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Home My WebLink About2019/12/09 - Briefing Packet Dec.9.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of December 9, 2019 Monday, December 9, 2019 Commission Chambers 9:00 A.M. Support Services — Frank Pinter 9:15 A.M. Community Services — Dave Windom 9:40 A.M. Public Works — Loretta Swanson Utilities & Waste Management 10:00 A.M. Interview for Planning Advisory Committee 10:15 A.M. Closed Session 42.30.140 (4) Labor Discussion 11:00 A.M Sheriff's Office — Sheryl Hilt 11:30 A.M. Superior Court — Judge Finlay Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 12/06/19 at 11:12 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF December 9, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CO 1854 Mason County Support Services Department Budget Management 411 North 5th Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES December 9, 2019 • Specific Items for Review o MOU between Shelton City, Shelton School District and Mason County Parks&Trails regarding the Skate Park Operations—expiration 02/24/2020- Ross o Public Works Engineer 1 and 2 job descriptions—Dawn o Move Historic Preservation to Current Expense—Jennifer o Status of Janitorial Services- Kelly • Commissioner Discussion J:\DLZ\Briefing Items\2019\2019-12-09.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks & Trails EXT: 806 BRIEFING DATE: 12-09-2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance €Human Resources X Legal €Other — please explain ITEM: MOU between Shelton City, Shelton School District and Mason County Parks &Trails regarding the Skate Park Operations — expiration 02/24/2020 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mark Ziegler from the city of Shelton requested a meeting to discuss the MOU for the skate park that will be expiring 02/24/2010. The purpose of this MOU is to facilitate a lease agreement and management responsibilities of the Shelton Skate Park, located at 110 Wallace Kneeland Blvd., Shelton. As of February 24, 2015, the County transferred ownership of the skate park ramps to the City of Shelton and removed the skate park from County's property and liability insurance. On that same date, the City of Shelton accepted full responsibility of the skate park and added it to their property and liability insurance. The City and the County agree that if, by the end of the five-year lease (February 24, 2020) funding is not raised to either re-build or re-locate the skate park, the City and the County will negotiate an extension to this agreement or jointly close and decommission the skate park. If closed, the cost of the closure being shared 50/50 between the City and The County and return the grounds to a condition agreeable to the School District. The County entered into a pledge of $5,000 per year to the City of Shelton for the operations and will also provide staff expertise needed for structural and ramp repairs. The skate park's regular maintenance and cleanup is essential to insure the safety and usability of the property. BUDGET IMPACT: Mason County Parks &Trails currently budgets the $5,000 annually for the Skate Park. PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) Briefing Summary 12/2/2019 RECOMMENDED OR REQUESTED ACTION: Legal review of the MOU from the Mason County Prosecutor's Office. Discussion and decision to either: extend the MOU for another 5 years at $5,000 a year or decommission and close the skate park with a 50/50 cost share of removal/disposal of structure/ramps. ATTACHMENTS: MOU between City of Shelton, Shelton School District and Mason County Facilities, Parks & Trails Regarding Skate Park Operations, dated February 24, 2015. Briefing Summary 12/2/2019 MEMORANDUM OF UNDERSTANDING Between City of Shelton, Shelton School District and Mason County Facilities, Parks & Trails Regarding Skatepark Operation 1.1 PARTIES This agreement is entered into between the City of Shelton ('City"), Shelton School District ('District")and Mason County Parks& Trails (`County"). The above entities are collectively referred to as the PARTIES. 1.2 PURPOSE AND USE The PARTIES agree that the purpose of this agreement is to facilitate a lease agreement and management responsibilities of the Shelton Skatepark, located at 110 Wallace Kneeland Blvd, Shelton, from County to the City. The lease agreement concerns the skateboard ramps, concrete pad, and fencing. The Shelton School District retains ownership of the land. 1.3 DESCRIPTION OF PROJECT The PARTIES agree that the project objective is to form a partnership primarily between County and the City to operate the skatepark with the City as the lessee and the District as the lessor. Under the terms of this agreement, the PARTIES agree to the following: 1) The City will enter into a lease agreement with the District to operate the skatepark for a term of five (5) years. 2) The County will pledge up to but not exceeding$5,000 annually to the City for operations and will also provide staff expertise needed for structural and ramp repairs. 3) During the five year lease period, the City and the County agree that they will partner to write grants and fundraise to either rebuild the skatepark at the present location or find a new location to build a new skatepark and decommission the existing skatepark. The City will assume complete operational responsibilities of a new or rebuilt facility. 4) The City and the County agree that if, by the end of the five year lease,funding has not been raised to either re-build or re-locate the skatepark, the City and the County will negotiate an extension to this agreement or jointly close and decommission the skatepark and return the grounds to a condition agreeable to the District, with costs of closure being shared 50/50 between the City and the County. 1.4 TERM The term of this agreement shall commence immediately upon signatures of all PARTIES. i Effective date Mason County will transfer the skatepark ramps located at 110 Wallace Kneeland Boulevard, Shelton, WA 98584 to City of Shelton and will remove skatepark from the County's property and liability insurance. 2015. I Effective date the City of Shelton accepts full responsibility of skatepark located at 110 Wallace Kneeland Boulvard, Shelton, WA 98584 on the City's property and liability insurance. 2015 1.5 RESPONSIBILITIES OF THE COUNTY The County will provide and support all of the following: • Assist the City with transfer of skatepark to City management. • Provide any agreed monetary and non-monetary support required during lease period. • Mobilize community groups to help with fundraising, maintenance and clean up of the facility. • Jointly write grants with the City to either construct a new skatepark or renovate the existing skatepark. • Mobilize cleanup work parties for the skatepark when available. • Transfer any spare parts or supplies for the skatepark to the City. • Provide any technical advice and/or services as requested. i 1.6 RESPONSIBILITIES OF the City The City will provide and support all of the following: • Assume management of the skatepark fixtures including ramps,concrete pad,and fencing. • Enter into a lease agreement with the District for management and ownership of the skatepark. I • Assume primary maintenance and operations responsibilities for the skatepark. • Coordinate with County for site cleanup. • Request staff assistance from County for repairs as needed • Jointly write grants with County to either construct a new skatepark or renovate the existing skatepark. j • Mobilize community groups to help with fundraising,maintenance and clean up of the facility. • Request assistant from County for technical advice on the maintenance and operations of the skatepark as needed • All persons on the said Leased Premises shall be at the risk of the City. The County shall not be liable to City for any damage to persons or property resulting from the carelessness, negligence or improper use occurring at the Premises. The City agrees 1 I i to defend and hold harmless the County from any claim, action and/or judgment for injury or damage to persons or property arising from use of the Premises. I 1.7 RESPONSIBILITIES OF DISTRICT District will provide and support the following: • Support transfer of operations from MPTD to City • Prepare a new ground lease for the City • Provide direction on acceptable site conditions should the skatepark operation cease. 1.8 TERMINATION Any Party may terminate its participation in this agreement with a minimum 180 days prior written notice to the other parties,and in accordance with the termination provisions of the Lease Agreement. Provided, however, that if the County's decision to terminate its participation in this Agreement results in closure of the skatepark or termination of the City's Lease with the District,the County and City shall share equally in the cost of any removal of improvements and site restoration that need to be performed. I 1.9 EFFECTIVE DATE i This agreement shall be in full force and effect upon approval by the City, County and l 1 School officials signing below on behalf of all the PARTIES. i Dated this I-- day of2015 MASON COUNTY City of SHELTON i Y SHELTON SCHOOL DISTRICT By I I i i 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Human Resources EXT: 422 BRIEFING DATE: December 9, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Based on a Fair Labor Standards Act questionnaire completed for both Public Works Engineer I & II positions it is recommended to change the current position status of exempt to non-exempt. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Based on the Fair Labor Standards act both the Engineer I & II positions qualify for being non-exempt. To be qualified for the Engineer I & II it is preferred but not required to have a Bachelor's Degree. Neither of the positions have supervisory duties, nor do they perform non-manual work directly related to the management of the department. BUDGET IMPACT: NA PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) NA RECOMMENDED OR REQUESTED ACTION: Informational only ATTACHMENTS: Engineer I & II Job Descriptions Briefing Summary 12/4/2019 POSITION DESCRIPTION Title: Engineer I Department: Public Works Affiliation: Non Represented Reports to: Engineering & Construction Manager Exempt: Non-Exempt: X Supervises/Directs: May supervise Engineering Techs, Interns, Consultants and Contractors Risk Class: 1501-00 Salary Range: According to current Non Represented Salary Scale Job Class: 3031 Elected Official/Director Approval Date: JOB SUMMARY Responsible for all types of Public Works projects from design conception through completion of construction, in accordance with established policy and professional standards, including but not limited to- • Roadway, bridge, wall, drainage, and street lighting design, inspection and construction oversight • Ensuring receipt of project permits • Identifying ROW needs and coordinating the acquisition of right-of-way • Performing and overseeing technical studies • Developing and managing consultant contracts • Responding to emergencies Depending on the level of the Project Engineer, may be required to work under the supervision of others, independently, or to supervise the work of others. WORK/RESPONSIBILITIES Coordinates and facilitates projects internally with transportation, environmental, surveyor, right-of- way, maintenance, and accounting; coordinates externally with the County Planning Department, permit and government agencies/departments, contractors, consultants and the public. Also coordinates with public and private franchise utilities to eliminate conflicts and arrange work schedules. Prepares plans, specifications and estimates for all types of projects. Provides design information and exhibits necessary for environmental documentation, permitting and ROW acquisition. Coordinates design and construction schedules, working with Engineering & Construction Manager. Prepares scope of work, manages and monitors consultant agreements. Performs construction inspection work when required to ensure compliance with contract plans, specifications and provisions. Ensures that materials acceptance and testing is performed as required. Rev 1.2015/Rev 2.2018/Rev 3.09.18.2018 Maintains accurate and detailed construction records such as: daily reports, field notes, as-built drawings, etc. and reviews records prepared by construction inspectors. Also prepares pay estimates, change orders and construction documentation files for review. Interprets plans and specifications and addresses questions from contractors during bidding and construction. May assign tasks, review work, and/or supervise lower-level Project Engineers and Technicians in the completion of design, construction, and contract administration tasks. Also performs peer review for others. Provides technical support to the road maintenance section of Public Works. Provides response for County-wide emergencies in any capacity needed. Duties may include, but are not limited to, staffing the County's Emergency Operations Center, inspecting damaged facilities, preparation of estimates for repairs and other necessary documentation for project funding, coordination with consultants, preparation of emergency PS&E, and inspection of emergency repairs. May be required to attend bridge inspection training and prepare elements of bridge inspection reports and/or become a Bridge Inspection Team Leader. Conducts bridge inspections for annual program documenting the condition of the structures, compiling reports, and recommending improvements to address found defects. Attends and participates in professional group meetings, keeps abreast of new trends and innovations in the engineering field. Also performs research on materials, products or other data as required to complete projects. Shows initiative in performing job functions — has the ability to accurately estimate the time for completion of tasks and meets self-imposed deadlines, requests timely guidance when needed, regularly seeks opportunities to take on additional tasks and responsibilities, and seeks opportunities for training as it becomes available or needed. Performs a variety of office and field support duties as required. Regular, reliable and punctual attendance. WORKING CONDITIONS Works primarily indoors in a clean, climate-controlled workspace. Some outdoor work is required, sometimes during inclement weather and occasionally during the night. Outdoor work may require traversing rough terrain as well as exposure to heavy construction equipment, loud noise, dust and debris. QUALIFICATIONS Knowledge of.