $ 342 $ 341 $ 341 $ 341 HSIP $ 240 $ - $ - $ 252 $ - $ - FLAP, FEMA, BUILD $ 301 $ - $ 1,421 $ 283 $ 283 $ 282 USFW,SRFB, RCO or other salmon recovery funding $ 580 $ - $ - $ - $ - $ - SUBTOTAL GRANT REVENUE $ 3,110 $ 1,240 $ 2,344 $ 1,457 $ 1,205 $ 1,204 TOTAL ALL REVENUE $ 28,520 $ 20,810 $ 19,499 $ 15,513 $ 8,892 $ 1,982 EXPENDITURE ESTIMATE 2019 2020 2021 2022 2023 2024 DESIGNATED ROAD FUND EXPENDITURES Maintenance (#542) $ 8,242 $ 7,902 $ 8,139 $ 8,383 $ 8,635 $ 8,894 Administration (#543) $ 1,683 $ 1,683 $ 1,733 $ 1,785 $ 1,839 $ 1,894 Operations (#544) $ 2,009 $ 1,894 $ 1,951 $ 2,009 $ 2,070 $ 2,132 Extraordinary Operations(#545) $ 477 $ 477 $ 491 $ 506 $ 521 $ 537 Interfund Loan (#581) $ - $ - $ - $ - $ - $ - Capital (#594) $ 1,611 $ 270 $ 335 $ 845 $ 1,035 $ 500 Operating Transfer(#597) $ 1,000 $ 1,001 $ 1,001 $ 1,001 $ 999 $ 999 SUBTOTAL DESIGNATED EXPENDITURES $ 15,022 $ 13,227 $ 13,651 $ 14,530 $ 15,099 $ 14,956 CONSTRUCTION EXPENDITURES Construction (#595) (Local Share) $ 3,470 $ 1,840 $ 2,100 $ 4,492 $ 4,464 $ 4,464 Construction (#595)(Grant Revenues) $ 3,110 $ 1,240 $ 2,344 $ 1,456 $ 1,204 $ 1,204 SUBTOTAL CONSTRUCTION EXPENDITURES $ 6,580 $ 3,080 $ 4,444 $ 5,948 $ 5,668 $ 5,668 TOTAL EXPENDITURES $ 21,602 $ 16,307 $ 18,095 $ 20,478 $ 20,767 $ 20,624 CONSTRUCTION RESERVE- FUTURE NEW ROAD PROJECTS $ 3,000 $ 3,000 CARRYOUT(total cash)* I $ 3,918 $ 1,503 $ 1,404 $ (4,965) $ (11,874) $ (18,642) * $2.1 million is needed each year in carryout to support January through April expenditures NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two (2)public hearings in the Commissioners Chambers of Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington 98584, on Tuesday, November 6, 2018, at 9:30am. SAID HEARINGS will be to consider adopting: 1) Mason County's 2019 Annual Construction Program. 2) Mason County's Six Year Transportation Improvement Program for years 2019 to 2024. If special accommodations are needed,please contact the Commissioners' office, (360)427-9670 (Shelton), (360)482-5269 (Elma) or(360) 275-4467 (Belfair), Ext. 419. DATED this 9th day of October, 2018. BOARD OF COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton,WA 98584 cc: Commissioners Community Development Public Works Shelton Journal: Publ.2t: 10/18/18&10/25/18 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth, P.E., Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: October 9, 2018 Agenda Item # BRIEFING DATE: October 8, 2017 BRIEFING PRESENTED BY: Jerry W. Hauth and Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Cooperative Streamgaging Program on the Skokomish River Background: The Department of the Interior U.S. Geological Survey (USGS) operates and maintains the network of streamflow monitoring gage stations on the Skokomish River near Potlatch and Union for the purpose of flood forecasting, documentation, stream flow regulation and fisheries enhancement. Most of these stations are funded through a joint agreement between the USGS and Tacoma Public Utilities; however Mason County, the Department of Ecology and the U.S. Geological Survey fund the South Fork Skokomish gage. Mason County also participates in funding real time data transmission at the gage near Potlatch. Budget Impacts: The total fixed cost of this program is $9,560, of which Mason County's portion of the annual cost is $5,925. The remainder ($3,635) is funded by the Washington State Dept. of Ecology, and USGS. Mason County's share is paid out of the Skokomish Flood Control Zone Fund. RECOMMENDED ACTION: Recommend the Board authorize the Chair to sign Joint Funding Agreement #19YGJFA03400 with the US Department of the Interior, U.S. Geological Survey, for the period October 1, 2018, to September 30, 2019. Attachment: Agreement 10/3/2018 Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer#: 6000000725 (May 2018) GEOLOGICAL SURVEY Agreement#: 19YGJFA03400 Project#: YG00H1 U JOINT FUNDING AGREEMENT TIN#: 91-6001354 Fixed Cost Yes Agreement FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the, 1 day of October, 2018 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the County of Mason, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for the operation and maintenance of streamgages on the Skokomish River near Potlatch and Union, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program.2(b) includes In-Kind Services in the amount of$ (a) by the party of the first part during the period Amount Date to Date $0 October 1, 2018 September 30, 2019 (b) by the party of the second part during the period Amount Date to Date $5,925 October 1, 2018 September 30, 2019 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $3,635 Description of the USGS regional/nations program: USGS Federal Priority Streamgage Program (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 9-1366(Continuation) Customer#:6000000725 Agreement#: 19YGJFA03400 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data development as a result of the Scope of Work(SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www2.usgs.gov/fsp/). 