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Home My WebLink About2020/03/24 - Regular Packet March 24.2 To limit the spread of COVID-19 within our community we are asking the public to limit attendance at gatherings including Commission meetings. Our Commission meetings are live streamed at http://masonwebtv.com/ and we will accept public comment via email — Mdrewry@ co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. We intend to limit our meetings to discuss and/or act on only essential County business. BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers—6:00 p.m. 411 North Fifth Street, Shelton WA 98584 March 24, 2020 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release: County Road Herbicide Notice 5. Open Forum for Citizen Input In response to the COVID-19 and to limit public gathering, we are suspending Citizen Input at this time. We will accept public comment via email — Mdrewry©co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. We will revisit this suspension on a weekly basis. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 6:15 p.m. 7. Approval of Minutes — none 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of a Memorandum of Understanding (MOU) between Shelton School District and Mason County Public Health concerning use of facilities during Public Health disasters/emergencies. 8.2 Approval to have the Chair sign the Public Works Board loan agreement(#PC20- 96103-157) in the amount of$8,000,000 for the Belfair Sewer Extension Project. aft el e I-ncr-ease the Belfair 2920 sewer rate to $108.11 per ERU with a 3% annual increase thereafter. operating expenses. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 03/24/20 9:17 AM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA March 24,2020—PAGE 2 c.—Maintain reserves in 0.09 and REET funds to minimize cconomic cyclicality impacts and ability to repay loans. —Produce quarterly financial reports noting any changes to the February 5, include a report on number of new ERUs as compared to target growth of 28 ERUs per year. er—Continue Partnership and financial agreement work with City of Bremerton and Port of Bremerton. REMOVED 8.3 Approval to execute the Annual Certification for Calendar Year 2019; Certification of Expenditures for Traffic Law Enforcement— 2019; and Certification for Expenditures for Fish Passage Barrier Removal-2019 to be included in the annual submittal to the County Road Administration Board (CRAB) by the Department of Public Works. 8.4 Approval of Supplemental Agreement No. 2 with Infrastructure Management Services, LLC. To extend the completion date for the Safety Plan Data Collection Project to December 31,2020. 8.5 Approval of a resolution selecting the Shelton-Mason County Journal as the official county newspaper for publishing certain legal publications. 8.6 Approval to cancel the public hearing scheduled on Tuesday, April 7, 2020 at 9:15 a.m. to consider approving the franchise agreement applications between Mason County and the following: • Aquarius Utilities, LLC • Island Shores Water, LLC • Detroit Water Service • Oak Park Water Company, LLC Association 8.7 Approval of the January 2020- December 2022 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 IAM representing Mason county Deputy Prosecutors. 8.8 Approval to allow Mason County Noxious Weed Control Board to enter into a Professional Services Contract Agreement with Hood Canal Coordinating Council's In-Liew Fee Mitigation Program, and approval to have the Chair sign the agreement. 8.9 Approval of the Pandemic and Public Health Emergency Response and Recovery for County Employees Policy. 8.10 Approval for Public Health to hire one temporary Full Time Employee(FTE). 8.11 Approval to authorize Public Works to go out to bid and purchase a new excavator for the Solid Waste Division. 9. Other Business (Department Heads and Elected Officials) 9.1 Community Development Block Grant (CDBG) hearing set for April 7, 2020 - comment submittal. 10. 6:15 p.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to consider the approval of budget supplemental appropriations and amendments to the 2020 budget. Continued from March 17, 2020. Staff: Jennifer Beierle 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2020\2020-03-24 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 24, 2020 No. 4.1 ITEM: Correspondence 4.1.1 Darin Holland sent in an application for the Planning Advisory Commission. 4.1.2 Federal Energy Regulatory Commission sent in a letter re: Extension of time request to file a response to additional information requested on the Washington Cushman Hydroelectric Project City of Tacoma. 4.1.3 Washington State Liquor and Cannabis Board sent in a Change of Location Application for Larry Cheung's Marijuana License Application. 4.1.4 Thomas Furniss sent in a letter of appreciation for the work that Public Works. Department did at the home of 21 Pine tree Lane Tahuya. Attachments: Originals on file with the Clerk of the Board. l,l..IJIVIIVJFXQ IVGQU 1011111, —I—Y ua+ Clerk, j e_h OOaMASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437, Voice 360-427-9670, Ext� 5-4467 or 482-5269 1854 I AM SEEKING APPOINTMENT TO Planning Advisory Commission � ' 1 NAME: Darin Holland FRS ADDRESS: PHONE: (360) CITY/ZIP: Shelton/9858 P236 VOTING PRECINCT: WORK PHONE: (360) OR AREA IN THE COUNTY YOU LIVE) E-MAIL: E) Darin@darinholland.com --------------------------------------------------------------"----------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS COMPANY: Richard Beckman Realty Group 4 YRS Mason County Association of-Realtors Shelton-Mason County Chamber of POSITION: Real Estate Broker ommerce Veteran's Tiny Homes Local Advisory Board COMPANY: U.S Army (Retired) 15 YRS POSITION: Staff Sergeant(88M, 97G, 96B) -------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: The role of the members of the Planning Advisory Commission is to.assist County Commissioners in making tough decisions on policies that aect the county comprehensive plan and on and use. These policies set the direction o the f,it,ire of the comml inity baser] 1 1pon the County COMMISSiOnerS long-term vision With the co�nbineri knowledge and expertise provided by the members of the Planning Advisory Commission the County Commissioners are able to successfolly stear the County in a positive and sensible direction. What interests, skills do you wish to offer the Board, Committee,or Council? have an inherent knowledge of planning and development, as well as the local issues with housing shortages. I bring the experience of working with our citizens and builders who are facing development challenges and can offer insight te alleviating these eh rienges. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) None Your participation is dependent-upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes 100% Realistically, how much time can you give to this position? Quarterly Monthly X Weekly Daily Office Use Only &�_� 3/11/2020 Appointment Date Signature Date Term Expire Date Cc:CMMRS Neatherlin, Shutty, Trask Clerk ' FEDERAL ENERGY REGULATORY COMMISSION Washington,D.C.20426 OFFICE OF ENERGY PROJECTS Project No. 460-097—Washington Cushman Hydroelectric Project City of Tacoma February 20, 2020 VIA FERC ServiceED �„�q ''� 'E i Mr. Patrick D. McCarty Generation Manager MAR 13 2020 Tacoma Power 3628 South 35th Street Mason County Commissioners Tacoma, WA 98409 Subject: Extension of Time Request to File a Response to Additional Information Request Dear Mr. McCarty: This letter is in reference to your letter filed February 13, 2020, requesting an extension of time to file a response to our additional information request(AIR) issued January 15, 2020 for the Cushman Hydroelectric Project No. 460. As a result of implementing the approved Recreation Plan' for the project, you filed a revised Recreation Plan to reflect changes that were made at various recreation sites during the development of those sites. In the AIR we requested you provide the following: (1) a plan and schedule for resolving access issues along the Dry Creek Trail; (2) documentation of current conditions at the Bear Gulch Picnic Area; (3) documentation that all of the required recreation facilities were constructed at Big Creek Campground; (4) documentation of the parking capacity at Site 1 along Staircase Road; (5) clarification of which restrooms are accessible; and (6)updated language in the plan to reflect accomplishments made at the project. r 1 You state that all the above items have been addressed except for item 1. Additional time is requested to work with United States Forest Service staff to obtain documentation regarding access rights along the Dry Creek Trail. You are proposing to file documentation of access rights along the trail with the Commission by Mayl5, 2020 ' Order Modifying and Approving Recreation Plan Per Article 425 (139 FERC ¶ 62,061) issued April 24, 2012 (2012 Order). Project No. 460-097 2 and to file a revised recreation plan, addressing all items identified in the AIR letter, by July 15, 2020. The request for additional time to file a response to our January 15, 2020 �= additional information request is in the public interest. The deadline to file the revised recreation plan is July 15, 2020. If you have any questions, please contact me at(202) 502-6156, or by e-mail at mark.ivy&ferc..gov. Sincerely, Mark 1. Ivy, Ph.D. Outdoor Recreation Planner Division of Hydropower Administration and Compliance h t . Cc:CMMRS Neatherlin, Shutty, Trask U.l I rl4m A-�'(we'C IiWashington State Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov RETURN TO:localauthority@sp.Icb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 3/13/20 RE: CHANGE OF LOCATION APPLICATION from CM1, LLC 250 W AXTON RD BELLINGHAM,WA 98226-7315 0 APPLICANTS: License: 413650 - County:23 CM1 LLC UBI:604-397-564-001-0003 CHEUNG, LARRY Tradename:CM1 LLC 1973-04-08 New Loc: 190 W PINE ACRES WAY SITU,YANLING SHELTON,WA 98584-8965 (Spouse) 1984-07-05 1038 SW 348TH PL Mail: aji FEDERAL WAY,WA 98023-841 p Phone No.: 917-365-2161 LARRY CHEUNG 14AR 13 7P120 Privileges Applied For: tI MARIJUANA PRODUCER TIER 2 Mason County MARIJUANA PROCESSOR COMMissiOners As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360)664-1704. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4.If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask March 12,2020 Mason County Commissioners 411 N.Sth St. Shelton,WA 98584 Subj; My Appreciation for the Outstanding Performance of Mason County Employees Dear Sirs: In my previous letters to you, I mentioned a water-hazard in my neighborhood and my attempts to prevent periodic flooding. In response,you sent Mr. Rod La Rue,your Public Works Supervisor,to my home at 21 Pine Tree Ln.,Tahuya Wa. Rob was extremely polite, professional and.knowledgeable. And I believe he has solved the long standing water problem with his innovative use of waste materials. Please thank Mr. LaRue and your other Public Works employees including Ms.Amy Braakman,the Administrative Assistant who made my permit application such a pleasant experience. Sincere y, Thomas A.Furniss , V 5190 Granada PI.Se. MAR 16 20110 Port Orchard,Wa 98367 Mason County Commissioners NEWS RELEASE March 24,2020 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 (360) 427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: COUNTY ROAD HERBICIDE PROGRAM NOTICE Mason County Department of Public Works will begin the spring application of herbicides for vegetation control along county roads on or after Wednesday, April 1, 2020, weather permitting. For a detailed list of the roads effected by the herbicide application program,please contact the Mason County Department of Public Works at(360) 427-9670, Ext. 450 or visit the county website: www.co.mason.wa.us. Property owners that are adjacent to the areas to be sprayed, that do not want the spraying to take place, may enroll in our"Owner Will Maintain"program by contacting Public Works. Those property owners who have already enrolled in the program and designated their property as "No Spray,"will not need to contact the Public Works office--their rp opertX will not be s rp ate. BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Vice Chair Commissioner Memorandum of Understanding 'Between Shelton School District And Mason County Community Services-Public Health Concerning USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES 1. Purpose: This agreement is made and entered into between the Shelton School District in (Shelton, WA and Mason County) and Mason County Community Services - Public Health (hereafter MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals and families in the event of an emergency/disaster. The Superintendent or designee of the Shelton School District is authorized to permit MCCS-PH to use its facilities and desires to participate with MCCS-PH for emergency/disaster related purposes. 2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated above. The parties agree: a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its facilities without charge for all services reasonably related to emergency/disaster activities including but not limited to mass vaccinations, medication disbursal, alternative health care, etc. for victims of disaster/emergency, if practical. b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts' facilities and further agrees to assist with replacement or reimbursement to the District for any foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS- PH will also restore the used premises to a condition reasonably like the condition prior to use by MCCS-PH. c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final cleaning following the use and vacating of the facilities. This applies to the areas within the used facility during the disaster/emergency. d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold harmless, and indemnify each other against any legal -liability with respect to bodily injury, death, and property damage, arising from negligence or intentional acts of either party during the use of the property belonging to the District. It is understood and agreed that this agreement is for the sole benefit of the parties and gives no right to any other party. No joint venture or partnership is formed by this agreement. e) This agreement shall be valid for five (5) years from the signature date below, unless modified in writing by the parties. f) No portion of this contract may be assigned, delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the other party. g) Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties, and effective on the latter date of execution by the respective parties. h) 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 or litigation shall be in the courts of the State of Washington in and for the County of Mason. This agreement shall be governed by the laws of the State of Washington. Except as stated herein, each party shall be responsible for its own attorneys' fees. i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding privacy of medical information. Page 1 of 2 j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part whenever MCCS-PH or the District determines that such termination or suspension is in the interests of either party. Termination or suspension of this agreement at any time during the term, whether for default or convenience, shall not constitute a breach of this agreement by MCCS-PH or the District. This agreement may be reactivated in whole or in part following suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said reactivation becoming effective ten (10) days following mailing. k) 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 contract are declared severable. 1) Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by instrument, in writing, signed by the parties hereto. m) This written agreement represents the entire agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. n) This agreement does not supersede any other agreements that the District may have with other organizations or partners. In witness whereof, the Superintendent of Shelton School District and the Director of MCC$-PH have caused this agreement to be executed. This agreement is effective and operative upon the fixing of the last signature hereto. BOARD OF COUNTY COMMISSIONERS MASON COUNTY Sharon Trask, Chair APPROVED AS TO FORM: Chief, Prosecuting Attorney Kevin Shutty, Commissioner Tim Whitehead Randy Neatherland, Commissioner SHELTON SCHOOL DISTRICT ATTEST: Clerk of the Board Superintendent School Representative Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 234 2020 A enda Item # BRIEFING DATE: March 23, 2020 BRIEFING PRESENTED BY: Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: PUBLIC WORKS BOARD LOAN — BELFAIR SEWER EXTENSION BACKGROUND: Mason County received a loan offer from the Public Works Board on August 31, 2019 in the amount of $8,000,000 for the Belfair Sewer Extension Project. Commissioners were presented the Belfair Sewer Extension Pre-Design Report (Kennedy-Jenks) and an updated Belfair Sewer System Financial Analysis (FCS Group) on February 11, 2020. Staff recommends accepting the full loan amount and implementing financial controls. BUDGET IMPACTS: The first loan payment is due one year from the date of contract execution and on a monthly basis. Interest at 0.79% begins accruing at the first loan draw based on the cumulative draw amount. The rate may be reduced if performance incentives are met per section 1.12. For example, if a certified project completion report is submitted within 48 months of contract execution the loan repayment period may be increased by 24 months OR interest rate reduced by 0.25%. Additionally, a request can be made to defer the first loan repayment until 60 months after loan execution under certain conditions. Upon project completion, a final agreement will be executed. Special terms and conditions that will be reviewed and revised, interest rate may be reduced or repayment term increased if incentives are met. Any unused funds will be de- obligated. PARTNER COORDINATION: Mason County and project partners City of Bremerton and Port of Bremerton met February 28, 2020 to review the pre-design report, affirm the preferred alternative, discuss project phasing and partner participation. City of Bremerton affirmed they have committed $1,000,000 towards sewer extension to PSIC. RECOMMENDED ACTION: 1. Recommend the Board authorize the Chair to sign the Public Works Board loan agreement in the amount of $8,000,000 for the Belfair Sewer Extension project. 2. Recommend implementing the following financial controls in 2020 to improve stability: a. Increase the Belfair 2020 sewer rate to $108.14 per ERU with a 3% annual increase thereafter. b. Ensure CFCs are set aside for future capital rather than debt service or operating expenses. c. Maintain reserves in 0.09 and REET funds to minimize economic cyclicality impacts and ability to repay loans. d. Produce quarterly financial reports noting any changes to the February 5, 2020 updated Belfair Sewer System Financial Analysis assumptions and including a report on number of new ERUs as compared to target growth of 28 ERUs per year. e. Continue partnership and financial agreement work with City of Bremerton and Port of Bremerton. ATTACHMENTS: 1. Public Works Board Loan Contract 2. February 5, 2020 Updated Belfair Sewer System Financial Analysis CONTRACT FACE SHEET Contract Number: PC20-96103-157 PUBLIC WORKS BOARD CONSTRUCTION LOAN 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 $8,000,000,.00 Federal: ❑ State: Q Other: ❑ Contract Execution June 1, 2039 N/A: ❑ Date 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 Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction,, replacement, rehabilitation, or improvement of streets, roads, bridges, drinking water systems, stormwater systems, sanitary sewage systems, or solid waste facilities, including recycling facilities. 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; and Attachment I: Attorney's Certification. 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 11, 2019 Sandra Adix Assistant Attorney General a j'' - •� s wit - ✓' �",�. fit;�" b � � � �L, r 7 � � ';v " � � � �'Y4. Ahoy Am ON vz S w t { y{ s w I F a ✓ h ? iy Ph Nov � 1 zoo moil AQ VWI + f " r " 2 DECLARATIONS `,C:LIENT;INFORMATION _ t Legal Name: _Mason County Loan Number: PC20-96103-057 PROJECT INFORMATION "� � _. — W Project Title: .Belfair Sewer Extension Project City: - Belfair - - _ - Project State: -,Washington ' _ - Project Zip Code: LLOAN INFORMATION Y - - Loan Amount: ;'Tf \'°,: ! - 'ti $8;000,000:00 Total Estimated'�Cost: $12;600;000.00 Total Estimated'Funding: =, ` $121600,000:00 `5 Loan Forgive'riess°/a=(if applicable) 5% Loan Term: - Interest)Rate - -- --- 0.79% PaymentMonthJune1s' Loan Reimbursement Start Date August 2,2019 Time of Performance 60 months from Execution Date.ofthis Contract tor otect' Completion. I i { SPECIAL TERMS;AND CONDITIONS GOVERNING THIS LOAN AGREEMENT ...1 - - - - r- -_ The contractor sha'll:adopt a.rate increase of`$87 to the base monthlyy6te per ERU or demonstr'a'te there has been an increase ERU(s) 0rior'to projectcompletion. This increase shall be'maintained-for- the term of the,loan, or until�such tinie'the BOARD is,satisfied with the CONTRACTOR's finances and.notifies the CONTRACTOR that this condition"no longerrapplies: LOAN SECURITYyCONDITION GOVERNING THIS LOAN AGREEMENT This loan is a revenue obligation ;of,the CONTRACTOR.payable.solely,from the:,net revenue of the sanitary sewer system. Payments shall,be made from the net revenue of the utility after th_e payment of the principal and interest on any revenue bonds, `notes,:warrants°or other.'obligations of the utility having a lien on that net revenue. As used here;_"net revenue'.'means gross revenue minus:.expenses of maintenance and operations. The BOARD grants the CONTRACTOR the'right to issue.future-'bonds and notes that constitute a lien and charge on net revenue superior-to the lien and charge:of-this loan.agree- ment. . , SCOPE OF WORK The project will construct two or three sewer lift sta_tions,.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, bid documents and construction. The project needs to meet all applicable Local, State, and/or Federal standards. 3 14 a ff RAW -Y 3 a^ � VA to q am Elm loan F s k 1 d two vv MY, a WAS `x its ii 9iowl ten I - TABLE OF CONTENTS CONTRACT TERMS AND CONDITIONS................................................................................. 1 Part 1. SPECIAL TERMS AND CONDITIONS........................................................................ 1 1.1 Definitions........... :: ...: ........................... ................................................................1 1.2 Authority.................................................................................................................................1 1.3 Purpose .'.7 1.5 �" .... ........... 1.4 Order of Precedence s .........................................................1 .. . 1.5 5-year deferral.for start-up systems `.... .............................2 1.6 Competitive Bidding.Regwrements�. ....................................2 1.7 Default nrr Repayment w ..............................2 1.8. r Investment Gradef Audit. . �+ i ............ .' ....................2 1..9' Sub'Contractor Data Collection' �.. .........................................................2 l .f. f ' 1.10 EligibleProlect�Costs.... ..:: .... ..................2 1.11 Historical and Cultural Resources .........3 #' 1 12 Performance Incentives - : f •. . ......3 y a X , 1,13 ;'Project CompletiontAme_nm dent and;Certified{Pro�ect Completion Report .. . ....4 F 114, Project Signs ' �. - - .. x f: � .4 -115' Rate�Loan Forgivenessand Term of Loan ' 5 1 16 Recapture, '.. :.., :........ ......... ! t .? ..5 !, 1:17 -Reimbursement Procedures and Payment :. . .. 5 r , 1.18 1.1Repaym ent a i . �i 1 1 J i i......... x..16� .. � ::......• 9 Re ortsi ... . 7 ' .. ... i '� 1.20' Tetminationifor Cause..... ................................. . :'7 1 21 Terminationffor Convenience........................... y7 I 1:22 Time of Performance.......................................... .. I '7 J 1 1:2 ......o ..... :3 ;.0 7 114 Special Cond-ions� ......................... ...... ......... ........ j .........8 1.25 Loan'$ecun 'i ...................... .8 y j Part 2 GENERAL TERMS AND CANDITIONS.. _ �9 f %2.1 DEFINITIONS ......................................................... :.:..:::.. ............9 X c 2 2 Allowable Costs .. ........ 9 ._. . 2 3.. ALL WRITINGS C.ONTAINED._HEREIN..:. .... .9 f- = : 2:4 AMENDMENTS ' " .......9 ..... ,... + 2.5 AMERICANS WITH DISABILITIES ACT,:(ADA)'OF 1990, P.UBLIC'LAW 101., also ,referred to as the"ADA" 28 CFR Part 35.. .................................................9 . .. 2 6 APPROVAL ....... ........ .. ..... ............ ...... ........................9 21 ASSIGNMENT.'...... ...................... 10 ....... ........ 2.8 �-,ATTORNEYS'.FEES. ........ .................,.... .. ...... ..:......:::.......................................... 10 2.09 CODE REQUIREMENTS ...... ................................ 10 . .................................................... 2.10 CON FIDENTIALITY/SAFEGUARDING,OF,INFORMATION10 ............................................. 2.11 CONFORMANCE..... .: :.::::..: :.:: : . .... r......................................... 10 ................. ............... 2.12 CONFLICT OF INTEREST............................................ ...................................................... 11 2.13 COPYRIGHT PROVISIONS.................. -- . "' ........... ...................... 11 ......... ........... 2.14 DISALLOWED`COSTS.......:::::. : :::.:::::................ . : :::.................................................... 11 2.15 DISPUTES.. 2.16 DUPLICATE PAYMENT..................................................................................................... 12 2.17 GOVERNING LAW AND VENUE....................................................................................... 12 2.18 INDEMNIFICATION ............................................................................................................ 12 2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR...................................................... 13 2.20 INDUSTRIAL INSURANCE COVERAGE........................................................................... 13 2.21 LAWS.................................................................................................................................. 13 2.22 LICENSING,ACCREDITATION AND REGISTRATION.................................................... 13 2.23 LIMITATION OF AUTHORITY............................................................................................ 13 2.24 Local Public Transportation Coordination ..................................................................... 13 2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS............................................... 13 2.26 PAY EQUITY....................................................................................................................... 13 2.27 POLITICAL ACTIVITIES..................................................................................................... 14 2.28 PREVAILING WAGE LAW................................................................................................. 14 2.29 PROHIBITION AGAINST PAYMENT-OF-BONUS OR COMMISSION.............................. 14 u_. ....................................................... 14 2.30 PUBLICITY...........:...: :.............................:.. . 2.31 RECAPTURE..........."........................... ................................. ......................................... 14 2.32 RECORDS MAINTENANCE :: �� ............................................................... 15 2.33 REGISTRATION-WITH DEPARTMENT,:OF REVENUE-.................................................... 15 2.34 RIGHT OF1NSPECTION.............................. ... ........................................... 15 2.35 SAVINGS`.:.� ... .... .....' .a.... .. ..... .......:::...................................... 15 2.36 SEVERABILITY ° � . 15 .� 2.37 SUBCONTRACTING .1.. ' .... . ".......................................................' .. .. 15 . 239 .TAXUIVAL. 1r 16 ................. ES? ' ......... ......... ' ....................................... 16 2.40 TERMINATION.EOR CAUSE.....,. .. ..... 16 W l� 1 2.41`,TERMINATION FOR CONVENIENCE . .: ....} ... 16 2.42...TERMINATION PROCEDURES . 16 2:43 TREATMENT OF ASSETS ... ...... ... .:. . 17 7 ;2.44` WAIVERS............... .� .. 9. ... . t3 17 r 7 .r ATTACHM_ ENT-1 . ATTORNEY'S CERTIFICATION t ' .. .. . 1'89 { '• i 4 I t t CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD CONSTRUCTION-LOAN PROGRAM Part 1. SPEC:LALTER'M:S AND CONDITIONS 1.1 Definitions As used throughout this Construction Loan-Contracthe f ollowirg terms shahhave themeaning set forth below: A. "Contract"-shall mean;thi"s,kCoristruction Loan,Contract. B Contractor" shall mean the}local government identfied on thef Cont act Face 'Sheet�perfo�ming servicks)'-under;tkis Contract and who is a Partyto the Contract and'shall'include all employeesiand f a entS.Of.the Contractor: .°; s .;� g t t C The Board" shall mean the Washington State Public Works Board created Jn Revised Code.'of i Washington(RCW)43 155 030;'and who is a Party to the Contract j ; 1 I 9 ' ' jf' j 1 D "Declarati'ons "antl "Declared"shall refer to the project information, loan terms and con"ditionsk as,stated { on the Declarations Page of this Loan Contract, displayed withm,the contract in THIS STYLEjfor,easier identifcation ; -y } % Authority r Acting under the authionty,of Chapter 43.1.55 RCW;the Boartl hasfawarded the Contractor a Public Works Board construcfion loan for an approved public works project 1.3 Purpose = t f� ,rr; r = The Boa .'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,Progr'am. 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 loan.terms and conditions, and all applicable federal, state'and aocal.laws and ordinances--vVt ich'-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" ontract;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 5-year deferral for start-up systems If the project financed by this contract is to develop a system to deliver previously.unavailable services, and revenue from those services is to repay the loan, the new system is eligible for a deferral of loan payments for sixty(60)months after the Contract execution date. The Contractor may provide a written request to the Board requesting a 5-year deferral for an eligible system. The Board may approve the deferral request. Interest accrues for the aforementioned,sixty(60):<m.onths:--The,accrued interest only payment is due June 1 of the 6th year of the loan term. Interest and principal paynlents'are due on June 1 of the 7th year of the loan term. 1.6 Competitive Bidding Reg uirements The Contractor shall'comply with the provisions of RCW 43 155?060 reg'arding,cbiripetitive bidding requirements_for projects asslsted'in whole oryin partwith money from:-the Public Works,Program. 