- • Use of personal computer for drafting and design tasks as well as for email, word processing, spreadsheets, scheduling, internet research, graphics, database management, and use of printers/plotters and digital cameras in support of work responsibilities. • Engineering principles, practices, methods, plans, specifications, CADD procedures and drafting standards. Rev 1.2015/Rev 2.2018/Rev 3.09.18.2018 • Advanced mathematics, algebra, geometry, trigonometry, and engineering formulas. • County, state and federal regulations and codes pertaining to public works, engineering and construction, including (but not limited to) WSDOT Standard Specifications, Local Agency Guidelines (LAG), and AASHTO Design Standards. • Principles and practices of road construction, including earthwork, roadway, bridge, utility, drainage, erosion and sediment control. Understanding of efficient use of construction equipment as well as materials testing requirements. Ability to perform testing if required, and working knowledge of test results, allowing for acceptance/rejection of materials. • Design and construction references, including but not limited to: WSDOT Design Manual, WSDOT Construction Manual, Standard Plans, Plans Prep Manual, Highway Runoff Manual, AASHTO, MUTCD, etc. • Principles of construction inspection, including understanding and application of specifications outlining the obligations of the Contractor and the Contracting Agency, as well as the ability to enforce the provisions of the contract. • Surveying and mapping principles and practices. • Project management techniques and procedures, including scheduling. Ability to: • Communicate clearly and concisely, orally and in writing, in English. • Work and communicate effectively and courteously with other employees, the public, outside agencies, Consultants and Contractors. Also employ tact and courtesy when interacting with the aforementioned, occasionally in difficult/tense situations. The employee may be required to deal with disgruntled individuals requiring the use of conflict management skills. • Read, interpret and communicate engineering plans and specifications, prepared to any Engineering or Architectural Standard. • Adapt approved engineering methods to the design and construction of county projects. • Exercise sound independent professional judgment in making decisions on difficult engineering problems. • Plan, supervise and coordinate engineering work. • Prepare bid documents and plans. • Analyze and identify problem areas and develop solutions. • Set work priorities, manage and guide the work of project staff (Engineers, Technicians, Interns, and Consultants) and Contractors, and to mentor less experienced coworkers. • Inspect and evaluate the condition of public works structures. • Identify quality of construction materials. • Negotiate with contractors, consultants, outside agencies and the public. • Maintain confidentiality within the department or work group, as necessary. • Required to sit, talk and hear; frequently required to use hands to finger, feel or handle writing utensils, computers and office supplies which require repetitive arm, wrist and hand movement. Occasionally required to stand and reach with arms and hands, climb, balance, stoop, kneel, crouch, bend or crawl. • Specific vision abilities include close, distant, color and peripheral vision, depth perception and to adjust focus. • Employee may occasionally be required to lift or move up to 40 pounds. EDUCATION AND EXPERIENCE (Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job.) • Bachelor's degree in Engineering (preferably civil engineering) Rev 1.2015/Rev 2.2018/Rev 3.09.18.2018 • Equivalent related field or office experience in Civil Engineering LICENSES, CERTIFICATES AND OTHER REQUIREMENTS • A valid Washington State Driver's License • First Aid/CPR/AED certification • Maintenance of current skills and additional training as needed ENGINEER I Entry level position. Work Product Prepares plans, specifications and estimates (PS&E) for review and incorporation into projects. Prepares project design files. Involved with coordination with Environmental and Right of Way support groups, as well as outside utilities and residents. Inspects one or more elements of a construction project with oversight by a primary inspector or supervisor and prepares necessary paperwork, including but not limited to, field notes, IDRs, wage rate interviews, independent estimates and other change order documentation. Paperwork is reviewed by primary inspector on a daily basis. Prepares some elements of contracts. Level of authority: Ask and Recommend. REQUIRED TRAINING FOR THIS POSITION Sexual Harassment & Discrimination —Annually Blood Bourne Pathogens —Annually Smart Risk Management— Once Slip, Trip and Fall —Annually Safe Lifting Practices —Annually FEMA IS 100.c and 700.b All employee's-Once REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING- ALL ANNUALLY Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. Rev 1.2015/Rev 2.2018/Rev 3.09.18.2018 Elected Official / Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: HR or Manager Signature: Rev 1.2015/Rev 2.2018/Rev 3.09.18.2018 POSITION DESCRIPTION Title: Engineer II Department: Public Works Affiliation: Non Represented Reports to: Engineering & Construction Manager Exempt: Non-Exempt: X Supervises/Directs: May supervise Engineering Techs, Interns, Consultants and Contractors Risk Class: 1501-00 Salary Range: According to current Non Represented Salary Scale Job Class: 3032 Elected Official/HR Approval Date: JOB SUMMARY Responsible for all types of Public Works projects from design conception through completion of construction, in accordance with established policy and professional standards, including but not limited to: • Roadway, bridge, wall, drainage, and street lighting design, inspection and construction oversight • Ensuring receipt of project permits • Identifying ROW needs and coordinating the acquisition of right-of-way • Performing and overseeing technical studies • Developing and managing consultant contracts • Responding to emergencies Depending on the level of the Project Engineer, may be required to work under the supervision of others, independently, or to supervise the work of others. WORK/RESPONSIBILITIES Coordinates and facilitates projects internally with transportation, environmental, surveyor, right-of- way, maintenance, and accounting; coordinates externally with the County Planning Department, permit and government agencies/departments, contractors, consultants and the public. Also coordinates with public and private franchise utilities to eliminate conflicts and arrange work schedules. Prepares plans, specifications and estimates for all types of projects. Provides design information and exhibits necessary for environmental documentation, permitting and ROW acquisition. Coordinates design and construction schedules, working with Engineering & Construction Manager. Prepares scope of work, manages and monitors consultant agreements. Performs construction inspection work when required to ensure compliance with contract plans, specifications and provisions. Ensures that materials acceptance and testing is performed as required. Rev 1.2015/Rev 2.2018 Maintains accurate and detailed construction records such as: daily reports, field notes, as-built drawings, etc. and reviews records prepared by construction inspectors. Also prepares pay estimates, change orders and construction documentation files for review. Interprets plans and specifications and addresses questions from contractors during bidding and construction. May assign tasks, review work, and/or supervise lower-level Project Engineers and Technicians in the completion of design, construction, and contract administration tasks. Also performs peer review for others. Provides technical support to the road maintenance section of Public Works. Provides response for County-wide emergencies in any capacity needed. Duties may include, but are not limited to, staffing the County's Emergency Operations Center, inspecting damaged facilities, preparation of estimates for repairs and other necessary documentation for project funding, coordination with consultants, preparation of emergency PS&E, and inspection of emergency repairs. May be required to attend bridge inspection training and prepare elements of bridge inspection reports and/or become a Bridge Inspection Team Leader. Conducts bridge inspections for annual program documenting the condition of the structures, compiling reports, and recommending improvements to address found defects. Attends and participates in professional group meetings, keeps abreast of new trends and innovations in the engineering field. Also performs research on materials, products or other data as required to complete projects. Shows initiative in performing job functions — has the ability to accurately estimate the time for completion of tasks and meets self-imposed deadlines, requests timely guidance when needed, regularly seeks opportunities to take on additional tasks and responsibilities, and seeks opportunities for training as it becomes available or needed. Performs a variety of office and field support duties as required. Regular, reliable and punctual attendance. WORKING CONDITIONS Works primarily indoors in a clean, climate-controlled workspace. Some outdoor work is required, sometimes during inclement weather and occasionally during the night. Outdoor work may require traversing rough terrain as well as exposure to heavy construction equipment, loud noise, dust and debris. MINIMUM QUALIFICATIONS: Knowledge of: • Use of personal computer for drafting and design tasks as well as for email, word processing, spreadsheets, scheduling, internet research, graphics, database management, and use of printers/plotters and digital cameras in support of work responsibilities. • Engineering principles, practices, methods, plans, specifications, CADD procedures and drafting standards. • Advanced mathematics, algebra, geometry, trigonometry, and engineering formulas. Rev 1.2015/Rev 2.2018 • County, state and federal regulations and codes pertaining to public works, engineering and construction, including (but not limited to) WSDOT Standard Specifications, Local Agency Guidelines (LAG), and AASHTO Design Standards. • Principles and practices of road construction, including earthwork, roadway, bridge, utility, drainage, erosion and sediment control. Understanding of efficient use of construction equipment as well as materials testing requirements. Ability to perform testing if required, and working knowledge of test results, allowing for acceptance/rejection of materials. • Design and construction references, including but not limited to-. WSDOT Design Manual, WSDOT Construction Manual, Standard Plans, Plans Prep Manual, Highway Runoff Manual, AASHTO, MUTCD, etc. • Principles of construction inspection, including understanding and application of specifications outlining the obligations of the Contractor and the Contracting Agency, as well as the ability to enforce the provisions of the contract. • Surveying and mapping principles and practices. • Project management techniques and procedures, including scheduling. Ability to: • Communicate clearly and concisely, orally and in writing, in English. • Work and communicate effectively and courteously with other employees, the public, outside agencies, Consultants and Contractors. Also employ tact and courtesy when interacting with the aforementioned, occasionally in difficult/tense situations. The employee may be required to deal with disgruntled individuals requiring the use of conflict management skills. • Read, interpret and communicate engineering plans and specifications, prepared to any Engineering or Architectural Standard. • Adapt approved engineering methods to the design and construction of county projects. • Exercise sound independent professional judgment in making decisions on difficult engineering problems. • Plan, supervise and coordinate engineering work. • Prepare bid documents and plans. • Analyze and identify problem areas and develop solutions. • Set work priorities, manage and guide the work of project staff (Engineers, Technicians, Interns, and Consultants) and Contractors, and to mentor less experienced coworkers. • Inspect and evaluate the condition of public works structures. • Identify quality of construction materials. • Negotiate with contractors, consultants, outside agencies and the public. • Maintain confidentiality within the department or work group, as necessary. • Required to sit, talk and hear-, frequently required to use hands to finger, feel or handle writing utensils, computers and office supplies which require repetitive arm, wrist and hand movement. Occasionally required to stand and reach with arms and hands, climb, balance, stoop, kneel, crouch, bend or crawl. • Specific vision abilities include close, distant, color and peripheral vision, depth perception and to adjust focus. • Employee may occasionally be required to lift or move up to 40 pounds. EDUCATION AND EXPERIENCE (Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job.) • Bachelor's degree in Engineering (preferably civil engineering) • Equivalent related field or office experience in Civil Engineering Rev 1.2015/Rev 2.2018 LICENSES, CERTIFICATES AND OTHER REQUIREMENTS • A valid Washington State Driver's License • First Aid/CPR/AED certification • Maintenance of current skills and additional training as needed • Certification as an Engineer in Training (EIT) is preferred. ENGINEER II — DISTINGUISHED BY: Incumbent will have at least two years of experience as an Engineer I or equivalent AND will have the ability to produce Work Products outlined below. Work Product Independently prepares PS&E for review. Independently prepares design files. Coordinates independently with Environmental and ROW support groups, outside utilities, residents, Consultants and Contractors. Checks the work (PS&E preparation) of other Project Engineers and Technicians. Inspects construction projects and prepares necessary paperwork, including but not limited to, field notes, IDRs, wage rate interviews, independent estimates and other change order documentation. Paperwork is reviewed by a supervisor on a daily or weekly basis. Level of authority: Act and Report Immediately. ENGINEER II - HYDRAULIC ENGINEER-DISTINGUISHED BY: Incumbent education and experience will include an emphasis on some combination of hydraulics, hydrology, geology and natural processes. Responsible for overseeing the delivery of hydraulic/hydrology aspects of Public Works road and bridge projects. Coordinates environmental restoration efforts within the Skokomish watershed and countywide fish barrier projects. Reviews new development proposals for compliance with minimum stormwater management design standards. Implements stormwater program recommendations. MINIMUM QUALIFICATIONS: • BSCE or related • 2 years design experience as an Engineer I or equivalent with emphasis on hydraulics, hydrology, geology and natural processes Knowledge of: • The Highway Runoff Manual • The Stormwater Management for Western Washington and Low Impact Development Manual • Water Crossing Design Guidelines • Western Washington Hydrology Model and conveyance models REQUIRED TRAINING FOR THIS POSITION Sexual Harassment & Discrimination —Annually Blood Bourne Pathogens —Annually Smart Risk Management— Once Rev 1.2015/Rev 2.2018 Slip, Trip and Fall —Annually Safe Lifting Practices —Annually FEMA IS 100.c and 700.b All employee's-Once REGULAR MONITORED DRIVER: X Yes No DEFENSIVE DRIVING- ALL ANNUALLY Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. Elected Official / Director Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: HR or Manager Signature: Rev 1.2015/Rev 2.2018 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: December 9, 2019 PREVIOUS BRIEFING DATES: ITEM: Historical Preservation, Fund #116, Internal Allocation Options EXECUTIVE SUMMARY: The Historical Preservation Board members have expressed concern over the internal allocation cost for central services that began in 2018. In 2017, the County solicited the help of an outside CPA to implement an internal allocation collection plan. This plan has helped to distribute the cost of central services that were previously born almost entirely by the General Fund. Only several of the larger county funds were charged for internal allocations prior to 2018. While this plan has helped to spread the cost of central services to those funds that use the services, it has arguably hurt some of the smaller funds that had become accustomed to not paying a charge for services. The Historical Preservation Fund's internal allocation costs have ranged between $4-$5k from 2018 through 2020. The fund typically collects around $18k annually in revenue. This amounts to approximately 20%-30% of the funds resources going towards the internal allocation fee. The State Auditor's Office has advised the County that this fund has the option of becoming a department within the General Fund. The fund balance would need to be marked as restricted and tracked separately for accounting and reporting purposes. Incorporating the Historical Preservation Fund as a department within the General Fund would eliminate the need to collect an internal allocation on these funds, but would create the burden of tracking the fund balance separately. Alternatively, the Board may choose to leave the Historical Preservation Fund as a Special Fund and transfer an unreserved amount from the General Fund to the Historical Preservation in order to help alleviate some of the financial burden to the fund. BUDGET IMPACTS: None at this time RECOMMENDED OR REQUESTED ACTION: Request the Board indicate if the Historical Preservation Fund remain as a separate Special Fund, receive an unreserved transfer in from the General Fund, become part of the General Fund in order to avoid paying the internal allocation charge directly, or no change. ATTACHMENTS: N/A JABudget OfficeTorms\Briefing Summary-Template.