9. Billing for this agreement will be rendered: ANNUALLY. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. U.S. Geological Survey Name of Customer United States County of Mason Department of the Interior USGS Point of Contact Customer Point of Contact Name: Mark Mastin Name: Jerry Hauth Address: 934 Broadway, Suite 300 Address: 100 W Public Works Dr. Tacoma, WA 98402 Shelton, WA 98584 Telephone: 253-552-1609 Telephone: 360-427-6370, x450 Email: mcmastin@usgs.gov Email: JHauth@co.mason.wa.us Org Code: GGWNYG0000 Signature and Date: Signature and Date: Signature: c- Signature: Date: Date: Name: Cynthia Barton, PhD, LHG, LG Name: Title: Center Director Title: Signature: Date: Name: Title: MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Renee Cullop Action Agenda _X _ Public Hearing Other DEPARTMENT: Therapeutic Court EXT: _296 COMMISSION MEETING DATE: 10/8/2018 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: 10/1/2018 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: CJTA Contract BACKGROUND: This is a contract for the Criminal Justice Treatment Account (CJTA) moneys that the County decided to administer through the county versus the Thurston Mason BHO. Contract amount is for 49,130. Agreement will run July 2018 thru June 2019 RECOMMENDED ACTION: Signature required BUDGET IMPACTS: None ATTACHMENT(S): CJTA Contract WCommission Agenda Item Summary Template.doc Washington stateCOUNTY PROGRAM HCA Agreement Number: Health Care uth0rity AGREEMENT 1863-34807 CJTA Services This Program Agreement is by and between the State of Washington Health GT&C Contract Number: Care Authority(HCA) and the County identified below, and is issued in 1863-34807 conjunction with the DSHS and County Agreement on General Terms and Contractor Contract Number: Conditions GT&C , which is incorporated by reference. CONTRACTOR NAME CONTRACTOR doing business as (DBA) Mason Count CONTRACTOR ADDRESS WASHINGTON INDEX NUMBER 419 N 4th Street UNIFORM BUSINESS Shelton, WA 98548 IDENTIFIER (UBI) 1229 CONTRACTOR CONTACT CONTRACTOR CONTRACTOR E-MAIL ADDRESS Renee Cullop TELEPHONE reneec@co.mason.wa.us (360) 427-9670 HCA DIVISION HCA CONTRACT CODE Division of Behavioral Health 7000CC-63 HCA CONTACT NAME AND TITLE HCA CONTACT ADDRESS Ahney King 4500 10th Ave SE Program Administrator Lacey, WA 98503 HCA CONTACT TELEPHONE HCA CONTACT FAX HCA CONTACT E-MAIL ADDRESS (360)725-3753 Ahney.King@hca.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES CFDA NUMBER(S) OF THIS CONTRACT? No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 07/01/2018 06/30/2019 $49,130.00 EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: ® Exhibits (specify):Attachment 1, Confidential Information Security Requirements; Attachment 2, Substance Use Disorder Optional Services and Activities Allowable under CJTA The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be binding on HCA only upon signature by HCA. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HCA SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HCA Contracts HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 1 Special Terms & Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Program Agreement shall each have the following definitions: a. "CJTA" or"Criminal Justice Treatment Account" means per RCW 70.96A.350, the account created by Washington State that may be expended solely for: substance use disorder treatment and treatment support services for offenders with a substance. b. "DUNS" or"Data Universal Numbering System" means a unique identifier for businesses. DUNS numbers are assigned and maintained by Dun and Bradstreet(D&B) and are used for a variety of purposes, including applying for government contracting opportunities. c. "DBHR" means the HCA Division of Behavioral Health and Recovery, and its employees and authorized agents. d. "HCA" means the Washington State Health Care Authority, and its employees and authorized agents. e. "RCW' means the Washington State Revised Code of Washington. f. "SUD" or"Substance Use Disorder" means a problematic pattern of alcohol/drug use leading to clinically significant impairment or distress as categorized in the DSM-5. 2. Purpose. The Purpose of the Program Agreement is for the County to provide treatment and recovery support services to those involved in the criminal justice system in accordance with RCW 71.24.580. 