1.7 Defaultfin Repayment Loan repayments shall be made on the;loan in accordance with:Section 1 18V ofahi's Contract. A,*payment not received within thkty(30)'daysof the due•date' shall-be declared delinquent. Del inquent.,payfnents shall be assessed a monthly penaltyYbeginning on the.first(1�st)day past the due.date Tfe penalty will;be assessed on the entire'payment amount The:'penalty will be one percent(1%)'per month ortwelvepercent (12%)perannum The same penaltyterms shall apply at project completlon,if,.the repayment of loan funds in excess-of eligible costs are not repaid at the time of the Project Completion Amendment is'submltted as j provided for in Section 1 13. The Contractor acknowledges and agrees to the Board's right, upon:delinquency m the payment of any annual installment :to notify any other entity, creditors, or potential creditors of.the Contractor of such` ..;j i The Contractor shall-,66 responsible fo�.all legal fees incurred by the Board in any action undertaken to `.; enforce`its rights under this sectiori: 1.8 ':Investment Grade Audit j' Forprolects�involvmg`repair, re'placementor improvement of a wastewater treatment plant:or other public works facility for-which an investment grade audit is obtainable'':;Contracto'r�must undertake`an,investment grade audit. Costs incurred as partof the investment grade audit are eligible'project,costs`,, 1.9 Sub-Contractor Data Collection Contractor will submit reports;ina form and format to be provided by the Board and at intervals as agreed by the parties, regarding work under4his Contract performed by,subcontractors and the portion of the Contract funds expended forwork.perform'ed by,,ub-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. 1.10 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. 2 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 LOAN 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 loans These terms supersede the terms in Section 2 2:Allowable Costs. 1.11 Historical and Cultural'Resources " Prior to commencing construction Contractor shall complete the requirements of Governor's Executive Order 05-05 oras an alternative to,compietion of,,Governor'syE cecutiv�e Order 05 05 rContractor 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$res ources a'"'agrees to hold harmless the,Board and the State;of Washington,in relation to any claim related to such historical or cultural 6sources,disdovered, disturbed or damaged°as a resultnof the project funded by this Contract= i In addition to the requirements set forth in this Contract Contractor shall;in accordance with Governor's; Executive Order 05 05, coordinate with the 1Nashington State Department of Archaeology and Historic .i Preservation- DAHP 'i"cludin an recommended consultation with an affected tribes Burin ro ect q ( ) 9 , Y Y O �9 P 1_, I design and prior to construction t6determine the existence of any tribal cultural resources affected bylthe:i } proposed project fundetl by tllis Contract. Contractor agrees to avoidminimize oar mitigate;impacts to rcultural resource as a continuing.-pre-requisite to receipt of funds under this Contract 1 t j ;The Contractor agrees tliat, unless the Contractor is proceeding under an approved historical acultural ,monitoring plan or other memorandum of agreement, if historical or cultural=resources,are discoveredduring ' AA construction .the Contractor_shall immediately stop work and notify the{66811 historicallpreservation officerl' I and thotates historic preservation'.officer at DAHP. If human remains are uncovered,the Contractor`sha'II `? report'the presence and location of,.the remains to the coroner aril local enforcement immediately, then contact DAHP and,the concerned tribe s cultural staff orcommittee ` The Contractor shall=require"this provision to-be.contained An all s'u, contracts for wombr services related to the declared SCOPE"OF_WORICr ' re r - In addition.to the requirements set forth in this Contract,:Contractor agrees to comply with RCW 27.44.040 regarding Iridian Graves'and RecordsRCW 27.53 regarding Archaeological Siies�and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and'Histoeic Graves and WAC 25.'-48 regarding Archaeological'Excavation-and Removal;Permits. 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 orSection 106 of the National Historic Preservation Act. 1.12 Performance Incentives The Contractor shall complete the project no later than sixty(60) months after the date of contract execution. 3 Should the Contractor shall submit the Certified Project Completion Report within forty-eight(48)months of the date of contract execution,the Contractor may choose one of the two following incentives upon project completion: Option A: The repayment period will be increased by twenty-four(24)months, not to exceed the life of the asset, OR: Option B: The interest rate will be decreased by one-quarter of one percent(0.25%). Should the Contractor shall submit the Certified Project Completion Report within thirty-six(36) months of the date of contract execution,the Contractor may choose one of the following two incentives upon project completion: F Option C: The repayment period will be increased by sixty'$(60)rhonths, not to exceed the life of the assE.t, Option D The:interest rate will be decreased by'up to one'-half of.one percent(0.50%). Once an option is selectetl the Contract shall,be modified to note the appropriate change and no further adjustment,to`the Contract for Performance Incent vessshall be,authorized�flrrespective of the performance incentive chosen, at no pointin time"shalfthe minimum"Moan interest ratebe less than,0.25%, ' Tz The cdlculatioo of interest rate and term adjustiijeW.WilLapply to;the remammg payments beginning from the date the Protect Completion report is certified 1.13 'Proiect Completion Amendment and Certified Proiec`t Completion Report' � The Contractor`shall complete a'Certified Project Completion Report when all activities identified m the z; SCOPE OF WORK are completer Th,e'Board will supply the Contractor with3the Certified Project Completidn Aeportfform,which shall include j 1 f = 61 A A certified statement thatathe protect, as described in the declared SCOPE.OF W.ORIC, is complet6lantl if applicable meets requiretl dards. stan PJ B A certfied statement of the actual dollar amounts spent from:all fundmg'sources, in_completmg tFie d I project as described in the SCOPE.OF WORK. 3 C Certification that all costs associated with the project have been incurred and have been accounted for. Costs are-incurred when goods,an"d services are received and/or contract work is performed D , A final voucher for the remammg eligible furids E Pictures of Completed Protect , a` 4h The Contractor willsubmif the Certified Project Completion Report together with`the last Inv&ce,,Voucher for a sum not to exceed the balance of the'loan amount The:final Invoice Voucher•.,paymentshatl not occur prior to the.completion of alt°project activities identified in the SCOPE OF°.WORK and the Board's receipt and acceptance of the Certif6d.jProject Completion Report The Project CompletionAmendment shall:serve as an amendment to.this Contract determining the final loan amount, local share, term arid,nterest•rate 1.14 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. 4 1.15 Rate Loan Forgiveness and Term of Loan The Board shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the Contract Face Sheet and declared on the Contract Declarations Page. The interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance. The amount of loan forgiveness(if applicable)shall be as stated on the attached Declarations Page, and identified therein as LOAN FORGIVENESS%. The length of the loan shall not exceed the declared:LOAN TERM in.years,with the final payment due by the CONTRACT END DATE as shown-&h-the Contract Face Sheet:` The loan forgiveness shall be applied at p rbject completion a d shall apply to the lesser of the loan amount or the actual eligible costs antl that;.declared percent on any accruedinterest.�The percent of loan forgiveness and interest rate shall not be changed;regardless of,the actual cost of the project and the Affordability Index at"protecYcompletiori 'h c 1.16 Recapture The rightJof recapture under Section 2.31. Recapt;u-rd;shall exist for a period not to exceed sixa(6)years following contract termination In the'event that the Board=is required to institute legaI proceed hgs to ; enforce the recapture provision the"Board shall be entitled to its costs tlereof,,iricludmg attorney s fees. ,1.17,4 Reimbursement Procedures and Payment �` If funding or appropriation isnot availaljle at the time the invoice is submitted, or when this contract is: ` executed, the issuance of 46rfants,will be delayed or suspendeduntil such'time as funds or appropriation �beconie available Therefore, subject to the availability of funds,warrants shall be issued to the Contracto'i "for reimbursement of,,allowable expenses incurred by the Contractor while undertaking and!admin stenhg Y- sapproved pf6ject actiVities ih-'acb rd}1ance with the declared SCOPE O0v �AlF} 3, ,,The Board hall reimburse the Contractor for eligible project expenditures up to the maximum loan amount under,this contract, asrtdenfifed m Section 1.10. When requesting reimbursement for costs incurred;:the a Contractor shall;submit aligned and completed Invoice Voucher(Form;A19), referencing the`SCOPE OF ` WORK projecf activity performed and any appropriate documentation such as'bills-,'Invoices and receipts. The Invoice Voucher`must be certified by an official of the;Contractorwith 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 Governors Executive..Qrder 05 05-:or Sectioii" 66 of the National Historic Preservation Act,�as describedin Section 1 11 ands • Signed Public Works.Board Notice_of Contract Award and Nofice to Proceed, which follows the formal award of a construction contract:>,. ' The Contractor shall submit:all Invoice-Vouchers_and all requireddocumentation 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. 5 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 oFsupplies,to be provided under this contract shall be made by the Board. BOARD shall not release the final'-,five(5)Jpercent of the total grant amount until acceptance by BOARD of project completion reportz Duplication of Billed Costs:(If the Contractors entitled toy payment or has been will,,be paid by another source for aneligiblepro�ect;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 orthat of its subcontractors . ' f n l' In nonevent shall the total1Public Works Loan exceed 100°70 of the eligible actual protect'costs,. At the time of project completion the Contractor shall submit to the Board a Protect Completion Amendment certfyingthe total actual project costs and local share The`-final Public Works loan disbursement shall bnng,i total :} loan to the lesser of 100% of the,eligible project costs or the total:declared LOAN AMOUNT;>The Project serve:asban amendment to this Conthact determining the final} oamam14 Tount Completion Amendment shall local share, and interest ratea I rl In the ent that the final costs identified in the Project Completion Amentlment indicate that the Contactot ev h4 ;has received:Public Worts Board monies in excess of 100.00% of eligible costs all funds in excess of 100.00%shall be repaid1to:the Public Works Board by payment to the Department of Commerce or its successor,together with the submission of the Project Completion Amendment. i I 1 `1.18 Re'pavment, Loan repayment mrsfallments are due on the tlay and month identified under tFie term: PAYMENT MONTH on tl,e Declarat}oris Page Payments are due each year during the`term,,of th&Aoan beginning one;year from the date''.of contract execution. Interest only will be4chargedfor this payment if a warrant is issued prior to this''date. All sub'sequent;'payments shall consist of principal and accrued interest due on thefspe=ied PAYMENT MONTH date cf each year:"' ear daring the remaining term'of the loan Repayment'of.1the loan under this Contract shall include the declaretl INTEREST RATE per`yannum based on a three hundred and sixty(360)'day ye .of twelve`(12)thirty(30,)`day months"Interest will begin to accrue ar from the date each warrant is issued to`the Contractor.The final"payment shall be hn or before the CONTRACT END DATE shown brit he Declarations page, of anamount sufficierit'to bring the loan balance to zero. In the event that the Board approves the Contractor's request fora deferral as outlined in Section 1.5, then the first loan repayment is due sixfy.(60)months after contract.executon. Interest accrues for the sixty(60) months after contract execution. The accrued-interest onl,—I'l be charged for this payment if a warrant is issued prior to this date. Interest and principal payments are due on the declared PAYMENT MONTH date of each year during the remaining term of the loan. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. 6 The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor. 1.19 Reports The Contractor shall furnish the Board with: li 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, n D. Certified Project_Completion Report at�prc�ect°completion`(as described miSection 1.13); E. Pictures of various stages of the project andr, l F.Other reports as the Board may require + l h t 1.20 Termination for Cause fi w '- - y �� }. t f, n \ ' x - ✓ YJ If the..Contractorfails to comply�with',he terms of this Contract or,fails to use therloan,proceedsronlyfor those activities identified in the SCOPE OF:WORK;the Board may terminate the Contract in,.whole or lh part at any time The par.- notify the Contractorn venting of itsdetermmafion to terminate athe reason.for such termrnation and the effective date of the termination: Nothing m tFis'section shall affectthe Contractor's obligation to repayJthe unpaid balance of theloan : # :.t 2{ i r S1r,Y„ .... .d,....✓ r hyo nn.: 'Z r'; `� �3Y z ; ` 4-'r ry 1 r, These terms supersede the#erms m"Section 2.40 Termination for Cause j 1 21 Termination for-Convenience; , { The Board may terminate this contract in the event that state funds are no longer available to the Board orj 1 are not appropnated;for'the purpose'of meeting the Board's oblig`ationsunder this confract. Termination will t be effective when 6-board;sends written notice of termination to the.Contractor. Nothing in this section} shall affect the,Cohtractor's obligation to repay the unpaid,balance of the ioan. i 4 These`terms supersede the`terms in Section 2 41 Termination for Convenience. 1.22 Time of,Performance' No later than sixty(60) months after the,date of contract execution the Contractor^must reach project completion _ Failure to meet Time of Performance shall constitute default of.this contract. In the event of extenuating circumstances the-Contractor rhay..request, m writing, that the Board extend the deadline for project completion. The Boardl may extehd the deadline The term of this contract shall befor-the.entire term of the loan,regardless of actual project completion, unless terminated sooner'a))rovided Herein _ „ 1.23 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. 