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2019/04/23 - Regular Packet
April 23.2 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 6:00 p.m. 411 North Fifth Street, Shelton WA 98584 April 23, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release-Mason County Civil Service Commission Vacancy Staff: Frank Pinter 5. Open Forum for Citizen Input (3 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 6:15 p.m. 7. Approval of Minutes —April 8, 2019 Briefing Minutes; March 19, April 2 and April 9, 2019 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 of the Certification of Sponsor match form with the Washington State Recreation and Conservation Office (RCO) for the replacement and upgrading of the irrigation system at Mason County Recreational Area (MCRA) and approval to allow the Parks &Trails Manager to sign the form. 8.2 Approval of the Mason County Sheriff's Office Extra Duty Service Contract with the Timberlakes Community. 8.3 Approval of the Cost Reimbursement Agreement between the Seattle Police Department and the Mason County Sheriff's Office to reimburse personal training and travel to the 2019 Crimes Against Children Conference in Dallas, Texas. 8.4 Approval to authorize the Chair to sign a resolution related to the ownership of Potlatch Cemetery. 8.5 Approval to appoint William Bezanson to the Lewis-Mason-Thurston Area Agency on Aging for a two-year term ending April 23, 2021. 8.6 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8063696-8063847 $ 514,555.43 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Last printed 4/23/2019 8:51:00 AM If special accommodations are needed,contact the Commissioners' office at ext. 419, Shelton #360-427- 9670; Belfair#275-4467, Elma #482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA April 23, 2019- PAGE 2 8.7 Approval of a contract with Kennedy/Jenks Consultants, Inc. in the amount of $439,816 for the Belfair General Sewer Plan Amendment and Preliminary Design report for the sewer extension to Puget Sound Industrial Center (PSIC). 8.8 Approval to authorize the County Engineer to submit the Highway Safety Improvement Program Grant to WSDOT by May 31st for safety improvements throughout Mason County, as well as the approval to authorize the County Engineer to sign all pertinent documents for the grant. 8.9 Approval to authorize the County Engineer to submit the 2019 Federal Highways Bridge Program Grant Proposal and approval to authorize the County Engineer to sign all pertinent documents for the grant. The Board will be asked for their guidance on inclusion of bridge lighting as part of this application. 8.10 Approval of the resolution for County Road Project No. 2019, Romance Hill-Belfair Freight Corridor Connector, approval to authorize the Chair to sign all pertinent documents and authorize the Public Works County Engineer to advertise, set bid dates/times and award contract not to exceed $1,500,000. Also, approval to authorize Public Works to solicit a Request for Qualifications for a consultant to provide an analysis and design for the location of the new Romance Hill-Freight Corridor Connector and enter into a contract not to exceed $350,000. 8.11 Approval to reappoint Janice Loomis to a three year term on the Mason County Board of Equalization. This term ends May 31, 2022. 8.12 Approval to enter into a lease agreement with North Mason Resources providing office space to Veteran Service Officers effective May 2019 at$350 per month payable from the Veterans Assistance Fund(#190)as recommended by the Veterans Advisory Board. 8.13 Approval to sign the Associate Development Organization Certification/Designation Form designating the Mason County Economic Development Council as the Associate Development Organization (ADO) to coordinate economic development services for Mason County under contract with the Washington State Department of Commerce. This is pursuant to RCW 43.330.080 and is for the 2019-2021 biennium. 8.14 Approval of amendments to contract DY2-K2293-32 between Cascade Pacific Action Alliance and Mason County Community Services for Medicaid transformation projects. 8.15 Approval to set a public hearing on May 7, 2019 to receive comments on a proposition to enact a .03% Public Safety Sales Tax increase. 8.16 Approval of the letter of support for Mason Transit Authority's grant application to the Federal Transit Administration to obtain two Hybrid buses for the Worker/Driver program. 9. Other Business (Department Heads and Elected Officials) 10. 6:15 p.m. Public Hearings and Items Set for a Certain Time- 10.1 Public Hearing to consider adoption of revisions to Mason County Code Title 16, Plats and Subdivisions. Staff: Kell Rowen 11. Board's Reports & Calendars 12. Adjournment J:\AGENDAS\2019\2019-04-23 Reg.doc Uay-,", MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: April 23, 2019 No. 4.1 ITEM: Correspondence 4.1.1 State of Washington Department Of Commerce sent in a letter requesting the designation of an Associate Development Organizations (ADO). 4.1.2 Economic Development Council of Mason County sent in their 2019 first quarter report. 4.1.3 Fire Department Personnel and Instructor complaint received regarding Fire District Six. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty& Trask Clerk STATt• 0 is STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525• Olympia, Washington 98504-2525• (360) 725-4000 www.commerce.wa.gov April 4, 2019 RECEIVE® APR 12 2019 The Honorable Kevin Shutty, Chair Mason Count Mason County Board of Commissioners Cnmmissioners 411 North 5th Street Shelton, WA 98584 RE: Action Requested by April 30, 2019 Dear Commissioner Shutty: Every two years,the Department of Commerce begins the process of contracting with Associate Development Organizations (ADOs) by sending a letter to the Board of County Commissioners or County Executive in each county requesting the designation of an ADO. Commerce is directed by RCW 43.330.080 to contract with county-designated ADOs to increase the support for and coordination of community and economic development services in communities or regional areas. As part of the contracting process,please complete the enclosed ADO Certification/Designation Form for the 2019-2021 biennium, returning to Commerce by April 30, 2019. Your county can choose to re-designate the current ADO or make a new designation. Please provide documentation of the County executive or governing body's action designating the identified organization as the ADO. If you have questions or need assistance please contact Diana Divens at(360) 725-4187 or email adong,commerce.wa.gov. Thank you for your consideration in helping to move the contracting process forward. I look forward to working with our ADO partners during the new biennium. Sincerely, 4Chris Green Assistant Director Office of Economic Development& Competitiveness Enclosure Cc: Economic Development Council of Mason County Associate Development Organization Certification/Designation Form (For use by County officials.) affirms/ designates the (Name of County) (Name of ADO) as the Associate Development Organization to coordinate economic development services for the county under contract with the Washington State Department of Commerce. Consistent with statutory requirements: 1 ❑ The prospective ADO is a non-profit organization. OR ❑ A public entity that has formed an authority or committee with full operating authority to carry out the duties of the ADO. It is important to recognize that this group would have its own authority and budget, not just the power to recommend actions/plans/expenses. 2. Economic development is the primary mission of the prospective ADO, and not just a secondary activity. This can be demonstrated with a written mission statement in a brochure, web-page, newsletter, etc. It may also be documented in the organization's by-laws. 3. For economic interests in the county, this organization serves as a networking tool and resource hub for business retention, expansion, and relocation in Washington. 4. This organization has/will have the capacity during the period under contract with Commerce to carryout work activities as detailed in RCW 43.330.080 This designation is effective on the date signed below, and shall remain in effect for the 2019- 2021 biennium (07/01/2019-06/30/2021). Please provide documentation of the County executive or governing body's action designating the above-identified organization as the ADO. Signature Print Name Title Date PLEASE SUBMIT THIS FORM AND DOCUMENTATION TO: Diana Divens, Contracts Coordinator Office of Economic Development and Competitiveness Washington State Department of Commerce Post Office Box 42525 Olympia, WA 98504-2525 360-725-4187 Revised (04/04/19) . Department of Commerce Associate Development Organizations Eligibility & Designation Guidelines April 2019 Revised (04/04/19) Overview Washington's Department of Commerce (Commerce) maintains a contracted partnership with 35 Associate Development Organizations (ADOs), serving 39 counties, through both technical assistance and funding for local economic development activities. Each county in the state has designated an organization as their ADO to partner with Commerce and serve as the lead on local economic development activities in their county. This guide is provided to assist county leaders in the process of designating the most effective organization to serve as the ADO for their county. The criteria that Commerce uses to approve and negotiate a contract with a county-designated ADO is also covered. The origins of ADOs date back to Governor Booth Gardner's Team Washington strategy that was initiated in 1985 to develop public-private, and state-local partnerships across the state. At first the Local Economic Development Assistance Program (LEDA) provided administrative grants to 33 ADOs that served the state's 39 counties. ADOs were to become the principal contact for the department and all county economic development elements (chambers, towns, ports, businesses, etc.) would coordinate their efforts through their local ADO. Expectations of ADOs The broad role of an Associate Development Organization is that of advocacy and leadership, serving as the point of contact for local economic activities, recruiting/hosting new businesses, and coordinating business retention and expansion efforts within its service area. The ADO serves as the principal contact for Commerce regarding economic activity in their area. ADOs help Commerce gather data about community profiles, industrial sites, plans for business development and retention, reports on business activities, and proposals for other economic activities in their service areas. ADOs are described in more detail in RCW 43.330.080, and a copy of that code is provided in the reference section of this guide. Specific expectations of the ADO, as assessed by Commerce for contracting purposes include: 1) Partner with Commerce: The designated ADO organizations shall partner with.Commerce as the lead local economic development organization in their service area to deliver economic development services at the local level. Through a contracted partnership, Commerce determines the scope of services delivered under the ADO grant/contract in collaboration with the ADO. The ADO works closely with Commerce to develop and carry out strategies and show potential for long-term sustainable growth. 2) Contracting Organizations (ADOs) in each Community or Regional Area Must Be "broadly representative of community and economic interests... capable of identifying key problems... and mobilizing broad support for recommended initiatives." The code lists key players as: • local governments • chambers of commerce • workforce development councils • port districts • labor groups • institutions of higher education • community action programs • other appropriate private, public, or nonprofit community and economic development groups. Revised (04/04/19) 3) Best Practice Sharing: ADOs must meet and share best practices with other ADOs at least two times a year. 4) Resources and Services Provided to Local Businesses: ADOs shall provide direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062. 5) Regional Planninq: Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies including cluster-based strategies. 6) Reports to Commerce: ADOs report quarterly on activity outcomes; i.e., Business Retention and Expansion assistance; Business Recruitment, Entrepreneurial Business Start-ups, etc. They also provide information on how they coordinate and collaborate with other organizations and jurisdictions in their counties, as well as other significant accomplishments. Timelines for reporting are in each grant/contract. 7) Formal designation by County: The County's Board of Commissioners must formally designate an organization to serve as its ADO, providing Commerce with a signed statement of designation along with a certification of eligibility. Revised (04/04/19) References RCW 43.330.080 Coordination of community and economic development services — Contracts with county- designated associate development organizations — Scope of services — Business services training. (1)(a) The department must contract with county-designated associate development organizations to increase the support for and coordination of community and economic development services in communities or regional areas. The contracting organizations in each community or regional area must: (i) Be broadly representative of community and economic interests; (ii) Be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives; (iii) Work closely with the department to carry out state-identified economic development priorities; (iv) Work with and include local governments, local chambers of commerce, workforce development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups; and (v) Meet and share best practices with other associate development organizations at least two times each year. (b) The scope of services delivered under the contracts required in (a) of this subsection must include two broad areas of work: (i) Direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062, and includes: (A)Working with the appropriate partners throughout the county including, but not limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, impact Washington, the Washington state quality award council, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county; (B) Providing information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Washington; (C) Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state; (D) Working with businesses on site location and selection assistance; (E) Providing business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the Revised (04/04/19) federal trade adjustment assistance for firms program, and the provision of information to businesses on: (1) Resources available for microenterprise development; (11) Resources available on the revitalization of commercial districts; and (III) The opportunity to maintain jobs through shared work programs authorized under chapter 50.60 RCW; (F) Participating in economic development system-wide discussions regarding gaps in business start-up assistance in Washington; (G) Providing or facilitating the provision of export assistance through workshops or one-on-one assistance; and (H) Using a web-based information system to track data on business recruitment, retention, expansion, and trade; and (ii) Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies, including cluster-based strategies. Research and planning efforts should support increased living standards and increased foreign direct investment, and be aligned with the statewide economic development strategy. Regional associate development organizations retain their independence to address local concerns and goals. Activities include: (A) Participating in regional planning efforts with workforce development councils involving coordinated strategies around workforce development and economic development policies and programs. Coordinated planning efforts must include, but not be limited to, assistance to industry clusters in the region; (B) Participating with the state board for community and technical colleges as created in RCW 28B.50.050, and any community and technical colleges in the coordination of the job skills training program and the customized training program within its region; (C) Collecting and reporting data as specified by the contract with the department for statewide systemic analysis. In cooperation with other local, regional, and state planning efforts, contracting organizations may provide insight into the needs of target industry clusters, business expansion plans, early detection of potential relocations or layoffs, training needs, and other appropriate economic information; (D) In conjunction with other governmental jurisdictions and institutions, participating in the development of a countywide economic development plan. (2) The department must provide business services training to the contracting organizations, including but not limited to: (a) Training in the fundamentals of export assistance and the services available from private and public export assistance providers in the state; and (b) Training in the-'provision of business retention and expansion services as required by subsection (1)(b)(i)(E) of this section. i [2014012§111;2012095§1;2011c286§2;2009c151 §10;2007c249§2;1997c60§1;1993c280§11.] L Revised (04/04/19) Notes: Findings -- Intent -- 2007 c 249: "The legislature finds that economic development success requires coordinated state and local efforts. The legislature further finds that economic development happens at the local level. County-designated associate development organizations serve as a networking tool and resource hub for business retention, expansion, and relocation in Washington. Economic development success requires an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The legislature intends to bolster the partnership between state and local economic development efforts, provide increased funding for local economic development services, and increase local economic development service effectiveness, efficiency, and outcomes." [2007 c 249 § 1.] RCW 43.330.082 Contracting associate development organizations — Performance measures and summary of best practices — Remediation plans — Report 1)(a) Contracting associate development organizations must provide the department with measures of their performance and a summary of best practices shared and implemented by the contracting organizations. Annual reports must include the following information to show the contracting organization's impact on employment and overall changes in employment: Current employment and economic information for the community or regional area produced by the employment security department; the net change from the previous year's employment and economic information using data produced by the employment security department; other relevant information on the community or regional area; the amount of funds received by the contracting organization through its contract with the department; the amount of funds received by the contracting organization through all sources; and the contracting organization's impact on employment through all funding sources. Annual reports may include the impact of the contracting organization on wages, exports, tax revenue, small business creation, foreign direct investment, business relocations, expansions, terminations, and capital investment. Data must be input into a common web-based business information system managed by the department. Specific measures, data standards, and data definitions must be developed in the contracting process between the department and the contracting organization every two years. Except as provided in (b) of this subsection, performance measures should be consistent across regions to allow for statewide evaluation. (b) In addition to the measures required in (a) of this subsection, contracting associate development organizations in counties with a population greater than one million five hundred thousand persons must include the following measures in reports to the department: (i) The number of small businesses that received retention and expansion services, and the outcome of those services; (ii) The number of businesses located outside of the boundaries of the largest city within the contracting associate development organization's region that received recruitment, retention, and,expansion services, and the outcome of those services. (2)(a) The department and contracting associate development organizations must agree upon specific target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds and actual performance must occur annually. (b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of the agreed measures must develop remediation plans to address performance gaps. The remediation plans Revised (04/04/19) must include revised performance thresholds specifically chosen to provide evidence of progress in making the identified service changes. (c) Contracts and state funding must be terminated for one year for organizations that fail to achieve the agreed upon progress toward improved performance defined under (b) of this subsection. During the year in which termination for nonperformance is in effect, organizations must review alternative delivery strategies to include reorganization of the contracting organization, merging of previous efforts with existing regional partners, and other specific steps toward improved performance. At the end of the period of termination, the department may contract with the associate development organization or its successor as it deems appropriate. (3) The department must submit a final report to the legislature by December 31st of each even-numbered year on, the performance results of the contracts with associate development organizations. [2014c112§112;2012c195§2;2011 c286§3;2009c518§15;2007c249§3.1 Notes: Findings -- Intent -- 2007 c 249: See note following RCW 43.330.080. Revised (04/04/19) cc: CMMRS Neatherlin, Shutty&Trask Clerk 2019 Q1 Report: Economic Development Council of Mason County The Mason EDC is the lead designated economic development agency for Mason County.We represent the County and local businesses on a number of statewide, national and international issues.At the heart of the work the EDC does are four main principles: • RECRUIT investment and employment opportunities to the region, • RETAIN existing local businesses by providing technical assistance and advocacy, and • EXPAND operational capacity for local employers by providing them with new market opportunities. • COORDINATE economic development efforts in Mason County,the region, and the state. 2019 Scope of Services C CONTRACTOR to provide a budget by expense category totaling$68,000 for the 2018, one-year contract to the BOCC within fifteen days (15) of contract execution. COMPLETED ❑ CONTRACTOR to provide update to Board of County Commissioner... Deliverable: At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work during public testimony at commission meetings. Q1: 02.25.2019 RECRUITMENT& MARKETING ❑ CONTRACTOR to market Mason County as excellent locations to expand or relocate ... Deliverable: number of businesses contacted. Q1: New leads: 7 Potentials Pipeline: 10 Sites: Industrial Land -Work on current industrial land and potential development areas. Commercial sites- identification of potential projects areas, review of current infrastructure, assessment of needed infrastructure to make marketable. Development and marketing of Hwy 101 corridor sites. Runway Business Park-initial demolition work scheduled and site plan development moving forward. ❑ CONTRACTOR to provide site location assistance ... RECEIVED Deliverable: Quarterly list of project names. Q1: Project Gel X—medical consumables manufacturer APR 15 2019 Project THG—hotel and retail development Mason County BUSINESS RETENTION &EXPANSION ACTIVITIES Commissioners ❑ CONTRACTOR to work with partners throughout the county ... Deliverable: copy of communication plan on or before 3/31/2019 COMPLETED Deliverable: quarterly dashboard of communication analytics. Q1: DASHBOARD OF ANALYTICS: 2019 Q1 WEBSITE • •' • :• '' 3624 8422 90% 71091 SOCIAL MEDIA :•• Followers:872 Followers:25 New Followers:111 New Followers: 15 Page Views:451 New Tweets:1 Likes:826 Post Reach:32239 ❑ CONTRACTOR to provide business retention and expansion services ... Work has begun on a formal BRE program.This program incorporates a wide range of tools and services designed to help local businesses become more competitive and to grow where they are rather than relocate. Deliverable: number of businesses visited. Q1: 48 Deliverable: number of follow-ups with existing businesses. Q1: 30 ❑ CONTRACTOR to participate ... in the coordination of the job skills training program and the customized training program within its region. Q1: Pacific Mountain Workforce Development Council—Jennifer Baria board member. CDBG Business Builder Course—promotion continues and new grant application submitted to continue program. Nye Training Center—work continues with Olympic College, Shelton School District, EDC, public and private partners to build out this needed trades-forced training center. BUSINESS ASSISTANCE ❑ CONTRACTOR to provide or facilitate the provision of export assistance. ❑ CONTRACTOR to provide business assistance ... Deliverable: number of businesses that direct assistance was provided. Q1: 17 Deliverable: and number of follow-up interactions. Q1: 15 READINESS&CAPACITY BUILDING ❑ CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. Submit to COUNTY for review and approval on or before 6/30/19. ❑ CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. 