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kelly Frazier DEPARTMENT: Support Services/Facilities EXT: 519 BRIEFING DATE: December 9, 2019 PREVIOUS BRIEFING DATES: December 2, 2019 If this is a follow-up briefing, please provide only new information ITEM: Recommendation for janitorial services EXECUTIVE SUMMARY: A request for proposals was issued for 2020 janitorial services and six proposals were received. After reviewing the proposals, three vendors were interviewed. The recommendation is to award to Coastal Custodial for the annual amount of $133,924. The current contract is for $100,000 and the 2020 budget request to increase this budget line to $120,000 was not approved. If this award is accepted by the Commissioners, an additional $34,000 is needed from Current Expense ending fund balance. Staff believes it is necessary to increase this budget line in order to obtain the professional level of janitorial services necessary for the county buildings. BUDGET IMPACTS: Request for an additional $34,000 in Current Expense. RECOMMENDED OR REQUESTED ACTION: Award contract to Coastal Custodial, place contract on the December 17 agenda and adjust the 2020 budget in 2020. Briefing Summary 12/4/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Amber Finlay, Presiding Judge Daniel Goodell, Judge Monty Cobb Judge DEPARTMENT: Superior Court EXT: 206 BRIEFING DATE: December 9, 2019 @ 11:30 a.m. PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: 2020 Court Commissioner Professional Services Agreement Background: Since 2001, the BOCC and Superior Court have entered into an annual court commissioner contract. The contract was with Richard Adamson until 2010 and has been with Robert Sauerlender since 2011. In 2012, the BOCC agreed to set the salary at 75% of a Superior Court Judge's salary, which is set by the Washington Citizens' Commission on Salaries for Elected Official; and in 2016, the BOCC agreed to increase the salary to 85% of a Superior Court Judge's salary. The proposed 2020 contract with Robert Sauerlender is for 37 hours per week (.925 FTE) with a salary of$153,587.28 and includes a scheduled increase by the Washington Citizens' Commission on Salaries in July. The compensation will be split between the Superior Court budget (.6.25 FTE), and the Therapeutic Courts budget (.3 FTE). The Superior Court portion includes a .125 FTE increase for work as an ITA Court Commissioner. Additional work over .925 FTE will be paid at the hourly rate. EXECUTIVE SUMMARY: BUDGET IMPACT: The above amount is included in the Superior Court and Therapeutic Courts 2020 budgets. PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Place on the December 17, 2019 action agenda to approve and sign the 2020 Court Commissioner Professional Services Agreement. ATTACHMENTS: Copy of Agreement cc: Tim Whitehead, Chief Deputy Prosecuting Attorney COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT This agreement is between Robert D. Sauerlender (Commissioner) , and Mason County Superior Court (Court) and Mason County (County) . The parties to this agreement, in consideration of the terms and conditions set out below, agree as follows : Section One - Appointment of Commissioner Pursuant to RCW 2 . 24 . 010, the Court hereby appoints Robert D. Sauerlender as Court Commissioner for a term beginning January 1, 2020 and ending December 31, 2020, and he hereby accepts such appointment and agrees to act as Court Commissioner pursuant to the terms and conditions set forth herein. Section Two - Responsibilities and Duties of Commissioner 1 . Pursuant to RCW 2 . 24 .020, Commissioner shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the State of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability. 2 . Commissioner shall perform his or her duties under the direction of, and in accordance with the policies, procedures and timelines established by the Court. 3 . Commissioner' s work schedule shall be 37 hours per week ( . 925 FTE) , Monday through Friday during the hours of 8 : 00 a.m. to 5 : 00 p.m. , or as otherwise scheduled. 4 . Commissioner shall regularly preside over court dockets including but not limited to: Therapeutic Courts Involuntary Treatment Court Probate/Guardianship Domestic Relations Domestic Violence and Anti-harassment Ex parte COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 1 5 . During the hours established by the work schedule herein, Commissioner may also be required to perform other duties, such as, (1) hear and decide civil, domestic, probate, juvenile and/or adult criminal matters authorized by LCrR 4 .2; (2) review requests for temporary orders in domestic violence petitions and other ex parte order requests; and (3) other matters as arranged by the Court . 6 . Commissioner has successfully completed the Washington Judicial College and shall comply with Continuing Judicial Education requirements as set out in GR 26 . Section Three - Compensation Pursuant to RCW 2 . 24 . 030 , County agrees to pay Commissioner for the work set out in the schedule herein a salary at the rate of 850 of the salary of a Superior Court Judge as established by the Washington Citizens' Commission on Salaries for Elected Officials for . 925 FTE as follows : $12, 513 . 50 per month ($78 . 05 per hour) for January through June; $13, 082 . 88 per month ($81. 60) for July through December; for a total annual salary of $153 , 587 .28 . Any work performed over and above the schedule set forth herein shall be compensated at the hourly rate. Section Four - Benefits/Deductions Commissioner shall be eligible for all benefits available to Mason County employees within Chapters 6 and 7 of the Mason County Personnel Policies . Commissioner shall receive the same insurance premium contribution as regular full-time employees. Deductions by County from Commissioner' s pay will include applicable taxes, an amount equal to an employee' s contribution for applicable benefits and other deductions required by federal and state law. Section Five - Integration Clause This agreement embodies the whole agreement between the parties . This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties . Section Six - Written Modification as Necessary There may be no modification of this agreement, except in writing, executed with the same formalities as this instrument. COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 2 Section Seven - Termination This agreement shall terminate immediately should Commissioner not be in good standing with the Washington State Bar Association. Additionally, Court or Commissioner may terminate this agreement for any reason upon thirty (30) days written notice delivered to the other party. Actual delivery by Commissioner of a written notice to terminate to the Presiding Judge will constitute notice. Signed this day of Signed this day of December, 2019 : December, 2019 : MASON COUNTY SUPERIOR COURT BOARD OF COUNTY COMMISSIONERS AMBER L. FINLAY, Judge RANDY NEATHERLIN Commissioner District 1 DANIEL L. GOODELL, Judge KEVIN SHUTTY Commissioner District 2 MONTY D. COBB, Judge SHARON TRASK Commissioner District 3 Signed this day of December, 2019: ROBERT D. SAUERLENDER Approved as to form: MASON COUNTY PROSECUTOR'S OFFICE By COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3 ACKNOWLEDGEMENT I, Robert D. Sauerlender, acknowledge receipt of a copy of Mason County' s Non-Discrimination and Harassment Policy (chapter 12 of the Personnel Policies) . I shall abide by this policy and that of state and federal laws that preclude discrimination on the basis of a person' s race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran' s status, sexual orientation, or disability (known or perceived) . Signed: Date : ROBERT D. SAUERLENDER COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Planning EXT: 286 BRIEFING DATE: 12/9/2019 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Schedule a joint Planning Advisory Commission (PAC) and Board of County Commissioner (BOCC) workshop on February 24, 2020 to discuss the PAC workplan for 2020. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): BUDGET IMPACT: None PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) Standard notice requirements for public meetings for both the PAC and BOCC. _RECOMMENDED OR REQUESTED ACTION: Approve the scheduling of a joint meeting between PAC and BOCC. ATTACHMENTS: Briefmg Summary 12/4/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 12/9/2019 PREVIOUS BRIEFING DATES: 7/15/2019, 8/5/2019 If this is a follow-up briefing, please provide only new information ITEM: Water Quality EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): See previous briefing summary also. Follow up to July comments and requests, we have investigated a county wide district approach to water quality. RCW90.72.045 requires the county legislative authority create shellfish protection districts (SPD) and response plans upon notice of water quality downgrades in relation to shellfish growing areas. Over the years the county has created multiple SPDs including; Oakland Bay, North Bay, Big Bend, McLane Cove, and Annas Bay in relation to illness cases and water quality degradation. Proposal would include the combination of all these existing districts into one single Mason County Clean Water District. A single district could bring efficiency and transparency to the existing program/projects by reducing administrative functions while providing a clear avenue for public and stakeholder involvement in ongoing WQ work. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) Have spoken to several stakeholders about this proposal during multiple public meetings. Public outreach efforts will continue. BUDGET IMPACTS: None at this time RECOMMENDED OR REQUESTED ACTION: No formal actions at this time. Continue collaborating with commission, stakeholders, and public on district boundaries, resolution, and funding options. ATTACHMENTS: Briefing Summary 12/4/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EXT: 279 Environmental Health BRIEFING DATE: 12/9/2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Solid Waste Vouchers EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Waste Management staff and EH have been in discussion on implementing a voucher program for solid waste disposal. Vouchers could be offered to mason county citizens requesting assistance on site cleanup and be used to towards citizen complaints on dump sites. This voucher program takes advantage of free tonnage within the Mason County contract with Republic Services. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) If approved, various advertising could take place in order to notify the public. BUDGET IMPACTS: None at this time. RECOMMENDED OR REQUESTED ACTION: Continue Discussion. ATTACHMENTS: None Briefing Summary 12/4/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit DEPARTMENT: Community Services-Community EXT: 404 Health & Human Services BRIEFING DATE: December 9, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Discussion on millage and liquor taxes funding for Behavioral Health and Developmental Disability Services EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): With the changes to services in the state for funding behavioral health (BH) services, and the Behavioral Health Organization transitioning to a A Service Organization, Mason County having more BH services being offered locally; it seems timely to discuss if some of these funds that are currently being filtered through Thurston County, to be transitioned to remain in Mason County. BUDGET IMPACT: Funds that are decided to be kept in Mason County would increase the budget. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) None known RECOMMENDED OR REQUESTED ACTION: ATTACHMENTS: Mason County Resolution #59-16 Thurston Mason Behavioral Health Organization resolution #16-09 Mason County Millage and Liquor Tax Interlocal Agreements with Thurston Mason Behavioral Health Organization and Thurston County Briefing Summary 11/22/2019 RESOLUTION# A RESOLUTION establishing the allocation of Millage and Liquor taxes funding to the Thurston Mason Behavioral Health Organization(TMBHO) for the duration of April 1, 2016 until terminated. WHEREAS, Thurston and Mason Counties agreed to enter into an Interlocal Agreement, Resolution #42-15 forming the TMBHO organization, effective April 1, 2016; and WHEREAS, RCW 70.96A.087 provides that each City and County shall devote no less than two percent of its share of liquor taxes and profits to the support of a program of alcoholism and other drug 7Mion r=. WHEREAS, RCW 71.20.110 provides 1) In order to provide additional funds for the coordination and provision of community services for persons with developmental disabilities of mental health services, the county governing authority of each county in the state must budget and levy annually a tax (Millage) in a sum equal to the amount which would be raised by a levy of two and one half(2-1/2) cents per thousand dollars of assessed value against the taxable property, and WHEREAS, the Board of Mason County Commissioners adopted Resolution#66-15 adopting the 2016 Mason County Budget including the allocation of Millage and Liquor Tax funding to Thurston County for Mental Health, Developmental Disabilities and Chemical Dependency services; and WHEREAS,based on the 2016 Thurston County Budget, 50% of millage funding was allocated for mental health (Regional Support Network) and substance use disorder services with the other 50% going to the Thurston Mason Developmental Disabilities program; and I WHEREAS, the TMBHO organization is now the successor to and has replaced Thurston Mason Regional Support Network and Chemical Dependency services created by Interlocal Agreement between Thurston County and Mason County dated October 21, 1980 assuming all obligations under - RCW Chapter 71.24. ji NOW, THEREFORE BE IT RESOLVED that Mason County will enter into and sign the Interlocal Agreement (Attachment A) with Thurston Mason Behavioral Health Organization to allocate Millage and Liquor Taxr for behavioral health services: ADOPTED: ��C;f , zC'� BOARD OF COUNTY COMMISSIONERS MASON COUNTY ATTEST: 41AClerk of the Board Chair lilt APPROVED AS TO FORM: PROSECUTING ATTORNEY Vice Chair G: Deputy Prosecuting Attorney Q6mmissioner I i i MASON COUNTY MILLAGE AND LIQUOR TAX INTERLOCAL AGREEMENT THIS AGREEMENT,made and entered Into this_ day of af J 2016 by and between.Mason County,a political subdivision of the State of Washington,hereinafter referred to as"Mason"and the Thurston Mason Rehavieral Health Organization,a"quasi-governmental entity formed pursuant to the Interlocal Cooperation Act;chapter 39.34.030 RCW,hereinafter referred to as"TMBHO". WHEREAS,Thurston and Mason Counties agreed to enter into an Interlocal Agreement, Resolution#42-15 forming the TMBHO organization, effective April 1, 2016; and WHEREAS,the TMBHO arganizatron is now the successor to and has replaced Thurston Mason Regional Support Network and Chemical Dependency services created by Interlocal Agreement between Thurston County and Mason County dated October 21,19.80 assuming all obligations under RCW Chapter 71.24. WHEREAS RCW 70.96A.087 and RCW 71.20.110 established local County funding of mental health and chemical dependency services by"certified levy" (Mlllage)and Liquor Tax. NOW,THEREFORE in consideration of the mutual promises and covenants contained herein, Mason and TMBHO agree as follows: 1. PURPOSE The purpose of this Agreement is to provide local County funding per RCW 70,96A,087 and RCW 71.2.0.110 for Mental Health and Substance Use services in Thurston and Mason Counties. These funds had previously been managed by Thurston County through the Thurston Mason Regional Support Network(RSN) and Chemical Dependency programs. Now that the TMBHO is the successor to the RSN and is a separate quasi-governmental entity,this agreement is to request that Mason County form a separate Agreement with TMBHO to allocate these funds. 