7 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. 1.24 _Special Conditions If SPECIAL CONDITIONS are listed ontheContract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of-this contract. 1.25 Loan Security mak, N '.,`.•, Loan Security pa'y'ments ghall be made as tated''on the:'attache`d Declafrations,Page and identified therein as LOAN SECURITY: t ; 4 i �- p F r 8 Part 2. GENERAL TERMS AND CONDITIONS 2A DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the-Rublirks Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. "COMMERCE"shall mean.he Departmenfof Commerce, ,� C. "Contractor' shall mean the entity identifietl on the face sheet performing service(s) under this ent Contract and shall m�clude all employees and ags ofihe Contractor:,. D. BOARD shall mean the `Washington State Public lworksZoardncreated in Revised Code of Washington(RCW)'43 155030, and whicli is a Party totheContract F o E. Personal Information shall mean,inforrriation identifiabe to any 1personincludirtg, but not limited to',' nformation4that relates to a persons name,health fiinances`education -151tsiness use or receipt sof governmental seryices,or other }activities maddresses; telephone numbers, social security ' numbers }duvet lacer se\numbers other identifying numbers, and,any financial'iidentifie�s> F. 'Stateshall mean tfe�state of Washington �� K ' - � G. "Subcontractor shall mean one no't..in the eni'ploymdht of the Contractor, who is performing all or part of"those servicesunder"this=Contract under a separate contract with the Contfadto`r. Tfie terms qY"subcontractor and subcontractors" mean subcontractor(s);m any tier. 4f ' ' ` ,i ,u 2.2 Allowable:Costs . " >, Costslallovyablei under this Contract are actual expenditures accord ng:to an approv_4ibudget upEto the maximum amount stated on the Contract Award or Amendment FacetSheet tiff } F E u.HEREIN 2 3F ALL WRITINGS CONTAINED r j This Contract contain"s all the terms`and conditions agreed upon`by the parties`No other understandings, oraP.or otherwise regarding the subject mafter-of this Contract shall be deemed to exist or,t,'tjind any of the parties hereto' 2.4 AMENDMENTS '. _ l ;� t This Contract may"be amended by mutual agreement of the parties Such amendments shallnotbe binding unless they' in writing and signed Wpersonnel:authorizedto bind each of the parties-"' 2.5 AMERICANSVITH DISABILITIES ACT`(ADA):OF_1990'•PUBLICtAW 101 336 also referred to as the"ADA" 28 CFR Part-35 " f The Contractor musf comply with'.the ADA, which provides comprehensive civil•rights protection to individuals with disabilities 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. 9 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 requitements of ap`plicab;le local, state, and federal building[mechanical;'.plumbing fire, energy and:barrier=free codes Compliance with the Americans with Disabilities Act of 1990 286 F.R:Part 35 will be required ;as specifed by the local building Department—, 2.10 CON FIDENTIALITY/SAFEGUARDING':OF INFORMATION f r A Confidential Information as used in this section includes l 1 AIF mate' rial'pr'6 Aded to the Contractor by the Board th'a'tis designated as'confident by the Board; 2 All material produced by the Contractor that is designated as confidential! by the'Board,sand ;s �s , l .. 1 s � 1 r 3 All personal information in the th possession of the Contractor at;may not bejdisclosed under,state or, ''federal,law "Personal:information" includes but is not limited to information related td.%a person's' name health f.inance5'Ieducation, business, use of governmentiservicds,addresses`,tele 1166' ; Y I ,. 3 3 l numbers 'social secutity number, driver's license number and other identifying numbers, arid j '-Protected Health Informationunderthe federal Health Insurance.Portability and Accountability', of 196 :9 (HIPAAj.; Y j 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.s..all use Cori`fdential lnformation_solelytfor the purposes of this Contract and shall not_use share,transfer sell or disclose any Confidential Information to any third partyexcept-with tFie prior written,-consent of the-Board oras may be requiredby law The Contractor shaFlrtake,,all necessary steps to assure that Confidential`Information is1safeguarded to' prth event unauorized use, sharing ;tr'ansfer:sa`i'E` d'isclosure�of Confidential Information or violation of any state or federal laws'�elated thereto ;Upon request,the Gontracfor shalt provide the,Board with its policies;and proced1.ures on'confidentialty,;, The Board'may''"require changes tosuch policies and proceduees 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 rhmediately return to the Board any Confidential Information that t'e;Board reasonably.determmes- as not been adequately protected by the Contractor against,unauthorized disclosure:, C. Unauthorized Usd' r Disclosure:The Contractor shall notify.the'Board within five (5)working days of any unauthorized use or disclosure of a ny.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. 10 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 contractinguwifh current&-formerlstate 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 byethe:state&,`W_ shington thatworked on the PUBLIC WORKS BOARD including but not limited to formulating or dfafhng�the legislation,participating in loan procurement planning and execution, awarding loans,do'r_honitonng loans, during the.24 month period preceding the start date of this Loan. Identify�the individual by narne, the=agency previously or,currentlyTemployed by,'job title or position held, and. eparation date If it is determined b'`,BOARD'that a�confliet of interest exists,the CONTRACTOR maybe disqualified from further consideration fl!or the_:,award of'a Loan, In the event this contract is terminated as provided above, BOAjZD shall Abe entitl ho pursue the same rem edies"against the CONTRACTOR as't could pursue in the.event ofa'breacf of the contact by the CONTRACTOR The rights and remedies of BOARD providetl f&'in this clause shall not be exclusive and are i;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 maybe reviewedas provided in theDisputes' clause:of this contract W _ fj 2.13 COPYRIGHT PROVISIONS 4_N kx i i :Unless otherwise provided, all Materials produced under this Contract�shallbe considei-d3d ",works for hire° as defined 6y,the U S Copyright Aet and shall be owned by the Board' The i3oartl,shall be�coA4idared th' autho,of such Materials'° In the event the Materials are not considered `works for hire" under the U S', I Copyright laws the Contractor hereby irrevocably assigns all right, title antl intoeest inall Materials ? mclutling all intellectual property rights, moral rights, and rights oUpublicityyto the Board'effective from�the -" momen � t of creationof such Materials it $ °Materials means all,,items in any fommat and includes but-is not,limited to data; reports tlo' uFnents? pamphlets, advertisements, books magazines, surveys, stutlies,computer programs;films tapes andlo'r sound reproductions . "Ownership,,iricludes the right to copyright,rypatentj register and the ability to;transfer these,rights i'` y �f For Materials that bre.delivered under the,"Contract-but that 1mcorporatepre existing materials not produced under the Contract the 'Contractor hereby grants to the`Board a nonexclusive royahyA4 irrevocable license (with rights,.to sublicense to others)in such.Materials to translate reproduce, distribute, prepare 'Works,, publicly perform, and publicly display The Contractor warrants'and represents that the Contractor ha,.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'Yexert all reasonable effort to advise the Board,at'the time,of"delivery of Materials ,. ,, furnished under this Contract, of all known or potential rivasions of privacy contained therein and of any portion of such document wfich-was not produced in the performance:;of"this Contract. The Contractor shall provide the Board with prompt written notice of.each notice orclaim of infringement received by the Contractor with respect to any Materials delivered'under'this Contract:-Tfie 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. 11 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;;;µ__::__-.-- • state the Contractor's name address, and Contract'nurnber-;�and • be mailed to the,Chair-anditlie-other party's(respondent's) Representative within three(3) working days after.the parties agree tlat they cannot resolve'the dispute. The respondent shall send a wntte i',answerto the,req"uestor s statement to both the Chair or the Chair's designee and,the requester Withintfve (5)4working; ays. f The Chair of designee shall'review the written statemerits and reply in iivriting:to both partes,within ten (10) working days. The Chair or.,designee may extend this;p`eno if necessary by notifying theparties. The decision shall not be admissible\in any succeeding judicial-or,quasi udi al proceeding �. The rparties agree that this;dispute,process-shall precede"any action in a judicial or'quasi judicial tribunal. Nothing in this Contract shall be construed.to hmitahe parties'choice of a mutually acceptablb3alternate,'� dispute resolution{ADR)method in.addition to the dispute heanrig procedure}outlined above _ J 1 2.16 DUPLICATE PAYMENT J777 The Contractor certifies that work'to be performed under this contracfdoes not duplicate any work,to be I charged against any,'other contract;subcontract, or other source. 1., of e 2.17 GOVERNING LAW AND VENUEa •:+ t ;• 7 i This ContracYshalllbe 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 SupenortCourffor Thurston County. 'w 2.18 "INDEMNIFICATION . �.'� r. .fit 1 ' •'. 'J ..: l .i To the fullest extent permitted by law, the.Contractor shall:indemnify defend, andold hharmless the ystate of Washington, BOARD, agencies-.-of the state,and all officials, agents and:employees of"tfie state,for,from and against,all claims for,injurnes or death arising out of or'resulting from the performance of'the contract. "Claim" as used in this`contract,ymeans 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 th6'refrom..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; 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.�:_-i";-y;.. . 2.20 INDUSTRIAL INSURANCE COVERAGE. The Contractor shall comply with all,applicable provisions of Title 51 RCW Industrial Insurance. If the Contractor fails to prgyide industrial insurance coverage or fain-to pay premiums,or penalties on behalf of its employees as may be regwred bye law,,the Board may collectjrom;tris Contractor the full amount payable to the Industrial insurance<Accitlent Fund �The;Board may deduct the' amount owed by the Contractor to'the accident fund from�the amount payable{to theContractor by'the-Board Iunder this Contract, and transmit the deduefed amount to the,Department�O;Labor ajnd Industries (.L,&I)'Division,of Insurance ot�waive any of L&I s ng'hts to collect from the' Services >This provision does nContractor , 2.21 LAWS er The Contractor shall.comply with al1,2applicable laws ordinances, codes; regulations and polici ,Iocal -j and state and federal governments, as-now or hereafter amended i{2.22t LICENSING,ACCREDITATION AND REGISTRATION 1 ' The Contractor shall comply with allgapplicable local, state, and federal,licensing accreditation and registration requirements or, tandatds necessary for the performance;of this`Contr tt v `` G 2.23 LIMITATION-OF AUTHORITY `; Only the:Auth_onzed'Representative orAuthorized Representatives des'ig`nee by writing (designrA ation tto be? :+ mde aprior to'action)ahall have the:express, implied or apparent authority to alter,-arriend, motlify,;or waive any clause or condition of this Contract - f 2.24 Local Public Transuortation,Coordination- .� -_ - bN Where applicable fGont�actor shall participate ipliocal'public transportation forums and jitiplement strategies designed to ensure,access-to services + it 2.25 NONCOMPLIANCE WITH NONOISCRIMINATIOWLAWS, ,, During the performance of this Contract,_ihb Contractorsh'all comply with all federal, state, and local nondiscrimination laws; regulations`arid..policies 1n-the-.event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulationor 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 _n Board. The Contractor shall, however, be`given-a'reasonabl6 time in which to cure this noncompliance. Any dispute may be resolved in accordance with.t,he•"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: 13 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-relatedfacto'or factors;°or a-bona fide regional difference in compensation levels. 2. A bona fidejob-related facto r_.or;factors`-roay:inclua_ but.not;be limited to, education, training, or experience that is: Consistent with business_�neces_sity;-not'based__,on or derived from a gender-based differential; and accounts forthe'entire differential. ` 3. A bona fide regional difference fn compensatioMevel must be'Consistent;with business necessity; not based on/6r derived from ,gender based differenti6l,=4and'account for the`entire differential. This Contract may beifermrnated by the BOARD if tleIBOARD o the-Department of.Enterprise Services determines that the Contractor;is not'in compliance with'tf?is provision 2.27 POLITICAL ACTIVITIESf Political activity of Contractor employees and officers are limited;by the State Campaign Finances ands, Lobbying provisions of Chapter 42.17 RCW and tli'e Federal Hatch 5 Act USC,150_,1"-15 ? No funds maybe used for working for or against ballot measures'or for or against the candidacy of any ` person forpublic-office f - i 2.28 PREVAILING WAGE LAW l y ( r `The Contractor certifies that all contractors and subcontractors perf �orming work on the'Project shall comply i with state Rrevailing Wages on Public Works, Chapter 39.12 RCW asiapplicable to the.Project fundedt by`-i 'this contract';,including but not limifed 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 C6nttact6r shall maintain records sufficient to evidence compliance wltfi'Chapter 39 1,2 RCW, and shall make suchrecords available for the Board'S:- review upon :review,uponrequest. - ;r' 2.29 'PROHIBITION.AGAINST PAYMENT OF BONUS OR COMMISSION ilt. The funds provided;undee this Contract shall not be used in payment of any bonus or,,commission forthe purpose.;of obtaining"approval of the application for:Jsuch.funds or any other approval or concurrence under this Contract provided, however; that reasonable fees.or bo-na''fide technical consultant;"managerial, or other such services, other'than actual solicitation, are not'heret prohibited if.othe.rvvise eligible as project costs. 2.30 PUBLICITY The Contractor agrees not to publish or 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. 14 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,rincluding 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 ds`have' retained until all litigation, claims, or.ad the°recorf ben finally resolved. 