0 CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. 0 CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. ❑ CONTRACTOR to provide an annual snapshot of local economic conditions ... Deliverable: Economic Vitality index. cc: CM MRS Neatherlin, Shutty&Trask • Clerk FIRE DEPARTMENT PERSONNEL & INSTRUCTOR COMPLAINT MASON COUNTY FIRE DISTRICT SIX "MCFD 6" Monday, April 15, 2019 Complaint to: ECE' El t® Mason County Fire District Six "MCFD 6" APR 7 Board of Fire Commissioners - MCFD 6 2019 50 E Seattle St Mason County Union, WA 98592 Commiss. my ers Sent by Currier to: Board of Fire Commissioners - MCFD 6 CC: Board of Fire Commissioners - MCFD 6 by email MCFD 18 Chief Michael Sexton by email MCFD 18 Fire Captain Joe Cochran by email MCFD 18 EMS Captain by email Mason County Fire Marshal by courier Mason County Commissioners by courier • Mason County Journal by email www.A-Mason-County-Fire-Fighter.com via blog posting Complaint(s) written by: Aaron D Pufal -A volunteer firefighter MCFD 18 Mason County Fire District 18 "Lake Cushman Fire" MCFD 1 "Hoodsport Fire" 1311 N Lake Cushman Rd Hoodsport, WA 98548 954-655-4625 Honorable board members, Under specific written direction by the leadership of IFSAC and the Washington State Patrol Fire Marshals office, I hereby submit these attached complaints to the board of commissioners, Mason County Fire District Six, Union, in the state of Washington. Prior complaints to IFSAC and WSP are hereby withdrawn and dissolved. All of the serious complaints contained herein are in direct contradiction to the public values statement of your department known as "P.R.I.D.E.". They may also be in immediate opposition with, but not limited to, the MCFD 6 governing and SOP documents, American and international civil rights law, American civil law, and American criminal law. Very kind regards, Aaron D. Pufal This document contains five pages Page 1 of 5 FIRE DEPARTMENT PERSONNEL & INSTRUCTOR COMPLAINT MASON COUNTY FIRE DISTRICT SIX "MCFD 6" "ONE" Monday, April 15, 2019 Mason County Fire Academy Instructor and MCFD 6 Chief Clint Volk Complaint: Utilizing a symbol of The Holocaust and the mission statement of an American white supremacist hate group as a mnemonic device. Recently, Chief Volk was conducting a lecture on the appropriate extinguishing agent for use on different classifications of fires. During this lecture, Chief Volk explained that we could easily remember the color black is used in the hexagon symbol for "K" because the "KKK, kill blacks". The KKK is a murderous grouplhat lynched of over three thousand African Americans, injecting The Ku Klux Klan into the lexicon of firefighters is abhorrent. During the same topic, Chief Volk instructed the class that a simple way to remember the color of the star symbol found on the "D" class extinguishing agents is the wartime use of the yellow star of David in Nazi Germany. Some of the younger students looked to me for an explanation. I told them that during the reign of the Third Reich under Hitler, Jews were forced to brandish a yellow star. Forcing us to recall the haunting image of piles of winter coats with stars pinned to them, stacked inside concentration camps is wholly inappropriate and disgusting. While I can see the importance of using mnemonic devices as a teaching tool, these two racist and hateful references were not an appropriate learning tool for remembering the classifications of fire extinguishers. Witness list: Members of the Mason County Fire Academy Class of 2019 in attendance. Fire Captain Cody Daggett, Firefighter Hayden Pyle. Location: MCFD 6 Classroom fY.lLY• PM T dhe. PM . anduP4b+IPw. .oPa,+>mw,a w m.0 w.Pr, +i..m+q.wwm Ma y� lwovn,pe.0«dll © S9 «Pu Mnl Nq mmmalNYW C«MUWq.mNN+ This document contains five pages Page 2 of 5 FIRE DEPARTMENT PERSONNEL & INSTRUCTOR COMPLAINT MASON COUNTY FIRE DISTRICT SIX "MCFD 6" "TWO" Monday, April 15, 2019 Mason County Fire Academy Instructor and MCFD 6 Chief Clint Volk Complaint: Altering the AHJ for MCFD 18 testing mandate for SCBA donning time. The Chief, Fire Captain and Commissioner "Mike" Murray from my department, MCFD 18, have informed me that the the AHJ for MCFD 18 has a testing mandate to don SCBA within 90- seconds. Chief Clint Volk unlawfully altered this time to 60-seconds. I was the only older volunteer from Mason County still participating by the second month of class. The other older volunteers either quit or suffered injuries during live fire training and were unable to continue. It was becoming clear to me that as a rural, middle aged volunteer firefighter, it was difficult to keep up with the balance of the Mason County class with an average age of about 20 years old. I am able to consistently don my SCBA between 60-80 seconds. Chief Volk informed me and the entire class on three or more separate occasions, "failure to don SCBA under 60-seconds will result in failure of the entire FFI program". Witness list: Members of the Mason County Fire Academy Class of 2019 in attendance. Fire Captain Cody Daggett, Firefighter Hayden Pyle. Location: MCFD 6 Classroom and engine bay This document contains five pages Page 3 of 5 FIRE DEPARTMENT PERSONNEL & INSTRUCTOR COMPLAINT MASON COUNTY FIRE DISTRICT SIX "MCFD 6" "THREE" Monday, April 15, 2019 Mason County Fire Academy Instructor and MCFD 6 Chief Clint Volk Complaint: Paramilitary teaching atmosphere. Chief Clint Volk conducts the SCBA portion of the Mason County Fire Academy in a Paramilitary manner with teaching methods such as, but not limited to; "Keep up or get left behind" and "education by humiliation". Other inappropriate teaching methods included name calling. Chief Volk referred to me as "The Obstructionist" on several occasions both in the classroom and in the class group text message. In my measure, this name calling was politically motivated. As an older, rural volunteer, this atmosphere is unnecessary and unsustainable. I do not see how teaching with humiliation and name calling are effective teaching or leadership strategies. My experience with Chief Clint Volk during this activity was not a quality learning experience but instead a humiliating experience with his rhetoric of "those in the class that do not meet the 60-seconds will then make the entire class redo the evolution again." Witness list: Members of the Mason County Fire Academy Class of 2019 in attendance. Fire Captain Cody Daggett. Class of 2019 group text messages. Location: MCFD 6 Classroom, engine bay and text messages. This document contains five pages Page 4 of 5 FIRE DEPARTMENT PERSONNEL & INSTRUCTOR COMPLAINT MASON COUNTY FIRE DISTRICT SIX "MCFD 6" "FOUR" Monday, April 15, 2019 Mason County Fire Academy Instructor and MCFD 6 Chief Clint Volk Complaint: Removal from class without notice. Chief Clint Volk expelled me from the Mason County Fire Academy as retribution for my inquiry with the WSP regarding SCBA donning testing times. Under the Chain of Command, as a Mason County Fire Chief and as the Mason County Fire Academy lead instructor, Chief Volk's mandate was clear and unambiguous; if it takes any student 61-seconds to don their SCBA, they fail, they fail the entire academy. I followed the Chain of Command as I interpreted it and sought information from the Washing State Patrol Fire Marshals office oversight personnel. It's important to point out that prior to my expulsion from the academy, I have never received any performance, attendance or behavior concerns in writing or verbally by any instructor or member of my department, ever. Chief Clint Volk's asymmetrical and unilateral act of retribution to remove me from the MCFD 6 Fire Academy has caused me real damages. It was a clear overreach, disproportional, vindictive and harmful act. This document contains five pages Page 5 of 5 BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of April 8,2019 Monday,April 8,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty and Trask were in attendance. Commissioner Neatherlin was absent. • Fifth Tuesday meeting on April 30'h.Cmmr.Shutty noted that WSDOT will be holding a meeting the week before on April 22°a.Because of this he did not feel a meeting would be necessary. • Strategic Plan-Cmmr. Shutty and Trask asked if they had any newer data to compare to as most of the comparables were from before the recession.He asked Frank to speak with Christina to work on how to move forward even if there was no newer data. • Building 10 RFQ-Frank said he is working towards getting more information to the Board next week. • Out of class pay in Clerk's office-Cmmr. Shutty and Trask said they were fine moving forward with this.Discussion was then had about the Clerk's office and compliance with the State Auditor. • Elected Official salary review-Frank talked about variables and necessary clarification to move forward.Cmmr. Shutty said he would like to tie electeds to the salary of the commission,and would like to tie the Sheriffs salary to 5%above the undersheriff salary. o In regards to creating a salary commission,Cmmr. Shutty believes that is not the right step for the County at this time.He noted the difficulties in appointing a ten person commission and also staffing that group. • Property sales on E.Hyland Drive-The buyer has counter offered at$65,000.Cmmrs.Shutty and Trask told Frank to accept the offer. • Timber Board-Cmmr.Trask asked said that after learning of this board,someone should sit on it.Cmmr.Shutty suggested she contact WSAC to find more information and to see if there is a cost to join. • Rahn Redman-Frank said crews were on site to determine the amount of timber on the property which should be coming forward soon from Public Works.Cmmr. Shutty said he would contact Rahn to let him know of the update. 9:30 A.M. Community Services—Dave Windom Commissioners Shutty and Trask were in attendance. • All staff meeting will be held April 26,2019.Kristopher Nelsen said he would have a news release ready for the April 160'meeting.Dave briefed the agenda for the meeting and discussed some of the topics they will review. • Treatment sales tax-Todd spoke about all of the individuals served over the last nine months. Because of the number of individuals assisted,they are going to be short almost$2500 until the contract ends in June.Cmmr. Shutty asked if the amount is available in the TST fund,which Todd said it is.The Cmmrs.approved moving forward. • Kell Rowen brought forward proposed amendments to height limits in the Belfair,Allyn and Shelton UGA's.She noted that the Belfair UGA limits will be discussed at an upcoming Planning Advisory Commission hearing on April 15*.Cmmr.Shutty spoke about view lines but praised Kell's proposed amendments. • Flood damage prevention ordinance(FDPO)-Kell said FEMA updated the Special Flood Hazard Area maps.Because of this update,the County is required to update the FDPO before the maps become official on June 20,2019.She will be presenting this to the Planning Advisory Commission and will then bring forward to the Board for final approval.Discussion was had about the Skokomish Valley and it's designation on the updated maps. A hearing will be scheduled to update the FDPO. • Discussion of WRIA 15 and the status of projects that impact streams. • The position title for Lead Plans Examiner needs to be amended by removing"Lead". This is on Tuesday's agenda for approval to fill the position. Mason County Commissioners'Briefing Meeting Minutes April 8,2019 • April 24 will be interviews for the Health Officer. There are three candidates. 9:50 A.M. Mason County Sheriffs Office—Sheryl Hilt Commissioners Shutty and Trask were in attendance. Commissioner Neatherlin was absent. e Sheryl presented an amendment to the service contract between the Sheriff's Office and Healthcare Delivery Systems for inmate health care services. The amendment increases the contract about$17,560 and they will try to cover the increase with their operating budget. Sheryl stated the 5-year average for Mason General is about$84K. The amendment was approved to place on the April 16 agenda. 10:00 A.M. BREAK 10:05 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Shutty and Trask were in attendance. Commissioner Neatherlin was absent. • Diane Sheesley provided an update on Mason Lake Road/Lake Limerick overlay repairs that will begin in about three months. • Bart Stepp has submitted his resignation and the position will be filled. There are a number of big utility projects and filling the position will be important. • Jerry understands that for the PSIC project,Mason County will be offered a$2M grant/$9M loan. There was a discussion about funding options including having the loan payment deferred. • Diane reported they will brief next week regarding CRAB's issue with purchasing the Sheriff vehicles in 2018. 10:20 A.M. Court Clerk—Sharon Fogo Commissioners Shutty and Trask were in attendance. Commissioner Neatherlin was absent. • Sharon briefed on additional revenue of$1,020 from Administrative Office of the Courts for replacement of one computer and purchase of three monitors. 10:25 A.M. WSU Noxious Weed Control Board—Pat Grover Commissioners Shutty and Trask were in attendance. Commissioner Neatherlin was absent. • WA State Department of Agriculture contract#K2676 for eradication of the Class A noxious weed"Giant Hogweed"was approved to place on agenda. 10:30 A.M. Review of Budget Advisory Committee's Recommendations&Reserve Policy—Frank Pinter Commissioners Shutty and Trask were in attendance. Commissioner Neatherlin was absent. • Frank reviewed the Budget Advisory Committee's recommendations from 2018. The primary citizen recommendation is for the County to pursue a citizen led multi-year lid lift to be used for criminal justice and public safety needs. Other recommendations-continue to annually review fees and increase as necessary;pursue voter-approved county-wide MPD;fund the construction of a new jail facility with a voter approved criminal justice levy of up to$.50 per thousand of assessed property value for six years and initiate a.3%sales tax increase to be used for inmate outsourcing;have staff review(upon review and concurrence of juvenile professionals)the opportunity to outsource the current Juvenile Detention services to Kitsap County for north end citizens and to Thurston County for south end citizens. Cmmr. Shutty interjected that we know there has been a problem with the judges regarding outsourcing juvenile detention services. He asked what is the capacity of the Juvenile Detention facility and what is the opportunity for in-sourcing. Frank believes the capacity is seven beds and typically no more than half the beds are used. Cmmr.Shutty asked the cost for providing juvenile detention services and this may offer the opportunity to discuss efficiencies. The final recommendation is to provide opportunities for employees to work more efficiently by using electronic services and LEAN practices. Cmmr. Shutty asked this be included in our Strategic Plan. Frank also brought forward the recommendations from 2014 from the Public Safety and Criminal Justice Task Force.Recommendation 1 —shift an additional$1 M from Roads Fund to the General Mason County Commissioners'Briefing Meeting Minutes April 8,2019 Fund(in addition to the current amount of$1.2M);Recommendation 2—use the additional$1 M for non-personnel improvement and equipment needs of the criminal justice community; Recommendation 3-create campaign committee to pursue a voter approved"lid lift"campaign to make the county levy"average"to its comparable counties. Frank will contact the school district to see how they organized the school levy campaign committee. Recommendation 4—create a campaign committee to pursue a voter approved county/city Metropolitan Park District(MPD). The two citizen committees suggested two identical recommendations—support the efforts of campaign committees for a levy lid lift and create a MPD. The Lid Lift put to a vote in November 2017 lost and the MPD in November 2016 lost. There were no citizen committees to disseminate a public education campaign and no community engagement. The Commissioners did not participate in development of a plan as to how the Park District would function. Lessons learned from previous failed votes—citizen involvement is necessary;public educational outreach campaign is needed and solicit collaboration with regional partners. Frank provided information on a multi-year lid lift. If this is pursued,a resolution must be submitted to the Auditor by May 10,2019 for the 2019 ballot. Revenue potential could be an additional$4,579,252.91 and the cost for a homeowner with a home value of$150,000 would be $55.50 a year in additional property taxes. Frank then provided information on the ability of the Commissioners to levy shift from the Roads Fund to the General Fund and the potential impact to other taxing districts. For 2019,a levy shift would have generated$3.2M into the General Fund. Additional information on a Metropolitan Park District was provided along with a Criminal Justice Tax levy,the Public Safety Sales Tax and outsourcing Juvenile Services. Summary:multi-year lid lift max revenue is$4.5M,needs voter approval;levy shift max revenue is$3.2M,no voter approval necessary;the formation of a MPD saves the County about$490,000 and requires voter approval;fee review should generate$275,000 annually;Criminal Justice Tax levy$4M/year and$25M in six years,requires voter approval;Public Safety Sales Tax at 3% generates$1,2M annual and requires voter approval;outsource Juvenile Services could save $690,000 and requires Courts and professional review. This will brief again next week and if the Board wants to place an item on the ballot,a resolution will need to be approved by end of April. 11:15 A.M. Juvenile Services—Mike Dunn Commissioners Shutty and Trask were in attendance. Commissioner Neatherlin was absent. • Request to fill position approved. Adjourned at 11:30 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5th Street, Shelton, WA March 19, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance — Prosecuting Attorney Michael Dorcy led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Carl Soper sent in an application for the Board of Equalization. 4.1.2 Richard Fredrickson sent in a letter regarding Mason County's current long haul transportation and disposal contract with Republic Services. 4.1.3 William Bezanson sent in an application for the Lewis/Mason/Thurston Area Agency on Aging Advisory Board. 4.2 Public Notice-Spring application of herbicides for vegetation control along county roads on or after Monday, April 1, 2019. Staff: Jerry Hauth 4.3 News Release- Park Host needed for Mason County, Mason Lake Park Staff: Ross McDowell 5. Open Forum for Citizen Input— None. 6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes- February 25 and March 4, 2019 briefing minutes; February 19, February 26, March 5, and March 12, 2019 Regular Meeting Minutes. Cmmr. Trask/Neatherlin moved and seconded to approve the February 25 and March 4, 2019 briefing minutes and the February 19, February 26, March 5, and March 12, 2019 Regular Meeting Minutes. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to amend Resolution 61-08 setting the salary of the Chief Deputy Prosecuting Attorney at 75% of a Superior Court Judge Salary. (Ex.A—Res. 22-19) 8.2 Approval of an ordinance describing amendments to Title 17, relating to the Belfair Urban Growth Area (UGA) adopted on December 5, 2017. (Ex. B- Res 23-19) 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8062936-8063078 $ 374,547.20 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ 8.4 Approval of the following 2019 Mason County Heritage Grants in the amount of$11,521: • Pickering Community Club- $4,746 towards the cost of a roof replacement for the Grant School House. • Great Bend Center for Music- $4,000 towards the cost of commissioning a new piece of music incorporating Salish and settler musical themes which will premiere at Carnegie Hall in 2019. The music will also be performed locally and will be available for future performances. • Mason County Historical Society- $2,775 to purchase a 36"scanner for historic maps. 8.5 Approval of a resolution designating East MCRA Road with an honorary road sign reading "Schuffenhauer Way" in honor of Kerry Schuffenhauer. (Ex. C- Res 24-19) BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS March 19, 2019 - PAGE 2 8.6 Approval to execute the Annual Certification for Calendar Year 2018; Certification of Expenditures for Traffic Law Enforcement-2018; and, Certification for Expenditures for Fish Passage Barrier Removal-2018. The certifications will be included in the annual submittal to the County Road Administration Board by the Department of Public Works. 8.7 Approval for Mason Conservation District to apply for end of biennia funding in the amount of $38,000 for education and outreach for the Voluntary Stewardship Program (VSP). 8.8 Approval of the Memorandum of Understanding (MOU) between the Mason County Prosecuting Attorney and Woodworkers Local Lodge W38, I.A.M. to reflect the new pay scale, effective April 1, 2019. 8.9 Approval of the contract amendment to the Visitor Information Center contracts for 2019 enhanced visitor information services. This increases the contracts by the following: Shelton Mason Chamber of Commerce, $12,600 and North Mason Chamber of Commerce, $7,200. 8.10 Approval to amend Resolution 17-19 to revise the Non-Represented Salary Scale Range Alignment by approving a 1.5% general wage increase and removing the Chief Deputy Prosecuting Attorney from the Non Represented Salary Scale effective April 1, 2019. (Ex. D-Res 25-19) 8.11 Approval of a resolution, effective April 1, 2019, for participants of the PEBB Medical program, which allocates through the pooling method, $937.58 per month County contribution for all employee single enrollments on medical, and $1,376.75 per month for Teamsters General Services and Probation Collective Bargaining Agreements in place, but not ratified on January 1, 2019 with dependent enrollments, and $1,428.75 per month for all Elected Officials, eligible Non Represented, and Collective Bargaining Agreements (Community Family Health, Deputy Prosecutors, & Public Defenders) in place and ratified on January 1, 2019. (Ex. E—Res 26-19) Tom Davis asked to have item 8.1 and 8.10 aside for discussion. Cmmr. moved and seconded to approve action items 8.2 through 8.11 with the exception of item 8.10. Motion carried unanimously. N-aye; S-aye; T-aye. 8.1 & 8.10- Frank Pinter explained that the Prosecutor's office had various deputy prosecutors leave due to low pay compared to that of other neighboring counties. The Chief Deputy Prosecutor salary is now being adjusted as a member of the criminal justice team. Tom Davis spoke against the pay increase being at 75% of a Superior Court Judge Salary. He said this is a clear case of cherry picking because the salary will only be raised for one person. Tom said it is not right that this salary jump is so high when the rest of the non represented employees only get a 1.5% increase. He noted that the Deputy Prosecutor does deserve a raise, but said such a jump is bad policy. Mike Dorcy, Mason County Chief Prosecuting Attorney, noted that three attorneys have left in a short amount of time, and the current attorneys on staff are carrying too large of a load right now. In the last two rounds of interviews held since November 2018, every single candidate has turned down the position when offered due to low pay. Mike spoke to how this decision was made with the help of the Commission and Frank Pinter. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS March 19, 2019 - PAGE 3 Cmmr. Neatherlin/Trask moved and seconded to amend Resolution 61-08 setting the salary of the Chief Deputy Prosecuting Attorney at 75% of a Superior Court Judge Salary. Motion carried unanimously. N-aye; S-aye; T-aye. 8.10 Cmmr Trask/Neatherlin moved and seconded to amend Resolution 17-19 to revise the Non-Represented Salary Scale Range Alignment by approving a 1.5% general wage increase and removing the Chief Deputy Prosecuting Attorney from the Non Represented Salary Scale effective April 1, 2019. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items set for a certain time- 10.1 Public Hearing to consider the sale of surplus parcel 22213-11-60030 on Bucktail View Road. Continued from February 26, 2019. Staff: Frank Pinter Frank said the Feasability Study is not yet complete and asked to table the hearing once more to April 8, 2019. Cmmr. Trask/Neatherlin moved and seconded to table the hearing to April 8, 2019. Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to consider the following budget amendments to the 2019 budget: • $11,379 Increase to Community Services Health Fund 150: Ending Fund Balance & Increase to Community Services Health Fund 150: Revenue • $11,379 Decrease to Community Support Services Fund 117: Ending Fund Balance & Increase to Operating Expense • $100,000 from Community Support Services Fund 117: Ending Fund Balance to Housing Authority Expense • $25,382 from Current Expense Non-Departmental (001.300): WA Paid FMLA to Various Current Expense Departments on file with the County Budget Office: WA Paid FMLA • $47,925 from Current Expense (001.320): Ending Fund Balance to Auditor's Elections Department 001.030: Various Salary & Benefit Lines • $600 from Current Expense (001.310): Transfers Out to Mason County LTGO 2013 Bond Fund 215: Transfers In Total Budget Amendments: $196,665 Jennifer Beierle read through the transfers. No public comment was received. Cmmr. Neatherlin/Trask moved and seconded to approve the following budget amendments to the 2019 budget: $11,379 Increase to Community Services Health Fund 150: Ending Fund Balance & Increase to Community Services Health Fund 150: Revenue $11,379 Decrease to Community Support Services Fund 117: Ending Fund Balance & Increase to Operating Expense $100,000 from Community Support Services Fund 117: Ending Fund Balance to Housing Authority Expense BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS March 19, 2019 - PAGE 4 $25,382 from Current Expense Non-Departmental (001.300): WA Paid FMLA to Various Current Expense Departments on file with the County Budget Office: WA Paid FMLA $47,925 from Current Expense (001.320): Ending Fund Balance to Auditor's Elections Department 001.030: Various Salary & Benefit Lines $600 from Current Expense (001.310): Transfers Out to Mason County LTGO 2013 Bond Fund 215: Transfers In Total Budget Amendments: $196,665 Motion carried unanimously. N-aye; S-aye; T-aye. 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 9:46 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5th Street, Shelton, WA April 2, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 8:58 a.m. 2. Pledge of Allegiance—Sam Severe led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 United States Department of the Interior sent in a letter regarding a proposal to remove the gray wolf(Canis lupus) from the List of Endangered and Threatened Wildlife. 4.1.2 Port of Allyn sent in a letter requesting a speed limit reduction on North Shore Road. 4.1.3 U.S. Department of Homeland Security sent in a letter regarding floodplain management measures for Mason County. 4.2 Public Works Bid Award Information Staff: Diane Sheesley 4.3 Contract Award: Special Project 701-4- Satsop Cloquallum Road Staff:Diane Sheesley 4.4 Proclamation: American Legion Centennial - Cmmr. Trask 5. Open Forum for Citizen Input— 5.1 Chris Drewry spoke about the ties of the VFW/American Legion posts to the creation of Drum and Bugle Corps. He then announced an upcoming jazz concert coming up at North Mason High School to support scholarships for music students. This event will be held April 25, 2019 at 7:00 p.m. 5.2 Darin Holland spoke about Elected Official salaries. He said tying the salaries to (9:14) is irresponsible and could cause budget issues. 6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes- March 18 and March 25, 2019 Briefing minutes; March 26, 2019 Regular Meeting Minutes. Cmmr. Trask/Neatherlin moved and seconded to adopt the March 18 and March 25, 2019 Briefing minutes and the March 26, 2019 Regular Meeting Minutes. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to set a public hearing on Tuesday, April 16, 2019 at 9:15 a.m. to declare the following parcels as surplus: 42002-13-90030, 42002-13-90060, 42002-13-90040, 42002-13-90070, 42002-13-90020 and 42002-13-90080. 8.2 Approval to execute the"Notification of Final Cost" of County Road Construction projects completed in 2018, performed by county forces. 8.3 Approval to appoint Delroy Cox to the Solid Waste Advisory Committee for a three year term ending March 26, 2022. 8.4 Approval to purchase 50 grinder pumps and conversion kits from Correct Equipment for approximately $99,521.63, which is a 20% savings over current contract prices. 8.5 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8063079-8063372 $ 1,506,853.24 Direct Deposit Fund Warrant #s 57570-57939 $ 685,842.57 Salary Clearing Fund Warrant #s 7004312-7004338 $ 475,323.40 BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS April 2, 2019 - PAGE 2 8.6 Approval to set a public hearing on April 23, 2019 at 6:15 p.m. to consider amendments to Title 16, Plats and Subdivisions Code. 8.7 Approval of the Interlocal Agreement (ILA) between Grays Harbor County and Mason County to develop a feasibility study document to review the potential of a regular or individual jail facility. 8.8 Approval to adopt the proposed precinct boundary plan which will divide four current voting precincts into eight new precincts in order to comply with RCW 29A.16.040(2). Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.8. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)-None. 10. 9:15 a.m. Public Hearings and Items set for a certain time— No hearings. 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 9:28 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5th Street, Shelton, WA April 9, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance— Undersheriff Adams led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Mason County District Court Judge, George Steele sent in a letter regarding Trial Court Improvement funds. 4.1.2 Debra (last name unknown) sent a letter on funding for Thurston/Mason Behavioral Health Organization. 4.1.3 Department of the Nary sent in notice of availability of the Northwest Training and Testing draft supplemental Environmental Impact Statement and public meeting announcement. 4.2 Proclamation: National County Government Month - Cmmr. Trask 4.3 News Release-Mason County Cemetery District 1 vacancy Staff: Frank Pinter 5. Open Forum for Citizen Input— No public comment. 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes— None 8. Approval of Action Agenda: 8.1 Approval of the resolution selecting the Shelton-Mason County Journal as the official county newspaper for publishing certain legal publications. (EX.A—Res.30-19) 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 806337-8063521 $ 592,590.60 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for March 2019 $ 1,328,076.90 8.3 Approval of the 2018 extra duty overtime contract between the Mason County Sheriff's Office and the Skokomish Tribe. 8.4 Approval of the 2019 extra duty overtime contract between the Mason County Sheriff's Office and the Lake Cushman Community. 8.5 Approval of the 2019 extra duty overtime contract between the Mason County Sheriffs Office and QFC for their Drug Take Back events. 8.6 Approval of the 2019 extra duty overtime contract between the Mason County Sheriff's Office and the Treasure Island Community. 8.7 Approval to accept a resignation from Michelle Williams effective May 10, 2018 and to approve the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of Michelle's employment with Mason County and to pay the sum of$40,000 as agreed. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS April 9, 2019 - PAGE 2 8.8 Approval to create, post, and fill one full time equivalency (FTE) as a Lead Plans Examiner in the Community Services Department. This does increase the departmental FTE count by one. 8.9 Approval to enter into a Memorandum of Understanding (MOU) with AFSCME to change the Collective Bargaining Agreement to reflect updates to Article 3 per the US Supreme Court Decision in Janus v. AFSCME. 8.10Approval to pay Teri Owen at Range 27, Step 1 of the Non-Represented Salary Range Table for Out of Class Pay from January 1, 2019 to June 30, 2019 for performing duties of a higher classification. 8.11 Approval to release a request for proposals (RFP) for affordable housing. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.11 with the exception of item 8.8. Motion carried unanimously. N-aye; S-aye; T-aye. 8.8 Dave Windom asked to change the title to"plans examiner" instead of"lead plans examiner". He noted that there are not other plans examiners for management to lead so it will just be a single position. Cmmr. Trask/Neatherlin moved and seconded the Approval to create, post, and fill one full time equivalency (FTE) as a Plans Examiner in the Community Services Department. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) 9.1 News Release- Request for Proposal: Affordable Housing Staff: Todd Parker 9.2 Dave Windom announced that the smoking age will be moved to age 21 as of January 1, 2020. He also announced that per House Bill 1497, foundational public health will now be defined and put into code, creating state funding requirements. 10. 9:15 a.m. Public Hearings and Items set for a certain time- 10.1 Public Hearing to consider the sale of surplus parcel no. 22213-11-60030 on Bucktail View, Belfair. Continued from March 19, 2019. Staff: Frank Pinter Frank quickly briefed the history of the parcel and said the sale amount will be $140,000. The purchaser gave up their right to a feasibility study and would like to move forward. No public comment received. Cmmr. Neatherlin/Trask moved and seconded to approve the sale of surplus parcel no. 22213-11-60030 in the amount of$140,000. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex. B—Res.31-19) 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 9:23 a.m. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS April 9, 2019 - PAGE 3 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda X Public Hearing Other DEPARTMENT: Parks &Trails Department EXT: 806 COMMISSION MEETING DATE: 04/23/2019 Agenda Item # g, Commissioner staff to complete) BRIEFING DATE: 04/22/2019 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval of Certification of Sponsor Match form with the Washington State Recreation and Conservation Office (RCO) for the replacement and upgrading of the irrigation system at Mason County Recreational Area (MCRA). BACKGROUND: On April 17, 2018, I applied for a RCO grant (RCO 18-1269) for the replace and upgrade the MCRA fields' irrigation system. The project was accepted and preliminarily ranked 30th for large projects grant category YAC funding 2019 — 2021. At that time, I had not yet received the written estimate from Controlled Rain, so I went by the previous application from 2015 cost with an inflation rate of 3% per year to come up with an estimated cost for the project ($650,000). From that calculation I requested $325,000 for the grant with a equal match of the same amount. On April 25, 2018, I received the written estimate from Controlled Rain with an estimate of $263,470 without cost for the replacement and labor for the water main. On 04/02/2019 I received a notification from Recreation and Conservation Office (RCO) that the Mason County grant proposal for the replacement and upgrading of the MCRA irrigation system COULD be awarded. The Washington State Legislature is currently working on the 2019-21 state capital budget. This budget will include funds for RCO grant programs. The board plans to award grants at its June 2019 meeting, pending approval of the capital budget. C:\Users\mdrewry\Documents\GroupWise\Commission Agenda Item Summary 04-29-2019.doc Attachment A BUDGET IMPACTS: The RCO grant would be for up to $325,000 with matching funding equal to the grant (up to $325,000) which would come from the REET 2 funds balance. Again, Controlled Rain's written estimate, which came in after my application was accepted, of $263,470 plus the cost of the replacement and labor for the water main is more accurate. RECOMMENDED ACTION: Approval of the Certification of Match form contents and allow the Park & Trails Manager to sign the form. ATTACHMENT(S): Certification of match form C:\Users\mdrewry\Documents\GroupWise\Commission Agenda Item Summary 04-29-2019.doc Certification of Applicant Match Organization Name Mason County Project Name Mason County Recreation Area Irrigation Project Number 18-1269D The sources and amounts of our matching share will be: Source of Match Amount EET 2 Funds .............. .._........1........._..- .................... ................. ....... .......... ............................................................................. Total $$325,000 ................................ ....................................... .................... As the authorized financial representative for the above identified organization, I hereby certify that the sponsor matching resources are available for the project referenced above. I further acknowledge that our organization is responsible for supporting all non-cash commitments and donations should they not materialize. Signature Printed Name G. Ross McDowell Title Mason County Parks & Trails Manager Date 04/09/2019 Certification of Applicant Match Form 1/24/2014 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Chief Deputy Dracobly Action Agenda _X_ Public Hearing Other DEPARTMENT: Sheriff's Office EXT: COMMISSION MEETING DATE: Z o Agenda Item # commissioner staff to complete) BRIEFING DATE: 4/1/19 BRIEFING PRESENTED BY: Chief Deputy Dracobly [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Timberlake Extra Duty Contract BACKGROUND: Over any given year MCSO conducts extra duty overtime work for several different groups, businesses, and or other governmental agencies, all of whom are will to reimburse the cost of this work back to the Sheriffs Office. The Timberlake Community has request MCSO to conduct extra duty overtime work in their community. RECOMMENDED ACTION: Sign the contract and reimburse the recovered funds back into the Patrol overtime line through a supplemental budget increase. BUDGET IMPACTS: There will be a request for supplemental increase to the Patrol Overtime line based on funds recovered. ATTACHMENT(S): 2019 Extra Duty Contract with Timberlake Community. C:\Users\jdracobly\Desktop\OT Details\2019\Commission Agenda Item Summary Timberlake contract.doc SHERIFF'SMASON COUNTY EXTRA DUTYSERVICE CONTRACT FOR • Contract Code #Timberlake THIS IS A CONTRACT between the MASON COUNTY SHERIFF'S OFFICE, hereinafter referred to as SHERIFF, located at 322 N 3rd St Shelton WA 98584, and the Timberlake Community Club Inc, herein after referred to as Entity with a billing address: Timberlake Community Club Inc 2880 E Timberlake West Dr Shelton WA 98584 Jointly, the SHERIFF and the ENTITY are referred to herein as the `PARTIES". This is an Extra-duty service contract in which the SHERIFF agrees to provide Deputy Sheriff's to the ENTITY as stipulated in the following provisions: THE PARTIES agree as follows: 1. PERFORMANCE a. The SHERIFF shall provide the ENTITY extra duty Sheriff Deputy services to include: Security, Vehicle speed enforcement, Community Policing, and criminal investigations. b. Specific location of service: As needed for the individual requests throughout the life of the contract. C. Services by more uniformed Sheriff Deputies will be assigned, approved and coordinated through the MASON County Sheriff's Office. d. Assignment of Sheriff Deputies shall be based on the ENTITY's needs and the availability of Sheriff Deputies. e. The Parties shall agree upon the length of assignment for Sheriff Deputies at the time of service. f. Subsequently, if the conditions dictate a need for Sheriff Deputy services over a longer period than is initially specified and agreed upon, any additional hours and dates are nonetheless covered by this contract as renegotiated and agreed upon by the parties. Extra Duty Service Contract 1 g. The ENTITY shall provide the SHERIFF a site familiarization tour for safety of the deputies, familiarity with facility layouts, site terrain and workforce orientation. 2. CONTRACT TERM The provisions of this contract shall be in effect commencing on May 1St 2019 and ending on September 30th 2019. This contract may be extended for up through September 30th of 2020 upon Entity notification. Either party may cancel this contract at any time with thirty days notice to the other party in writing. 3. COMPENSATION The ENTITY shall pay the SHERIFF as full compensation for everything furnished and done under this contract. The overtime rate billed is based on actuals and can be up to $85.00 per hour. The ENTITY agrees to pay for any and all costs incurred by the county under this contract, including but not limited to any costs that may be incurred by the county if the ENTITY cancels the overtime detail. The ENTITY agrees to pay any Sheriff's Deputy services that are requested on the defined HOLIDAYS as agreed upon Sheriff's Deputy Guild contract and Mason County. The rate of pay for HOLIDAYS is 2.5 times their hourly rate. 4. PAYMENT The ENTITY shall pay for the services under this contract in accordance with Paragraph B of the General Terms and Conditions. 5. GENERAL TERMS AND CONDITIIONS 4tg ha read and agree to the Gener I Ter s and onditions set BY: tur Sh i 'si e Rep Jen�tiN Signature .' -Y /10 Printed name Printed name Date Signed: �( 11 1`1 Date Signed: Extra Duty Service Contract 2 Approved as to Form by the Prosecuting Attorney's Office BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty, Chair Randy Neatherlin, Commissioner Sharon Trask, Commissioner Extra Duty Service Contract 3 EXHIBIT "A" GENERAL TERMS AND CONDITIONS A. FEES: The Sheriff has established fees for services as follows: Sheriff Deputy/ Sergeant: Overtime hourly rate is based on a range from bottom step Deputy to top step Sergeant. That range is from $50.00 to $85.00 for 2019. Holiday rate of pay is 2.5 times their individual hour.ly rate of pay All overtime is bid out according to seniority. B. PAYMENT: The Sheriff's Office shall produce a billing to the Entity within sixty- days of the event. The billing shall include dates of service provided. All checks shall be made payable to the MASON County Sheriff and mailed to: MASON COUNTY SHERIFF'S OFFICE Attn: Finance Department 322 N 3rd St Shelton WA 98584 C. DUTY STATUS: Each Deputy Sheriff engaged in extra duty employment of a law enforcement nature is considered to be an on-duty status. Sheriff Deputies are subject to call by the Sheriff of MASON County or his designee at any time for emergencies, special assignment, or overtime duty. Extra duty employment does not infringe on this obligation. Should this occur the organization would be billed only for the hours for which the Deputy was present. D. ADHERENCE TO SHERIFF POLICIES AND PROCEDURES: Sheriff Deputies engaged in extra duty employment are obligated to discharge all duties of their office and to adhere to MASON County Sheriff's Office policies and procedures at all times. E. PRIMARY DUTY TO THE SHERIFF: Extra Duty Service Contract 4 Sheriff Deputies on extra duty assignment have a primary obligation to the SHERIFF, not the ENTITY. They are expected to discharge all duties of their position, to enforce all laws and ordinances, and to adhere to all Sheriff's Office policies, procedures, rules and regulations, as well as meeting the ENTITY's needs. F. NON-DISCRIMINATION: During the performance of this Contract, the ENTITY shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status veteran status, sexual orientation, age or the presence of any sensory, mental or physical disability. G. LIABILITY: Each PARTY shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees and its agents. Each party shall be responsible for its own negligence. H. EVENT SCHEDULING: All events will be scheduled with Chief Deputy Jason Dracobly, 360- 427-9670 x 313, or his designee. 1. DISPUTE RESOLUTION: In the event of a dispute among the parties, both parties shall go before the ADR Alternative Dispute Resolution Center and their decision shall be final. Any legal dispute will be subject to Washington Law. J. COMPLAINTS: Service complaints, questions or issues shall be directed to the On- Duty Shift Supervisor. The supervisor may be contacted via MACECOM (360) 426-4441. Extra Duty Service Contract 5 EXTRA-DUTY DETAIL ENTITY Contract created_ Forwarded for signature_ Signed contract returned_ Authorizing signature by_ Final copy sent to customer Copies to accounting Sign-up created/posted patrol_ Detail logged REALTIME_ Personnel logged REALTIME_ Extra Duty Service Contract 6 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Chief Deputy Jason Dracobly Action Agenda _X Public Hearing Other DEPARTMENT: Mason County Sheriff's Office EXT: COMMISSION MEETING DATE: TBA- �IIZ3�1 Agenda Item # g.3 Commissioner staff to complete) BRIEFING DATE: 4/15/19 BRIEFING PRESENTED BY: Dracobly [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Cost reimbursement agreement with ICAC for training BACKGROUND: Detective Liles has been asked by ICAC to attend training and be a presenter during the 2019 Crimes Against Children Conference in Dallas TX. ICAC will reimburse for all of the training costs. RECOMMENDED ACTION: Sign the contract and reimburse the recovered training costs back into the patrol training line through a supplemental budget increase. BUDGET IMPACTS: There will be a request for supplemental increase to the patrol training line based on funds recovered. ATTACHMENT(S): Cost Reimbursement Agreement 19-00946 C:\Users\jdracobly\Desktop\Commission Agenda Item Summary Template.doc Cost Reimbursement Agreement Agreement#19-00946 THIS AGREEMENT is made and entered into by and between The Seattle Police Department(SPD), a department of the City of Seattle, hereinafter referred to as"SPD", as represented by Chief of Police Carmen Best;and Mason County Sheriff's Office"MCSO"as represented by Sheriff Casey Salisbury, hereinafter referred to as "Subject Party"for purposes of reimbursing personnel training and travel to the 2019 Crimes Against Children Conference, incurred by the Subject Party,a WA ICAC affiliate agency, as requested in advance by SPD. SPD will reimburse the Subject Party's expenses incurred during activities described in Section 2,as requested in advance by MCSO and as specified below. This Cost Reimbursement Agreement contains six (6)Sections. SECTION 1.. TERM OF AGREEMENT The term of the Cost Reimbursement Agreement shall be effective April 1, 2019,and shall end on September 30,2019,following the execution of this Agreement. This Cost Reimbursement Agreement may be modified and/or continued by amendment,as mutually agreed by both parties. SECTION 2. DESCRIPTION OF WORK Under the direction of the Chief of Police, or delegated authorized representative,the Subject Party shall be eligible for approved expenses related to the activities described below. All reimbursable expenses shall be as specified herein, based on requests from MCSO in advance. Preapproved travel costs for Detective Chris Lyles to attend the 2019 Crimes Against Children Conference in Dallas,TX on August 12-15, 2019. Attached and made a part of this agreement is a breakdown of preapproved travel costs as allowed under SPD's federal grant requirements. SECTION 3. REIMBURSEMENT The maximum amount allowed for reimbursement shall not exceed$3,500,during the term of this Agreement. Requests shall be submitted to Kelly Crouch,Seattle Police Department, P.O. Box 34986, Seattle,Washington 98124-4986. The Subject Party shall also include all applicable supporting documentation and receipts to support the request, including a current W-9 form. The Subject Party shall submit requests for reimbursement in accordance with the following restrictions: ➢ Lodging expenses shall adhere to the federal lodging rates or provide a rationale for not using the federal rates(www. sg a�go_v) ➢ Travel expenses shall be the most economical rate available in Coach ➢ Meal expenses must be in accordance with the Federal meal rates(www.itsa.gov) ➢ Ground travel expenses, per federal guidelines ➢ Parking expenses, per federal guidelines ➢ Baggage fees, if applicable ➢ Registration cost, if applicable *Please reference SPD ICAC on the invoice. Agreement#19-00946 Page 1 SECTION 4. FUNDING SOURCE This contract is funded with federal grant funds under CFDA#16,543. The grant is the FY18 Washington ICAC Task Force Program,Award#2018-MC-FX-I<054, All Federal financial and grant management rules and regulations must be adhered to in the execution of this contract. For reference, Federal Grant Award Documents are attached. SECTION S. AMENDMENTS No modifications or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify the Agreement by mutual agreement. SECTION 6. INDEMNIFICATION The Consultant releases and shall defend, indemnify,and hold the City and its officers,employees and agents harmless from all losses, liabilities,claims(including claims arising under federal,state or local laws or regulations)(and including, but not limited to, claims for infringement of any copyright, patent,trademark,or trade secret),costs(including attorneys'fees), actions or damages of any sort whatsoever arising out of the Consultant's performance or nonperformance of the services to be provided under this Agreement attributable to the acts or omissions,willful misconduct, or breach of this Agreement by the Consultant,sub-consultants, its servants,agents,officers or employees. The Consultant's obligations shall not be eliminated or reduced by any alleged negligence on the part of the City. In furtherance of these obligations, and only with respect to the City and its officers, employees,and agents,the Consultant waives any immunity it may have or limitation on the amount or type of damages imposed under Title 51 RCW,or any other industrial insurance,worker's compensation, disability,employee benefit, or similar laws. The Consultant acknowledges that the foregoing waiver of immunity was mutually negotiated, and that the contract price reflects this negotiation. The indemnification provided for in this section shall survive any termination or expiration of this Agreement. NOW THEREFORE,the parties hereto have executed this Agreement by having their representatives affix their signatures below. MASON COUNTY SHERIFF'S OFFICE SEATTLE POLICE DEPARTMENT BY: BY: L ��`v �.