2. SERVICES Services provided through these funds are those within the scope of the TMBHO DSHS Contract not otherwise covered.by Medicaid funding. Services to be provided will be reviewed for approval bythe TMBHO Governing Board. 3_ DURATION This Agreement shall become effective on 1 April, 2016, and shall remain in:effect until terminated. 4. LEVY FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER Mason County shall levy annually a tax in a sum equal to the amount which would be raised by a levy of twu and one-half(2-1/2)cents per thousand dollars of assessed value against the taxable property in the county as provided in RCW`71.20.110. Per 2016 approved Mason County Budget (resolution#66-15)50 percent of the funds raised by said Levy shall be paid into the TMBHO fund. Said finds shall be in the custody of the Thurston County Treasurer. The other 50%shall be contracted directly to Thurston County for their Thurston Mason Developmental Disabilities program. The percentage mix of these funds may be adjusted annually through the Mason County Budget process. i 5. LIQUOR TAXES Mason County agrees for itself and for all cities and towns within Mason Countythat 2 percent of their share of liquor taxes and profits shall be used to support substance use disorder services through the TMBHO,as provided in RCW 70.96A.087. The funds raised by said taxes shall be paid into the TMBHO fund. Said funds shall be in the custody of the Thurston County Treasurer. b. CUSTODIAN OF FUNDS TMBHO funds shall be deposited with the Thurston County Treasurer who shall be the custodian of such funds. The Thurston County Treasurer may make payments from such funds upon audit by the Thurston County Auditor as provided for in RCW 71.24.100. Interest on investment of TMBHO funds shall accrue for the benefit of said operating fund. 7. CONTRACTING PARTY TMBHO shall have full authority to contract, subcontract and sign annual plans on behalf of Mason County for the TMBHO programs as funded by these funds. 8. AMENDMENT All amendments to this Agreement shall be in writing and signed by both parties. 9. TERMINATION This Agreement may be terminated by either party by giving ninety(90) days written notice of termination to the other party. MASON COUNTY COMMISSIONERS THURSTON MASON BEHAVIORAL HEALTH ORGANIZATION GOVERNING BOARD TERRI JEFFR S,I�, a fr DAB KE, air TIM SHELDON, Commissioner TERRI JEFFREYNle it y� RAq6Y NEATHERUN,Commissioner CATHY WOLF ommis kner Y RESOLUTION NO. BHO 16-09 A RESOLUTION ESTABLISHING THE ALLOCATION OF MILLAGE AND LIQUOR TAXES FUNDING FROM MASON COUNTY TO THE THURSTON-MASON BEHAVIORAL HEALTH ORGANIZATION(TMBHO) WHEREAS, Thurston and Mason Counties agreed to enter into an Interlocal Agreement, Resolution(Thurston County)#15183 forming the TMBHO organization, effective April 1, 2016; and WHEREAS,RCW 70.96A.087 provides that each City and County shall devote no less than two percent of its share of liquor taxes and profits to the support of a program of alcoholism and other drug addiction; and WHEREAS, RCW 71.20.110 provides: 1)In order to provide additional funds for the coordination and provision of community services for persons with developmental disabilities and mental health services, the county governing authority of each county in the state must budget and levy annually a tax(Millage)in a sum equal to the amount which would be raised by a levy of two and one half(2-1/2)cents per thousand dollars of assessed value against the taxable property; and WHEREAS, the Board of Mason County Commissioners adopted Resolution#66-15 adopting the 2016 Mason County Budget including the allocation of Millage and Liquor Tax funding to Thurston County for Mental Health, Developmental Disabilities and Chemical Dependency services; and WHEREAS, based on the 2016 Thurston County Budget, 50%of Millage funding was allocated for mental health(Regional Support Network)and substance use disorder services with the other 50% going to the Thurston-Mason Developmental Disabilities program; and WHEREAS,the TMBHO organization is now the successor to and has replaced Thurston-Mason Regional Support Network and Chemical Dependency services created by Interlocal Agreement between Thurston County and Mason County dated October 21, 1980, assuming all obligations under Chapter 71.24 and 71.05 RCW; NOW,THEREFORE BE IT RESOLVED that Thurston-Mason Behavioral Health Organization will enter into and sign the Interlocal Agreement(Attachment A) with Mason County to receive Millage and Liquor Tax for behavioral health services for the period April 1, 2016 until terminated. ADOPTED by the Board of the-Thurston-Mason J3ehavioral Health Organization.at a regular meeting thereof held on the L C4 4_,day of (2C) Jr20_ 2016 Thurston-Mason Behavioral Health ATTEST: Governing Board Tina Gelhiiig, Cl of th and 124.,W B ake,Chair Approved As To Form: Terri Jeffreys, e- air Jon Tunheim,Prosecuting Attorney Ca y Wolfe ommiss' er INTERLOCAL AGREEMENT BETWEEN MASON COUNTY and THURSTON COUNTY DEVELOPMENTAL DISABILITIES PROGRAM-MILLAGE LEVY This Interlocal Agreement (AGREEMENT) is made and entered into pursuant to the provisions of Chapter 39.34 RCW Interlocal Cooperation Act by and between Mason County (MASON) and Thurston County (THURSTON) collectively known as the parties to this AGREEMENT. WHEREAS, MASON and THURSTON have created a Developmental Disabilities program to serve residents of both MASON and THURSTON; and WHEREAS, it is necessary for MASON and THURSTON to provide for funding and administration of the Developmental Disabilities program; WHEREAS, THURSTON has agreed to serve as the lead for this program. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: Purpose: The purpose of this AGREEMENT is to provide local county funding per RCW 71.20.110 for Developmental Disabilities program services in MASON and THURSTON. Term: This AGREEMENT will be in effect for five (5)years from date of last signature. Extension: The duration of this AGREEMENT may be extended by mutual written consent of the parties. Termination: This AGREEMENT may be terminated by either party by giving ninety (90) days' written notice of termination to the other party. Funds Source: MASON and THURSTON shall each levy annually a tax in a sum equal to the amount which would be raised by a levy of two and one-half (2-1/2) cents per thousand dollars of assessed value against the taxable property in the county as provided in RCW 71.20.110 as now existing or as hereinafter amended. From MASON and THURSTON, 50% of the funds raised by said levy shall be paid into the THURSTON Human Services fund with the remaining 50% used to fund other programs as allowed. The percentage share of these funds may be adjusted annually through the MASON budget process and the THURSTON budget process. Custodian of Funds: MASON and THURSTON agree that the Thurston County Treasurer shall be the custodian of all funds for the administration of the Developmental Disabilities program. 1 o-�6.y,,t Thurston County Treasurer shall have the authority to make payments from said funds upon audit by the Thurston County Auditor, pursuant to REC 71.24.110 (2) as now existing or as hereinafter amended. Administration: MASON and THURSTON have designated the following representatives to serve as the Administrators for this AGREEMENT. The parties agree to provide notification to the other party of change of designated Administrator. MASON: David Windom, MSHS, Director Mason County Community Services Department 615 W Alder St. Building 8 Shelton, WA 98584 Phone: 360-427-9670 Ext. 260 E-mail: dwindom@co.mason.wa.us THURSTON: Tom Stuebner, Director Thurston County Public Health and Social Services Department 412 Lilly Road NE Olympia, WA 98506-5132 Phone: Office 360-867-2502; Cell 360-918-3366 E-mail: stuebnt@co.thurston.wa.us Notices and Written Communication: Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Responsibilities of the Parties: the primary responsibilities of the parties are agreed to as follows: MASON: 1. Will provide funding for the program as detailed in this AGREEMENT. 2. Will review annual reports and provide feedback as appropriate. 3. Will notify THURSTON in advance should MASON desire to exercise the right to provide program input and direct program deliverables for services being provided in Mason County. THURSTON: 1. Shall have the authority to contract, subcontract and sign annual plans on behalf of both MASON and THURSTON for the Developmental Disabilities program as funded by these funds. MASON reserves the right to provide program input and direct program deliverables for services being provided in Mason County. 2. Will provide a report to MASON on or before January 31st of each year that details for the previous calendar year; the overall program budget and number of individuals served; a list of contracted services providers awarded program funds under this AGREEMENT including, and detailed by contractor, total award, summary of services to be provided, number of participants to be served, location(s) where services are to be provided and a note identifying whether the contractor will serve only MASON only, THURSTON only, or individuals from both counties. 3. Will provide MASON the opportunity to provide input prior to procuring contracted services providers to carryout program activities. Indemnification: 1. Mutual Indemnity. To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other party, its 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 (including the loss of use resulting therefrom)which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its elected and appointed officials, employees, agents or volunteers. In the event of any concurrent act or omission of the parties, each party shall pay its proportionate share of any damages awarded. The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages, if any, are adjudicated. If any claim is resolved by voluntary settlement and the parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. 2. Survival of Indemnity Obligations. The parties agree all indemnity obligations shall survive the completion, expiration or termination of this AGREEMENT. Independent Capacity: Employees or agents of each party who are engaged in the performance of this AGREEMENT shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. Non-Discrimination in Employment: MASON'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. 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. THURSTON 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, THURSTON shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Non-Discrimination in Customer Services: THURSTON, as well as any contractors and or sub-contractors to this AGREEMENT 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 AGREEMENT; 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 AGREEMENT; or deny an individual or business an opportunity to participate in any program provided by this AGREEMENT. Compliance with Applicable Laws, Rules and Regulations: This AGREEMENT 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. THURSTON 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. Amendments: Either party may request changes in the AGREEMENT. Any and all agreed amendments, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Disputes: Differences between MASON and THURSTON, arising under and by virtue of the AGREEMENT. Documents, shall be brought to the attention of MASON at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Decisions of MASON's Administrator shall be final and conclusive. 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 AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for Mason County. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this AGREEMENT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this AGREEMENT are declared severable. Waiver: Waiver of any breach or condition of this AGREEMENT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this AGREEMENT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of MASON to insist upon strict performance of any of the covenants of this AGREEMENT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. AGREEMENT Entire Agreement: This written AGREEMENT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire AGREEMENT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, MASON and THURSTON have executed this AGREEMENT as of the date and year last written below. BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS THURSTON COUNTY, WASHINGTON MASON COUNTY, WASHINGTON Sandra Romero, ChaW Terri Jeffreys�-, C it Dated: APPROVED AS TO FORM: APPROVED AS TO FORM: John Tunheim, Prosecuting Attorney Tim Whitehead, Chief DPA Depufy.Pr ecuting Attorney i I MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit DEPARTMENT: Community Services-Community EXT: 404 Health & Human Services BRIEFING DATE: December 9, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Review Public Defender TST budget and competency MH evaluations sources of funding. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): TST funding for Public Defender covers services that are provided to all clients, to determine eligibility for possible Therapeutic Court Services. TST Funding being used for competency MH evaluations and other sources may be available to fund these evaluations. BUDGET IMPACT: Unknown at present PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) None RECOMMENDED OR REQUESTED ACTION: Discussion ATTACHMENTS: None Briefing Summary 12/3/2019 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING DECEMBER 9,2019 Briefmg Items 1. Contract Amendment No. 1 to contract with Kennedy/Jenks Consultants, Inc.for the Belfair General Sewer Plan Amendment and Preliminary Design Report for the Sewer Extension to PSIC. 2. Public Works Board Direct Appropriation Grant Contract ($2,000,000) for Belfair Sewer Extension project Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items • 12/17/19 - Set Hearing for Solid Waste Flow Control for January 7, 2020 at 9:15am (Briefed 11/4 & 11/18) Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Diane Sheesley _Kevin Shutty _Loretta Swanson Sharon Trask _Others:(List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director and Richard Dickinson, Deputy Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: December 9, 2019 PREVIOUS BRIEFING DATES: INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal Other ITEM: CONTRACT AMENDMENT 1 — KENNEDY-JENKS EXECUTIVE SUMMARY: Commissioners approved a contract with Kennedy-Jenks on April 23, 2019 to complete two projects for extending sewer service to the Puget Sound Industrial Center (PSIC): Project 1 - Sewer system pre-design report and General Sewer Plan Amendment Project 2 - Sewer system design Staff and Department of Ecology recommend preparing an updated General Sewer Plan, rather than amending. Kennedy-Jenks prepared a revised scope, schedule and budget for staff review. The proposed change results in a compensation increase of $74,510 for Project 1 and adds 6 months to the schedule. BUDGET IMPACTS: There are adequate funds in the existing Commerce grant and partnership with City of Bremerton to pay for this change. Existing Contract Amendment 1 Amended Total Project 1 $ 439,816.00 $ 74,510.00 $ 514,326.00 Project 2 $ 1,060,184.00 $ (74,510.00) $ 985,674.00 1&2 Total $ 1,500,000.00 $ - $ 1,500,000.00 PUBLIC OUTREACH: No special outreach is planned for this change in contract. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve Contract Amendment 1 with Kennedy/Jenks Consultants, Inc. in the amount of$74,510 for updating, rather than amending the Belfair General Sewer Plan. ATTACHMENTS: Contract Amendment 1 Briefmg Summary YJKennedy Jenks a 4 December 2019 Ms. Loretta Swanson Mason County Public Works Mason County 100 W Public Works Drive Shelton, Washington 98584 Subject: Project 1 Amendment 1 Scope of Work, Schedule, and Engineering Fee Mason County Belfair Sewer Extension - MC Contract No. 19-034 (KJ Project No. 1997006.00) Dear Ms. Swanson: Kennedy/Jenks Consultants, Inc. (Kennedy Jenks) is pleased to submit this scope, schedule, and budget for Amendment 1 of the Belfair Sewer Extension project. This scope of work modifies the existing contract for Project 1 to prepare a General Sewer Plan (GSP)that combines past GSP amendments and updates with the ongoing GSP update to produce a consolidated plan in lieu of another General Sewer Plan Amendment. We appreciate the opportunity to submit this amendment and look forward to continuing working with you on this important project. Please contact us if you have any questions regarding our proposal at SamYaghmaie(cDKennedyJenks.com (206.753.3404), or MichaelLubovichCa�,kennedylenks.com (253.835.6459). Very truly yours, Kennedy/Jenks Consultants, Inc. Sam Yaghmaie, PE Michael Lubovich, PE, PMP Enclosures: Mason County Professional Services Contract Exhibit A—Amendment 1 Scope of Services Exhibit B—Amendment 1 Compensation Exhibit C— Insurance 32001 32nd Avenue S, Suite 100 Federal Way,Washington 98001 253.835.6400 i; f, AMENDMENT 1 EXHIBIT A - SCOPE OF SERVICES Project Title: Belfair Sewer Extension Project Background Kennedy Jenks (Contractor) is providing consultant services to Mason County for the Belfair WRF Sewer Extension.The scope of consultant services (previously submitted Exhibit A) included the following planning tasks: • Preparation of a General Sewer Plan(GSP)Amendment for the Belfair sewer system. • Provide flow projections,collection system analysis,and preparation of a Pre-Design Report of recommended sewer system extension infrastructure that might be integrated within the Freight Corridor(SR-3 bypass) route being planned by WSDOT. During an early coordination conference can to kick-off the GSP Amendment effort,the Department of Ecology(DOE) made a comment that a complete,comprehensive GSP submitted for regulatory approval would be preferred in lieu of the amendment that was initially scoped per Mason County direction. DOE's reasoning was that the original project Facilities Plan (which also served the requirements of a GSP),and two subsequent reports that amended this document,provided alternative infrastructure information and recommendations for the construction of a Belfair sewer collection system and treatment facility.This existing documentation is not clear as to what infrastructure now exists in an operational state.Hence,it would be more difficult for DOE to make comments on and approve another GSP amendment. As requested,the scope of services outlined in this contract amendment proposes additional efforts to develop and gain approval of a complete,comprehensive GSP document. For simplicity,additional efforts are outlined according to the chapters of the previous reports, consistent with the task breakdown within the original work authorization. However,our approach will be to use a simplified GSP chapter format through submittal of a draft Table of Contents for County approval shortly after authorization of this amendment. Additional meeting and project coordination effort is also proposed,in recognition of an extended planning period schedule. Per our discussion,it would be preferable to Ecology and beneficial to Mason County to have all of the information spread among the several preceding documents presented comprehensively in one General Sewer Plan. Project 1 - SR-3 Freight Corridor Sewer System Pre-Design and GSP Contractor's scope of work is amended as follows;all other tasks remain unchanged from the original scope of work: Task 1 - Project Management and Quality Control Additional budget for meetings and project coordination has been included in recognition of an extended planning period schedule.This amendment proposal adds four additional months of Project Management and Quality Control to prepare a draft General Sewer Plan for DOE review r and approval. Task 4-Prepare Comprehensive General Sewer Plan Contractor Responsibilities: In addition to the scope of work in the original contract,the following tasks will be performed to consolidate past General Sewer Plan GSP) amendments and provide new content to produce one consolidated updated GSP. 1. General Sewer Plan: a. Acquire,review,and validate additional existing facility documentation and mapping to portray the Belfair collection and treatment facility infrastructure within the document. b. Chapter 1 Introduction-Expand text to summarize the documentation previously prepared,in lieu of referencing. c. Chapter 2 Study Area Environment- Develop additional mapping with introductory text to illustrate the Belfair existing and proposed service areas with natural geographic features. Information will likely be incorporated within a restructured chapter of the GSP dedicated to service area characteristics. d. Chapter 3 Land Use and Population-Original scope and budget remain appropriate. e. Chapter 4 Wastewater Flows and Loadings-Development of expanded projections that reflect the potential end users and service areas(Bremerton,PSIC/Port) that have evolved from stakeholder meetings and proposed infrastructure extension alternatives. f. Chapters 5 and 8 Regulations,Design Guidelines,and Reclaimed Water/Effluent Disposal-Original scope and budget remain appropriate. g. Chapter 10 Treatment Alternatives-Develop summary and figures of documented WRF facilities to meet Ecology requirements. Information will likely be incorporated within a restructured treatment section that includes h. Chapter 11 Collection System Alternatives-Develop a full collection system chapter of a GSP that does not reference previous reports. Sections will now include text and figures of existing and future system infrastructure,model development,calibration and analysis,and deficiencies that are coordinated with the pre-design report alternatives and recommendations. L New chapter will be developed to summarize Belfair sewer system operation and maintenance(O&M)programs. Sections will include general information available on County operations staffing and certifications and regular preventative maintenance and inspection of facilities. j. New Capital Improvement Program(CIP) chapter will be developed. Chapter will combine project descriptions and Opinions of Probable Project Cost originally anticipated under Chapters 10 and 11 with other O&M based improvements to address facility degradation,obsolescence,or desired standardization. k. Chapter 13 Financial Plan-This chapter will use CIP information to develop a funding model. It remains excluded from this scope and is understood to be prepared by FCS Group under a separate County authorization. 1. Chapter 14 Public Participation-Original scope and budget remain appropriate. m. SEPA Compliance-Original scope and budget remain appropriate. n. Executive Summary and Appendices-Additional effort will be needed to summarize elements of the standalone GSP that now describe full Belfair sewer system facilities. o. Draft and final GSP Amendment Production and Adoption-Additional effort is reserved to address an anticipated increase in regulatory review comments that result from the expanded information of the standalone GSP. 2. Meetings and Preliminary Design Phase Project Coordination: a. One additional onsite coordination and data research meeting with Mason County to perform a field review of Belfair facilities and operations that supports development of O&M, system deficiency and capital improvement elements of the GSP. Participation by at least four (4)members of the design team. b. Additional preliminary design phase coordination of project team. Efforts are based on a 4-month extension to the original projected duration. Assumptions: • The following past planning documents will be consolidated into this GSP Update: a. Belfair/Lower Hood Canal Water Reclamation Facilities as prepared by Gray &Osborne,Inc. in 2001 and amended in December 2004 b. Belfair/Lower Hood Canal Water Reclamation Facility Plan Supplemental Information as prepared by MSA in May 2007 • Unless otherwise stated in the scope above,all assumptions within the original work authorization remain valid. • GSP service area and natural geographic feature figures developed for the GSP will be limited to GIS mapping information available through the County. • System modeling efforts to support the development of the GSP and Pre-Design Report were limited under the original authorization to tasks associated with Chapters 4 and 11 and Task 2. Excessive iteration of alternative service and flow scenarios will require a budget amendment. Deliverables: The following modifications are made to the deliverables detailed within the original work authorization: • A draft GSP Table of Contents,submitted electronically for Owner review and approval. • The GSP Amendment deliverables of the original authorization will be substituted with the standalone GSP documents. Hardcopy and electronic format quantities will remain the same. Schedule: A revised project schedule and intended milestones are summarized as follows: Amendment Authorization November 1, 2019 Draft GSP Table of Contents November 2019 Finalized GSP Flow Projections December 2019 Surge Analysis Draft of Defined Alternatives January 2019 Receipt of Collection System Alternatives Analysis GSP Elements January 2019 Draft GSP to Ecology for Regulatory Review April 2019 Approved GSP and Pre-Design Plan July 2020 AMENDMENT1 EXHIBIT B — COMPENSATION A. Compensation: CONTRACTOR will be compensated not more than $1,500,000 for Project 1 and 2 services. The Amended compensation for Project 1 services shall not exceed $514,326. The revised Task budgets are as follows: Estimated Amendment 1 Project/Task Effort 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 $69,794 Previous Project 1 -Subtotal $383,533 Amended Project 1 -Subtotal $453,327 Project 1 -Project Management and Quality Control Task 1. Project Management $42,059 $4,716 Task 2. Quality Control $17,770 Task 3. Health and Safety $1,170 Previous Project 1 - PM and QC Subtotal $56,283 Amended Project 1 - PM and QC Subtotal $60,999 Amended Project 1 -Total $514,326 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: Loretta Swanson Public Works Director Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 (360)427-9670 x769 LorettaS@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 BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director and Richard Dickinson, Deputy Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: December 9, 2019 PREVIOUS BRIEFING DATES: INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal Other ITEM: PUBLIC WORKS BOARD GRANT — BELFAIR SEWER EXTENSION EXECUTIVE SUMMARY: The 2019-2021 State budget included a direct appropriation to Mason County in the amount of $2,000,000 for the Belfair Sewer Extension Project. The appropriation is managed through a Public Works Board grant contract. Approximately half of this grant will be used to design the sewer extension and complete the bid documents. The remaining half will go towards easement acquisition and construction. BUDGET IMPACTS: This grant does not require a match. However, the Belfair Sewer Fund #413 will need to pay invoices and then be reimbursed by the grant on a monthly basis. PUBLIC OUTREACH: No special outreach is planned. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the Public Works Director to sign the Public Works Board Direct Appropriation Grant Contract in the amount of $2,000,000 for the Belfair Sewer Extension project. ATTACHMENTS: 1. July 8, 2019 Award Letter 2. Public Works Board Direct Appropriation Grant Contract Briefing Summary ` Washington State Public Works Board j Post Office Box 42525 Olympia,Washington 98504-2525 July 8, 2019 Loretta Swanson, PE Mason County 100 W. Public Works Drive Shelton, WA 98584 Dear Ms. Swanson: Congratulations! Governor Inslee recently signed the 2019-2021 State Capital Budget, which includes an appropriation of$2,000,000 for the Belfair Sewer Extension Project,from the Public Works Board.The earliest reimbursement date for this grant is May 21, 2019. Additionally, prior to receiving funds, your organization will need to fulfill the following requirements: • Provide documentation of your jurisdiction's financial ability to complete the project. All funds from sources other than the state must be expended, raised, or secured by documented pledges or loans. Please fill out the enclosed Contract Readiness Survey and return it at your earliest convenience. Also, include the following: • EZ-1 Form for the Washington State Department of Archaeology and Historic Preservation and any affected Tribes. I will conduct the consultation, and I will include you in my correspondence. • Attach your Greenhouse Gas Policy. if you have any questions or need additional information, please contact your Project Manager, Kari Sample, at 360-725-3089 or kari.sample@commerce.wa.gov. Sincerely, 0 Q Connie Rivera Public Works Board, Program Director and Tribal Liaison CONTRACT FACE SHEET Contract Number: PG20-96103-001 PUBLIC WORKS BOARD DIRECT APPROPRIATION GRANT CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) Mason County N/A 100 W Public Works Dr. Shelton, WA 98584 3. Contractor Representative 4. Public Works Board Representative N/A N/A 5.Contract Amount 6. Funding Source 7. Contract Start 8. Contract End Date Date $2,000,000.00 Federal: ❑ State: 10 Other: ❑ Contract Execution June 30, 2023 N/A: ❑ Date (subject to reappropriation 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10.Tax ID # 11. SWV# 12. UBI# 13. DUNS# 0001893-03 232-002-101 14. Contract Purpose The outcome of this performance-based Grant Contract is to Mason County Belfair Sewer Extension as referenced in the Scope of Work on the Declarations page. The Board, defined as the Washington State Public Works Board and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below.The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contract Terms and Conditions including Declarations Page;Attachment I: Certification of Availability of Funds to Complete the Project. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature Scott Hutsell, Public Works Board Chair Print Name Date Title APPROVED AS TO FORM ONLY Date September 16, 2019 Sandra Adix Assistant Attorney General DECLARATIONS CLIENT INFORMATION Legal Name: Mason County Grant Contract Number: PG20-96103-001 PROJECT INFORMATION Project Title: Belfair Sewer Extension Project City: Belfair Project State: Washington Project Zip Code: 98528 GRANT CONTRACT INFORMATION Grant Amount: $2,000,000.00 Total Estimated Cost: $12,600,000.00 Total Estimated Funding: $12,600,000.00 Appropriation Number: SHB 1102 Section 1031 Grant End Date: June 30, 2023 (subject to reappropriation) Grant Earlies Date for Construction May 21, 2019 Reimbursement: SPECIAL TERMS AND CONDITIONS GOVERNING THIS GRANT CONTRACT SCOPE OF WORK The project will design two or three sewer lift stations, gravity sewer,and pressure main extending from the Belfair Waste Reuse Facility(WRF)to the Puget Sound Industrial Center(PSIC)at Lake Flora Road. The project costs may include but are not limited to:engineering, cultural and historical resources,environmental documentation, review, permits, public involvement, easements,and bid documents.The project needs to meet all applicable Local,State,and/or Federal standards. 