2.33 REGISTRATION WITH DEPARTMENT OF REVENUE f If requiredyb'y law,the C6ntract6r1shall complete registration with' the W.ash`ington State Department of Revenue' °, r' f` 2.34 RIGHT OF INSPECTION t At rio additional cost all records relating to the.Contractor's perfor'm,ance u der this Contract shall be subject ..,j atjall reasonable times to inspection, review;and audit by the Board the Office,-of theyState Auditor Viand-`; federal`and state officials so-authonzerd"by law, in order to monitor antl evaluate performance, compliance`; and quality assurance under this Contract. The Contractor shall provideaccess to!its facilities for-A is� I r purpose - j j1q, l aaa r � 1 1 In theevent'funding from state fedetal, 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 Linder-the"Tgrmiri6ti6n for_Convenience"_clause,without the ten'L?usiness day notice requirement 16,Iieu,I f term ination,`the-Contractmay beam'ended'to-reflect the new funding,limitations,and condifions ' i -) { 2.36SEVERABILITY = F l tit .rte:/ i r .--------_... If any;'provision of this Contract or any provision of,any:documenttinc&porated 6y reference`shall'be held invalid ;such invalidtty.shall not affect the�other provisions ofthis Contract that can be'given effect without the invalid,prowsion;'if such•remainder conforms to,,the..requirement`s of.law and"the fundamental purpose of this Contract and to this end the_;provisions bf;this Contra6tare;declared to be,severable ; , 2.37 SUBCONTRACTING The Contractor may only subcontract-work contemplated under this'Contract1f.ifobtains 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 15 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 confainetl'in tNis`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 ofypayroll taxes;unerriploymen1-1t contributions, the`Contractor's income or . gross receipts, any�othertaxes, ins'urance•ror expenses for the Contractor or its�staff shall be the sole responsibility&the Contractor j * 2.40 TERMINATION'FOR:CAUSE> F ' -�"` -. � ,". � �rpt '.A •4'+.1 s In the'event BOARDrdetermines`the Contractor has failed to comply with the conditio sof this contract .in a timely manner.,BOARD hasthe`riglit to s spend or term inate this contract;.Before,-suspending or 1 terminating the contract BOA b all notifythe Contractor in writing of the need,,to take�corrective_action. If corrective acfion is"not taken within 30 calendar days, the contract may belie`rminated or suspended r9 _ ; r ,� t n'the event of termination or suspension, the Contractor shall be liable#or dama1. ges as authorized by lavv 'IBOAR?D reserves the right to suspend all or part of the contract, with'h`old further payments, r prohibit�the;} i Contractor from incurring a dditional,obligations of funds during investidatibhbf alleged,Compliances '' breach a id:pending�corrrective action by the Contractor or a decision ti'y BOARD to terminate the contract `A termination shall-be deemed a Termination for Convenience" if it is'determined that thefContractor(1) 111111 was not m default; or(2j'failure to'perform was outside of his or her confroI,;fault or negligence ! f i 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 16w. 2.41 TERMINATION.FOR CONVENIENCE; - J Except as otherwise'prorvided inl�this Contract thEi:Board.may,:byten(10)business days written notice, beginning;on the second.day:after the mailing,,46rminate this-Contract,-in whole,.or.in partIf this Contract is so terminated, the-Board shall be liable'only'for payment required under theaerms`of this Contract.for services rendered or goods!delivered prior to the effective date'ofitermination `, 2.42 TERMINAT61NI 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,,.y law o-r 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; 16 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; �, F4 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 wh',h if the contract had been completed, would have been required to be furnished_to the F. Complete performance df such part of'the work as shall not have been terminated by the Authorized Representative sand G. Take such action as �ay be"necessary, of as'the Aut onzed Representative may direct, for the protection and preservation of the property relatedto this contract whichis.in the possession of the Contractor and n"Mich the BOARD'has or may acquire an interest,> � 2.43 TREATMENT&`-ASSETS �` x E� Title to�all,property fu'rrnshed,by BOARD shall remain in BOARD Title to�all property f`urnish�ed by the , orhe costofhihthe" ontrco ed as a ditect item ofcost under thisContractow .Jcontract,shall pass to and vest m the Contractor: ,z t y + Y* 2.44 WAIVER i Maive}r of any,default or breach shall not be deemed to be a waiver of{any suabsequent default or breach , ;Qny waiver shall noYbe'construedbto be a modification of the terms of thisContract unless stated to beisuc n wnt ng and signed by Authonzed;Representative of the Board. w y� ¢ ,3 1 rr 17 rrti P �„3 3 s ,to Its, V901"IN 07 9 X 3 } t 4 { E 1SAO ) 1 W, Qj 1leiy YvM On ti g Uzi ,z joy s T �f k t 18 ATTACHMENT I: ATTORNEY'S CERTIFICATION PUBLIC WORKS BOARD CONSTRUCTION LOAN PROGRAM Mason County PC20-96103-057 hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the Mason County (the Contractor); and I have also examined any and all documents and records which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The Contractor is empowered to accept the Public Works Board financial assistance and to provide for repayment of the loan as set forth in the Contract. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the Contractor from repaying the loan extended by the Public Works Board with respect to such project. The Contractor is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the Contract. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the Contractor. Signature of Attorney Date Name Address 19 FCS GROUP I Technical Memorandum Solutions-Oriented Consulting Date: February 5, 2020 To: Loretta Swanson, Mason County Public Works Director From: Gordon Wilson, FCS GROUP Subject: Update to Belfair Sewer System nancial Analysis INTRODUCTION This memo is to update the financial analysis provided to Mason County in July 2019 regarding the Belfair Sewer System. Since July 2019, several variables have changed. • The County learned that the Washington State Department of Transportation is planning a limited-access highway for the Belfair Freight Mobility Corridor("Belfair Bypass"), and it turns out that there would be very few economies of scale in constructing a sewer transmission line as part of the highway project. • As a result of preliminary design work undertaken by Kennedy Jenks, the sewer extension now envisioned by the County has changed. The City of Bremerton is still a partner, and the planned sewer extension would still provide a connection to the Puget Sound Industrial Center(PSIC) and capacity for PSIC flows,but the City may take some number of years to make the investments in water, sewer, and roads that are needed in the south part of PSIC. In the meantime, the County's extension would be more focused on providing sewer service to the Northeast part of the Belfair Urban Growth Area(UGA) near State Route 3. This area, sometimes referred to as the "Newkirk Road connection," is the area originally designated as Phase 3 in the initial Belfair sewer planning. • Capital cost estimates have been updated, and there is more clarity now about the funding package offered by the State. At this time the County needs to decide whether to accept the loan offered by the State and commit to this project. The purpose of this memo is to help County officials with this decision. We will present the implications of moving forward, including the needed growth in Equivalent Residential Units (ERUs) and the impact of additional debt on Belfair sewer system finances. Analytical Approach As with our July 2019 memo, this update does not follow the logic of a typical financial plan. The Belfair system is financially out of balance at present, and it is being subsidized by other County resources. Growth in the number of customers is an important way to improve the financial sustainability of the sewer utility. However, growth is not directly controllable by the County. In a typical financial plan, the amount of growth is taken as a given assumption, and the outcome of the analysis is.the level of rates needed to bring the utility into balance financially. In this case, the analytical flow is the reverse. We start with an assumed "maximum tolerable" level of rates and then ask what amount of growth would be needed to bring the system into financial balance over a given time period. By looking at the Belfair system in this way, we hope to help the County Board of Commissioners decide which choices offer the most realistic chance of achieving long-term independence for the Belfair sewer utility. Firm Headquarters Locations page 1 Redmond Town Center Washington 1425.867.1802 7525166t,Ave NE,Ste D-215 Oregon 1503.841.6543 Redmond,Washington 98052 Colorado 1719.284.9168 February 2020 FCS GROUP Technical Memorandum Mason County Update to Belfair Sewer System Financial,Analysis REVISED SEWER EXTENSION ROUTE. Exhibit 1 shows the revised sewer extension plan under consideration. Exhibit 1: Map of Proposed Sewer Extension to NE Belfair Urban Growth Area , UGA .t * $ 2 t_ir'sretton. kf+ jr Phase i t° Phase 2 Project Area a, c �ti i p Project Arerra ' �> r w � PjojectArea SR3Bypass Alignment; Q ' _ F � t'9 OT r r �9 k." i �• Legend '< ti { Propoeea Pamp=on 3rr Belialr WRi= t << x, aioposAC ewer Fora tUtap� tss) u PropoKtlG:avttyssiver., ,�. Sartler F.* Tc �' +�� Fr' i_SJGABorder ^ 4 t wa 1=3=l:me==XLH. 7-7 =.Er_raCeft tour 7Tf=mw raC The project is now broken into three phases. The current funding plan is for Phase 1 only. While it includes a connection to PSIC, Phase 1 is primarily in the Northeast Belfair UGA, near SR 3 and Log Yard Road. It includes crossings of SR 3, the railroad, and the Bypass alignment. Rather than run along the Bypass alignment,it discharges its flows into the existing Belfair collection system. Phases 2 and 3 would depend on the pace of development in PSIC. Phase 2 would be the Freight Corridor Lift Station, and Phase 3 would be a transmission line directly from PSIC to the Belfair Wastewater Reclamation Facility(WRF) along the Bypass alignment. **.' PCS ROUP Page 2 February 2020 FCS GROUP Technical Memorandum Mason County Update to Belfair Sewer System Financial Analysis CURRENT BELFAIR SYSTEM FINANCES Exhibit 2 shows the degree of financial imbalance in the current Belfair sewer utility,updated to 2020 costs. Current rates are still $96/month/ERU, and there are 416 Equivalent Residential Units (ERUs). The system generates about $479,000 in revenue, O&M costs are about$684,000/year in 2020—growing by about$20,000 each year—and debt service is about $982,000 per year. The result is that the utility is heavily subsidized by other County resources. Exhibit 2: Current Financial Status of Belfair Sewer System Current Financial Status January Needed to Balance Needed to Balance 2020 Tota I CostsO&M Costs Or Or H!glq[__Rates More ERUs ::Higher Rates More ERUs No. ERUs 416 416 " _ 1,;447 416 i ®? 594 Monthly Rate per ERU $ 96.00 a$` 333 85_ $ 96.00 .$ 137.09; $ 96.00 Annual Revenue per ERU $ 1,152 $ 4,006, $ 1,152 $ 1,645 $ 1,152 Total Annual Revenue $ 479,232 $ 1,666,571 $ 1,666,571 $ 684,371 $ 684,371 O&M Costs $ 684,371 $ 684,371 $ 684,371 $ 684,371 $ 684,371 Existing Debt Service 982,200 982,200 982,200 Total Costs Assuming No New Capital $ 1,666,571 $ 1,666,571 $ 1,666,571 $ 684,371 $ 684,371 2020 Gap Before New Capital $ (1,187,339) 2020 Gap O&M Costs Only $ (205,139) If Balanced without Growth: % Rate Increase Needed 248% 43% Additional Monthly Charge/ERU $ 237.85 $ 41.09 If Balanced without Rate Increases: % Growth Needed 248% 43% No. New ERUs Needed 1,031 1 178 These figures are shown to convey the scale of the problem, not predict reality. They assume no newca ital needs. In order to balance costs and revenues, the system needs either higher rates or more ERUs or some combination of the two. Exhibit 2 shows the extremes for those two variables. To balance revenue against total costs including debt service, there would need to be either 1,447 ERUs or monthly rates of$334—a 248% increase in either rates or ERUs. Just to cover O&M costs without debt service, there would need to be either 594 ERUs or monthly rates of$137, an increase of 43%. Of course, we are not proposing that the County adopt rates of$334 per month. But this comparison gives us an updated picture of how deep the financial hole is for the Belfair sewer system. Maximum Tolerable Rate Our assumed maximum tolerable rate is $108.14 per month in 2020. This is about 2.2% of the County's median household income. It is equivalent to $96—which was determined by the County Commissioners to be the maximum tolerable rate in 2012—plus eight years of inflation at 1.5%per year. An way to think of it is that it represents four years of inflation at 3.0% since the end of 2016, which was the last year of the County's five-year commitment to $96 rates. For a frame of reference: the North Bay/Case Inlet utility is a nearby,unsubsidized sewer utility owned and operated by the County that—like the Belfair system—is also relatively new. Its 2020 monthly sewer rate is $113.52, in the same ballpark. Our projections also assume future rate increases of 3%per year. �� FCS GROUP Page 3 February 2020 FCS GROUP Technical Memorandum Mason County Update to Belfair Sewer System Financial Analysis UPDATED PROJECT COSTS AND FUNDING Capital Costs Exhibit 3 shows the updated capital costs for the proposed sewer extension. The costs include inflation, assuming that construction begins in mid-2021 and is complete by April 2022. Our forecast assumes that new ERUs resulting from the extension would begin by 2023. Exhibit 3: Capital Cost of Sewer Extension to NE Belfair UGA Sewer Extension toCost Freight Corridor Force Main $ 319,519 Freight CorridorGravityMain $ 776,212 UGA Lift Station $ 1,831,896 UGA Lift Station Force Main $ 1,235,484 UGA Lift Station GrakrityMain $ 3,940,343 Grant-funded Planning Costs $ 300,000 Total Capital Costs $ 8,403,455 Costs include inflation The updated cost is considerably less than what was projected last July. That forecast was for a total of$13.5 million, including $2.5 million for a reclaimed water line. The current Phase 1 proposal does not include a reclaimed water line, and the revised route for the new sewer lines takes advantage of the existing collection system,which reduces the estimated costs. Potential Project Funding Exhibit 4 shows the potential project funding for this project. Two State grants have provided a total of$2.5 million. This forecast also assumes a $1 million cost share from the City of Bremerton. The assumed cost share consists of part of the Phase 1 project(about $320,000 for the Freight Corridor Force Main) that is mostly inside PSIC,plus a conservative guess about the City's willingness to fund the oversizing of other facilities to accommodate PSIC flows. The City of Bremerton had earlier committed$1 million toward design costs, but the City and County have not yet determined a cost share for this revised plan. The revised plan does identify future capital investment (Phases 2 and 3) that is primarily to benefit PSIC. The City would presumably fund these phases later, as PSIC develops. Exhibit 4: Sewer Extension to NE Belfair UGA—Capital Funding Sources ExtensionSewer • Total Legislative Appropriation 2017 $ 500,000 Legislative Appropriation 2019 $ 2,000,000 Assumed City of Bremerton Cost Share $ 1,000,000 Total