3. Specific Eligibility and/or Funding Requirements for Criminal Justice Treatment Account Services. Criminal Justice Treatment Account (CJTA): Drug Courts, RCW 2.28.170; Drug Courts) and Drug Court funding. Drug court funding is provided to the following counties under this Program Agreement Cowlitz, Skagit and Thurston. The County must ensure the provision of substance use disorder treatment and support services detailed below and in accordance with RCW 70.96A and RCW 2.28.170. In accordance with RCW 71.24.580, amounts in this Program Agreement must be used for treatment and recovery support services, per Attachment 2, for criminally involved offenders and authorization of these services shall not be subject to determinations of medical necessity. a. The County must coordinate with the local CJTA panel for the County in order to facilitate the planning requirement as described in RCW 71.24.580. The plan must: (1) Describe in detail how substance use disorder treatment and support services will be delivered within the region; (2) Address the CJTA Account Match Requirement by providing a local participation match of all HCA-provided criminal justice awards; (3) Include details on special projects such as best practices/treatment strategies, significant underserved population(s), or regional endeavors, including the following: (a) Describe the project and how it will be consistent with the strategic plan; (b) Describe how the project will enhance treatment services for offenders; (c) Indicate the number of offenders who were served using innovative funds; NCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 2 Special Terms & Conditions b. Detail the original goals and objectives of the project. CJTA Funding Guidelines (1) In accordance with RCW 2.30.040. if CJTA funds are managed by a Drug Court, then it is required to provide a dollar-for-dollar participation match for services to Individuals who are receiving services under the supervision of a drug court. (2) No more than ten percent (10%) of the total CJTA funds may be used for the following support services combined: (a) Transportation; (b) Child Care Services. (3) At a minimum thirty percent(30%) of the CJTA funds for special projects that meet any or all of the following conditions: (a) An acknowledged best practice (or treatment strategy) that can be documented in published research; (b) An approach utilizing either traditional or best practice approaches to treat significant underserved population(s); (c) A regional project conducted in partnership with at least one other entity serving the service area; (d) Services eligible to be provided through CJTA funds are defined in the SUD Services Descriptions and Service Matrix (available upon request); (e) CJTA Special Projects. HCA retains the right to request progress reports on CJTA special projects. 4. Statement of Work. The County shall provide the services and staff, and otherwise do all thinks necessary for or incidental to the performance of work, as set forth below: a. CJTA for Treatment in the Jail. Criminal Justice Treatment Account (CJTA)funds may be used, in a limited capacity, to provide substance use disorder (SUD) assessments, engagement, referral, transition planning and outpatient treatment services in jail. If CJTA funds are utilized for these purposes: (1) The County must identify and provide transition services to persons with substance use disorder, who meet the CJTA requirements as defined in RCW 71.24.580, to expedite and facilitate their return to the community. (2) Continue treatment services with individuals who were engaged in community-based treatment prior to their incarceration, with the intent to complete the outpatient treatment episode. (3) Initiate outpatient treatment services with individuals who will be released and transition into community-based treatment. (4) The County may provide eight (8) sessions per individual, the sessions may include: HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 3 Special Terms & Conditions (a) Engaging individuals in SUD treatment; (b) Referral to SUD services; (c) Coordinating care; (d) Continuity of care; (e) Transition planning. b. The County must ensure the provision of substance use disorder treatment and recovery support services detailed below and in accordance with RCW 71.24.580 and RCW 2.28.170. Please see SUD Services Descriptions and Service Matrix (available upon request) for a detailed list of services allowable within CJTA. County level funding priorities are established by the local CJTA panel. (1) The County must coordinate with their local CJTA panel in order to facilitate the planning requirement as described in RCW 71.24.580. It is important to note that plans should detail the coordination within the County, leverage the needed services for the community, and reach the intended population