�. Casey Sal' bury, 5 erilF Mike Edwards, Captain 322 North 3`d Street 610 Fifth Ave.S. Shelton,WA 98584 Seattle,WA 98124 DATE: Y' 9 — /,? DATE: (-1 /11 j Attachment: Current W9 Federal Grant Requirements Agreement#19-00946 Page 2 BOARD OFCOUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KevinGhudv Choir Randy Nmathod|n, Commissioner Sharon Trask, ComnnianinOn[ MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Tim Whitehead Action Agenda _X Public Hearing Other DEPARTMENT: Commissioners/PA EXT: COMMISSION MEETING DATE: 4/23/19 Agenda Item # Commissioner staff to om lete BRIEFING DATE: Many BRIEFING PRESENTED BY: Commissioners/PA [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Resolution related to the Potlatch Cemetery BACKGROUND: From time to time, the County has been asked about their ownership interest in what is commonly referred to as the Potlatch Cemetery. County staff has performed an investigation into the ownership records related to the Cemetery. The results of that investigation have determined that Mason County has no ownership interest or legal right in the Potlatch Cemetery. RECOMMENDED ACTION: Approval to authorize the Chair to sign the Resolution BUDGET IMPACTS: None ATTACHMENT(S): Proposed Resolution C:\Users\DLZ—I.MAS\AppData\Local\Temp\XPgrpwise\Action Item Potlatch Cemetery.doc RESOLUTION NO. A Resolution stating that Mason County has no ownership interest or legal right in the Potlach Cemetery WHEREAS the Mason County Board of Commissioners have been asked periodically whether Mason County has any ownership interest or legal right in or to a small parcel of land known locally as the Potlatch Cemetery,parcel number 422261260050(the"Property"). WHERAS Mason County staff have investigated this issue and the Mason County Board of Commissioners have determined that Mason County has no ownership interest or legal right in or to the Property. NOW,THEREFORE BE IT RESOLVED by the Mason County Board of Commissioners that Mason County represents that it has no ownership interest or legal right in or to the Property. APPROVED this 23`d day of April, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty,Chair Melissa Drewry,Clerk of the Board APPROVED AS TO FORM: Sharon Trask,Commissioner Tim Wh ,Chief DPA Randy Neatherlin,Commissioner C: Assessor Property Manager MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Commissioners EXT: 747 COMMISSION MEETING DATE: April 23, 2019 Agenda Item # $.S Commissioner staff to complete) BRIEFING DATE: April 15, 2019 BRIEFING PRESENTED BY: Diane Zoren [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to appoint William Bezanson to the Lewis-Mason-Thurston Area Agency on Aging for two-year term ending April 23, 2021. Background: This Lewis-Mason-Thurston Area Agency on Aging is a local governmental agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The Advisory Council makes recommendations to the Council of Governments and staff. Recommended Action: Approval to appoint William Bezanson to the Lewis-Mason- Thurston Area Agency on Aging for two-year term ending April 23, 2021. 4/16/2019 Ocrk� 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: April 23, 2019 Agenda Item # g (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 8063696-8063847 $ 514,555.43 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ 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 $ 7,382,509.30 Direct Deposit YTD Total $ 4,754,732.49 Salary Clearing YTD Total $ 5,208,105.99 Approval of Treasure Electronic Remittances YTD Total $ 1,776,128.16 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8063696-8063847 $ 514,555.43 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) 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: April 23, 2019 Agenda Item # BRIEFING DATE: April 15, 2019 BRIEFING PRESENTED BY: Bart Stepp [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Consultant Contract for the design of the Belfair Sewer extension to Puget Sound Industrial Center (PSIC) Project BACKGROUND: Mason County has in the Capital Facilities Plan a sewer project to extend a sewer line to the Puget Sound Industrial Center in Bremerton to provide sewer service. The County has a $499,550 Department of Commerce Grant from a 2017 Capital Budget Appropriation towards the design of this project and signed an agreement with the City of Bremerton for the City to provide up to $1,000,000 in additional funds for the design. The County submitted a Request for Qualifications from the consultants on its MRSC Roster. The County received Statements of Qualifications from Kennedy Jenks, Skillings Connolly, Gray & Osborne, and Parametrix. The County review committee members of Bart Stepp, Jerry Hauth, Loretta Swanson, and Robert Choate all selected Kennedy Jenks as the top firm. The City of Bremerton also reviewed the SOQ's. The County worked with Kennedy Jenks to develop a scope and fee that would meet the County needs. The first part of the project will be to complete a General Sewer Plan Amendment by the end of 2019 and submit that to Ecology. The second part of the project would be to complete the design of the preferred collection system extension. Since the work of the General Sewer Plan Amendment will determine where that collection system is located and how it will be constructed, the scope and fee for the second part of the project will be an amendment to the contract once the first part is completed. BUDGET IMPACTS: The Commerce Grant and funds from the City of Bremerton will pay for this project. The Commerce Grant is a reimbursable grant so the Belfair Sewer Fund #413 will need to carry enough cash to pay for consultant invoices and then be reimbursed on a monthly basis. RECOMMENDED ACTION: Recommend the Board approve the contract with Kennedy/Jenks Consultants, Inc. in the amount of $439,816 for the Belfair General Sewer Plan Amendment and Preliminary Design Report for the Sewer Extension to PSIC. Attachments: Contract MASON COUNTY and KENNEDY/JENKS CONSULTANTS, INC. PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Kennedy/Jenks Consultants, Inc. referred to as"CONTRACTOR." RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: Completion of planning and design for the Belfair Sewer Extension to Puget Sound Industrial Center Project; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start April 23, 2019. Services Outside of Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties. Compensation: The CONTRACT total value is not to exceed $439,816 unless amended by COUNTY and CONTRACTOR. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. 1 CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in "Exhibit B Compensation" and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit B Compensation. Where Exhibit B requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit B, by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit A or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"), COUNTY will not reimburse the CONTRACTOR for any costs or 2 expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit A. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. 3 Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: CONTRACTOR further certifies, by executing this CONTRACT, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. CONTRACTOR also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between CONTRACTOR and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and CONTRACTOR agrees to include this clause titled 4 "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction"without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "General Service Administration List of Parties Excluded from Federal Procurement or Non- procurement Programs" is available to research this information at http://epis.arnet.gov/. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. Any modification or reuse of such materials for purposes other than those intended by this CONTRACT shall be at COUNTY's sole risk and without liability to CONTRACTOR. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data, maps, as- builds, and reports prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by 5 COUNTY's Auditor's Office. Prior notice will be provided and the review may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. Defense and Indemnity Contract: To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property which 1) are caused in whole or in part by any negligent or wrongful act or omission of CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with breach of this CONTRACT by CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; for the value of the CONTRACT or $1,000,000, whichever is less. This indemnification obligation of the Provider shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY, its employees or agents. In the event of the concurrent negligence of 6 CONTRACTOR, its subcontractors, employees or agents, and COUNTY, its employees or agents, this indemnification obligation of CONTRACTOR shall be valid and enforceable only to the extent of the negligence of CONTRACTOR, its subcontractors, employees and agents. This indemnification obligation of CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Deputy Director/Utilities and Waste Management and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Jerry Hauth, PE Public Works Director Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 (360) 427-9670 x450, jhauth co.mason.wa.us CONTRACTOR's Primary Contact's Information: Travis Tormanen, PE Vice-President Kennedy/Jenks Consultants, Inc. 32001 32"d Ave, South Suite 100 Federal Way, WA 98001 (253) 835-6400, TravisTormanen(a-)-kennedyienks.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: 7 Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. However, COUNTY will not terminate this CONTRACT for cause without providing CONTRACTOR written notice of the breach and a reasonable opportunity to cure. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion that such termination is necessary due to a decrease in available project funding. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has 8 given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within one (1) year after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than one (1) year prior to a written request or demand for arbitration issued under this CONTRACT are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or 9 applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY or CONTRACTOR to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. Kennedy/Jenks Consultants, Inc. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Travis Tormanen, Vice-President Kevin Shutty, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 10 EXHIBIT A SCOPE OF SERVICES Project Title: Belfair Sewer Extension Project Background Washington Station Department of Transportation(WSDOT)is planning to construct a new freight corridor to route regional,through traffic around the town of Belfair.The proposed SR-3 Freight Corridor (Freight Corridor)will run east of the existing SR-3 highway adjacent to the Belfair Water Reclamation Facility(WRF).Mason County (County) in partnership with the City of Bremerton(City)wishes to extend sewer along the Freight Corridor alignment between the Puget Sound Industrial Center and the WRF to expend the existing service area. Extending sewer service from the WRF to the terminus of the Freight Corridor will enable the County to expand sewer service to potential development area east along the existing SR-3 to the Puget Sound Industrial Center(PSIC).The County wishes to incorporate this design package into the WSDOT contract for the Freight Corridor and have it bid as a part of that project. Mason County selected Kennedy Jenks(Contractor) to amend the latest General Sewer Plan (GSP)to include the proposed service areas and prepare bid documents for sewer extension project between the WRF and the terminus of the Freight Corridor,which is anticipated to include two sewer lift stations and associated gravity and pressure main. • Project 1 -SR-3 Freight Corridor Sewer System Pre-Design and GSP Amendment • Project 2-SR-3 Freight Corridor Sewer System Design This initial scope of work consists of Engineering Services to perform Project 1-Freight Corridor Sewer System Pre-Design and GSP Amendment. Project 2 scope,schedule and fee will be developed based on the findings and recommendations of Project 1 and approved by written amendment after the project is better defined during the Project 1 evaluations. As no portion of the contract may be assigned or subcontracted to any other individual,firm or entity without the express and prior written approval of County,the following subcontractors shall be approved for this project: • BHC Consultants • Landau Associates,Inc. • KPG • Lithic Analysts Project 1-SR-3 Freight Corridor Sewer System Pre-Design and GSP Amendment Contractor will develop a preliminary design for the Freight Corridor Sewer System and prepare a GSP Amendment for submission to the Washington State Department of Ecology (Ecology). Task 1-Kick-off Meeting Contractor Services: 1. Kickoff Meeting a. Prepare for,attend,and facilitate the kick-off meeting with the County and design team members.The meeting is anticipated to have a 4-hour duration and will be attended by up to 5 design team staff. b. Client stakeholders,planned roles and responsibilities,project scope,schedule, budget,project controls processes,deliverables,workshops,key deliverable dates and milestones,and key technical issues shall be discussed.Contractor shall prepare and submit a meeting agenda and meeting notes. Deliverables: • Kick-Off Meeting Agenda(Electronic,Adobe Acrobat format). • Kick-Off Meeting Notes(Electronic,Adobe Acrobat format). Task 2-Review Existing Background Data Contractor Services: 1. Submit information request to County regarding supplemental information needed to perform work in this scope. 2. Review preliminary work completed by County. 3. Review existing draft General Sewer Plan(Belfair/Lower Hood Canal Water Reclamation Facilities Plan Supplemental Information) 4. Review the PSIC Sub-Area Plan Completed by the City of Bremerton 5. Review the latest Freight Corridor highway design from WSDOT's consultant. 6. Participate in a Stakeholder Objectives Workshop with key project stakeholders to discuss project goals and objectives. 7. Provide anticipated schedule of work. County Responsibilities: • Provide information requested by Contractor to extent possible • Provide list of agencies that should be included in Stakeholder Objectives Workshop • Provide key staff to participate in Stakeholder Objectives Workshop • Provide timely review and comments to meeting notes from each workshop. Assumptions: • Workshop will be held at County or City facilities • Workshop will include key stakeholder representatives who have the authority to weigh-in on important decisions or experience to provide technical guidance matter. Deliverables: • Comprehensive information request for supplemental background data to review. • Stakeholder Objectives Workshop meeting agenda and meeting notes Task 3-Prepare Pre-Design Report with Cost Estimates Contractor Services: 1. WSDOT Utility Permitting and Approvals a. Coordinate with project team and WSDOT to develop and secure the WSDOT utility permit approvals required for the project improvements located within WSDOT Limited Access and right of way(ROW). The exact nature of utility permit requirements with WSDOT is not known at current time but will be determined as part of Task 3 work. For the purposes of this scope of work,the Contractor is the lead for submitting/obtaining the following permits from WSDOT: ■ Application for Utility Permit or Franchise (DOT Form 224-696) ■ Utility Facility Matrix(DOT Form 224-696) ■ Utility Facility Exhibit-Exhibit to identify utilities crossing limited access/WSDOT ROW by station/offset,milepost,utility desecration,and method of construction ■ Limited Access Break/Encroachment Request/Checklist 2. WSDOT Coordination Meeting a. Contractor will prepare for and attend coordination meetings with the project team and WSDOT during the development of the utility permits. Up to six (6) meetings are assumed for this effort. 3. Preliminary Geotechnical Evaluation a. Review readily available geologic/geotechnical information for the vicinity of the project corridor. b. Conduct a brief site reconnaissance of the project corridor.The purpose of the reconnaissance will be to collect information on the general nature and physical features of the project area. c. Prepare a technical memorandum to document preliminary conclusions and recommendations along with supporting information. 4. Wetland/Waterway Reconnaissance a. Conduct a wetland/ waterway reconnaissance using guidance provided in the 1987 US Army Corps of Engineers(USACE) Wetlands Delineation Manual(USACE 1987),the 2010 USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual(USACE 2010),and Ecology's Determining the Ordinary High Water Mark for Shoreline Management Act Compliance in Washington State (Anderson et al.2016). b. Review environmental information from readily available public domain resources to gain a general understanding of potential wetland and waterway issues at the site.Public domain resources consist of: i. WSDOT SR3 Freight Corridor documentation ii. Natural Resources Conservation Service Soil Survey data iii. National Wetlands Inventory mapping iv. Local Critical Areas mapping v. US Geological Survey topographic mapping vi. Recent aerial photography c. The field investigation will include an examination of vegetation,soils,and hydrology within the study area of the proposed project. Informal sampling points will be recorded to document wetland presence or absence.If present, wetland and surface water boundaries will be estimated on project mapping. Any wetland habitat within and beyond the study area,and within 300 feet will be estimated both visually and using public domain resources to assess their extent. d. Prepare a wetland reconnaissance technical memorandum: i. A summary of the methodology used ii. The size and rating of each wetland;including a characterization of wetland vegetation,soils,and hydrology;and the location and stream type of waterways iii. A scaled site map showing the approximate locations of wetlands/waterways and buffers iv. Supporting photographs. 5. Environmental Permitting and Approval Plan a. Develop an Environmental Project Permitting and Approvals Plan(the Plan), which will address all environmental permits and approvals needed for the project.The Plan will include a detailed schedule for obtaining each permit and/or approval. b. The schedule will identify each permit/approval and show discrete activities for draft application development,review of each application by agency, incorporation of agency comments and revising the applications (if necessary),submittal of application to the approving entity,preparing responses to approving entity comments,agency review of responses, resubmittal to the approving entity,and anticipated duration for obtaining final approval. 6. Cultural Resources a. Identify and evaluate possible impacts to archaeological and historical cultural resources within the scope of the sewer pipeline and pump station portion of the overall project through research of existing archival documentation and data. Archival research consists of: i. Check of the Washington state site inventory and records (WISAARD) at the Department of Archaeology ii. Historic Preservation(DAHP)will be conducted prior to any field activity in order to determine the locations and character of sites already recorded in the project area and its vicinity. Previously recorded locations of archaeological sites may be identified and noted. b. Perform field pedestrian assessment after completion of the background research to verify field conditions,to identify and record historic properties and archaeological sites,and to update existing site inventory forms with the DAHP.Pedestrian survey will include hand excavation of shovel test probes (STPs),where appropriate. c. Present the results of these investigations in an electronic technical CRS report to present the results of archival and field investigations,and provide recommendations for eligibility and treatment of documented sites and for any additional discovery measures needed including the potential for construction monitoring in potentially sensitive locations. 7. Concept Development Workshop a. Participate in a Concept Development Workshop with the County and City to discuss conceptual design alternatives and approaches to the project based on latest information available from WSDOT's consultant 8. Conceptual Cost Estimates a. Prepare conceptual level design and planning level cost estimates for the alternatives that were identified in the Concept Development Workshop 9. Alternatives Selection Workshop a. Participate in Alternatives Selection Workshop with the County and City to select a preferred alternative to take into preliminary design. 10. Preliminary Design Report a. Prepare a Preliminary Design Report including maps/figures and pipeline and pump station alternatives evaluation to determine the recommended project and approach to civil,grading,utilities,geotechnical/structural,site power,instrumentation and controls,environmental and cultural resources. b. The Preliminary Design Report will consist of the following chapters: • Executive Summary • Chapter 1 Introduction and Background • Chapter 2 Basis of Design Criteria • Chapter 3 Gravity Collection System Evaluation • Chapter 4 Pump Station and Forcemain Evaluation • Chapter 5 Recommended Plan and Estimated Cost • Chapter 6 Site Civil,Grading and Utility Coordination • Chapter 7 Geotechnical and Structural Design Criteria • Chapter 8 Site Electrical and Facility Power • Chapter 9 Instrumentation and SCADA • Chapter 10 Environmental Permitting • Chapter 11 Cultural Resources • Appendices c. Prepare and submit draft Preliminary Design Report for the recommended plan based on direction received from the Alternatives Selection Workshop for County review. d. Conduct Preliminary Design review meeting with County and Department of Ecology. e. Prepare final report incorporating review comments and submit to County and Department of Ecology. County Services: • Provide key staff to participate in Concept Development and Alternatives Selection Workshops. • Provide timely review and comments to meeting notes from each workshop. • Where data is not available or in the format requested,industry standard practices and County assistance will be used to fill in data or formatting gaps. • County GIS or other existing source will be used for developing map figures. • County staff will participate in the development of acceptable population/employment,flow and loading projection methodologies. • Wastewater flow data for existing residential,commercial or industrial entities within the PSIC/Bremerton portions of potential new service areas that might be used in analysis will be made available in a single,non-iterative data source. • FCS Group will be separately retained by Mason County for financial planning. FCS Group report will be included in GSP Amendment Appendix and summarized in the report. • Provide timely review of Draft Preliminary Design Report Assumptions: • All documents to be submitted in electronic (PDF)format unless otherwise noted. • WRF process and hydraulic design criteria will be readily available through existing data sources. • Process modeling of the WRF will not be performed as part of the GSP Amendment analysis. • Contractor will not separately develop sizing of collection system facilities to serve new areas. • Existing biosolids beneficial uses and disposal practices will be continued. No alternative beneficial uses will be evaluated. • WDOT's consultant will release progress updates on highway design project(profile and alignment drawings,etc.),environmental permitting information,geotechnical investigation information and reports,and survey data. • Field explorations along the project corridor will not be performed. • Wetland/Waterway Reconnaissance does not include formal delineation of wetlands and the ordinary high-water mark(OHWNI)in the field. • No additional wetlands/waterways beyond the SR3 Freight Corridor Project occur in the sewer extension project area • Contractor will be provided the most recent copies of WSDOT critical areas delineation report(s)from the SR3 Freight Corridor Project • Wetland field investigation will be limited to areas of the sewer extension project that are outside the SR3 Freight Corridor Project area • The segment of the sewer extension that is proposed along SR 3 will occur within the right-of-way(ROW) or and adjacent utility corridor of the SR3 Freight Corridor Project • Wetland and waterway location/boundaries identified will be estimated on aerial photographs • Completion of new wetland rating forms is not included in this task. • Access permission to the study area will be provided by the County for Contractor personnel • WRF liquid and solid stream capital improvements that would become necessary to accept flows or loads beyond current permitted amounts will not be evaluated or estimated. These efforts will be deferred to a later Facility Plan that is excluded from this Scope of Services. • Surge analysis for the recommended collection system facilities to serve new areas will be performed by Contractor during final design. • Environmental Permitting and Approval Plan: o Environmental agency permits application review times submitted with the Environmental Permitting and Approval Plan will be estimated and based on experience on similar projects with similar permitting requirements.Actual agency time needed to review permit applications may vary from these estimates o Additional studies for impacts associated with cultural resources,traffic,air, noise,or housing are not included in this task o Figures to be included with the Checklist will be limited to those prepared under other tasks in this scope of work o The project will not require preparation of a SEPA Environmental Impact Statement. Either a Determination of Non-Significance(DNS)or a mitigated DNS will be issued for the project o Consultant will prepare all background documentation in support of a DNS or mitigated DNS. County staff will prepare and publish the staff report that accompanies the publication of the DNS(or mitigated DNS) o This scope does not include attending a public hearing o Contractor will provide a draft copy of the Checklist for review o This proposal does not include time for Contractor to respond to any public or resource agency comments on the Checklist after it has been published for public comment. If additional time is needed,that effort may be added by amendment. Deliverables: • Meeting agenda and meeting notes from Concept Development Workshop. • Concept level design alternatives(up to four)for the pipeline(s)and lift station(s) configuration • Meeting agenda and notes for Concept Development and Alternatives Selection Workshops. • Draft and final Utility Permits • Draft and final Utility Exhibits • Draft and final Limited Access Break/Encroachment Request/Checklist • Draft and final geotechnical preliminary design technical memoranda • Draft and final wetland/waterway reconnaissance technical memorandum • Draft and final and updated Environmental Permitting and Approvals Plans • Preliminary Design Report;Draft and Final Task 4-Amend Draft GSP Amendment Contractor Responsibilities: 1. General Sewer Plan Amendment a. Prepare updates to planning elements in the GSP including maps/figures of revised Belfair service area,descriptions of potential new areas, population/employment projections. A document format similar to the 2007 report will be used for this GSP Amendment. b. The contents are anticipated to include new service area collection system facility analysis and recommendations,as well as an outline of impacts and potential improvements that a future Facility Plan(not in contract)would address to treat the additional flows at the Belfair WRF. New collection system infrastructure will be constructed to discharge directly to the headworks of the Belfair WRF. Where appropriate the report will defer to information included within the 2001/2004 report to meet some requirements: General Sewer Plan Requirements WAC 173-240-050 WAC Description GSP Amendment Approach 3a Purpose for plan General description of intended service to new areas. 