Grants or Cost Sharing $ 3,500,000 Initial Debt-State Loan $ 4,903,455 5%Loan Forgiveness After Project Completion $ 245,173 Debt Principal After Loan Forgiveness $ 4,658,282 �� FCS GROUP Page 4 February 2020 FCS GROUP Technical Memorandum Mason County Update to Belfair Sewer System Financial Analysis The State loan offer is for up to $8 million. With the updated cost estimates and the assumed$1 million from the City of Bremerton, the County would not need all of the $8 million; only about$4.9 million would be the initial loan amount. After project completion, the County can receive forgiveness of 5% of the amount borrowed. After loan forgiveness, the County's debt principal for this project would be about $4.65 million. With a 20-year term and 0.79% interest rate, the County would be responsible for $252,716 in new debt service as a result of this loan. That is in addition to $982,200 in existing debt service for the construction of the Belfair WRF and the initial collection system. PAYING FOR THE SEWER EXTENSION TO NE BELFAIR UGA There are three ways to pay for the additional debt service: higher rates,more ERUs, or an increased County subsidy. Two of those ways are under the County's control; one is not. Increasing the County subsidy is the last resort—the backup option. To whatever degree ERU growth is delayed or rates are not raised, the County subsidy would have to make up the difference. Raising Rates Exhibit 5 shows that by bringing the monthly rates up to the$108.14 level in 2020 and then increasing it by 3%per year thereafter, the County would generate enough additional revenue to cover 44% of the new debt service, even with no growth at all. Raising rates is difficult, of course, but it is an important part of making the pieces fit financially. Exhibit 5: Impact of Raising Rates (Without Growth) Impact of Raiding,Rates(without Growth) 2019 2020 2021 2022 2023 Assumed monthly rate per ERU $ 96.00 $ 108.14 $ 111.37 $ 114.72 $ 118.17 Percentage increase in monthly rate 12.6% 3.0% 3.0% 3.0% Avg% increase in monthly rate since 2016(1) 3.0% Revenue from rate increases (without growth) $ 60,619 $ 16,131 $ 16,683 $ 17,257 Cumulative revenue from rate increases $ 76,751 $ 93,434 $ 110,691 New debt service 252,716 Cumulative revenue from rate increases as % of new debt seance 44% (1)Note: The County's 5-year commitment to$96 rates ended after 2016. How Much Growth Is Needed to Pay for the New Debt? Assuming rates are raised, how much growth would be needed to pay for the new debt? Exhibit 6 shows the breakeven point—the number of new ERUs that would generate revenue. equivalent to the new debt service beginning in 2023. With the assumed rate increases, annual revenue per ERU in 2023 would be$1,418. At that level of revenue per ERU, it would take 178 ERUs to pay for$252,716 in debt service. This breakeven point declines over time as the annual revenue per ERU increases. Exhibit 6: ERU Growth Needed to Cover Cost of New Debt Service in 2023 Breakeven Analysis-New Debt Service New Debt Service per Year, Beginning 2023 $ 252,716 2023 Revenue per Year per ERU $ 1,418 Growth Needed to Recover Cost of New Debt Svc 178 ERUs Assumes $108.14 monthly rate in 2020, escalation by 3%/year. ��> FCS GROUP Page 5 February 2020 FCS GROUP Technical Memorandum Mason County Update to Belfair Sewer System Financial Analysis How Much Growth Is Needed to Balance the Forecast? Simply paying for the incremental cost of the new debt is not the real goal. The real goal is a financially independent sewer utility in Belfair. How much growth would be needed to balance the forecast? Exhibit 7 addresses that question. A detailed picture of this forecast is in Appendix A. Exhibit 7: Summary of ERU Growth Needed to Cover O&M and New Debt Service by 2034 Summary of ERU Growth Scenarios Belfair Sewer System Basic assumptions: CFCs used for future capital costs. Sewer rates: $108.14/ERU/month in 2020, growing by 3%/year. Sewer lines to NE Belfair UGA completed in 2022, new ERUs beginning 2023. Average 1 ERU per year in new development within existing Belfair service area. Debt service on existing debt declines after 2029, fully paid off by 2034. Assumed Funding: $2.5 million grant, $1 million Bremerton cost share Total Project Cost $ 8,403,455 including inflation Assumed New Debt $ 4,658,282 New Annual Debt Svc $ 252,716 ERUs/Year Needed if Level Growth: Long-term Goal: To Cover O&M and New Debt Svc by 2034 12020-2022 2023-2029 2030-2034 From Existing Belfair Svc Area 1 1 1 From NE Belfair UGA or PSIC � 27 27 Total New ERUs/Year 1 28 28 Avg Annual Subsidy Required ' $1,129,831 $1,267,735 $345,449 Current ERUs: 416 ERUs Total ERUs by end of Planning Period 766 ERUs This forecast shows that an average of 28 ERUs per year of new development would be needed starting in 2023 in order to cover all O&M costs and new debt service costs by 2034. Rate revenue does not ever cover the original debt service on the WRF and the initial collection system, because that debt will be retired by 2034. Currently the system has 416 ERUs. If it were to achieve 766 ERUs by 2034, the system would be financially balanced—partly because of the growth in revenue and partly because of the payoff of the original debt. In other words, at an average pace of 28 new ERUs per year—which would be a development surge it would take 12 years after the completion of the Phase I sewer extension to bring the Belfair utility into financial balance. The County subsidy is projected to be substantial while the Belfair system is scaling up. During the 2020-2022 period, before the project is complete and new debt service begins,we project the subsidy at about $1.1 million per year. This is after the assumed rate increases. The subsidy consists of about $982,000 of existing debt service and an average $147,000 operating subsidy. After the new debt service payments begin in 2023, the subsidy would rise to $1.3 6 million, after which it would gradually subside if growth occurs as assumed here. In that case, the average subsidy during the 7- year period from 2023-2029 would be about$1.27 million. The original debt service for the construction of the WRF and initial collection system will begin to decline in 2030, until it drops off completely in 2034. As a result, the average County subsidy from 2030-2034 would be about $345,000, and it would be zero by 2034. **:) FCS GROUP Page 6 February 2020 FCS GROUP Technical Memorandum Mason County Update to Belfair Sewer System Financial Analysis Capital Facilities Charge Assumptions This forecast assumes that Capital Facilities Charge (CFC) revenue is set aside for future capital costs rather than being used for debt service. This sewer extension is not the last one needed by the Belfair system—the Old Belfair Highway area, Romance Hill, and possibly the Beard's Cove/Lynch Cove area will need sewers sooner or later. It will be important to have a source of funding for future capital projects. In addition, CFC revenue is an unstable revenue source to rely on for debt service. The CFC for new development is assumed to be$11,300. For septic conversions, this forecast assumes a CFC of$3,000 per ERU, consistent with the conversion CFC used by the County in 2012. This lower CFC is an incentive for timely connection, and it also recognizes that a septic system that is decommissioned before the end of its useful life represents a lost investment to the property owner. The County staff estimates that there are about 10 ERUs of existing commercial development within range of the Phase 1 sewer extension. Our forecast assumes that those properties connect within three years of sewer availability, paying the$3,000 CFC per ERU. These septic conversions are in addition to the assumed 28 ERUs of new development per year. SUMMARY OBSERVATIONS • The forecast presented here is similar to the Scenario 3 presented in July 2019. In the July 2019 analysis, Scenario 3 was intended as the "in between" scenario that might be reasonably close to reality. This revised plan is more favorable than that. The total debt (after 5% loan forgiveness) is now $4.65 million instead of$5.8 million, and instead of annual debt service of$315,000 per year last July, the County is now looking at annual debt service of about$252,000 per year. The reason for the improved forecast is the fact that the capital cost of the revised plan is so much less--$8.4 million instead of about $10.8 million last July. Even though the Scenario 3 forecast last July assumed$4 million in State grants and the current reality is $2.5 million, the fact that the current project is so much less costly helps make the forecast more favorable. • Financially, the Belfair system is still in a deep hole, and it will take years of sustained growth to achieve financial balance. Unfortunately, the only way to put the utility in a position to achieve sustained growth is by extending more sewer lines, which means borrowing more money, which means digging the hole deeper at first. That's the basic dilemma County leaders face. Accepting a $4.9 million State loan has the effect of"increasing the bet"—the bet that eventually enough development will occur to generate economies of scale for the Belfair WRF and collection system. By extending the sewer lines as proposed into the NE Belfair UGA and PSIC, the County cannot guarantee development on a particular schedule, but it can ensure that the land is developable. • If the County does not carry out any further extensions of the Belfair sewer system and little or no growth is expected, a sewer rate increase of about 43% (to about $137 per month) would balance system revenues against O&M expenses. This is one approach the County could take. • However, without making further investment, the Belfair system will not achieve its purpose, which is to serve the entire UGA and protect the environmental quality of the lower Hood Canal. Declining to extend the system would also leave existing Belfair customers paying very high rates for the O&M cost of a system that was originally designed for a much larger customer base. • Under any realistic growth scenario, the County should expect to have to subsidize the debt service for the initial treatment plant construction through the life of the debt. Relief for the •:;> FCS GROUP Page 7 February 2020 FCS GROUP Technical Memorandum Mason County Update to Belfair Sewer System Financial Analysis existing debt burden could conceivably come from the State legislature, but it won't be generated by Belfair sewer system revenues before that debt is scheduled to be paid off. • In the revised forecast, if development occurs at the pace of 28 new ERUs per year—which would be a development surge—it would take 12 years after completion of the Phase 1 extension for the Belfair sewer utility to achieve financial balance. That balance would be achieved by 2034 partly because of ERU growth and partly because of the retirement of the last of the debt used to build the WRF and the original sewer collection system. At that pace of development, it would take five years—through 2027 just to recover the incremental cost of the new debt service. • In our July 2019 memo, we documented that the Belfair treatment plant has plenty of capacity. In addition, our analysis in that memo showed that the NE Belfair UGA(the Newkirk Road area) has more than enough land that is vacant and potentially developable to support the ERUs needed to balance the forecast. That is even before considering potential ERUs within PSIC. • Also in our July 2019 memo, we also described the risks inherent in the funding sources the County has been using to subsidize the Belfair system. The County has been relying on ".09 sales tax" increment and real estate excise taxes to fund the subsidy. The economic cyclicality of these funding sources is still a concern. • The revised route of the proposed extension appears to be an improvement on earlier plans.Not only is the revised plan less costly because it takes advantage of the existing collection system, but the new route opens up sewer service to more of the NE Belfair UGA, which has some existing commercial development, an existing highway, and an existing Belfair Water District water line extending along SR 3. The previous plan was focused more on PSIC only. The south end of PSIC does have 1,500 acres of undeveloped land with development potential, but the City of Bremerton would need to make significant investments in water, sewer, and road infrastructure to make it developable, and that may take several years. The NE Belfair-UGA is a more promising area for short-term development. • The prospect of development in the next few years is not entirely speculative. County officials have been coordinating with a major property owner, David Overton,with land in both NE Belfair UGA and in PSIC, who is interested in developing his land. Other property owners have also expressed development interest to County staff members. �� FCS ROUP Page 8 February 2020 FCS GROUP Technical Memorandum,Appendix A Mason County Update to Belfair Sewer System Financial Analysis 1 APPENDIX A: DETAILED ERU PROJECTIONS FOR SEWER EXTENSION FORECAST ��> FCS GROUP Page 9 February 2020 FCS GROUP Technical Memorandum,Appendix A Mason County Update to Belfair Sewer System Financial Analysis Financial Forecast: Extension to NE Belfair UGA and PSIC Belfair $8,403,455 Total Cost including Inflation Sewer Financial Plan Update $2,500,000 State Grants ERU Analysis $1 000,000,Bremerton Cost Share January 2020 Cost Updates $4,903,455 Total Debt-Stale loan $4,658,282_Debt after 5%Loan Forgiveness 20 'Years $ 3,000 Septic Conversion CFC 0.79% Interest $ 10,700 New Development CFC 2023 'First Payment Year $252,716 Annual Payment 125%Assumed%Variable O&M Expenses ,EXPENSE FORECAST 2019 2020 2021 20fir r26 '2027 2028 2029 '2030 26illr r . Fixed 0&M Expenses - 480,317 513,278 526,616 544,478 560,885 577,660 595,425 613,605 632,425 651,911 672,090 692,993 714,649 737,090 760,350 784,463 Variable O&M Expenses 160,106 171,093 177,052 182,801 202,713 223,687 244,822 266,087 288,462 312,001 336,763 362,611 390,210 419,028 449,339 481,220 O&M Expenses 640,422 684,371 705,668 727,279 763,598 801,547 840,247 879,693 920,887 963,911 1,008,853 1,055,804 1,104,859 1,156,118 1,209,689 1,265,683 Existing Debt - 983,700 982,200 984,912 981,662 983,262 984,562 979,812 984,519 983,318 961,496 964,171 743,926 364,691 187,324 9,956 - New Debt:Extension to NE Belfair UGA - - - - 252,716 252,716 252,716 252,716 252,716 252,716 252,716 252,716 252,716 252,716 252,716 252,716 TOTAL 1,624,122 1,666,571 1,690 580 1,708,941 1,999,576 2,038,825 2,072,776 2,116,927 2,156,921 2,178,123 2,225,740 2,052,446 1,722,266 1,596,158 1,472,362 1,518,399 2.6% 1.4% 1.1% 17.0% 2.0% 1.7% 2.1% 1.9% 1.0% 2.2% -7.8% -16.1% -7.3% -7.8% 3.1% TEMEWNETBASIS 2023r r r --265-1-irr YO731r r . Monthly ERU Rate(assumed max tolerable) $�.96_.00�$_.108_.14,$ 111.37 $ 114.72 $ 118.17 $ 121.75 $ 125.45 $ 129.28 $ 133.25 $ 137.35 $ 141.60 $ 146.01 $ 150.57 $ 155.30 $ 160.20 $ 165.28 O&M Escalation% 3.0% 3.0% 3.0% 3.0% 3.0% 3.1% 3.1% 3.1% 3.1% 3.1% 3.1% 3.1% 3.2% 3.2% Annual Revenue per ERU 1,152 1.298 1,336 1,377 1,418 1,461 1,505 1,551 1,599 1,648 1,699 1,752 1,807 1,864 1,922 1,983 Assumed Lon -term Goal:Cover O&M and New Debt Service by 2034 Septic Conversions-NE Belfair UGA 4- 4 2 New Development-NE Belfair UGA or