for the CJTA fund. The plan must: (a) Describe in detail how substance use disorder treatment and recovery support services will be delivered within the County; (b) Address the CJTA Account Match Requirement by providing a local participation match of all HCA-provided criminal justice awards (further match information provided under sub-section "CJTA Funding Guidelines"); (c) Include details on special projects i.e. National Association of Drug Court Professionals (NADCP) Best Practices/treatment strategies, significant underserved population(s), or regional endeavors; i. Describe how the project will enhance treatment or recovery support services for offenders; ii. Detail the goals and objectives of the project. (2) Completed plans must be submitted to HCA for review and approval. Once approved, the County must implement its plan as written. (a) The County can choose to use the funds according to the current plan or provide an updated plan with any changes by August 15, 2018. (b) New or updated plans for all Counties are due by October 1, 2018. 5. Consideration. Total consideration payable to the County for satisfactory performance of the work under this Program Agreement is up to a maximum of$49,130 for CJTA Services, and $0 for Drug Court Services, including any and all expenses. 6. Billing and Payment. HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 4 Special Terms & Conditions a. County shall be paid 1/12 of the amount(s) listed in Section 5, Consideration for CJTA Services and/or Drug Court Services. b. All Counties will be required to submit a quarterly Supplemental Form with the amount of CJTA dollars spent in the County for the quarter. c. The County is required to limit Administration costs to no more than ten percent(10%) of the annual revenue supporting the public behavioral health system operated by the County. Administration costs shall be measured on a fiscal year basis and based on the information reported in the Supplemental Form reports and reviewed by the HCA Behavioral Health Administration. 7. DUNS Number and Zip Code + 4. DUNS Number: 069580751. Zip Code + 4: 98584 + 1037. 8. Confidential Information Security. The federal government, including the Centers for Medicare and Medicaid Services (CMS), and the State of Washington all maintain security requirements regarding privacy, data access, and other areas. County is required to comply with the Confidential Information Security Requirements set out in Attachment 1 to this Program Agreement and appropriate portions of the Washington OCIO Security Standard, 141.10 (https://ocio.wa.gov/policies/141-securing-information-technology-assets/14110- securing-information-technology-assets). 9. Confidential Information Breach —Required Notification. a. County must notify the HCA Privacy Officer(HCAPrivacyOfficer(a)hca.wa.gov) within five (5) Business Days of discovery of any Breach or suspected Breach of Confidential Information. b. County will take steps necessary to mitigate any known harmful effects of such unauthorized access including, but not limited to, sanctioning employees and taking steps necessary to stop further unauthorized access. County agrees to indemnify and hold HCA harmless for any damages related to unauthorized use or disclosure of Confidential Information by County, its officers, directors, employees, Subcontractors or agents. c. If notification of the Breach or possible Breach must (in the judgment of HCA) be made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW 19.254.010, or other law or rule, then: (1) HCA may choose to make any required notifications to the individuals, to the U.S. Department of Health and Human Services Secretary (DHHS) Secretary, and to the media, or direct County to make them or any of them. (2) In any case, County will pay the reasonable costs of notification to individuals, media, and governmental agencies and of other actions HCA reasonably considers appropriate to protect HCA clients (such as paying for regular credit watches in some cases). (3) County will compensate HCA clients for harms caused to them by any Breach or possible Breach. d. Any breach of this clause may result in termination of the Program Agreement and the demand for return or disposition (Attachment 1, Section 6) of all Confidential Information. e. County's obligations regarding Breach notification survive the termination of this Program HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 5 Special Terms & Conditions Agreement and continue for as long as County maintains the Confidential Information and for any breach or possible breach at any time. 10. Pay Equity. a. County represents and warrants that, as required by Washington state law (Laws of 2017, Chap. 1, § 147), during the term of this