3b Ownership and O&M responsibilities Brief summary-same County ownership. 3c Service boundaries Mapping developed to illustrate proposed boundaries, including Bremerton areas outside the Belfair UGA. 3d Existing sewers Mapping and supportive text developed to illustrate proposed Proposed sewers sewers and natural geographic features of potential new Topography service areas.2001/2004 report will be referenced to describe Streams,Lakes major nearby water system facilities. Water systems 3e Population trends Use County/state data sources to project. 3f Wastewater facilities within 20 miles Reference 2001/2004 report. 3g I/I problems N/A-no existing infrastructure. 3h Adequacy of treatment systems Existing process facilities and permitted capacity of Belfair WRF will be summarized and compared against new area flow projection totals. The needed elements of a required future Facility Plan report,with system"triggers"that will initiate it, will also be summarized. 3i Industrial wastewater sources Wastewater characterization, Significant Industrial User (SIU), and pre-treatment policies for existing and future potential industry will be discussed. 3k Collection alternatives Pre-design report alternatives to be summarized. Treatment alternatives Reference 2001/2004 report. Disposal alteratives No study yet if needed. 31 Construction cost estimates Capital and O&M costs associated with recommended new O&M cost estimates collection system and WRF improvements will be developed Financial plan -FCS work will be briefly summarized and referenced in the amendment with full FCS Group work included in Appendix General Sewer Plan Requirements WAC 173-240-050 3m Compliance w/management plan Brief summary. 3n SEPA compliance SEPA checklist will be prepared. Other Requirements/Elements SSSHB 1338/Reclaimed Water Rule Existing reclaimed water permit will be referenced,additional studies recommended if projected capacity of Belfair flows exceed permitted discharge. Public information Limited to documents developed as part of the amendment. Public hearings/meetings Information for meetings held will be incorporated. c. GSP Amendment will be based on the chapter outline included within the 2001/2004 and 2007 reports and consist of the following: • Chapter 1 Introduction • Chapter 2 Study Area Environment • Chapter 3 Land Use and Population • Chapter 4 Wastewater Flows and Loadings • Chapters 5 and 8 Regulations • Chapter 10 Treatment Alternatives • Chapter 11 Collection System Alternatives • Chapter 13 Financial Plan • Chapter 14 Public Participation • Executive Summary and Appendices 2. Perform flow projections based on latest available growth projection and recommended I/I assumptions. 3. Perform collection system analysis using information from existing data.Integrate preliminary design facilities developed in Task 1.2. 4. Assess impact to WRF with the following considerations: a. Flow and loading b. Industrial considerations/policies-wastewater characterization,SATs, pretreatment,local limits as may need to be considered C. Process evaluation d. NPDES/subsurface discharge considerations 5. Perform a water rights impairment preliminary analysis to determine if a water rights impairment analysis(as described in Ecology's adopted reclaimed water rule)is required as a part of this project,and if not,what"triggers" would necessitate the analysis to be performed. 6. SEPA Checklist(Non-Project Action) a. Prepare the SEPA Checklist for the general sewer plan amendment in conformance with Washington Administrative Code (WAC) 197-11-960 and County standards. b. The SEPA Checklist(Checklist) will briefly describe the project and address the project's effects on elements of the environment,including a section for non- project actions,as outlined in the Checklist. c. Use project information and other available studies prepared for the project,such as the documentation prepared for the additional tasks/subtasks included in this proposal. 7. Submit SEPA checklist for GSP Amendment to County for approval as a non-project action. 8. Submit a GSP Amendment to Ecology for review. County Responsibilities: • Participate in Ecology coordination conference calls. Assumptions: • The County does not have an existing General Sewer Plan approved by Ecology.It is assumed that Ecology will accept an amendment to the County's 2007 Belfair/Lower Hood Canal Water Reclamation Facilities Plan Supplemental Information as the GSP Amendment. Contractor has no responsibilities nor scope/budget regarding General Sewer Plan approval activities. • The GSP Amendment will be based on and expand on the analyses in two previous planning documents associated with the Belfair sewer system-the July 2001/Amended December 2004 Belfair/Lower Hood Canal Water Reclamation Facilities report by Gray and Osborne and the May 2007 Belfair/Lower Hood Canal Water Reclamation Facility Supplemental Information report by Murray,Smith and Associates.Collectively,these documents evaluated both sewer collection and treatment facilities that have since been constructed and placed in operation, meeting the requirements of a GSP under the Washington Administrative Code (WAC) 173-240-050 for the existing system service area. • As the sewer infrastructure developed to serve the three new areas will be geographically isolated from existing system infrastructure,re-evaluation of existing facilities will not be necessary. New collection system infrastructure will be constructed to discharge directly to the headworks of the Belfair WRF. • Anti-degradation Study and/or Water Rights Impairment Analysis as called out in the new reclaimed water rule will not be required because the project does not intent to increase the rated capacity of the existing WRF. • If Ecology will require a pre-analysis of the new Reclaimed Water Rule with regard to this project to determine of a water right impairment analysis is required,it is assumed that future improvements beyond the scope of this project. • One round of Ecology review comments will be required to received approval of GSP Amendment. Deliverables: • Water Right Impairment Preliminary Analysis • General Sewer Plan Amendment Draft and Final. Project 2-SR-3 Freight Corridor Sewer System Design-To Be Added by Amendment Contractor Services: Design services to be added by amendment after the completion of Project 1 -SR-3 Freight Corridor Sewer System Pre-Design and GSP Amendment. Tasks anticipated to be included in Project 2 Design are summarized below. Task 1 -Topographic Survey and Right of Way Task 2-Geotechnical Engineering Task 3-Environmental Permitting Task 4-Engineering Design of Construction Drawings and Specifications Task 5-Bid Assistance Project 1-Project Management and Quality Control Contractor Services: Task 1-Project Mana eg ment 1. Project Setup a. Contractor will set up the project within Contractor's accounting system,prepare subconsulting agreements,and issue a Project Initiation Plan to the deign team, outlining the scope and budget,and develop a baseline schedule. 2. Project Work Plan a. Contractor shall prepare a Project Plan(PWP) as part of the project development efforts.The PWP shall consist of: i. County and City Expectations fl. Scope of Work(from contract) iii. Staffing Plan,including the Team Organization and Responsibilities iv. Work Plan v. Baseline Schedule (MS Project) vi. Quality Plan vii. Health and Safety Plan(HASP) 3. Project Management and Administration a. Contractor shall provide project management services needed to execute the scope of work. This shall consist of project administration related to schedule, budget,and scope management,and communication of project activities with the County. b. Contractor will provide management and oversight of in-house project personnel and subconsultants throughout the project.This task shall also consist of the provision of administrative support in the Contractor's office for the duration of the project. c. Contractor will review and monitor project budget and progress on a regular basis,as well as management of in-house and subconsultant activities. d. Contractor will allocate resources to meet project objectives based on this scope of work and will perform project controls activities to accomplish day to day management of the work. e. Contractor will prepare and maintain a Major Decisions Log(MDL) that documents the County's major decisions related to the Project and include a monthly update with the progress status report. Deliverables: • Major Decisions Log updates (electronic, Adobe Acrobat format). 4. Monthly Project Invoice and Status Report a. Contractor will establish and maintain a Project accounting system to organize and track Project costs in accordance with the Agreement and the work breakdown structure (WBS). b. Contractor will prepare and submit monthly invoices electronically to the County in accordance with the Agreement.Invoices shall be prepared and submitted electronically on a monthly basis.Invoices shall include: i. breakdown of staff effort by major task; ii. a summary of expenditures for the month by major task; iii. a summary of expenditures to date by major task; iv. the amount previously invoiced; v. total invoiced;and vi. budget amount remaining. c. The monthly progress report shall provide narrative summaries of the work performed through the most recent month,planned activities for the upcoming month,items requiring resolution or decisions by the County and issues/concerns,information needs,and a performance schedule update. 5. Schedule Development and Update a. Develop a baseline project schedule for the Project activities defined in this Scope of Work following the notice to proceed and shall maintain the schedule through the life of the project. b. The schedule will identify the major activities for the Project(e.g.task and subtask level activities). c. The schedule will be updated quarterly for the Project tasks. Deliverables: • Draft and final versions of Baseline Project Schedule • Quarterly updates of Project Schedule 6. Monthly Progress Meetings a. Prepare for,attend,and conduct monthly progress meetings that will include a review of progress,discussion of items requiring feedback,list of outstanding issues requiring resolution,status of scope,schedule and budget,and review of risks.Contractor Project Manager will attend most meetings in person. Additional key staff may attend in person or via conference call. b. Contractor shall prepare and submit meeting agendas and meeting minutes for the progress meetings.For the purposes of this scope of work,a total of 8 meetings are assumed.The meetings are anticipated to have a 2-hour duration and will be attended by up to 2 design team staff. Deliverables: • Meeting agenda and notes(Electronic,Adobe Acrobat format) Task 2-Quality Control 1. Quality Management Plan a. Prepare a Quality Management Plan(QMP)for the project that identifies procedures,compliance methods,lines of communications and responsibilities, methods of checking and correcting the work,formats and procedures for responding to County's comments on deliverables,and record keeping requirements. The QMP shall also identify personnel and schedules to complete QA/QC reviews of the work and deliverables. 2. QA/QC Monitoring and Project Reviews a. Conduct an in-house Concept and Criterion(C&-CR) meeting early in the project to obtain focused technical input from senior Contractor staff based on their experience from other similar projects. b. Review draft technical memoranda,the draft preliminary design report, Construction Document Submittals(e.g.30°x,60%,90%,100°0,and other deliverables included in the scope of work will be reviewed. Reviews will be performed by senior Contractor staff as identified in the QMP. Task 3-Health and Safety 1. Prepare a Project-Specific Health and Safety Plan a. A project-specific health and safety plan(HASP) shall be prepared prior to initiating any field activities. EXHIBIT B COMPENSATION NOTE-include billing/invoice specifics. A. Compensation: CONTRACTOR will be compensated not more than $1,500,000 for Project 1 and 2 services. Compensation for Project 1 services shall not exceed $439,816. Estimated Project/Task Effort Project 1 -SR 3 Freight Corridor Sewer System PreDesign and GSP Amend Task 1. Kickoff Meeting $7,823 Task 2. Review Existing Background Data $18,072 Task 3. Prepare Preliminary Design Report with Cost Estimates 1. WSDOT Utility Permitting and Approvals $19,578 2. WSDOT Coordination Meetings $10,391 3. Preliminary Geotechnical Evaluation $13,970 4. Wetland/Waterway Reconnaissance $13,420 5. Environmental Permitting and Approval Plan $10,670 6. Cultural Resources $21,559 7. Concept Development Workshop $7,093 8. Conceptual Cost Estimates $15,385 9. Alternatives Selection Workshop $7,093 10. Preliminary Design Report $103,351 Task 4 General Sewer Plan Amendment $135,130 Project 1 - Subtotal $383,533 Project 1 - Project Management and Quality Control Task 1. Project Management $37,343 Task 2. Quality Control $17,770 Task 3. Health and Safety $1,170 Project 1 - PM and QC Subtotal $56,283 Project 1 -Total $439,816 B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; number of hours being billed; invoice total; and any additional applicable information. 2. Submit via e-mail to: Jerry Hauth, PE Public Works Director Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 (360)427-9670 x450 jhauth@co.mason.wa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. 4. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this CONTRACT and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse the Commercial General Liability and Business Auto coverages required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 04/13 and CG 20 37 04/13. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY, provided that any modifications or additions to the required coverages will require the approval of CONTRACTOR. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5 CONTRACTOR agrees upon request by COUNTY to provide redacted copies of any policies required within 20 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests at COUNTY's cost. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured. 10. Reserved. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change, provided that CONTRACTOR's consent is required for any such change. If such change results in additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR will renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this CONTRACT. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: April 23, 2019 Agenda Item # g, BRIEFING DATE: April 15, 2019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: 2019 Highway Safety Improvement Program (HSIP) Grant EXECUTIVE SUMMARY: Public Works requests approval to submit a HSIP Grant to WSDOT for the purpose of funding safety projects throughout the county. WSDOT announced a call for safety projects, our grant submittal will be based on a systematic safety analysis and existing guardrail information. Applications are due May 31st and funding awards will to be announced fall 2019. TIP-CAP was briefed on this grant application on April 10, 2019. Matthew Enders with WSDOT reviewed the draft and commented on April 9, 2019. BUDGET IMPACTS: At this time we are estimating a request of N $3,500,000 and anticipate an award in the range of $500,000 to $600,000. A 10% local match is required for each project phase. If the construction phase is authorized by April 30, 2021 that phase is eligible for 100% funding (no local match required). Public works has a Programmatic Safety project in the adopted Six-Year Transportation Improvement Program. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize the County Engineer to submit the HSIP grant to WSDOT by May 31t for safety improvements throughout Mason County, as well as approval to authorize the County Engineer to sign all pertinent documents for the grant. ATTACHMENTS: Grant Questionnaire Draft Safety Schedule/Plan Mason County GRANT QUESTIONNAIRE Date: April 15, 2019 Office/Department: Public Works Contact Person: Diane M Sheesley, PE 1. Name of Grant/Program Highway Safety Improvement Program 2. New Grant X Renewing Grant _ Term (# of years) 2 3. Is the grant unchanged, and does not require Current Expense funding? (If Y, please skip to number 24) Y _ NX 4. How will this grant benefit the County's citizens? The grant will provide funding for safety projects throughout the county based on our systemic safety analysis and existing collision 5. Is this a program grant or an equipment grant? Program Grant 6. Is this a "one-time only grant" or is it renewable? If renewable, how long is grant anticipated to last? One-time Grant 7. If this is a new grant how will the grant support a current program OR how will the program change? The grant funds would be applied to improve roadway safety throughout Mason County based on what grant items are awarded 8. Does this grant require up front funds? Y X N If so, what is the source of the up-front funds needed to cover costs prior to initial and continuing reimbursements being received? The Road Fund will cover the costs and be reimbursed. 9. How many employees (new or current) will be paid by the grant? N None C Yes a. If this grant requires new hire(s) and grant ends, how will unemployment costs be funded? This grant will cover the cost of employees working on this project. 10. Will the grant require matching funds; i.e., in-kind, cash, Employment Security, SocialSecurity, FICA, PERS, etc? Y X_ N If so, what? The grant could require no match or a 10% match. 11. Would the grant allow for an annual COLA in salary, increase in medical insurance premiums or increases in any personnel benefits? Covers sala!y increases, but not benefits. 12. What fund would support a cash match (if required)? Road Fund Page 1 13. If required what is the TOTAL cost of the match over the life of the grant? If the 10% match is required and the entire grant proposal is funded the match would be up to the following amounts, plus any amounts the project goes over the grant award: Design $ Right of Way $ Construction $ Maximum County Road Funds $ Total Grant Request - $ The grantor will likely award a portion of what is applied for and therefore only a portion of the match would be needed. 14. What fund would support the administration of the grant? Road Fund 15. Will the grant allow for the County cost allocation plan to be funded? N/A 16. Would the grant require the county to provide office space and/or additional equipment to administer the program? If so, what are the requirements? No 17. Would the program require use of a county vehicle or personal vehicle? Y X N 18. If so, would the grant provide for the cost of the automobile and/or liability insurance? Y N X 19. Would the grant require activities by other county offices/departments? (i.e. legal review, technology services assistance, new BARS numbers.) Y_ N X If so, what activities? 20. Would acceptance and completion of the grant project in any way OBLIGATE the County to create/enact new ordinance or policies? Y _ N X If so, what obligations? 21. Does this grant project include any activities that may fall outside the county's standard policies (personnel policies on travel, hours of work, training required, reimbursement for meeting refreshments, paying for meeting space, etc.?) No 22. Will outside consultants be solicited to work on the grant and if so, is a process in place for appropriate selection and oversight of consultant activities? Y _X_ N_ If so, what is the funding source for consultant fees? If a consultant is needed to help with the project() selected the Road Fund would cover the fees and then the grant would reimburse for 90% or 100% of the expense. The road fund would be responsible for any amounts spent over the grant award. 23. For a program grant, how would the program be funded after the grant expires? (It should be understood that once grant funding ends, either the program ceases OR the funding for the program needs to be absorbed within the department's or Page 2 office's existing budget) OR justification must be provided that the program has been and will continue to save or benefit taxpayers. Program would cease, maintenance of the safety improvements would be covered through the road fund as it is today. 