3 TABLE OF CONTENTS CONTRACT TERMS AND CONDITIONS................................................................................. 1 PUBLIC WORKS BOARD DIRECT APPROPRIATION GRANT SPECIAL TERMS AND CONDITIONS............................................................................................................................. 1 1.1 Definitions.............................................................................................................................1 1.2 Authority................................................................................................................................1 1.3 Purpose.................................................................................................................................1 1.4 Order of Precedence............................................................................................................1 1.5 Grant Amount.......................................................................................................................2 1.6 Competitive Bidding Requirements...................................................................................2 1.7 Certification of Funds..........................................................................................................2 1.9 Investment Grade Audit.......................................................................................................2 1.10 Sub-Contractor Data Collection........................................................................................3 1.11 Eligible Project Costs...........................................................................................................3 1.12 Historical and Cultural Resources......................................................................................3 1.13 Ownership of Project/Capital Facilities..............................................................................4 1.14 Change of Ownership or Use for Contractor-Owned Property.......................................4 1.15 Project Completion Amendment and Certified Project Completion Report...................4 1.16 Project Signs.........................................................................................................................5 1.17 Recapture Provision.............................................................................................................5 1.18 Reduction in Funds..............................................................................................................5 1.19 Reappropriation....................................................................................................................5 1.20 Reimbursement Procedures and Payment........................................................................5 1.21 Reports..................................................................................................................................7 1.22 Termination for Cause.........................................................................................................7 1.23 Termination for Convenience..............................................................................................7 1.24 Contract Suspension...........................................................................................................7 1.25 Special Conditions...............................................................................................................7 GENERAL TERMS AND CONDITIONS ....................................................................................8 2.1 DEFINITIONS..........................................................................................................................8 2.2 Allowable Costs.....................................................................................................................8 2.3 ALL WRITINGS CONTAINED HEREIN .................................................................................8 2.4 AMENDMENTS.......................................................................................................................8 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the"ADA" 28 CFR Part 35.....................................................................................8 2.6 APPROVAL.............................................................................................................................8 2.7 ASSIGNMENT.........................................................................................................................9 2.8 ATTORNEYS' FEES...............................................................................................................9 2.09 CODE REQUIREMENTS.......................................................................................................9 2.10 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION................................................9 2.11 CONFORMANCE...................................................................................................................9 2.12 CONFLICT OF INTEREST.................................................................................................. 10 2.13 COPYRIGHT PROVISIONS................................................................................................ 10 2.14 DISALLOWED COSTS....................................................................................................... 10 2.15 DISPUTES........................................................................................................................... 11 2.16 DUPLICATE PAYMENT..................................................................................................... 11 2.17 GOVERNING LAW AND VENUE....................................................................................... 11 2.18 INDEMNIFICATION ............................................................................................................ 11 2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR...................................................... 12 2.20 INDUSTRIAL INSURANCE COVERAGE........................................................................... 12 2.21 LAWS.................................................................................................................................. 12 2.22 LICENSING, ACCREDITATION AND REGISTRATION.................................................... 12 2.23 LIMITATION OF AUTHORITY............................................................................................ 12 2.24 Local Public Transportation Coordination ..................................................................... 12 2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS............................................... 12 2.26 PAY EQUITY....................................................................................................................... 12 2.27 POLITICAL ACTIVITIES..................................................................................................... 13 2.28 PREVAILING WAGE LAW................................................................................................. 13 2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION.............................. 13 2.30 PUBLICITY.......................................................................................................................... 13 2.31 RECAPTURE...................................................................................................................... 13 2.32 RECORDS MAINTENANCE............................................................................................... 14 2.33 REGISTRATION WITH DEPARTMENT OF REVENUE .................................................... 14 2.34 RIGHT OF INSPECTION .................................................................................................... 14 2.35 SAVINGS ............................................................................................................................ 14 2.36 SEVERABILITY.................................................................................................................. 14 2.37 SUBCONTRACTING .......................................................................................................... 14 2.38 SURVIVAL.......................................................................................................................... 15 2.39 TAXES................................................................................................................................. 15 2.40 TERMINATION FOR CAUSE............................................................................................. 15 2.41 TERMINATION FOR CONVENIENCE ............................................................................... 15 2.42 TERMINATION PROCEDURES......................................................................................... 15 2.43 TREATMENT OF ASSETS................................................................................................. 16 2.44 WAIVER.............................................................................................................................. 16 ATTACHMENT I: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT................................................................................................................................ 18 CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD DIRECT APPROPRIATION GRANT SPECIAL TERMS AND CONDITIONS 1.1 Definitions As used throughout this Construction Grant Contract the following terms shall have the meaning set forth below: A. "Contract'shall mean this Construction Grant Contract. B. "Contractor" shall mean the local government identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor. C. "The Board" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)43.155.030, and who is a Party to the Contract. D. "Declarations " and "Declared" shall refer to the project information, Grant terms and conditions as stated on the Declarations Page of this Grant Contract, displayed within the contract in THIS STYLE for easier identification. 1.2 Authority Acting under the authority of Chapter 43.155 RCW, the Board has awarded the Contractor a Public Works Board construction Grant for an approved public works project. 1.3 Purpose The Board and the Contractor have entered into this Contract to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Program. The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the grant terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein. 1.4 Order of Precedence In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and regulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1 1.5 Grant Amount BOARD shall pay an amount not to exceed the awarded GRANT AMOUNT as shown on the attached Declarations page for the eligible costs necessary for or incidental to the performance of work as set forth in the SCOPE OF WORK shown on the Declarations page. 1.6 Competitive Bidding Requirements The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Program. 1.7 Certification of Funds A. The release of state funds under this Grant Contract is contingent upon the CONTRACTOR certifying that it has expended or has access to funds from other sources as set forth in ATTACHMENT I: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT to complete all the project activities identified in the SCOPE OF WORK shown on the Declarations page. Such sources may consist of a combination of any of the following: i. Loans or grants. ii.Eligible project expenditures prior to the execution of this Grant Contract. iii. Cash dedicated to the project. iv. Funds available through a letter of credit or other binding loan commitment(s). V. Pledges from foundations or corporations. vi. Pledges from individual donors. vii. The value of real property when acquired solely for the purposes of this project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. BOARD will not consider appraisals for prospective values of such property for the purposes of calculating the amount of matching fund credit. B. The CONTRACTOR shall maintain records sufficient to evidence that it has access to or has expended funds from such sources, and shall make such records available for BOARD's review upon reasonable request. 1.8 Basis For Establishinq Real Property Values For Acquisitions Of Real Property Performance Measures When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: A. CONTRACTOR purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. B. CONTRACTOR purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 1.9 Investment Grade Audit For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which an investment grade audit is obtainable, Contractor must undertake an investment grade audit. Costs incurred as part of the investment grade audit are eligible project costs. 2 1.10 Sub-Contractor Data Collection Contractor will submit reports, in a form and format to be provided by the BOARD and at intervals as agreed by the parties, regarding work under this Contract performed by sub-contractors and the portion of the Contract funds expended for work performed by sub-contractors, including but not necessarily limited to minority-owned, women-owned, and veteran-owned business sub-contractors. "Sub-Contractors" shall mean sub-contractors of any tier. 1.11 Eligible Project Costs The Eligible project costs must consist of expenditures eligible under Washington Administrative Code (WAC)399-30-030 and be related only to project activities described in declared SCOPE OF WORK. Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred and payable within thirty(30)days of the reimbursement request. Only costs that have been incurred on or after GRANT REIMBURSEMENT START DATE shown in the Declarations are eligible for reimbursement under this Contract. Eligible costs will be paid according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects assisted with Public Works Board Grants. These terms supersede the terms in Section 2.2. Allowable Costs. 1.12 Historical and Cultural Resources Prior to commencing construction, Contractor shall complete the requirements of Governor's Executive Order 05-05, or, as an alternative to completion of Governor's Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preservation Act, as applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless the Board and the State of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to cultural resource as a continuing pre-requisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural resources are discovered during construction, the Contractor shall immediately stop work and notify the local historical preservation officer and the state's historic preservation officer at DAHP. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all sub-contracts for work or services related to the declared SCOPE OF WORK. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44.040 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits. 3 Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05. In the event that the Contractor finds it necessary to amend SCOPE OF WORK, the Contractor may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. 1.13 Ownership of Proiect/Capital Facilities BOARD makes no claim to any real property improved or constructed with funds awarded under this Grant Contract, does not assert, and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Grant Contract. This provision does not extend to claims that BOARD may bring against the CONTRACTOR in recapturing funds expended in violation of this Grant Contract. 