Program Agreement, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if(i) the individuals work for County, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. b. County may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job-related factor(s); or(v) a bona fide regional difference in compensation levels. c. Bona fide job-related factor(s)" may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) accounts for the entire differential. d. A "bona fide regional difference in compensation level" must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. e. Notwithstanding any provision to the contrary, upon breach of warranty and County's failure to provide satisfactory evidence of compliance within thirty (30) Days of HCA's request for such evidence, HCA may suspend or terminate this Program Agreement. 11. Notices. Whenever one party is required to give notice to the other party under this Program Agreement, it shall be deemed given if mailed by United States Postal Service, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: a. In the case of notice to the County, notice shall be sent to the point of contact identified on page one (1) of this Program Agreement; b. In the case of notice to HCA, notice shall be sent to: Contract Services Legal and Administrative Services Division Washington State Health Care Authority P. O. Box 42702 Olympia, Washington 98504-2702 Contracts@hca.wa.gov Said notice shall become effective on the date delivered as evidenced by the return receipt or the date returned to sender for non-delivery other than for insufficient postage. Either party may at any time change its address for notification purposes by mailing a notice in accordance with this Section, stating the change and setting forth the new address, which shall be effective on the tenth (10th) day following the effective date of such notice unless a later day is specified in the notice. HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 6 Special Terms & Conditions Attachment 1 Confidential Information Security Requirements 1. Definitions. In addition to the definitions set out in Section 1 of this Agreement for CJTA Services, the definitions below apply to this Attachment. a. "Hardened Password" means a string of characters containing at least three of the following character classes: upper case letters; lower case letters; numerals; and special characters, such as an asterisk, ampersand or exclamation point. (1) Passwords for external authentication must be a minimum of 10 characters long. (2) Passwords for internal authentication must be a minimum of 8 characters long. (3) Passwords used for system service or service accounts must be a minimum of 20 characters long. b. "Portable/Removable Media" means any Data storage device that can be detached or removed from a computer and transported, including but not limited to: optical media (e.g. CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC). c. "Portable/Removable Devices" means any small computing device that can be transported, including but not limited to: handhelds/PDAs/Smartphones; Ultramobile PC's, flash memory devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet computers. If used to store Confidential Information, devices should be Federal Information Processing Standards (FIPS) Level 2 compliant. d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. e. "Transmitting" means the transferring of data electronically, such as via email, SFTP, webservices, AWS Snowball, etc. f. "Trusted System(s)" means the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS")first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL)which offer tracking and receipt confirmation; and (4)the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. g. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase, or other mechanism, authenticates a user to an information system. 2. Confidential Information Transmitting. a. When transmitting HCA's Confidential Information electronically, including via email, the Data must be encrypted using NIST 800-series approved algorithms (http://csrc.nist.,qov/publications/PubsSPs.htmi). This includes transmission over the public internet. b. When transmitting HCA's Confidential Information via paper documents, the Receiving Party must HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 7 Special Terms & Conditions use a Trusted System. 