24. Please provide (attached to questionnaire) a synopsis of the grant or a copy of the fact sheet. Please feel free to submit additional information as needed. Official signature of requesting office/department: A o acu 4- `9 51ec i0ff i ri I k6epartment Head Date Approved by: Chair, Board of County Commissioners Date Page 3 Draft Schedules for HSIP Grant Application Arcadia, Matlock Brady, and Kamilche Point Clear Zone Improvements Project Schedule Estimated milestones): Project added to the Statewide Transportation Improvement Program STIP 6/20 Project agreement signed with WSDOT Local Programs 8/20 Begin PE PE phase authorized by FHWA through WSDOT Local Programs) 10/20 Community/stakeholder engagement complete 3/21 Environmental documents(required for every project)approved by WSDOT Local Programs 6/21 Begin right-of-way(RW phase authorized by FHWA through WSDOT Local Programs) 7/21 if needed Right-of-way completed (certification by FHWA through WSDOT Local Programs) 10/21 if needed Contract advertised 10/21 Contract awarded 12//21 Construction complete 9/22 Highland Road Clear Zone Improvements Project Schedule Estimated milestones): Project added to the Statewide Transportation Improvement Program STIP 6/20 Project agreement signed with WSDOT Local Programs 8/20 Begin PE PE phase authorized by FHWA through WSDOT Local Programs) 10/20 Community/stakeholder engagement complete 3/21 Environmental documents(required for every project)approved by WSDOT Local Programs 6/21 Begin right-of-way RW phase authorized by FHWA through WSDOT Local Programs) 7/21 Right-of-way completed certification by FHWA through WSDOT Local Programs) 1/22 Contract advertised 1/22 Contract awarded 3//22 Construction complete 11/22 New Guardrail Project Project Schedule Estimated milestones): Project added to the Statewide Transportation Improvement Program STIP 6/20 Project agreement signed with WSDOT Local Programs 8/20 Begin PE PE phase authorized by FHWA through WSDOT Local Programs) 10/20 Community/stakeholder engagement complete 3/21 Environmental documents(required for every project)approved by WSDOT Local Programs 6/21 Begin right-of-way(RW phase authorized by FHWA through WSDOT Local Programs) 7/21 if needed Right-of-way completed (certification by FHWA through WSDOT Local Programs) 10/21 if needed Contract advertised 10/21 Contract awarded 12//21 Construction complete 5/22 Guardrail Replacement Project Project Schedule Estimated milestones): Project added to the Statewide Transportation Improvement Program STIP 6/20 Project agreement signed with WSDOT Local Programs 8/20 Begin PE PE phase authorized by FHWA through WSDOT Local Programs) 10/20 Comm uni /stakeholder engagement complete 2/21 Environmental documents(required for every project)approved by WSDOT Local Programs 6/21 Begin right-of-way( RW phase authorized by FHWA through WSDOT Local Programs) 7/21 Right-of-way completed certification by FHWA through WSDOT Local Programs) 10/21 Contract advertised 11/21 Contract awarded 1/22 Construction complete 9/22 Introduction and History Mason County is committed to reducing fatalities and serious injury accidents on County maintained roads. The data sources and industry practices outlined below have been utilized to form the 2019 Mason County Safety Plan. Data Sources and Analysis Methodology Mason County collects detailed collision information and retains it over time. This allows us to return to the data and review it to determine if trends exist for some period of time. Additionally, WSDOT has provided statewide data for analysis, as well as comparison information on collisions within Washington State and Mason County. Grant funds from a 2016 authorization are being utilized to collect additional information that will be input into MOBILITY and utilized with the Systemic Safety Selection Tool. IMS was selected in October 2018 to collect horizontal, vertical, side slope, and other data that will not be available until the next grant round. Therefore, we focused on countermeasures that are independent of the data to be collected by IMS. Crash data for years 2013—2017 was analyzed to identify focus areas to increase safety on our roadways, in priority order. Using existing information,this Systemic Plan was developed allowing projects to be prioritized using known criteria. Work will continue in reducing fatal and serious injury collisions within Mason County while the newly collected data is analyzed. In the future, a more inclusive plan, with additional risk factors evaluated and countermeasures utilized, will be included in the evaluation based on the IMS data added to mobility. This evaluation will particularly relate to horizontal curves, which make up a high percentage of fatal and injury collisions. Focus and Priorities WSDOT provided data (Appendix A) and County data concur that "hit fixed object" (primarily trees and ditches), non-intersection, and horizontal curve collisions occur at a higher rate within Mason County than overall State-wide averages. As noted above, until the curve data is collected and entered into mobility, and then properly analyzed, Mason County is focusing on collisions at non-intersections where a fixed object has a high risk of being hit. While pedestrian, bike, and intersection collisions in Mason County are not predominant and usually occur at a rate less than state averages, reducing these collisions can be a focus and priority for the community. Common Risk Factors The considered risk factors were: • lane widths (11' or less), • shoulder width (2' or less), • presence of lighting, • average daily traffic (500 and greater), and • posted speed limit (35 mph and greater) Presence of risk factors Mason County's road network was analyzed using mobility for the five selected risk factors. Fifty-one road segments along twenty County Roads matched with all five risk factors. The original output list, including locations from 5 risk rating to 1, is located in Appendix C. Prioritized list of roadway locations and countermeasures identified The County focus at this time is on Collector roadways and roads that are not already included in the 20- year program for safety fixes. Once local roadways and road segments with planned projects were removed the remaining prioritized sites(Appendix D) were evaluated in the field to determine proper countermeasures by Mason County's Traffic Engineer, Dave Smith, P.E.The countermeasures determined in the field are included in the spreadsheet in Appendix D. Prioritized list of Projects The main two project types that came out of the countermeasure identification were clear zone improvements and guardrail installation. Existing guardrail infrastructure that does not meet current height requirements was also considered. Analysis included evaluating locations with the highest risk factors resulting from the systemic analysis and comparing the number of actual collisions over the past 5 years. Selected countermeasures for the given locations,the cost of the countermeasures, and likelihood to reduce fatal/serious injury collisions was considered.Mason County has a long list of guardrail projects with heights below 26.5", estimated at nearly$9 million to replace. To begin improving these locations we have selected guardrail at or below 22" in height for this safety plan. Our intention is to continue to address guardrail that is lower than standard in the future until all such guardrail is addressed.Appendix E includes a report of our guardrail with a height below 22". The final list of prioritized projects is below with 2019 cost estimates: Clear Zone improvements (tree and stump removal) Arcadia MP 6.0-7.0—$16,000 preliminary engineering; $169,000 construction Highland MP 0-7.92 -$36,000 preliminary engineering; $393,000 construction Matlock Brady MP 16.86-19.91-$9,000 preliminary engineering; $103,000 construction Kamilche Point MP 0.02-2.80-$11,000 preliminary engineering; $139,000 construction New Guardrail Grapeview Loop MP 0-1.36-$74,000 estimated preliminary engineering; $347,000 estimated construction Highland MP 0.90-1.96-$15,000 estimated preliminary engineering; $74,000 estimated construction Safety Improvements to existing guardrail Appendix E includes Mileposts/locations per street of guardrail below 22" in height. Guardrail below a height of 26.5" should be improved, however,that list is very long and our approach is to start with the lowest height guardrail and make improvements until all guardrail is brought up to current standard. The existing lengths were used and approximately 10%was added to extend runoff lengths to current standard. Looking at mobilization and constructability we have broken the project into 3 areas, north, central and south. Appendix F incudes a list of all Mason County guardrail that is at height 26.5" and under. The total list includes 6.876 miles of guardrail or 36,305 LF. The estimate for design, right-of- way, and construction is nearly$9 million to bring our existing guardrail up to current height standards. North Guardrail Repair—$40,300 estimated preliminary engineering; $651,000 estimated construction Shelton Matlock Road -approx. 1,400 LF, 6 anchors Cloquallum Road—approx.4,300 LF, 14 anchors Cole Road—approx. 50 LF, 2 anchors Central Guardrail Repair—$11,900 estimated preliminary engineering; $196,000 estimated construction North Bay Road—approx. 275 LF,4 anchors Trails Road—approx. 800 LF, 2 anchors South Guardrail Repair—$63,100 estimated preliminary engineering; $824,000 estimated construction Dewatto Road—approx. 1,125 LF, 2 anchors Tahuya Blacksmith Road -approx. 670 LF,2 anchors Belfair Tahuya Road—approx. 1,880 LF, 10 anchors MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: April 23, 2019 Agenda Item # BRIEFING DATE: April 15, 2019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: 2019 Federal Highways Bridge Program Grant Proposal BACKGROUND: Public Works is requesting approval to submit a Federal Highways Bridge Program Grant Proposal to the Federal Highway Administration (FHWA). This grant application, due April 26" , seeks funding for a bridge maintenance project on Harstine Island Road Structure ID 07996900. The bridge deck has exhibited signs of deterioration that has been tracked for many years. The project will include preparing the existing concrete deck and installing a Polyester Concrete Overlay. TIP-CAP reviewed the safety plan and discussed at the April 10, 2019 meeting. Mason PUD 3 is interested in partnering with the County to add an illumination component to the grant. The grant, bridge condition, and 50"' anniversary were discussed with the community at the Harstine Island Community meeting on April 12, 2019. Budget Impacts: The total estimated cost and requested funding for this project is as follows: Estimated Total Cost: $3,000,305 Estimated Federal Highway Bridge Program: $2,940,305 Estimated Road Funds: $60,000 The county match needs to be 13.5% or more of design and right of way and we are proposing $60,000. RECOMMENDED ACTION: Request Board guidance on inclusion of bridge lighting as part of the grant application. Recommend the Board of County Commissioners authorize the County Engineer to submit the bridge grant as well as authorize the County Engineer to sign all pertinent documents for the grant. Attachments: Grant Questionnaire Excerpt from draft grant application Mason County GRANT QUESTIONNAIRE Date: April 23, 2019 Office/Department: Public Works Contact Person: Diane M Sheesley, PE 1. Name of Grant/Program Local Bridge Program 2. New Grant X Renewing Grant _ Term (# of years) 2 3. Is the grant unchanged, and does not require Current Expense funding? (If Y, please skip to number 24) Y _ NX 4. How will this grant benefit the County's citizens? If awarded this grant will provide funding for a deck replacement on Harstine Island Bridge. 5) Is this a program grant or an equipment grant? Program _grant 6) Is this a "one-time only grant" or is it renewable? If renewable, how long is grant anticipated to last? One-time grant 7) If this is a new grant how will the grant support a current program OR how will the program change? If selected, the project will be added to the the Six Year Transportation Improvement Program and the Annual Construction Program. 8) Does this grant require up front funds? Y X N If so, what is the source of the up-front funds needed to cover costs prior to initial and continuing reimbursements being received? The Road Fund will cover the costs and be reimbursed. 9) How many employees (new or current) will be paid by the grant? N None C Yes a. If this grant requires new hire(s) and grant ends, how will unemployment costs be funded? This grant will cover 86.5% of the cost of employees working on this project for PE and ROW, and all of construction. If needed, due to existing employee workload, consultants could be used for the project and reimbursed through the grant. New employees will not be hired for this grant. Page 1 10) Will the grant require matching funds; i.e., in-kind, cash, Employment Security, SocialSecurity, FICA, PERS, etc? Y X N _ If so, what? A local match of 13.5% of the PE and ROW is required for these funds. 11) Would the grant allow for an annual COLA in salary, increase in medical insurance premiums or increases in any personnel benefits? Covers salary increases, but not benefits. 12) What fund would support a cash match (if required)? Road Fund 13) If required what is the TOTAL cost of the match over the life of the grant? The match requirement of 13.5% of PE and ROW would be funded through the road fund. Design $432,125 Right of Way $10,000 Construction $2,298,905 Contingencies $259,275 Total $3,000,305 Grant Request - $2,940305 14) What fund would support the administration of the grant? Road Fund 15) Will the grant allow for the County cost allocation plan to be funded? NIA 16) Would the grant require the county to provide office space and/or additional equipment to administer the program? If so, what are the requirements? No 17) Would the program require use of a county vehicle or personal vehicle? Y X N 18) If so, would the grant provide for the cost of the automobile and/or liability insurance? Y N X 19) Would the grant require activities by other county offices/departments? (i.e. legal review, technology services assistance, new BARS numbers.) Y_ N X If so, what activities? 20) Would acceptance and completion of the grant project in any way OBLIGATE the County to create/enact new ordinance or policies? Y _ N X If so, what obligations? 21) Does this grant project include any activities that may fall outside the county's standard policies (personnel policies on travel, hours of work, training required, reimbursement for meeting refreshments, paying for meeting space, etc.?) No Page 2 22) Will outside consultants be solicited to work on the grant and if so, is a process in place for appropriate selection and oversight of consultant activities? Y _X_ N_ If so, what is the funding source for consultant fees? The grant would cover the fees. 23) For a program grant, how would the program be funded after the grant expires? (It should be understood that once grant funding ends, either the program ceases OR the funding for the program needs to be absorbed within the department's or office's existing budget) OR justification must be provided that the program has been and will continue to save or benefit taxpayers. If the deck is funded by the grant maintenance costs would be reduced in the future. Road maintenance costs are funded by the Road Fund. 24) Please provide (attached to questionnaire) a synopsis of the grant or a copy of the fact sheet. Please feel free to submit additional information as needed. Official signature of requesting office/department: 1417 /9 �Plec70'fficia Department Head Date Approved by: Chair, Board of County Commissioners Date Page 3 Federal Highway Please send copies of the load ratings summary,accident t data,any other pertinent information,and electronic photos Bridge Program (640 x 480 pixels minimum .JPG)with this questionnaire by Project Application the due date specified in the cover letter. Agency Name: Mason County Pick one of the following: Bridge Name: HARSTINE ISLAND BRIDGE 0 Replacement Candidate Bridge Number: 300000019 0 Rehabilitation Candidate Contact Person: Diane Sheesley, Extension 452 0 Scour Mitigation Phone: 360 427 - 9670 0 Seismic Retrofit Sufficiency Rating: 26.19 SD 0 Painting Bundled Structure ID: 07996900 (�) Deck Repair Project Brief Project Description (including bridge replacement type) rtxisting concrete deck and install a Polyester Concrete Overlay. Proposed Length: 1466 Width (Curb to Curb): 24 Current Year: 19 Rehabilitation/Replacement/Seismic/Paint/Scour Projects PE Costs (approximately 25% of total) $432,125 (Soils, Environmental, Design Documents, Plans Preparation, etc.) Right of Way Costs $ 10,000 (Purchases, Relocation and Construction Easement) Construction Costs $ 1,728,500 (Environmental mitigation, approach costs (15%), structure costs, etc.) Construction Engineering (18%) $311,130 Contingency (15%) $259,275 Mobilization (10%) $ 172,850 Inflation Factor (5% per year, based on projected Ad date below) $86,425 Total Rehabilitation/Replacement/Preventative Maintenance Project Costs:* $3,000,305 If a Rehabilitation, what would be the Replacement cost for that same structure (including PE, Right of Way, and Construction)? $21,000,000 Project Milestones Scheduled Scheduled Project Added to Local Agency TIP M/Y 11 / 19 Right of Way Start M/Y 4 / 20 Project Added to Regional TIP M/Y 12 / 19 Right of Way Complete M/Y 6 / 20 Project Added to STIP M/Y 1 / 20 Geometric/30% Design Complete M/Y 2 / 20 Project Definition Begin PE M/Y 1 / 20 General Plan/60%Design Complete M/Y 4 / 20 NEPA Kick Off M/Y 1 / 20 Advertisement M/Y 7 / 20 Environmental Docs Approved M/Y 4 / 20 Contract Awarded M/Y 8 / 20 Provide comments below Open to Traffic M/Y 11 / 20 Comments The Harstine Island Bridge is a significant 12 span, 1,466-foot-long prestressed concrete girder bridge built in 1969. The bridge spans Pickering Passage between Graham Point on the Mason County mainland and the west side of unincorporated Harstine Island. The bridge is the only route to and from the island for its population of over 1000 residents as well as for emergency services. The ADT is 2155 vehicles per day with the percent trucks at 15%. The bridge deck has exhibited signs of deterioration that has been tracked for many years in the biennial bridge inspection reports. The concern over the deterioration prompted an in-depth inspection by chain drag in 2007 that resulted in the identification of areas of delaminated concrete of approximately 6.5% of the total deck area. The deck also exhibited grid cracking that follows the reinforcing mat and indicats shallow rebar cover which has been proven as the delaminations have further deteriorated to spalls and potholes. Mason County has also been forced to make emergency concrete repairs to secure loose rebar exposed by the spalling that threatened vehicles and alarmed the traveling public. The progression of the deterioration is clearly shown in the inspection photo history as well as through the successive inspection notes describing and quantifying the damage. As mentioned above, the spalling concrete revealed little to no concrete cover over the deck reinforcing steel. The bridge was designed to HS 15 loading and the deck is only 5-1/2"thick. A calculation of the depth of the top and bottom steel mats along with the top and bottom concrete clear cover leaves approximately 1/4" between the steel grids. It appears that the top clear cover requirements were not met during construction. This is further demonstrated by the lack of rutting at the exposed top mat steel showing a uniform lack of concrete cover. Concern for the rapidly increasing deterioration from delaminations to spalling and potholes prompted another in-depth chain drag of the bridge deck in 2019 resulting in measurements of 38.7% delamination of the total deck area, see attached Bridge Chain Drag Report. The deterioration appears confined to the top of the deck as inspections report the soffit is in good condition. The Harstine Island bridge sustained some damage during the 2001 Nisqually earthquake that was repaired by contract in 2002. Repair of cracked or spalling concrete is doubly important on a bridge that spans salt water and is a factor in the current preservation project. The bridge is currently providing a good level of service for a bridge of this era and is a good fit to the approach roadways on each end. In addition, the current load rating shows that the bridge is rated to easily carry legal loads of AASHTO Trucks as well as SHV's. Mason County proposes to extend the life of the bridge by removing the unsound deck concrete and installing a durable lightweight polyester overlay that will not only provide protection to the reinforcing steel but will seal the deck preventing additional deterioration of the sound concrete to the soffit. Also proposed in this project is the removal of the existing open finger joint. This type of joint has a history of promoting the deterioration of the bearings below through a build up of moisture trapping debris that is allowed to fall freely through the joint and pile up around the bearings. Although we do not anticipate the need for a Right of Way phase on this project, we have added minimal Right of Way costs to the estimate for addressing any unforeseen needs. Mason County anticipates starting on this project immediately upon funding approval. The County has calculated the necessary match funds and has programmed these funds for early 2020, see the attached County funding information. The proposed deck repair project is the first phase in a series of projects Mason County plans to administer as funding allows to protect and extend the life of this significant bridge. Protecting this bridge provides advantages to both Mason County and the Local Bridge Program by providing cost effective protection to delay the need for either an extremely expensive rehabilitation project or an even more expensive replacement project. BRIDGE INSPECTION REPORT Page 1 of 3 i Status: Work Printed On: 3/26/2019 Agency: Mason County CD Guid: f2da5c45-3497-4a65-bda4-6d3d9d8cdfb5 Release Date: Program Mgr: Roman G.Peralta Br. No. 300000019 SID 07996900 Br. Name HARSTINE ISLAND BRIDGE Carrying CO. RD. 30000 Route On 30000 Mile Post 0.19 Intersecting PICKERING PASSAGE Route Under Mile Post Elevation View Funding Photo Type: (none) Orientation: "— Date: 3/20/2019 Repairs: Deck View Funding Photo Type: (none) Orientation: Date: 3/20/2019 f n Repairs: BRIDGE INSPECTION REPORT Page 2 of 3 t Status: Work Printed On: 3/26/2019 Agency: Mason County CD Guid: f2da5c45-3497-4a65-bda4-6d3d9d8cdfb5 Release Date: Program Mgr: Roman G.Peralta Br. No. 300000019 SID 07996900 Br. Name HARSTINE ISLAND BRIDGE Carrying CO. RD. 30000 Route On 30000 Mile Post 0.19 Intersecting PICKERING PASSAGE Route Under Mile Post Patching and Chain Drag Results Funding Photo Type: (none) Orientation: Date: 3/20/2019 n Repairs: - �xY,�iq w Exposed Rebar and Patching Funding Photo Type: (none) Orientation: Date: 3/20/2019 Repairs: .r M BRIDGE INSPECTION REPORT Page 3 of 3 Status: Work Printed On: 3/26/2019 Agency: Mason County CD Guid: f2da5c45-3497-4a65-bda4-6d3d9d8cdfb5 Release Date: Program Mgr: Roman G.Peralta Br. No. 300000019 SID 07996900 Br. Name HARSTINE ISLAND BRIDGE Carrying CO. RD. 30000 Route On 30000 Mile Post 0.19 Intersecting PICKERING PASSAGE Route Under Mile Post Location of Emergency Patch Funding Photo Type: (none) Orientation: Date: 3/20/2019 Repairs: WN ij l i w5� yrE �4. s> Close up of Spall - Exposing Deck Rebar Funding Photo Type: (none) Orientation: * " Date: 3/20/2019 �,� Repairs: " r. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: April 23, 2019 Agenda Item # BRIEFING DATE: April 15, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: County Road Project No. 2019 Romance Hill —Belfair Freight Corridor Connector BACKGROUND: County Road Project 2019 is to design and construct an extension of Romance Hill Road to connect between SR3 and the future Belfair Freight Corridor. CRP Road Name Road Number Approx. Mileposts 2019 Romance Hill Road 86500 MP. 0.614 TBD A consultant selected through a Request for Qualification (RFQ) process is needed to design the Romance Hill railroad crossing, acquire accompanying permit, and the connection point of Romance Hill Road to the proposed SR 3 Freight Corridor. The consultant will coordinate with the US Navy, WSDOT, and Mason County. An alternate task to complete the design will be included in the RFQ. BUDGET IMPACTS: The estimated cost to complete the project is $2,000,000. The project is in the public works budget and adopted Six-Year Transportation Improvement Program and 2019 Annual Construction Program. RECOMMENDED ACTION: Recommend the Board approve the following: 1. Resolution for County Road Project No. 2019, Romance Hill — Belfair Freight Corridor Connector, authorize the Chair to sign all pertinent documents and authorize the Public Works County Engineer to advertise, set bid dates/times and award contract not to exceed $1,500,000. 2. Authorize Public Works to solicit a Request for Qualifications for a consultant to provide an analysis and design for the location of the new Romance Hill- Freight Corridor Connector and enter into contract not to exceed $350,000. Project award and consultant selection will be announced at a regular schedule Commission meeting. Attachment: Resolution and Project Vicinity Map MASON COUNTY COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2019 WHEREAS,on Mason County Road No.86500,known locally as the Romance Hill Road and more specifically located in Sec.32,T.23N,R1W,WM.at approximately mile post 0.614 to mile post TBD;work defined as"construction'in the BARS Manual,Page H-63,et seq,is determined to be necessary and proper;and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Construct a new portion of Romance Hill Road to connect to SR3 and the future Belfair SR 3 Freight Corridor proiect. Project name:Romance Hill—Belfair SR 3 Freight Corridor Connector. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County. (RCW 36.77.060 and/or RCW 26.77.065) BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $ 400,000 Right of Way $ 100,000 Construction $1,500,000 The County Road project herein described is HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq. ADOPTED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Kevin Shutty,Chair ATTEST: Sharon Trask,Vice Chair Melissa Drewry,Clerk of the Board Randy Neatherlin,Commissioner APPROVED AS TO FORM: Tim Whitehead, Deputy Prosecuting Attorney cc: Co.Commissioners Engineer JOURNAL: Publ.It: CRP 2019- ROMANCE HILL RD- BELFAIR FREIGHT CORRIDOR CONNECTOR 0 of .e a 'le le N— -M- ' J 0 o \J 2 MP.614 - oro_o� Freight Corridor NE BYERLY DR MP.TBD s f GOOSE PRAIRIE N Sou k ri�,ERE.Garmin. Intermap, increment P Corp., GEBCO, USGS. MEO R 0 1.25 2.5 5 7.5 10 the r� Miles MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Becky Rogers Action Agenda X Public Hearing Other DEPARTMENT: Support Services/Board of Equalization EXT: 268 COMMISSION MEETING DATE: 4/23/2019 Agenda Item # g (� Commissioner staff to complete) BRIEFING DATE: 4/15/2019 BRIEFING PRESENTED BY: Becky Rogers [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to reappoint Janice Loomis to fill a three-year term, on the Mason County Board of Equalization. The term will end on 5/31/2022. Background: Per RCW 84.48.026, terms of members are three years. On 3/5/2019, a News Release was circulated seeking applicants to fill a regular and alternate position that will expire on 5/31/2022. Two applicants applied. One applicant, Janice Loomis, currently is serving on the Board filling an expired term through 5/31/2019. RECOMMENDED ACTION: Approval to reappoint Janice Loomis to a three-year term, on the Mason County Board of Equalization. The term will end on 5/31/2022. Attachment(s): None MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: April 23, 2019 Agenda Item # Z, 2— (Commissioner staff to complete) BRIEFING DATE: April 22, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to enter into a lease agreement with North Mason Resources providing office space to Veteran Service Officers effective May 2019 at $350 per month payable from the Veterans Assistance Fund (#190) as recommended by the Veterans Advisory Board. Background: RCW 73.08.010 authorizes counties to establish a veterans' assistance program to address the needs of local indigent veterans and their families. The program is funded by the Veterans'Assistance Fund created under the authority of RCW 73.08.080. The Veterans'Advisory Board (VAB) was established under the authority of RCW 73.080.035 and they administer the veterans' assistance program. April 10 minutes from the VAB meeting recommending this lease be approved are enclosed. Budget Impacts: The Veterans Assistance Fund has a cash balance of approximately $40,000 and YTD approximately $40,000 has been provided as assistance to Mason County Veterans. The VAB has requested a briefing in May to request the Commissioners increase the levy rate for this fund in 2020. The annual limit to individual veterans is $1,200. RECOMMENDED ACTION: Approval to enter into a lease agreement with North Mason Resources providing office space to Veteran Service Officers effective May 2019 at $350 per month payable from the Veterans Assistance Fund (#190) as recommended by the Veterans Advisory Board. Attachment(s): Lease agreement MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: April 23, 2019 Agenda Item # ', i 3 (Commissioner staff to complete) BRIEFING DATE: April 22, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to sign the Associate Development Organization Certification/Designation Form designating the Mason County Economic Development Council as the Associate Development Organization (ADO) to coordinate economic development services for Mason County under contract with the Washington State Department of Commerce. This is pursuant to RCW 43.330.080 and is for the 2019- 2021 biennium. Background.: The broad role of an ADO is that of advocacy and leadership, serving as the point of contact for local economic activities, recruiting/hosting new businesses, and coordinating business retention and expansion efforts within its service area. The ADO serves as the principal contact for Commerce regarding economic activity in their area. ADOs help Commerce gather data about community profiles, industrial sites, plans for business development and retention, reports on business activities, and proposals for other economic activities in their service areas. RECOMMENDED ACTION: Approval to sign the Associate Development Organization Certification/Designation Form designating the Mason County Economic Development Council as the Associate Development Organization (ADO) to coordinate economic development services for Mason County under contract with the Washington State Department of Commerce. This is pursuant to RCW 43.330.080 and is for the 2019-2021 biennium. Attachment: Certification Form 4/18/2019 cc: CMMRS Neatherlin, Shutty&Trask Clerk �L 1689•' STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE •PO Box 42525• Olympia, Washington 98509-2525•(360) 725-4000 www.commerce.wa.gov April 4, 2019 RECEIVED • `: APR 12 2019 The Honorable Kevin Shutty,Chair Mason County Mason County Board of Commissioners 411 North 5th Street Commissioners Shelton,WA 98584 RE: Action Requested by April 30, 2019 Dear Commissioner Shutty: Every two years,the Department of Commerce begins the process of contracting with Associate Development Organizations(ADOs)by sending a letter to the Board of County Commissioners or County Executive in each county requesting the designation of an ADO. Commerce is directed by RCW 43.330.080 to contract with county-designated ADOs to increase the support for and coordination of community and economic development services in communities or regional areas. As part of the contracting process,please complete the enclosed ADO Certification/Designation Form for the 2019-2021 biennium,returning to Commerce by April 30,2019. Your county can choose to re-designate the current ADO or make a new designation. Please provide documentation of the County executive or governing body's action designating the identified organization as the ADO. If you have questions or need assistance please contact Diana Divens at(360)725-4187 or email ado@commerce.wa.gov.commerce.wa.gov. Thank you for your consideration in helping to move the contracting process forward.I look forward to working with our ADO partners during the new biennium. Sincerely, 7P01.::/\\ Chris Green q Assistant Director Office of Economic Development&Competitiveness Enclosure Cc: Economic Development Council of Mason County { Associate Development Organization Certification/Designation Form (For use by County officials.) Ma'�'�' Y� affirms/designates the rJf .`b) f mn6N.v`49, w /► ViiS4�U ('Dhofro- (Name of County) (Name of ADO) Ctvicx I as the Associate Development Organization to coordinate economic development services for the county under contract with the Washington State Department of Commerce. Consistent with statutory requirements: 1. The prospective ADO is a non-profit organization. OR A public entity that has formed an authority or committee with full operating authority to carry out the duties of the ADO. It is important to recognize that this group would have its own authority and budget, not just the power to recommend actions/plans/expenses. 2. Economic development is the primary mission of the prospective ADO, and not just a secondary activity. This can be demonstrated with a written mission statement in a brochure, web-page, newsletter, etc. It may also be documented in the organization's by-laws. 3. For economic interests in the county, this organization serves as a networking tool and resource hub for business retention, expansion, and relocation in Washington. 4. This organization has/will have the capacity during the period under contract with Commerce to carryout work activities as detailed in RCW 43.330.080 This designation is effective on the date signed below, and shall remain in effect for the 2019- 2021 biennium (07/01/2019-06/30/2021). Please provide documentation of the County executive or governing body's action designating the above-identified organization as the ADO. Signature Print Name Title Date PLEASE SUBMIT THIS FORM AND DOCUMENTATION TO: Diana Divens, Contracts Coordinator Office of Economic Development and Competitiveness Washington State Department of Commerce Post Office Box 42525 Olympia,WA 98504-2525 360-725-4187 Revised(04/04/19) 4I,ATE 0 de 111 Department of Commerce Q Associate Development Organizations Eligibility & Designation Guidelines April 2019 Revised(04/04/19) Overview Washington's Department of Commerce (Commerce) maintains a contracted partner hip with 35 Associate Development Organizations (ADOs), serving 39 counties, through both technical assistance and funding for local economic development activities. Each county in the state has designated an organization as their ADO to partner with Commerce and serve as the lead on local economic development activities in their county. This guide is provided to assist county leaders in the process of designating the most effective organization to serve as the ADO for their county. The criteria that Commerce uses to approve and negotiate a contract with a county-designated ADO is also covered. The origins of ADOs date back to Governor Booth Gardner's Team Washington strategy that was initiated in 1985 to develop public-private, and state-local partnerships across the state. At first the Local Economic Development Assistance Program (LEDA) provided administrative grants to 33 ADOs that served the state's 39 counties. ADOs were to become the principal contact for the department and all county economic development elements (chambers, towns, ports, businesses, etc.) would coordinate their efforts through their local ADO. Expectations of ADOs The broad role of an Associate Development Organization is that of advocacy and leadership, serving as the point of contact for local economic activities, recruiting/hosting new businesses, and coordinating business retention and expansion efforts within its service area. The ADO serves as the principal contact for Commerce regarding economic activity in their area. ADOs help Commerce gather data about community profiles, industrial sites, plans for business development and retention, reports on business activities, and proposals for other economic activities in their service areas. ADOs are described in more detail in RCW 43.330.080, and a copy of that code is provided in the reference section of this guide. Specific expectations of the ADO, as assessed by Commerce for contracting purposes include: 1) Partner with Commerce: The designated ADO organizations shall partner with Commerce as the lead local economic development organization in their service area to deliver economic development services at the local level. Through a contracted partnership, Commerce determines the scope of services delivered under the ADO grant/contract in collaboration with the ADO. The ADO works closely with Commerce to develop and carry out strategies and show potential for long-term sustainable growth. 2) Contracting Organizations (ADOs) in each Community or Regional Area Must Be "broadly representative of community and economic interests... capable of identifying key problems... and mobilizing broad support for recommended initiatives." The code lists key players as: • local governments • chambers of commerce • workforce development councils • port districts • labor groups • institutions of higher education • community action programs • other appropriate private, public, or nonprofit community and economic development groups. Revised(04/04/19) 3) Best Practice Sharing: ADOs must meet and share best practices with other ADOs at least two times a year. 4) Resources and Services Provided to Local Businesses: ADOs shall provide direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062. 5) Regional Planning: Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies including cluster-based strategies. 6) Reports to Commerce: ADOs report quarterly on activity outcomes; i.e., Business Retention and Expansion assistance; Business Recruitment, Entrepreneurial Business Start-ups, etc. They also provide information on how they coordinate and collaborate with other organizations and jurisdictions in their counties, as well as other significant accomplishments. Timelines for reporting are in each grant/contract. 7) Formal designation by County: The County's Board of Commissioners must formally designate an organization to serve as its ADO, providing Commerce with a signed statement of designation along with a certification of eligibility. Revised(04/04/19) References RCW 43.330.080 Coordination of community and economic development services—Contracts with county- designated associate development organizations— Scope of services — Business services training. (1)(a)The department must contract with county-designated associate development organizations to increase the support for and coordination of community and economic development services in communities or regional areas. The contracting organizations in each community or regional area must: (i) Be broadly representative of community and economic interests; (ii) Be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives; (iii)Work closely with the department to carry out state-identified economic development priorities; (iv) Work with and include local governments, local chambers of commerce, workforce development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups; and (v) Meet and share best practices with other associate development organizations at least two times each year. (b) The scope of services delivered under the contracts required in (a) of this subsection must include two broad areas of work: (i) Direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062, and includes: (A)Working with the appropriate partners throughout the county including, but not limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, impact Washington, the Washington state quality award council, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county; (B) Providing information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Washington; (C) Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state; (D)Working with businesses on site location and selection assistance; (E) Providing business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the Revised(04/04/19) federal trade adjustment assistance for firms program, and the provision of information to businesses on: (I) Resources available for microenterprise development; (II) Resources available on the revitalization of commercial districts; and (III)The opportunity to maintain jobs through shared work programs authorized under chapter 50.60 RCW; (F) Participating in economic development system-wide discussions regarding gaps in business start-up assistance in Washington; (G) Providing or facilitating the provision of export assistance through workshops or one-on-one assistance; and (H) Using a web-based information system to track data on business recruitment, retention, expansion, and trade; and (ii) Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies, including cluster-based strategies. Research and planning efforts should support increased living standards and increased foreign direct investment, and be aligned with the statewide economic development strategy. Regional associate development organizations retain their independence to address local concerns and goals. Activities include: (A) Participating in regional planning efforts with workforce development councils involving coordinated strategies around workforce development and economic development policies and programs. Coordinated planning efforts must include, but not be limited to, assistance to industry clusters in the region; (B) Participating with the state board for community and technical colleges as created in RCW 286.50.050, and any community and technical colleges in the coordination of the job skills training program and the customized training program within its region; (C) Collecting and reporting data as specified by the contract with the department for statewide systemic analysis. In cooperation with other local, regional, and state planning efforts, contracting organizations may provide insight into the needs of target industry clusters, business expansion plans, early detection of potential relocations or layoffs, training needs, and other appropriate economic information; (D) In conjunction with other governmental jurisdictions and institutions, participating in the development of a countywide economic development plan. (2) The department must provide business services training to the contracting organizations, including but not limited to: (a) Training in the fundamentals of export assistance and the services available from private and public export assistance providers in the state; and (b) Training in the-provision of business retention and expansion services as required by subsection (1)(b)(i)(E) of this section. [2014c112§111;2012c195§1;2011 c 286§2;2009c 151 §10;2007c249§2;1997c60§1;1993c280§111 [ 4 � Revised(04/04/19) 3 Notes: Findings -- Intent--2007 c 249: "The legislature finds that economic development success requires coordinated state and local efforts. The legislature further finds that economic development happens at the local level. County-designated associate development organizations serve as a networking tool and resource hub for business retention, expansion, and relocation in Washington. Economic development success requires an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The legislature intends to bolster the partnership between state and local economic development efforts, provide increased funding for local economic development services, and increase local economic development service effectiveness, efficiency, and outcomes." [2007 c 249 § 1.] RCW 43.330.082 Contracting associate development organizations — Performance measures and summary of best practices— Remediation plans— Report 1)(a) Contracting associate development organizations must provide the department with measures of their performance and a summary of best practices shared and implemented by the contracting organizations. Annual reports must include the following information to show the contracting organization's impact on employment and overall changes in employment: Current employment and economic information for the community or regional area produced by the employment security department; the net change from the previous year's employment and economic information using data produced by the employment security department; other relevant information on the community or regional area; the amount of funds received by the contracting organization through its contract with the department; the amount of funds received by the contracting organization through all sources; and the contracting organization's impact on employment through all funding sources. Annual reports may include the impact of the contracting organization on wages, exports, tax revenue, small business creation, foreign direct investment, business relocations, expansions, terminations, and capital investment. Data must be input into a common web-based business information system managed by the department. Specific measures, data standards, and data definitions must be developed in the contracting process between the department and the contracting organization every two years. Except as provided in (b) of this subsection, performance measures should be consistent across regions to allow for statewide evaluation. (b) In addition to the measures required in (a) of this subsection, contracting associate development organizations in counties with a population greater than one million five hundred thousand persons must include the following measures in reports to the department: (i)The number of small businesses that received retention and expansion services, and the outcome of those services; (ii) The number of businesses located outside of the boundaries of the largest city within the contracting associate development organization's region that received recruitment, retention, and expansion services, and the outcome of those services. (2)(a) The department and contracting associate development organizations must agree upon specific target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds and actual performance must occur annually. (b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of the agreed measures must develop remediation plans to address performance gaps. The remediation plans Revised(04/04/19) r must include revised performance thresholds specifically chosen to provide evidence of progress in making the identified service changes. (c) Contracts and state funding must be terminated for one year for organizations that fail to achieve the agreed upon progress toward improved performance defined under(b) of this subsection. During the year in which termination for nonperformance is in effect, organizations must review alternative delivery strategies to include reorganization of the contracting organization, merging of previous efforts with existing regional partners, and other specific steps toward improved performance. At the end of the period of termination, the department may contract with the associate development organization or its successor as it deems appropriate. (3)The department must submit a final report to the legislature by December 31st of each even-numbered year on the performance results of the contracts with associate development organizations. 12014 c 112§112;2012 c 195§2;2011c286§3;2009c518§15;2007c249§3.j Notes: Findings -- Intent--2007 c 249: See note following RCW 43.330.080. Revised(04/04/19) MASON COUNTY ACTION ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 MEETING DATE: April 23, 2019 PREVIOUS BRIEFING DATES: April 22, 2019 (If this is a follow-up briefing, please provide only new information) ITEM: Medicaid Transformation Partner Provider Amendment EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): • Year two contract amendment for Cascade Pacific Action Alliance for Medicaid transformation projects. The project for Mason County focuses on opioid intervention. Fully executed contracts signed prior to 4/29/2019 will be processed for payment and deposited to our account on May 3, 2019 • This grant will provide funding for data collection, decision making, and intervention BUDGET IMPACTS: Increase of$154,170 RECOMMENDED OR REQUESTED ACTION: APPROVAL ATTACHMENTS: Contract Amendment Briefing Summary 4/17/2019 Medicaid Transformation Partner Provider CASCADE PACIFI .) ACTION ALLIANCE CONTRACT AMENDMENT '.!':��r_IV:•r:i.��r;i`::tt '.:.1.Tr;f.:Sct i'( CPAA ACH LLC 1217 4th Ave E.,Suite 200 Contract No: Olympia,WA 98506 ®Amendment/Modification No: DY2-K2293-32 (360)539-7576 Contractor INFORMATION Agency Name Agency Address EIN# Mason County Community Services 415 N.6th Street 91-6001354 Shelton,WA 98584 Authorized Contract Signer Title Phone Number Casey Bingham Contract Signer's E-Mail Agency Fax Number Contact's Phone Number caseyb@co.mason.wa.us (if different than above) CPAA INFORMATION Contract Title Medicaid Transformation Project Contact Person Title Contact Phone Number Christina Mitchell Program Director 360-539-7576 x 131 Contact E-Mail Address Contact's Fax Number mitchellc@crhn.org 360-943-1164 CONTRACT INFORMATON Funding Source Effective Dates Amendment Amount HCA Date of Execution to January 31,2022 of applicable) $ 154,170 Reason for Amendment: $Base $Rural Service $Attribution $Multi Project $Health $Provider Incentive Incentive $8,200 $0 Equity Reporting $42,930 $0 Incentive $103,040 $0 Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract#K2293-32 Page 1 THIS"MEDICAID TRANSFORMATION PROJECT AMENDMENT"(AMENDMENT)is made and entered into by and between Cascade Pacific Action Alliance(CPAA)an Accountable Community of Health(ACH) And Mason County Community Services a Medicaid Transformation Project Partnering Provider(Partner) pursuant to Washington State's Medicaid Transformation Project(MTP). 3. ® THIS ITEM APPLIES ONLY TO BILATERAL AMENDMENTS The Contract identified herein,including any previous amendments thereto,is hereby amended as set forth in item 5 below by mutual consent of all parties hereto. 4. ❑ THIS ITEM APPLIES ONLY TO UNILATERAL AMENDMENTS The Contract identified herein,including any previous amendments thereto,is hereby unilaterally amended as set forth in item 5 below pursuant to the changes and modifications clause as contained therein. 