1.14 Change of Ownership or Use for Contractor-Owned Property The CONTRACTOR understands and agrees that any or all assets acquired, constructed, or otherwise improved by the CONTRACTOR using the funds under this Grant Contract shall be held and used by the CONTRACTOR for the purposes stated in the SCOPE OF WORK shown on the Declarations page for a period of at least ten (10)years from the date the final payment is made. In the event that the CONTRACTOR decides to change or transfer ownership of any or all assets acquired, constructed, or otherwise improved by the CONTRACTOR using state funds under this Grant Contract, the CONTRACTOR agrees that any such decision or action must be submitted in writing and approved by BOARD in writing at least thirty(30)days prior to the execution of such decision or action. In the event the CONTRACTOR is found to be out of compliance with this section, the CONTRACTOR shall repay the principal amount of the grant as stated in Section Error! Reference source not found., plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject asset was authorized. Repayment shall be made pursuant to Section Error! Reference source not found.. Recapture Provision. 1.15 Project Completion Amendment and Certified Proiect Completion Report The Contractor shall complete a Certified Project Completion Report when all activities identified in the SCOPE OF WORK are complete.The Board will supply the Contractor with the Certified Project Completion Report form,which shall include: A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent,from all funding sources, in completing the project as described in the SCOPE OF WORK. C. Certification that all costs associated with the project have been incurred and have been accounted for. Costs are incurred when goods and services are received and/or contract work is performed. D. A final voucher for the remaining eligible funds. E. Pictures of Completed Project. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the Grant amount. The final Invoice Voucher payment shall not occur 4 prior to the completion of all project activities identified in the SCOPE OF WORK and the Board's receipt and acceptance of the Certified Project Completion Report. The Project Completion Amendment shall serve as an amendment to this Contract determining the final Grant amount, local share, state and federal. 1.16 Project Signs If the Contractor displays, during the period covered by this Contract, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Board as a participant in the project. 1.17 Recapture Provision In the event that the Contractor fails to expend state funds in accordance with state law and/or the provisions of this Grant Contract, BOARD reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the Contractor of state funds under this recapture provision shall occur within thirty(30) days of demand. In the event that BOARD is required to institute proceedings to enforce this recapture provision, BOARD shall be entitled to its cost thereof, including reasonable attorney's fees. In the event that the Contractor fails to perform this Grant Contract in accordance with state laws, federal laws, and/or the provisions of this Grant Contract, BOARD reserves the right to recapture all funds disbursed under the Grant Contract, in addition to any other remedies available at law or in equity. This provision supersedes the Recapture provision in Section 2.31 of the General Terms and Conditions. 1.18 Reduction in Funds In the event state funds appropriated for the work contemplated under this Grant Contract are withdrawn, reduced, or limited in any way by the Washington State Governor or Legislature during the Grant Contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of BOARD, and shall meet and renegotiate the Grant Contract accordingly. 1.19 Reappropriation The parties hereto understand and agree that any state funds not expended by the BIENNIUM CLOSE DATE listed on the Declaration page will lapse on that date unless specifically reappropriated by the Washington State Legislature or Governor. BOARD will make all necessary efforts to seek reappropriation of funds into the declared BIENNIUM. If funds are so reappropriated, BOARD's obligation under the terms of this Grant Contract shall be contingent upon the terms of such reappropriation. In the event any funds awarded under this Grant Contract are reappropriated for use in a future biennium, BOARD reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 1.20 Reimbursement Procedures and Payment If funding or appropriation is not available at the time the invoice is submitted, or when this contract is executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. 5 The Board shall reimburse the Contractor for eligible project expenditures up to the maximum Grant amount under this contract, as identified in Section 1.10. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher(Form A19), referencing the SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor provides: • Proof of compliance with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act, as described in Section 1.11, and • Signed Public Works Board Notice of Contract Award and Notice to Proceed, which follows the formal award of a construction contract. The Contractor shall submit all Invoice Vouchers and all required documentation to: Public Works Board Attn: (Program Specialist) PO Box 42525 Olympia,WA 98504-2525 The Board will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices shall be submitted to the Board not more often than monthly. Payment shall be considered timely if made by the Board within thirty(30)calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may, at its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board. BOARD shall not release the final five (5) percent of the total grant amount until acceptance by BOARD of project completion report. Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another source for an eligible project cost, then the Contractor shall not be reimbursed by the Board for that cost. Disallowed Costs.The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. In no event shall the total Public Works Grant exceed 100% of the eligible actual project costs. At the time of project completion, the Contractor shall submit to the Board a Project Completion Amendment certifying the total actual project costs and local share. The final Public Works Grant disbursement shall bring the total Grant to the lesser of 100% of the eligible project costs or the total declared GRANT AMOUNT. The Project Completion Amendment shall serve as an amendment to this Contract determining the final Grant amount, local share, state and federal. In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor has received Public Works Board monies in excess of 100.00% of eligible costs, all funds in excess of 100.00% shall be repaid to the Public Works Board by payment to the Department of Commerce, or its successor, together with the submission of the Project Completion Amendment. 6 1.21 Reports The Contractor shall furnish the Board with: A. Project Status Reports with each Invoice Voucher; B. Project Quarterly Reports (if no funds have been reimbursed in the quarter)and/or Quarterly Expenditures Report; C. Quarterly Projection Invoice Reports; D. Certified Project Completion Report at project completion (as described in Section 1.13); E. Pictures of various stages of the project, and F. Other reports as the Board may require. 1.22 Termination for Cause If the Contractor fails to comply with the terms of this Contract, or fails to use the Grant proceeds only for those activities identified in the SCOPE OF WORK, the Board may terminate the Contract in whole or in part at any time. The Board shall notify the Contractor in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the Grant. These terms supersede the terms in Section 2.40 Termination for Cause. 1.23 Termination for Convenience The Board may terminate this contract in the event that state funds are no longer available to the Board, or are not appropriated for the purpose of meeting the Board's obligations under this contract. Termination will be effective when the Board sends written notice of termination to the Contractor. Nothing in this section shall affect the Contractor's obligation to repay the unpaid balance of the Grant. These terms supersede the terms in Section 2.41 Termination for Convenience. 1.24 Contract Suspension In the event that the Washington State Legislature fails to pass and the Governor does not authorize a Capital Budget by June 30 of each biennium, the Washington State Constitution Article 8 and RCW 43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of appropriation. In such event, all work under this contract will be suspended effective July 1. The Contractor shall immediately suspend work under this contract and take all reasonable steps necessary to minimize the cost of performance directly attributable to such suspension until the suspension is cancelled. THE BOARD shall notify the Contractor immediately upon lifting of the contract suspension. 1.25 Special Conditions If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract. 7 GENERAL TERMS AND CONDITIONS 2.1 DEFINITIONS As used throughout this Contract,the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. "COMMERCE"shall mean the Department of Commerce. C. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. D. "BOARD" shall mean the Washington State Public Works Board created in Revised Code of Washington (RCW)43.155.030, and which is a Party to the Contract E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State"shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2.2 Allowable Costs Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3 ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the"ADA" 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.6 APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 8 2.7 ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. 2.8 ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorney's fees and costs. 2.09 CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing,fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.10 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: 1. All material provided to the Contractor by the Board that is designated as"confidential" by the Board; 2. All material produced by the Contractor that is designated as"confidential" by the Board; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information.The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law.The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request,the Contractor shall provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure.The Contractor shall notify the Board within five(5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 2.11 CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9 2.12 CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the BOARD may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by the BOARD that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the PUBLIC WORKS BOARD including but not limited to formulating or drafting the legislation, participating in Grant procurement planning and execution, awarding Grants, and monitoring Grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by,job title or position held, and separation date. If it is determined by BOARD that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, BOARD shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of BOARD provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which BOARD makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes"clause of this contract. 2.13 COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered "works for hire"under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets,advertisements, books, magazines, surveys, studies, computer programs,films,tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license(with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract.The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14 DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 10 2.15 DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Chair and the other party's(respondent's) Representative within three(3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5)working days. The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.16 DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.17 GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 2.18 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, BOARD, agencies of the state and all officials, agents and employees of the state, for, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim"as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom.The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to the Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 11 2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.20 INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 2.21 LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. 2.22 LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2.23 LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing(designation to be made prior to action)shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.24 Local Public Transportation Coordination Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein. 2.26 PAY EQUITY The Contractor agrees to ensure that"similarly employed" individuals in its workforce are compensated as equals, consistent with the following: 12 A. Employees are"similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; B. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: 1. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors;or a bona fide regional difference in compensation levels. 2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. 3. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by the BOARD, if the BOARD or the Department of Enterprise Services determines that the Contractor is not in compliance with this provision. 2.27 POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.28 PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages"and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request. 2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.30 PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied,without the prior written consent of the Board. 2.31 RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. 13 Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this contract. 2.32 RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six(6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33 REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.34 RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract.The Contractor shall provide access to its facilities for this purpose. 