PSIC 27 27 27 27 27 27 27 27 27 27 27 27 New Dew o ment-Existing Belfair Svc Area f 1 1 1 1 1 1 1 1 1 1 1 y 1 1 1 guWr;a 2019- -252"d 52 202 2023 2024 1025 2026 2027 2028 202i 2030 "20"31 "2032 2033" 2034 Total Septic Conversions - - - - 4 - 4 2 - - - - - - _ _ _ _ Total New Development 1 1 1 28 28 28 28 28 28 28 28 28 28 28 28 Total Additional ERUs - 1 1 1 32 32 30 28 28 28 28 28 28 28 28 28 CFC Revenue(reserved for future capital) 10,700 10,700 10,700 312,109 312,109 306,109 300,109 300,109 300,109 300,109 300,109 300,109 300,109 300,109 300,109 Cumulative CFC Revenue 10,700 21,400 32,100 344,209 656,318 962,427 1,262,536 1,562,645 1,862,753 2,162,862 2,462,971 2,763,080 3,063,189 3,363,298 3,663,407 r r 1 ' 1 1 • ,r ' ' r r r ' ERUs 416 417 ' 418 ' 419 451 483 513 541 569 597 625 653 681 709 738 r 766 %Gronfh 0.2% 0.2% 0.2% 7.6% 7.1% 6.2% 5.5% 5.2% 4.9% 4.7% 4.5% 4.3% 4.1% 4.0% 3.8% Cumulative ERU growth 1 2 3 35 67 97 125; 153, 181 209 237 265 293 322 350 Rate Revenues 479,232 541,149 558,656 576,796 639,623 705,802 772,491 839,589 910,187 984,460 1,062,593 1,144,782 1,231,234 1,322,166 1,417,807 1,518,399 less:Expenses 1,624,122 1,666,571 1,690,580 1,708,941 1,999,576 2,038,825 2,072,776 2,116,927 2,156,921 2,178,123 2.225,740 2,052,446 1,722,266 1,596,158 1,472,362 1,518,399 Su lust Deficit from Rate Revenue 1,144,890 1,125,422 1,131,925 1,132,146 1,359,953 1,333,023 1,300,285 1,277,338 1,246,734 1,193,663 1,163,147 (907,664) (491,032 273,992 54,555 01 Total ERUs needed to balance-new debt 0 ERUs 0 ERUs 0 ERUs 178 ERUs 173 ERUs 168 ERUs 163 ERUs' 158 ERGS! 153 ERUs 149 ERUs 144 ERUs 140 ERUs 136 ERUs 131 ERUs 127 ERUs Total ERUs needed to balance-O&M&new debt 527 ERUs 528 ERUs 528 ERUs 717 ERUs 722 ERUs 726 ERUs 730 ERUs 734 ERUs 738 ERUs 742 ERUs 747 ERUs 751 ERUs 756 ERUs 761 ERUs 766 ERUs Total ERUs needed to balance-all costs 1,284 ERUs 1,265 ERUs 1,241 ERUs 1,410 ERUs 1,395 ERUs 1,377 ERUs 1,365 ERUs 1,349 ERUs 1,321 ERUs 1,310 ERUs 1,171 ERUs 953 ERUs 857 ERUs 766 ERUs! 766 ERU ��> FCS GROUP Page 10 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins PE County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 16, 2020 Agenda Item # 3 BRIEFING DATE: March 24 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason County Public Works Annual Certification for Calendar Year 2019 BACKGROUND: The County Road Administration Board (CRAB) provide accountability through standards of good practice, fair administration of funding programs and engineering and technology assistance to 39 Washington State County Road Departments in accordance with RCW 36.78.070. Public Works is required to submit annual reporting throughout the year to CRAB; currently the CRAB forms for the Annual Certification for calendar year 2019 are due to CRAB by April 1, 2020. Among those forms, the following require the Chair of the Board's signature. They are: 1) Annual Certification for - 2019 2) Certification of Expenditures for Traffic Law Enforcement— 2019 3) Certification of Expenditures for Fish Passage Barrier Removal — 2019 Once the Chair has executed these forms, Public Works will include them in the submittal to the County Road Administration Board (CRAB). CRAB prepares its annual report every year that presents the collected data on county road revenues and expenditures, road and bridge inventories and highlights projects funded by CRAB's two grant programs: The Rural Arterial Program (RAP) and the County Arterial Prestarvation Program (CAPP). This report is available at http://www.crab.wa.gov/crab/dcs/annualReport/2019 Annual.pdf RECOMMENDED ACTION: Recommend the Board of County Commissioners execute the Annual Certification for Calendar Year 2019; Certification of Expenditures for Traffic Law Enforcement— 2019; and, Certification for Expenditures for Fish Passage Barrier Removal — 2019 to be included in the annual submittal to the County Road Administration Board by the Department of Public Works. Attachments: Annual Certification — 2019 Certification of Expenditures for Traffic Law Enforcement— 2019 Certification of Expenditures for Fish Passage Barrier Removal - 2019 Mason County:Annuai Certificailon.For Calendar Year 20:19, WAC 13,6-04; W ANAOEMENTAND ADMINISTRATION A:; 17uring 2019 the County Engineer performed h6Autie's,and had the responsibilfties specified in RCW 36.80:030: Yes. B At'any time duIn'g 20,19 was;there avacancy/change inane position of County Engineer?If so were:(he; No,. procedyres in•.WAG°136=12 followed?. C. The processing of County.Road:Accident;Reportsdunng 161 'Co' i.101 .i.ed with WAG 136 D:: Pnonty Programming techniques were applied tothe ranking ofalfpotentiafprojects-on the:artenai road system.m 'Yes., 2019 per WAC 136 14-020 . E As of;Decembei•31 2019 the management of.the county road department was in accordande with'policies s,"et by the county legislative authq"city including,but:h6t limited to;the foilowrngspe"N' pollcies.'requWed.by WAC 136 50=050:" i *Has your agency sent the most recently adopted f§106 16 CRAB WAC 1,36-50 0517 t POLICY WAC- DATE'OF;CURRENT VERSION': Re:Organization 136-50-051 11/13/2018 Re _Personnel Fractices 136 50`-052; 10/08/2019' :I Re Complaint Handling 136=50-053 0212011990" 1. Re Work for-.O,thers 136-50-054, 02/13/2018 j R6t,tJfRityAqcomm6dationy 136 50=055; 11/14/2006' Re:',nonty Programming 136714'0 0" Q6/03/20.04 'I F." Thefollowing were submitted;tq CRABin a timely mariner: DOCUMENT WAC DUE'DATE DATE OF ADOPTION;] DATE SENT TO, PREPARATION. CRAB 19 Siz Year Program; 136 15=050, 31 DEC=18 11106/20,18; 12/17/2018' Annual,Construction Program, 136=16=040 31 , �A'8 .11/06/2018 1-/2412018 19; PAPP Program; 136-300-060 31-DEC-1'8 12/141201.8 12/26120,18 '19: Road Fund Budget: 31 DEC=18 12/1:7/2Q18 12/171201.8 19' Maintenance Management Mrk 136-11.-040' 31 DEC=98 12/10/20,18 121131201;8: Plan&Budget; 19 Road LevY, 136-150-021 01 FEB :Mason County:2019; CERTIFICATION OF'DIVERSION AND ROAD:FUND EXPENDITURES,FOR. .i0'LAW ENFORCEMENT WAC 136-150-022; Tofal Road Levy_ Budgeted Road Levy revenue(as listed on;the Road,Levy Certif cation=WAC 13(x150 021)` $10946;150:00_ Actual,Road levy revenue.produced:. 510,9431981:00 • Road Levy Diversion:; Budgeted Road levy Diversion(as listed ori.the Road,LdW Ceitificatiori'-;WAC 136=150-021): $2 160 000.00: s Actuatamounfaf Diverted Road Levy;: $2,160;Q00.00 i Was Diverted`Road Levy deposited in a specific and identifiable:acoount.(RCW 36:61.0 Yes Traffic Law Enforcement Paid ii Jioad�Fund Expenditures: Budgeted cost reimbursements andtoroperating transfers from the•Road;:Funo' Actual total arnount of:cost,reimbursementic and/or operating transfersfr..om the Road Fund; Total Road Portion traffic Law Enforcement Expenditures:- $2 160;000:00 l Total.Traffic Law'Enforcement Expense ALL COUNTY FUNDS)_ $2-.213,881.0 i RG11V'36,7914fl:iprovides'that gniyaf�ose,cauhdes thaf:dunng ttie preceding t4 ve months have spenfall revenues collected for road purpose's ,. oniyforsuch purposes including trafficlaw:enfored'e ,as are aliowed:tiyAirticie II,Secboi 40:ofthe Washington State Constitution,"are' eligible to receive fuh&from the Rural Arterial TrusfAccount `This.forrn must tie reviewed'and certified{on thef"Engineers Certification Form bv; >..County Sheriff' kCounly AudrtorOR Charter designafed Chief Financial Officer, 6 Chair,Board of County.Commissioners OR County Executive.t T i t is I p `i l t: F { F' F { 9 k -S i Mason•County Reparts,for 2Q;19.; Digital` Submittal Certification for:Forms Due April Ist. T. 7tie documents checked below are hereby submitted from Mason County for the review and 4.i acceptance;of the`County Road:Administration Board: 0 .201.0 RAP Certification.of Diversion and. Road Fund is Expenditures for Traffic Law Enforcement; s [hereby ceitify that#tie a6aveYeport is'true and;accurafe aril tFiat I haver;eviewed and approvedahe reportfg submission.to the County,RoadAdministration Board in accordance with WAG'136. Signed: Date: k County Sheriff Signed-0- Date: County Auditor i€ Signed": Date:: Chair,/Executive: Q 2019 Certification of Road. Fua d ;EXpenditu'res fo'r Fist Passarg, BarrieFr Removal' 2019 Annual Certification° s I hereby .certify that`the Fish Passage,Removaland Annual Certifications are-true and:accurateand that1 have: i-Weiued and approved the deport to the County Road Administration Board m accordance with; WAC 136. P Signed: Date:; Chair°(Executive, Signed: �' Dater,. County Engineer, 0' 2019Annual Construction Report Q 20'19 Counter Arterial Preservation: Report: I i. 02019 Maintenance Management Annual Certification 'thereby certify that the.Annual;Construction Report,CountyArtena6 Preservation Report,'and Maintenance Management Certification are'true and,accurate:an8th at 1 haye;reviewed approved,and'subrriitted said reports to. the:County Road AdministrationBoard<in accordance with WAC 136. . 1. Signed` Date: ... . County Engineer l F tt$ FISH'PASSAOE CERTIFICATION `WAC136-1'50-023 Submitting;County:;Mason. BiadgetY 201.9,: Fisfi`Passage Barrier Removal Projects . . �._. z. Project Total Project Cosh-Outside of` i %of.Total Cost.(28%i411ovued a €: Name Cost; ROW by WAC)' i.: Total lCxpendituresfor,Fish'Passage Barrier:Removal Outside Gounty.Rigfits=of-Way 4 Total Annual Road.Construction Budget:: $6',41`9,455 00it` :X.0_O05 1/2%ofTotal Annual:Road,(Urhit of"Outside.of Right of=Way"expense);: -$32,097:28. Total Expenditure-for':Fish.Passage BaknerRemoval Outside CWfity.Right=,of= $0:00" Way: i RCW 36.79:140.provides that;only those courrties that doling the'preceding twelve rnontis,havespent;a.11. revenues collected,forroad purposes only for such purposes,including removal of barriers to fish passage and I. aecompany�ng streambed andstream bank repair as specified,,and Iimited by RCW 36 82.070,as are allowed 15y'AM610 II,., dfion-'40,of..the'Washington State Constitution,are eligible to receive funds from the Rural Arterial Trust Account; 3. 2: I } 3f E j' j� 3' k fi, MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 16 2020 Agenda Item # BRIEFING DATE: March 24 2020 BRIEFING PRESENTED BY: Loretta Swanson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Safety Plan Data Collection Project, Supplemental Agreement No. 2 IMS Infrastructure Management Services, LLC BACKGROUND: Commissioners authorized Public Works to procure a consultant to assist with collecting roadway data and creating the County Road Safety Plan on March 6, 2018. Public Works solicited a formal request for proposal and IMS Infrastructure Management Services, LLC out of Arizona was selected. At this time, it is necessary to extend the time for completion of this work from April 30, 2020 to December 31, 2020 with no change is cost or scope of work. BUDGET IMPACT: Maximum payable amount of this contract has remained at $126,547.50 with only one other time extension with Supplemental No. 1. RECOMMENDED ACTION: Recommend the Board approve Supplemental Agreement No. 2 with IMS Infrastructure Management Services, LLC. to extend the completion date for the Safety Plan Data Collection Project to December 31, 2020. ATTACH M ENT: Supplemental Agreement No. 2 ,R :_ , _ - s _ _ t a �. r a } ✓Y..sL R€. nat`�'""``Y '„;i'ti"..q tea`" f r� e { v 3} r h 4 g ✓Fy�?fi 4'S{' > :� � 3 t �' - � �.3'°�' �. �# gtott Stat@ h C 3, S £ i 5: - Y e � n metT O'f m'a1�S�0A tatlOti r t r � � x��" �eit7'�@tl SctPP l- ,Agreeme,n orgariizatron�d,Address t t� �� E 4 i4 ��.■ e *.fir - y; '`C r r �^'l ,. ' ,�a.. ' tMS,Infrastrtic[ure ivlanagettiaru�Servicea Lir '"��` � "� � fkrgmai�tgreement Nurnher � � 1820 W brake Dr Ste I04 � � e,,"'��?�� .� l9 10 Y `11 Tem' a AZ SS�g3 43 T� k � �, , Y w� x C . ., I -I': p {4 46�-4030: +-r �� r r n�ect t+[unsber Phone 80 ti 1 1 ExeGur16t1 Dat COrppletiost Qate ' rt, ', �� , I213�2U20, Kir tYew Maximum Amounk Payable fiW ; 1. Safet}�Plan L7aza Collection - < 11 z ''x, s „a. K�A-� r r c d s RFs ' 1:7 Descrrphon of Worts ` E F 'v, kE c n w '� s P Y 7 S y,a S ' 1�"*d7a,}y— t i e r �c �+'- f „t.irk �"''' ,i } ,Coltectn saf Ian da . h PQ �npe the da e t art a form eomgafi6te vEKth MoriGty tnc >rovidurgr � mor � � d h tatrtrg and to an vt lucks 3S�'' 1 S K : f 'h 5 A .lz ,, .may,..4 ''i>uY Ir �. ,,''t,. ,y„ 3^� S - C "k. -"�a .. C _ j "„ C ' N The LocatAgertcy t3f Mason county z E ', . n � r Rdesrres fo sup1.plement the agreeme t{entered m fo°With It�ss tnfrastructurc t4tanaQement 3erv,ces I;l,c ti - ' and execufed an°72'I?!I9 and identified as Agreement Na I' r0 '�r 11111-1,�` I'll �. Ali�111111.11.provistans rn fhe t�asic agreement remain in effect excQpt as expressly moifif ed by thrs supple nt �' Th$changes to Elie agreement are descnt�etl as follows y ` � h11 r �3, s � 11 r v s 1 ?r .: �, �' Fes,.. ' ,'�, ✓ . , a l e`. Se .11 tIon�I STUPE OF WOREC,ts3hereby changed to read Y �l - 5 s n , ,,� �' � " ''^�. Time e�ctensEan Rntft no change►n contract amouni $ 4q %.. )11 -i � x11 t y x ,,�. , ,v ',fix, - �' r � ! .1.r '� " 5 3 ? t ,,.�'y,e',is-11 t'g€s a n. aI , ll J -- �� 4 Sectlan tV TIME FOR BEGINNINGAND C�MPLE3ION is amended to change'the nurnt�er ofcale-11ndar-Mldays � ` Comeleted by December 3T.200 s ' i forcample#ron of the work to read , r¢ �- , x H1 '7 i • - 3 fi " t �s 1. ,,'�< 1 4 7 t`1"x 1 1 1 Y 2 '£ { 'k "qs_F+k b Sect�n V,Pf�`tMENT shaA be amencfeci as fallaws F a x .� i f t �:A .� 'F.- Tex^ s's..x 1. "� ..� J gf t ? 'Y. 11 1'"�i a { c� kr `C`d� a... r < 9 r 4 .:- 3 v t, r' x `as seffQtth to the attached ExhtbttA,anct by thrs reference made a partof thrs supplement � ,, ' If you concur With thrssupplement and Il-agree to the:changes as stated at one please sign rn the�ppropil 4 y tni-- ) spaces below and retun fa fh�s of1.fice for final actrori i _ C (/� {i £ b 4 Y' gyp gy SharonTrasl. �; e �� #3'1 r .:x'77 '' "C g ay R ''f"fig,a _ s "F'" gal a2 „� t •' ' y 11— OnS nt Ign3NfE _ Ywovinq, my #�n8flllt: i rA. x u '� y4 u- - . 