5. PURPOSE OF AMENDMENT: a) To define methodology for funding allocation i. The calculation for DY 2 funds are based on calculations provided by Washington State Health Care Authority(HCA).Funding is contingent upon the achievement value CPAA receives for submission of HCA required documentation and 100%completion of Partner Provider deliverables as stated in the Partner's original contract Addendum B—Scope of Work. b) To define funding area allocations i. Base incentive—Allocation based on selection as Partner Provider ii. Rural incentive—Allocation based on RUCA score(rural-urban commuting area)derived from averaged zip codes reported in the original RFP submitted iii. Attribution—Allocation based on Medicaid lives served based on zip codes reported in original RFP submitted iv. Health Equity—Allocation based on Community Needs Index score averaged by zip codes provided in the original RFP submitted v. Bonus incentive—Allocation based on multi-project participation in more than one project area c) To present definitions for MTP Projects Areas,MTP Interventions and Ohange Plans i. MTP Project areas were developed by Washington State's Health Care Authority.Participation in the various Project Areas was determined by each Accountable Community of Health(ACH).CPAA selected to participate in the following project areas: • 2A:Bi-Directional Integration of Care • 2B:Community-Based Care Coordination • 2C:Transitional Care • 3A:Addressing the Opioid Use Public Health Crisis • 3B:Reproductive and Maternal/Child Health • 3D:Chronic Disease Prevention and Control Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract#K2293-32 Page 2 ii. MTP Interventions support each of the six MTP Project areas.Every project area has its own menu of state-approved,evidence-based interventions as defined in the MTP project toolkit that must be pursued to achieve targeted levels of improvement for project-specific outcomes. iii. MTP Implementation Partners chose which MTP Interventions to implement for each of their CPAA approved MTP Project areas which are listed in the Partner's Change Plan. d.)To provide further definition to the Partner's original contract Addendum B— Statement of Work under Section 3"The Partners Roles and Responsibilities" Item X—"The Partner will complete tasks and deliverables as set forth in the Change Plan and agrees to notify the CPAA Program Manager if timeline or deliverable will not be submitted as required."Per this amendment: The Partner may amend the Change Plan under two conditions: i. Annual Modifications ii. A qualifying event e.) Annual Modification i. Organizations requesting a Change Plan modification must do so in writing using the Change Plan Modification Request Form(Addendum A)request must be submitted by 11/01/2019 to reporting@cpaawa.org f.) Qualifying Event i. Organizations are asked to complete the Change Plan Modification Request Form (Addendum A)and submit to reporting@cpaawa.org within 60 days of the qualifying event to request a Change Plan Modification v A qualifying event is defined as an unforeseen circumstance that alters the scope of work or execution of work fundamentally. Staff turnover or delayed implementation do not count as qualifying events. g.) To provide additional reporting information i. Partners will submit reporting in accordance with the chart below to reporting@cpaawa.org Quarter 1(Jan-Mar) Quarter 2(Apr—Jun) Quarter 3(Jul-Sep) Quarter 4(Oct-Dec) 1.Change Plan 1.Change Plan 1.Change Plan 1.Change Plan Progress Report Progress Report Progress Report Progress Report 2.Intervention Metrics 2.Intervention Metrics 3.Change Plan Update April 30,2019 July 31,2019 October 31,2019 January 31,2020 ii. Partners participating in Projects 2A and 3A will submit project specific information related to pay for reporting(P4R)metrics established by the Washington State Health Care Authority(HCA).In order to align with the HCA reporting timeframe,CPAA will gather this information from partners on a Cascade Pacific Action Alliance ACH LLC " Amendment DY2 Contract#K2293-32 Page 3 slightly earlier schedule than Change Plan Progress Reports outlined above. CPAA Program Managers will coordinate with each partner to complete this reporting requirement. a.Project 2A:The McHAF Site-Self Assessment needs to be completed semiannually between April 1 and June 30,2019 and October 1 and December 31,2019. • b.Project 3A:Complete the CPAA Opioid Response P4R Metrics Survey semiannually by June 15,2019 and December 15,2019. iii. Projected quarterly payments are stated below.Payments are estimated and subject to change based on Health Care Authority information. Reporting QTR 1 Reporting QTR 2 Reporting QTR 3 Reporting QTR 4 $25,760 $25,760 $25,760 $25,760 h.) Provide guidelines for Project 2B Pathways Outcome Based Payments i. An"Addendum B"will be included with this amendment only for Partners selected for and participating in Project 2B 6. ❑ This is a unilateral amendment. Signature of contractor is not required below. ® Contractor hereby acknowledges and accepts the terms and conditions of this amendment. Signature is required below. IN WITNESS WHEREOF,CPAA and the Partner have signed this agreement. PARTNER SIGNATURE DATE CHOICE REGIONAL HEALTH NETWORK SIGNATURE DATE Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract#K2293-32 Page 4 Addendum A— Change Plan Modification Request Form Change Plan Modification Request Form Annual Mani Plan Modification Request Ptaaess • Please complete the Change Plan Modification Request Form and submit to reportine@cpaawa.org between 10/01/2019 and 11/01/2019_ • Once the Change Plsn Modification Request has been approved,you will receive your organization's original approved Change Plan with instructions on how to make modifications. • • Please follow the instructions and submit your organization's updated Change Plan by 12/31/2019. • Submitted Change Plans will go through an internal approval process before being accepted. Qualifying EventChange Plan Motif-tuition Process: • Please complete the Change Plan Modification Request Form and submit to reporting@cpaawa.ore within 60 days of a qualifying event. o A qualifying event is defined as an unforeseen circumstance that fundamentally alters the scope of work or execution of work.Staff turn over or delayed implementation are not qualifying events,as these events will be captured in Quarterly Reporting. • Once the Change Plan Modification Request has been approved,you will receive your organization's original approved Change Plan with instructions on how to make modifications. • Please follow the instructions and submit your organization's updated Change Pian within 30 days of receipt. • Submitted Change Plans will go through an internal approval process before being accepted. organization Name: Name of Requestor: Date of Request Type of Request [)Annual Change Plan Modification Request f,,,jQualifying Event Change Plan Modification Request Description of Qualifying Event: Project Areas Affected: La,2A:Bi-Direction at Integration of Care 12B:Commu nit-Eased Care Coordination 1,12C:Transitional Care la3A:Opioid Response 136:Maternal and Child Health [ 13D:Chronic Disease Prevention and Control Reason for Changes: Brief Description of Changes: Forinternal use only- La Follow-up Requested Upequest Approved [ 1 Request Denied Cascade Pacific Action Alliance ACH LLC Amendment DY2 Contract#K2293-32 Page 5 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda X Public Hearing Other DEPARTMENT: Support Services EXT: 530 DATE: 4/23/19 Agenda Item # �, 13 (Commissioner staff to complete) BRIEFING DATE: 4/22/19 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Set a public hearing to review a proposed proposition to enact a .03% Public Safety Sales Tax increase. Background: The Mason County Citizens Budget Advisory Committee and the Public Safety and Criminal Justice Task Force Committee recommended to the Mason County BOCC to implement a .03% Public Safety Sales Tax increase for the purpose of improving jail capacity through removing the jail capacity restriction and utilize inmate outsourcing, as well as additional funding for other Criminal Justice / Public Safety needs. Approval to: Set a Public Hearing May 7, 2019 to have citizen comment on a proposition to enact the Sales and Use Tax for Public Safety for .03% MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing0 Other ❑ Department: Community Services Ext: 286 Date: April 23, 2019 Agenda Item #/ (Commissioner Staff To Complete) Briefing Date: March 25, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing on April 23, 2019 at 6:15 p.m.to consider amendments to Title 16. Background: The planning department did a comprehensive audit of Title 16, going back to 1937,to reconcile the differences with the on-line published version of Title 16 Plats and Subdivisions Code with the master document.The findings included several instances of adopted Ordinances that either missed being published on-line (Municode) or getting updated in the master document. In addition to correcting Title 16 based on previously approved Ordinances,the department made corrections for consistency with state law and updated to gender- neutral language. RECOMMENDED ACTION: Board of County Commissioners shall adopt the revisions to Mason County Code Title 16 Plats and Subdivisions Code. Attachment(s): Ordinance Title 16 Amendments 4/16/2019 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY CODETITLE 16 ORDINANCE amending Mason County Code Title 16, Plats and Subdivisions. WHEREAS, under the authority of Chapter 58.17 RCW, Mason County has authority to regulate the process by which land is divided; and WHEREAS, the Mason County Planning Department found discrepancies in Title 16 between the on-line published code and its master document and performed a comprehensive audit dating back to 1937 to reconcile the differences; and WHEREAS, the Department relied on approved Mason County Ordinances and consistency with state law in correcting the master document; and WHEREAS, the Board of County Commissioners conducted a public hearing regarding Mason County Code Title 16, Plats and Subdivisions on April 23, 2019; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 16, Plats and Subdivisions as described in ATTACHMENT A. DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner ATTACHMENT A 16.04.020—Purpose. (b) Short Subdivisions.The purpose of Chapter 1636 is to regulate the division of land into four or fewer lots (up to nine lots within a Urban Growth Area) and make appropriate provisions for public health, safety and general welfare,for open spaces, drainage ways, streets or roads, light and air, ingress and egress,transit stops, potable water supplies, sanitary wastes, parks and recreation areas,playgrounds, schools and schoolgrounds,and other public requirements,and shall consider all other relevant facts, including sidewalks and/or other planning features that assure safe walking conditions for students who walk to and from school;and to require uniform monumentation of land subdivision and conveyancing by accurate legal description. 16.08.165— Prima rycon servationareas. Wetlands, water bodies, floodway, slopes of twenty-five percent or greater, and other lands identified as critical areas in the Mason County inteFim resource ordinance. 16.16.060—Review and approval. (4)A final plat meeting all requirements of this title shall be submitted to the hearing examiner for approval within five dears the time frames prescribed by R.C.W. 58.17.140 following the date of preliminary plat approval. An applicant who files a written request with the department of community development at least thirty days before the expiration of this five-year period shall be granted one one-year extension upon showing that the applicant has attempted in good faith to submit the final plat within the five-year period. Requests for additional one-year extensions must be approved by the hearing examiner. Requests must be made inwriting and submitted to the department of community development at least thirty days before the expiration of the previously granted extension. Mason County is not responsible for providing notification of expiration; (6) Plats without an approved sanitary or municipal sewage works, shall have at least seventy- five percent of the lots approved by the Mason County health officer for individual septic tanks prior to approval by the hearing examiner. Plats within the urban growth area shall be approved by the Mason County health officer prior to approval by the hearing examiner. Such approval may contain restrictions on some lots which would run with the land until such time that the lots can be connected to e4 sewer and water services; 16.20.010—Procedure for filing. (f)An approved subdivision shall be governed bythe terms of approval of the final plat,and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3)for a period of five yearstt+f after final plat approval,unless the board of county commissioners finds that a change in condition creates a serious threat to the public health or safety in the subdivision. 16.20.040—Survey data and procedures. (10) In making the survey for the subdivision,the surveyor shall set sufficient permanent monuments so thatthe survey or any part thereof may be readily retraced. Such monuments 1 ATTACHMENT A shall be placed at all angle points,except as provided in subsection ("'efthis see 16.20.040(1),on the exterior boundary lines of the tract,and at intersections of centerlines of streets and at beginning of curves and end of curves on centerlines. Stakes set at lot corners will not be considered permanent.The character,type and position of all monuments shall be noted on the map. 16.20.060—Required improvements. (4) Monuments.Monument hases cases,approved bythe engineer,shall be required in all paved streets; 16.20.080—Minimum improvements—Completion. (3) If such improvement work be isnot completed satisfactorily before the final map is approved,the owner or owners of the subdivision shall, immediately upon approval and before the certification of the final map by the county,enter as contractor into an agreement with the board of county commissioners whereby, in consideration of the acceptance bythe board of county commissioners of the streets and easements offered for dedication,the contractor agrees to complete the work within the time specified in the agreement. To assure the county that this work will be completed, and lien holders paid, a bond shall befurnished guarantee ing faithful performance and guaranteeing payment for labor and materials.The amount of such bond shall bedetermined bythe engineer and approved bythe board of county commissioners astothe amount and adequacy of the bond.The performance bond shall befor a period of two years; provided that it may be renegotiated for an additional two- year period. In lieu of a bond, a cash deposit inthe required amount may be made; 16.20.90—Acknowledgment and certificates. (1)Description. "This plat of Acme Estates Mason County, Washington covers and includes all of the Southwest Quarter of the Southwest Quarter(SW 1/4 of the SW 1/4) of Section Eighteen (18), Township Twenty (20) North, Range Three (3) West of the Willamette Meridian." (2) Dedication. The completed plat must contain a dedication which shall read asfollows,when germane: "Know allnienpersons bythese presents that ,the undersigned, owner, infee simple of the land hereby platted and mortgages thereof hereby declare this plat and dedicate tothe use ofthe public forever all streets,avenues,places and sewer easementsor whatever public propertythereisshownontheplat and the usethereoffor anyandall public purposes not inconsistent with the use thereof for public highway purposes. Also,therightto makeall necessary slopes for cuts and fills upon lots,blocks,tracts,etc.,shown on this plat in the reasonable original grading of all the streets, avenues,places, etc., shown hereon.Also, the rightto drain all streets over and across any lotor lotswhere water mighttake a natural course afterthestreetorstreets are graded.Also,all claimsfor damages against any governmental authorityare'waived which maybe occasioned totheadjacent land bythe established construction,drainage,and maintenance of said roads-- 16.21.080—Mixed oads:16.21.080—Mixed uses. 2 ATTACHMENT A In urban growth areas, FWFal aetivity ^^E R Fal community GenteFs applicants are encouraged to provide a mix of land uses in addition to residential uses on the site,such as small-scale retail uses.Compliance with the provisions set forth in this section shall entitle the applicant to a residential density bonus equal to twenty-five percent of the difference between the standard residential density and the maximum residential density allowed within the particular development area. However, in no case shall the total of residential density bonuses allowed exceed the allowed maximum residential density withinthe development area. 16.23.010—Application of regulations. The following regulations shall apply to any applicant for subdivision approval,where the property proposed for subdivision is located within areas designated inthe Mason County development regulations as long-term commercial forests,mineral resource lands,and WOFI(iRgFUral aFeas Agricultural Resource Lands. 16.23.070—Additional open space criteria. The design of an open space area should encourage the following: (c) Direct accessfromasmany lots aspossible within the development, exceptfromAgricultura Resource Lands; (f) In Agricultural Resource Lands,include the most productive land and otherfeatures of the property identified as importantto agricultural productivity of the open space. 16.23.080 Additional site design EGnsideFatiGn5 Open Space Standards. The siting of house lots sheuld shall avoid the following: 16.23.090—Ownership, maintenance and use of open space. The applicant shall provide a mechanism to assure that any required open space is permanently protected and maintained, in conformance with the provisions set forth in Section 16.22.040. In Agricultural Resource Lands, no covenant or other restriction on the open space land may prohibit the use of the land for agricultural purposes. 16.23.100—Procedures for approval. Preliminary approva Ifor any pewee cluster subdivision shall follow the procedures set forth in Chapter 16.16,except that the submittal of a preliminary sketch plan is required. 16.28.010—Provisions of comprehensive plan. All subdivisions shall reflect and be guided by provisions of the comprehensive plan or other development plans as may be adopted bythe board and the eemmissien. 16.28.170—Lot size. 3 ATTACHMENT A (a) (3)The minimum gross land areas of lots served by individual sewage system on each lot shall betwo acres, provided that when the lots are proposed as part ofa performance subdivision or cluster subdivision,then the minimum lot size for a residential lot shall be twenty thousand (20,000)twelve th^us squa refeet.These minimum sizes shall befor lots proposed for single-family units outside of urban growth areas. When served by on-site septic systems, i lots for single-family units inside of urban growth areas and for multiple-family units shall be as approved bythe Mason County hearing examiner. 16.32.010—Compliance required. Platters shall be required to comply with current Mason County Health Department, Environmental Health Division FegulatieRs requirements. 16.36.010—Application of regulations. (b) (5)Any divisien of land for the PUFPOse of sale, lease OF gift to a geveFRMent OF gevernMeAt agendes-, provided the ir,teRt Gf. this title, is, et r„ Ilified; i c 2�T 16.36.021—Procedure-Administrator's duties. The Mason County community development director, referred to inthis chapter as the administrator, is vested with the duty of administering the provisions of this chapter and with authority to summarily approve or disapprove proposed short plats.The administrator may prepare and require the use of such forms as4e they deems essential to4is their duties. Procedures for short subdivisions shall be set forth in Section 16.36.021 through 16.36.027. (Res.dated 7/1/74(part)) 16.36.026—Procedure-Approval and filing. If the administrator determines that the foregoing requirements are met,ire they shall approve the application and shall transmit an approved copy to the subdivider. The short subdivision shall be filed with the county auditor. 16.36.027—Procedure-Appeal to heard hearings examiner. 4 ATTACHMENT A Any person aggrieved by the decision of the administrator to approve or disapprove a proposed short plat may appeal the decision to the bOaFd Of MaSen Ceunty hearing examinerwithin twenty daysfollowing issuance of the decision.The hearing examiner,following a public meeting thereon,may affirm or reverse the administrator's decision, or may recommend the application to the administratorwith instructions to approve the same upon compliance with the conditions imposed by the hearing examiner. 16.36.0-30-m-ministration AdminiStFatien E)f this chapter shall be asset forth inSeetiens 16.3&031thFOtAghI6.36.035. 16.36.035 - Variances. Where there is extraordinary hardship that may result from the strict compliance with these regulations,the subdivider may request a variance of these regulations so that substantial justice may be done, and the public interest secured. Application may be processed usingt4e Title 15 Section 15.09.057 variance criteria and subject to approval bythe hearing examiner; provided that such variation will not have the effect of nullifying the intent and purpose of the comprehensive plan,and Title 16,Mason County Code,-,,,4...411 be subject to -,Y,r,FeVa1 bythe 16.38.019- Application and procedures See Sections 16 3Q 011 +hre gh 1 G 34 019 fr,r appkatiGR and r ed r 16.38.012-Procedure-Administrator's duties and request for hearings. (2)Any party may request such a hearing if the administrator does not exercisehh„�their discretion in referring said application to the hearing examiner.This request for a hearing must be made within twenty-one days of the date the pkati9R nati-„ is „hrshed as Fecluired in RGVV58.17.095. notice of application isdisseminated consistent with Title 15, Chapter 15.07 and RCW 58.17.095.The request shall be in writing and shall be directed to the administrator. 16.38.019- Procedure-Appeal to heard hearing examiner. Any person aggrieved bythe decision of the administratorto approve or disapprove a proposed large lot plat may appeal the decision to the hearing examiner within ten days following issuance of the decision.The hearing examiner, following a public meeting thereon, may affirm or reverse the administrator's decision,or may referthe application to the administrator with instructions to approve the same upon compliance with the conditions imposed bythe hearing examiner.All appeals shall beseRttethe hearing,,.,-,.,-,•r„r ; rating via Ftified ,,.,.,il with r„t , receipt requested filed in accordance with Title 15, Chapter 15.11. 16 38 nen_ Design standards See Sections 16.38.021 through 16.38.024 fe design standaTdS-. 16.38.038-RequiFed iffiPFevements. 5 ATTACHMENT A See Section 16.38 81 th a 16 38 035 f d r. �=c��ivvgT rv�vv�»vT�cgarFca�mprvvcn�cnc�. 1-6.3~8.0-40-SeG Aty See Section 16.38.041 faF seewity FneaSUFeS. See Sections 1638.051 thFough 16 3o me fE)F tFatigR -rnrvcrsn rv�vv�vii>nvcivrr. 16.40.010-Modifications. Where the applicant finds that extraordinary hardship may result from the strict compliance with these regulations, and application for variance to the regulations may be made on county forms and following the provisions of Mason County Code Title 15, Section 15.09.057,variance criteria, so that substantial justice may be done and the public interest secured. Such variation shall not have the effect of nullifying the intent and purpose of the comprehensive plan, Title 16 (Mason County Code), and said variance may be appealed using Mason County Code Title 15, Chapter 15.11.Appeals Procedures. Any variances from health standards (WAC 248-96) must be obtained through the director of the Mason County health department. 16.44.030 - Transfer or sale without final plat-Action to restrain or enjoin. Whenever any parcel of land is divided into five or more lots,tracts, or parcels of land and any person,firm or corporation or any agent of any of them sells ortransfers, or offers or advertises for sale ortransfer, any such lot,tract, or parcel without having a final plat of such subdivision filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales,or transfers, or offers of sale or transfer and compel compliance with all provisions of this title. The costs of such action shall betaxed against the person,firm, corporation, or agent selling or transferring the property. However, if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract,or parcel of land following preliminary plat approval is expressly conditioned on the ordering of the final plat containingthe lot,tract,or parcel,the offer or agreement is not subiect to RCW 58.17.200 or 58.17300 and does not violate any provision of this Title and all payments on account of an offer or agreement conditioned as provided inthis section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the plat isrecorded. 16.48.020 - Classification of roadway. (a)As used in this chapter: (1) "County arterial" means a county road primarily serving through traffic to, from and between principal population, commercial or industrial areas; such arterial routes are designated on the county's arterial system, such "county arterials" may be "major arterials," "secondary arterials" or"collector arterials"; these terms are not to be confused with the classification of streets within the plat below the grade of"county arterial." 6 ATTACHMENT A abutting pFepeFties. GeneFally, leeal aceesS Feads eF StFeets will seFve twenty five eF feWeF . (42) "Primary collector" means a road or street that carries traffic from secondary collectors, local access and marginal access roads or streets to the major system of arterial streets and highways. Generally, primary collectors will serve an area containing more than one hundred lots. (43) "Secondary collector" means a road or street that carries traffic from local access and marginal access roads or streets to the major collectors. Generally, secondary collectors will serve areas containing more than twenty-five and less than one hundred lots. (4)"Local access road or street" means a road or street that serves primarily a limited number of abutting properties. Generally, local access roads or streets will serve twenty-five or fewer lots. 7