2.35 SAVINGS In the event funding from state,federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, the Board may terminate the Contract under the "Termination for Convenience"clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.36 SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 2.37 SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,the Board in writing may: (a)require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c)require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract.The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal 14 conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 2.38 SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.39 TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.40 TERMINATION FOR CAUSE In the event BOARD determines the Contractor has failed to comply with the conditions of this contract in a timely manner, BOARD has the right to suspend or terminate this contract. Before suspending or terminating the contract, BOARD shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law. BOARD reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by BOARD to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or(2)failure to perform was outside of his or her control,fault or negligence. The rights and remedies of BOARD provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 2.41 TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10)business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.42 TERMINATION PROCEDURES Upon termination of this contract, BOARD, in addition to any other rights provided in this contract. The rights and remedies of BOARD provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; 15 C. Assign to the BOARD, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the BOARD has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to the BOARD and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to the BOARD; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the BOARD has or may acquire an interest. 2.43 TREATMENT OF ASSETS Title to all property furnished by BOARD shall remain in BOARD. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the Contractor. 2.44 WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board. 16 ATTACHMENT I: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT PUBLIC WORKS BOARD DIRECT APPROPRIATION GRANT Mason County PG20-96103-001 Type of Funding Source Description Amount Grant Public Works Board $2,000,000.00 Other Grants Grant#1 WA Department of Commerce $ 499,550.00 Grant#2 $ _ Total Other Grants $ 499,550.00 —j Other Local Revenue Source#1 Local—City of Bremerton $ 1,000,000.00 Total Local Re_v_e_nue $ 1,000,000.00 _ Other Funds Source#1 Public Works Board—Construction Loan $8,000,000.00 Source#2 Partners, Private, State $ 1,100,450.00 Total Other Funds $9,100,450.00 Total Project Funding l $12,60-0,00-0.00--- CERTIFICATION 12,600 000.00CERTIFICATION PERFORMANCE MEASURE The CONTRACTOR, by its signature, certifies that project funding from sources other than those provided by this Contract and identified above are fully expended or committed, or both, in an amount sufficient to complete the project, or a distinct phase of the project that is useable to the public, and that the funding will be used for the purpose as described elsewhere in this Contract, as of the date and year written below. The CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the project, and shall make such records available for BOARD's review upon reasonable request. SIGNATURE NAME TITLE DATE 19 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Sheryl Hilt DEPARTMENT: Sheriff's Office EXT: 636 BRIEFING DATE: December 9, 2019 PREVIOUS BRIEFING DATES: None (If this is a follow-up briefing, please provide only new information) ITEM: Permission to purchase FARO scanner as a sole source provider. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The FARO scanner will be used to scan traffic accidents and possibly other investigation scenes and the information will, at times, be shared with other law enforcement agencies, therefore this information interface needs to be compatible with other agencies. FARO TECHNOLOGIES FOCUS Scanners are utilized by many law enforcement agencies including Los Angeles county. This is very useful when outlying agencies use the same technology and there are major crimes scenes that need multi-agency support. The data integration between other agencies that use the FARO FOCUS Scanners is seamless and needs no special integration tools or requirements. FARO TECHNOLOGIES Focus S series scanners all include digital hashing (encryption proof) of authenticity in the scanner. FARO is the only company currently doing this in compliance with Rule 702 FRE (Federal Rules of Evidence) that went into effect in Jan 2018. Other companies recommend using a third-party software or their data is encrypted after removal of the data from the device. This opportunity for tampering will allow challenges under rule 702 as there is no way to prove other technologies data hasn't been tampered prior to being hashed/encrypted in a separate external step. BUDGET IMPACTS: This equipment will be purchased using Traffic Diversion funds. Approximate cost $80,000. RECOMMENDED OR REQUESTED ACTION: Briefing Summary 12/6/2019 Move resolution to Action Agenda for approval. ATTACHMENTS: Sole Source information Resolution Briefing Summary 12/6/2019 wFARO Technologies l �' 250 Technology Park, Lake Mary, FL 32746 Tel: +1.407.333.9911 I Toll Free: 800.736.0234 Nasdaq: FARO 3D VISIONARY Fax: +1.407.333.4181 www.FARO.com To Whom It May Concern: This letter identifies FARO Technologies,Inc.,a Florida corporation("FARO Technologies"or"FARO"),as the sole developer and manufacturer of the FARO Focus Laser Scanners,including the Focus3D, FocusS and FocusM Laser Scanners, FARO ScanPlanM, SCENE."'software,FARO Zone TM 3D and FARO ZoneT^'2D software. FARO is also the sole provider of hardware and software service, warranty,maintenance,annual calibration,and training programs associated with FARO Focus Laser Scanners,ScanPlan, Scene Software and FARO Zone software.FARO is also the sole source for its GSA product pricing for the above products and services. FARO Technologies was founded in 1981 and is a global leader of 3D measurement technology. FARO Technologies is headquartered in Lake Mary, Florida with European regional headquarters in Stuttgart, Germany and Asia/Pacific regional headquarters in Singapore. FARO has branches in Brazil,Mexico,Germany, United Kingdom, France, Spain,Italy, Poland, Netherlands,India, China,Singapore, Malaysia,Vietnam,Thailand and Japan. As the world's most trusted source for 3D measurement,imaging and realization technology, FARO Technologies develops and markets computer-aided measurement and imaging devices and software.Technology from FARO permits high-precision 3D data capture, measurement,imaging and comparison.The devices are used for inspecting,planning and documenting spaces or structures in 3D including law enforcement,forensics,accident reconstruction,crime scene investigation, arson Investigation, post blast investigation,fire and security pre-plans,bullet trajectory,and bloodstain pattern analysis,and virtual reality. With a wide variety of features,including range,image quality,and capture speed,the Focus Laser Scanners considerably reduce the time and increase the effectiveness of documenting,measuring,and analyzing forensic scenes. FARO Focus Laser Scanners deliver a unique combination of advantages including lightweight,affordability,and precision. FARO is also the sole manufacturer of the FARO ScanPlanTM, a lightweight handheld mapper enabling Public Safety and Security professionals to quickly capture and visualize 2D floor plans. Further, FARO is the only developer and supplier FARO Zone TM 3D and 2D software which leverages technology from its acquisitions of FARO CAD Zone TM and FARO RealityT"'(ARAS360)Software companies. Known for our commitment to service, FARO prides itself with having service and support personnel around the world with law enforcement expertise. FARO's 3D Forensic Laser Scanning Solution is a fully integrated system designed specifically for Public Safety and Forensic applications. The solution integrates FARO's Focus Laser Scanner, certified Advanced Forensic Training program for crash, crime, fire, and security professionals, maintenance,warranty, Scene point cloud optimization suite, and exclusive FAROZone 3D software package with advanced forensic tools including Blood Stain Analysis, Bullet Trajectory, Fire, Explosion, and extensive Crash analysis tools such as Crush, Linear Momentum Analysis, Skid Analysis, Critical Speed Yaw, and Slope Calculator. With hundreds of thousands of units sold and customers around the globe,our products have been reliably measuring success throughout the world.Our forensic customers include the Department of Defense,federal governments,various intelligence organizations,the US military,and many state and municipal law enforcement agencies. Kind Regards, Jeff Ruiz I Vice President I Public Safety Forensics Nasdaq: FARO I jeff.ruiz@faro.com I www.faro.com Tax ID:59-3157093•DUNS:61-730-8929•CAGE:OVGY2•ISO Certified•GSA Schedule 84 Contract GS-07F-197GA MA-RF-150 REV 09/18 MASON COUNTY COMMISSIONERS RESOLUTION NUMBER: RESOLUTION AUTHORIZING THE PURCHASE OF INVESTIGATION EQUIPMENT AND SOFTWARE FROM FARO TECHNOLOGIES WHEREAS, the Sheriff's Office is interested in replacing outdated investigation scanning hardware and software needed to efficiently and effectively carry out one of the Sheriff's Office core missions; and WHEREAS, RCW 39.04.280 provides exemptions to competitive bidding requirements for purchases that are clearly and legitimately a single source of supply; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners as follows: 1. FARO Technologies is the sole source provider of the hardware and software most used currently in law enforcement investigations. 2. The county is authorized to purchase the hardware and software to continue accident and other investigations without proceeding to secure competitive bids, estimated cost is $80,000 inclusive. ADOPTED this day of December 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Tim Whitehead, Ch, DPA Randy Neatherlin, Commissioner Sharon Trask, Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Amber Finlay, Presiding Judge Daniel Goodell, Judge Monty Cobb, Judge DEPARTMENT: Superior Court EXT: 206 BRIEFING DATE: December 9, 2019 @ 11:30 a.m. PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: 2020 Court Commissioner Professional Services Agreement Background: Since 2001, the BOCC and Superior Court have entered into an annual court commissioner contract. The contract was with Richard Adamson until 2010 and has been with Robert Sauerlender since 2011. In 2012, the BOCC agreed to set the salary at 75% of a Superior Court Judge's salary, which is set by the Washington Citizens' Commission on Salaries for Elected Official; and in 2016, the BOCC agreed to increase the salary to 85% of a Superior Court Judge's salary. The proposed 2020 contract with Robert Sauerlender is for 37 hours per week (.925 FTE) with a salary of$153,587.28 and includes a scheduled increase by the Washington Citizens' Commission on Salaries in July. The compensation will be split between the Superior Court budget (.6.25 FTE), and the Therapeutic Courts budget (.3 FTE). The Superior Court portion includes a .125 FTE increase for work as an ITA Court Commissioner. Additional work over .925 FTE will be paid at the hourly rate. EXECUTIVE SUMMARY: BUDGET IMPACT: The above amount is included in the Superior Court and Therapeutic Courts 2020 budgets. PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Place on the December 17, 2019 action agenda to approve and sign the 2020 Court Commissioner Professional Services Agreement. ATTACHMENTS: Copy of Agreement cc: Tim Whitehead, Chief Deputy Prosecuting Attorney COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT This agreement is between Robert D. Sauerlender (Commissioner) , and Mason County Superior Court (Court) and Mason County (County) . The parties to this agreement, in consideration of the terms and conditions set out below, agree as follows : Section One - Appointment of Commissioner Pursuant to RCW 2 . 24 . 010, the Court hereby appoints Robert D. Sauerlender as Court Commissioner for a term beginning January 1, 2020 and ending December 31, 2020, and he hereby accepts such appointment and agrees to act as Court Commissioner pursuant to the terms and conditions set forth herein. Section Two - Responsibilities and Duties of Commissioner 1 . Pursuant to RCW 2 . 24 . 020, Commissioner shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the State of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability. 2 . Commissioner shall perform his or her duties under the direction of, and in accordance with the policies, procedures and timelines established by the Court. 3 . Commissioner' s work schedule shall be 37 hours per week ( . 925 FTE) , Monday through Friday during the hours of 8 : 00 a.m. to 5 : 00 p.m. , or as otherwise scheduled. 4 . Commissioner shall regularly preside over court dockets including but not limited to: Therapeutic Courts Involuntary Treatment Court Probate/Guardianship Domestic Relations Domestic Violence and Anti-harassment Ex parte COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 1 5 . During the hours established by the work schedule herein, Commissioner may also be required to perform other duties, such as, (1) hear and decide civil, domestic, probate, juvenile and/or adult criminal matters authorized by LCrR 4 .2; (2) review requests for temporary orders in domestic violence petitions and other ex parte order requests; and (3) other matters as arranged by the Court . 6 . Commissioner has successfully completed the Washington Judicial College and shall comply with Continuing Judicial Education requirements as set out in GR 26 . Section Three - Compensation Pursuant to RCW 2 . 24 . 030 , County agrees to pay Commissioner for the work set out in the schedule herein a salary at the rate of 8591 of the salary of a Superior Court Judge as established by the Washington Citizens' Commission on Salaries for Elected Officials for .925 FTE as follows : $12, 513 . 50 per month ($78 . 05 per hour) for January through June; $13 , 082 . 88 per month ($81 . 60) for July through December; for a total annual salary of $153, 587 . 28 . Any work performed over and above the schedule set forth herein shall be compensated at the hourly rate . Section Four - Benefits/Deductions Commissioner shall be eligible for all benefits available to Mason County employees within Chapters 6 and 7 of the Mason County Personnel Policies . Commissioner shall receive the same insurance premium contribution as regular full-time employees. Deductions by County from Commissioner' s pay will include applicable taxes, an amount equal to an employee' s contribution for applicable benefits and other deductions required by federal and state law. Section Five - Integration Clause This agreement embodies the whole agreement between the parties . This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties . Section Six - Written Modification as Necessary There may be no modification of this agreement, except in writing, executed with the same formalities as this instrument. COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 2 Section Seven - Termination This agreement shall terminate immediately should Commissioner not be in good standing with the Washington State Bar Association. Additionally, Court or Commissioner may terminate this agreement for any reason upon thirty (30) days written notice delivered to the other party. Actual delivery by Commissioner of a written notice to terminate to the Presiding Judge will constitute notice. Signed this day of Signed this day of December, 2019 : December, 2019 : MASON COUNTY SUPERIOR COURT BOARD OF COUNTY COMMISSIONERS AMBER L. FINLAY, Judge RANDY NEATHERLIN Commissioner District 1 DANIEL L. GOODELL, Judge KEVIN SHUTTY Commissioner District 2 MONTY D. COBB, Judge SHARON TRASK Commissioner District 3 Signed this day of December, 2019 : ROBERT D. SAUERLENDER Approved as to form: MASON COUNTY PROSECUTOR'S OFFICE By COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3 ACKNOWLEDGEMENT I, Robert D. Sauerlender, acknowledge receipt of a copy of Mason County' s Non-Discrimination and Harassment Policy (chapter 12 of the Personnel Policies) . I shall abide by this policy and that of state and federal laws that preclude discrimination on the basis of a person' s race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran' s status, sexual orientation, or disability (known or perceived) . Signed: Date: ROBERT D. SAUERLENDER COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4