3. Protection of Confidential Information. The County agrees to store Confidential Information as described: a. Data at Rest: (1) Data will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data.Access to the Data will be restricted to Authorized Users through the use of access control lists, a Unique User ID, and a Hardened Password, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Systems which contain or provide.access to Confidential Information must be located in an area that is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. (2) Data stored on Portable/Removable Media or Devices: (a) Confidential Information provided by HCA on Removable Media will be encrypted with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the Data. (b) HCA's data must not be stored by the Receiving Party on Portable Devices or Media unless specifically authorized within the Data Share Agreement. If so authorized, the Receiving Party must protect the Data by: i. Encrypting with NIST 800-series approved algorithms. Encryption keys will be stored and protected independently of the data; ii. Control access to the devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics; iii. Keeping devices in locked storage when not in use; iv. Using check-in/check-out procedures when devices are shared; v. Maintain an inventory of devices; and vi. Ensure that when being transported outside of a Secured Area, all devices with Data are under the physical control of an Authorized User. (c) Paper documents. Any paper records containing Confidential Information must be protected by storing the records in a Secured Area that is accessible only to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. 4. Confidential Information Segregation. HCA Confidential Information received under this Agreement must be segregated or otherwise distinguishable from non-HCA data. This is to ensure that when no longer needed by the County, all HCA Confidential Information can be identified for return or destruction. It also aids in determining whether HCA Confidential Information has or may have been compromised in the event of a security Breach. HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 8 Special Terms & Conditions a. The HCA Confidential Information must be kept in one of the following ways: (1) on media (e.g. hard disk, optical disc, tape, etc.)which will contain only HCA Data; or (2) in a logical container on electronic media, such as a partition or folder dedicated to RCA's Data; or (3) in a database that will contain only HCA Data; or (4) within a database and will be distinguishable from non-HCA Data by the value of a specific field or fields within database records; or (5) when stored as physical paper documents, physically segregated from non-HCA Data in a drawer, folder, or other container. b. When it is not feasible or practical to segregate HCA Confidential Information from non-HCA data, then both the HCA Confidential Information and the non-HCA data with which it is commingled must be protected as described in this Attachment. 5. Confidential Information Shared with Subcontractors. If HCA Confidential Information provided under this Agreement is to be shared with a Subcontractor, the Contract with the Subcontractor must include all of the Confidential Information Security Requirements. 6. Confidential Information Disposition. When the Confidential Information is no longer needed, except as noted below, the Confidential Information must be returned to HCA or destroyed. Media are to be destroyed using a method documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.html). For HCA's Confidential Information stored on network disks, deleting unneeded Confidential Information is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential Information as outlined in this section of this Attachment may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 9 Special Terms &Conditions Attachment 2 Substance Use Disorder Optional Services and Activities Allowable under CJTA Service Brief Intervention (Any Level, Assessment not Required) Acute Withdrawal Management (ASAM Level 3.2WM) Sub-Acute Withdrawal Management (ASAM Level 3.2WM) Outpatient Treatment (ASAM Level 1) Intensive Outpatient Treatment (ASAM Level 2.1) Opiate Substitution Treatment (ASAM Level 1) Case Management (Level 1, 2) Intensive Inpatient Residential Treatment (ASAM Level 3.5) Long-term Care Residential Treatment (ASAM Level 3.3) Recovery House Residential Treatment (ASAM Level 3.1) Assessment (to include Assessments done while in jail) Interim Services Community Outreach Involuntary Commitment Investigations and Treatment Room and Board (Residential Treatment Only) Transportation Childcare Services Urinalysis Treatment in the Jail (limited to 8 sessions) Employment services and job training Relapse Prevention Family/Marriage education Peer-to-peer services, mentoring and coaching Self-help and support groups Housing Support Services (rent and/or deposits) Life Skills Spiritual and faith-based support Education Parent education and child development HCA Contract Services 7017CF County Program Agreement(07-16-2018) Page 10