2@ V t { � —f)i7r Farm iU-063 r 3 M f MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Melissa Drewry Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 589 DATE: March 24, 2020 Agenda Item # (Commissioner staff td complete) BRIEFING DATE: March 16, 2020 BRIEFING PRESENTED BY: Diane Zoren [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Resolution selecting the Shelton-Mason County Journal as the official county newspaper for publishing certain legal publications. Background: RCW 36.72.075 requires the county legislative authority to select a legal newspaper as the official county newspaper for the term of one year. The Shelton-Mason County Journal is the only newspaper published in the county that qualifies as a legal newspaper under RCW 65.16.020. Budget Impacts: none RECOMMENDED ACTION: Approval of the resolution selecting the Shelton- Mason County Journal as the official county newspaper for publishing certain legal publications. Attachment(s): Resolution RESOLUTION NO. AMENDS RESOLUTION 30-19 A RESOLUTION SELECTING THE OFFICIAL COUNTY NEWSPAPER WHEREAS, RCW 36.72.075 requires the county legislative authority to let a contract to a legal newspaper to serve as the official county newspaper for the term of one year and; WHEREAS, If there is at least one legal newspaper published in the county, the contract shall be let to a legal newspaper published in the county and; WHEREAS, the Shelton-Mason County Journa/is published in Mason County and qualifies as a legal newspaper in accordance with RCW 65.16.020. NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby declares the She/ton-Mason County Journal as the official county newspaper for furnishing certain legal publications for the period of one year beginning on April 1, 2020. Dated this 24th day of March, 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 24, 2020 Agenda Item # g J (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency— cancel non-essential business due to COVID-19 ITEM: Approval to cancel the public hearing that was scheduled on Tuesday, April 7, 2020 at 9:15 a.m. to consider approving the franchise agreement applications between Mason County and the following: Aquarius Utilities, LLC Island Shores Water, LLC Detroit Water Service Association Oak Park Water Company, LLC This hearing will be rescheduled at a later date. Background: The April 7 public hearing was scheduled at the March 10 Commission meeting. In an effort to discourage public gathering due to the COVID-19 pandemic, it is recommended this hearing be canceled and rescheduled at a later date. Budget Impacts: The cost for legal advertisement. RECOMMENDED ACTION: Approval to cancel the public hearing that was scheduled on Tuesday, April 7, 2020 at 9:15 a.m. to consider approving the franchise agreement applications between Mason County and the following: Aquarius Utilities, LLC Island Shores Water, LLC Detroit Water Service Association Oak Park Water Company, LLC This hearing will be rescheduled at a later date. Attachment: none MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter T Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT:53o COMMISSION MEETING DATE: 3/24/202o Agenda Item# (Commissioner staff to complete) BRIEFING DATE:3/2/2020 BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the January 2020 — December 2022 Collective Bargaining Agreement(CBA)for Woodworkers Local Lodge W38 IAM representing Mason County Deputy Prosecutors. BUDGET IMPACTS: Supplemental—Funded by Ending Fund Balance. BACKGROUND: The exclusive representatives of Woodworkers Local Lodge W38 IAM representing Mason County Deputy Prosecutors have reached a tentative agreement with Mason County for the 2020-2022 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. RECOMMENDED OR REQUESTED ACTION: Approval of the January 200 — December 2022 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 IAM representing Mason County Deputy Prosecutors. ATTACHMENTS: Collective Bargaining Agreement on file with Clerk of the Board. COLLECTIVE BARGAINING AGREEMENT By and Between MASON COUNTY -- And the MASON COUNTY PROSECUTING ATTORNEY O. co� a 0 riN., r8ly And WOODWORKERS LOCAL LODGE W38, I.A.M I] islf po tia. a Cp.. 0 ♦ y A I M ij 4#3tN! * 0ti-0 January 1, 2020 Through December 31, 2022 Table of Contents PREAMBLE 3 ARTICLE I: RECOGNITION 3 ARTICLE II: GRIEVANCES 4 ARTICLE III: NON-DISCRIMINATION 7 ARTICLE IV: WAGES AND BENEFITS 7 ARTICLE V: HOLIDAYS 9 ARTICLE VI: VACATION LEAVE 9 ARTICLE VII: SICK LEAVE, BEREAVEMENT LEAVE AND FMLA 10 ARTICLE VIII: CIVIL LEAVE 13 ARTICLE IX: LONGEVITY 13 ARTICLE X: SAVINGS CLAUSE 14 ARTICLE XI: DURATION 14 APPENDIX A-WAGE TABLE 15 2020-2022 Agreement-Mason County Deputy Prosecuting AttorneysNVoodworkers Local Lodge W38, IAM Page 2 of 15 PREAMBLE This Agreement entered into by Mason County and the Mason County Prosecuting Attorney, hereinafter referred to as the "Employer" and Woodworkers Local Lodge W38, I.A.M., hereinafter referred to as the "Union," has as its purpose the promotion of harmonious relations between Mason County, the Employer and the Union, and the establishment of an equitable and peaceful procedure for the resolution of differences, in the public interest. ARTICLE I: RECOGNITION Section 1. The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of negotiations concerning salaries, hours and other conditions of employment for all full-time and regular part-time deputy prosecuting attorneys in the Prosecutor's office, hereinafter referred to as"employee", "employees","DPA"or"DPAs",except for Rule 9 interns and confidential employees. Section 2. Union Representation a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit, or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty (30) minute orientation with new employees during the employees' regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may collect fees. In addition, the Union shall explain to the new employee the rights and the benefits the employee would forgo by being anon-member. c. The Union agrees to accept employees as members without discrimination as to race, color, creed, sex, sexual orientation, national origin or physical, sensory or mental disability or protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions which may be required to be made to any employee shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page3of15 with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current. The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify, defend, and hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check-off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. ARTICLE II: GRIEVANCES This section shall recognize the authority of the Prosecuting Attorney under RCW 36.27.040 to revoke at-will appointments to his or her appointed Deputies, and that the provisions of RCW 41.56.030(2) shall not require a prosecuting attorney to alter the at- will relationship by this section. Section 1 The purpose of this grievance procedure is to promote harmony and efficiency between the employees and the Employer by providing for the timely settlement of grievances without fear of discrimination or reprisal. Section 2 The term "grievance" shall mean any dispute between the Employer and the Union or an employee covered by this Agreement, concerning the interpretation, application, claim, or breach or violation of the terms of this Agreement and established personnel matters. Section 3 Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievances. `Section 4 Any time limits stipulated in the grievance procedure may be extended for stated periods of time by appropriate parties by mutual agreement in writing with copies to the Union and the Employer. Section 5 Failure of the Employer to comply with any time limitations of a procedure in this Article shall automatically permit the aggrieved employee to advance his/her grievance to the next step of these procedures. 2020-2022 Agreement-Mason County Deputy Prosecuting AttorneyslWoodworkers Local Lodge W38, IAM Page4of15 Section 6 A grievance of interest to several employees may be filed as a "group" grievance at Step 2 of the Grievance Procedure and be processed within the time limits set forth herein. Either the Union or the Employer may initiate a grievance. The Employer may not grieve the acts of individual Employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may go to mediation. Section 7 Grievance Procedure: Step 1. Within fourteen (14) calendar days of the incident, giving rise to the grievance or within fourteen (14) calendar days of the date the grievant knew or reasonably should have known of the incident-giving rise to the grievance, the employee and/or the shop steward or other representative of the Union shall discuss the grievance with the Prosecutor. The Prosecutor shall notify the employee of any decision on the grievance within fourteen (14) calendar days of the discussion with the employee. The decision of the Prosecutor shall be final on grievances that are not directly related to Article IV, Wages and Benefits. Step 2. If the grievance is directly related to Article IV, Wages and Benefits, then within fourteen (14) calendar days after receipt of the response or expiration of the time for response in Step 1, the employee and/or Union shall reduce to writing a statement of the grievance, which shall contain the following: a. the facts upon which the grievance is based; b. the Article(s) and/or Section(s) of the Agreement allegedly violated; and c. the remedy sought. The written grievance shall be filed with the Human Resources Manager, with a copy to the Prosecutor. The Human Resources Manager shall schedule a meeting with the Union Representative, affected employee(s) and the Prosecutor (or designee) to hear and seek to resolve the grievance. Within fourteen (14) calendar days of the meeting, the Human Resources Manager shall provide a written response to the Union Representative, employee(s) and the Prosecutor. If the grievance is not resolved at Step 2, it may be advanced to arbitration by the Union. Section 8 Grievance Arbitration: A. Should the Union choose to advance the grievance to arbitration, written notification of its intent to arbitrate shall be submitted to the Prosecutor and Human Resources Manager within fourteen (14) calendar days of receiving the written response in Step 2. Thereafter, the parties will attempt to agree on an arbitrator to hear the grievance. If the parties are unable to agree to an arbitrator, then a list of nine (9) names shall be jointly requested by the parties from the Public 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page 5 of 15 Employment Relations Commission (PERC) within thirty (30) calendar days of the date the Union filed its notice of intent to arbitrate with the County. B. If a list of arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. C. The Parties shall jointly submit a written referral to the arbitrator that will contain the following: 1. a stipulated agreement of the question or questions at issue. If unable to stipulate, parties shall frame their own question or questions and the arbitrator shall have authority to define the question as a first order of business at any subsequent hearing; 2. statement of facts and position of each respective party; and 3. copy of the grievance and related correspondence. The arbitration hearing shall be scheduled at a date, time and location mutually acceptable to the parties. D. For any grievance arbitration proceeding held pursuant to this Article, it is understood as follows: 1. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. 2. The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the .Union and the employees involved, provided the decision does not involve action by the Employer, which is beyond its jurisdiction. 3. Each party may call witnesses. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross-examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post-hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. 4. Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/VVoodworkers Local Lodge W38, IAM Page 6 of 15 provided, however, if the other party requests a copy, such cost shall be shared equally. 5. The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. ARTICLE III: NON-DISCRIMINATION Section 1 Neither the Employer, Union, nor any employee shall in any manner whatsoever discriminate against any employee on the basis of race, color, religion, creed, sex, marital. status, national origin, age, or sensory, mental or physical handicaps; Except, that such factors may be considered in employment decisions where determined to be a bona fide occupational qualification under the guidelines promulgated by the Federal Equal Employment opportunity commission. Section 2 Where the masculine or feminine gender is used in this agreement, it is used solely for the purpose of illustration, and shall not be construed to indicate the required sex of any employee. Section 3 No employee shall be discharged or discriminated against for engaging in lawful Union activities, fulfilling duties as an officer in the union, serving on a Union committee or member thereof, or exercising the employee's rights as a Union member, or for acting in compliance with the rules of. professional conduct as mandated by the Washington State Supreme Court. ARTICLE IV: WAGES AND BENEFITS Section 1 Salaries are set forth in Appendix A. Step increases are contingent on satisfactory performance. If an employee's performance is unsatisfactory, the Prosecuting Attorney may defer a scheduled pay increase for a stipulated period of time or until the employee's job performance is satisfactory. Effective upon ratification.through December 31, 2022, each employee_shall also have his/her base wage as set forth in Appendix A and adjusted by an across the board increase as set forth below: INCREASE 1/1/2020 1.75% 1/1/2021 2.00% 1/1/2022 2.00% Section 2 The County shall pay any court-sanctioned fine levied against an employee where, in the reasonable judgment of the Prosecutor, such employee was fined in the good faith performance of his duties. 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page 7 of 15 Section 3 The County shall pay the regular, active annual dues to the Washington State Bar Association for each employee covered by this Agreement. Section 4 The County shall provide indemnification and defense of an employee from liability that may arise out of the good faith performance of his/her duties. Section 5 The County shall contribute as below each month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. This contribution is to be applied to premiums for PEBB medical and WCIF dental, vision and life or, with the provision of adequate notice to the County, applied to the premiums of such other carrier or carriers as designated by the Union. Eligible employees are those regular full-time and regular part-time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time upon separation) or more per month during the calendar year. A. Effective January 1, 2020 the contribution shall be increased to one thousand three hundred and ten dollars ($1310) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1, 2021 the contribution shall, be increased to one thousand three hundred sixty-two dollars ($1362) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2022 the contribution shall be increased to one thousand four hundred and fourteen dollars ($1,414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Section 6 The Employer shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. Section 7 In the event the Employer is subject to carrier plan design change or a penalty, tax, fine or increased costs as a result of requirements or provisions of the ACA, not within the control of the Employer, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Section 8 Clothing Allowance: All employees shall receive, upon presentation of receipt, no later than November 30 of the current calendar year, an annual clothing reimbursement of up to five hundred dollars ($500) for professional business attire, not to include accessories and/or undergarments. 2020-2022 Agreement-Mason County Deputy Prosecuting AttorneysNVoodworkers Local Lodge W38, IAM Page8of15 ARTICLE V: HOLIDAYS Section 1 The following is a list of the annual recognized holidays for employees in the Prosecutor's Office: New Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Friday after Thanksgiving Day Independence Day Christmas Eve Day Two (2) Floating Holidays Christmas Day Christmas Eve may be taken off based on the operational needs of the County and the prior approval of the Prosecutor, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor's approval.. Section 2 Where there is a conflict or difference between either a federal or state designated holiday, the parties may agree to honor either one, but not,both. Section 3 When a recognized holiday falls on Saturday, the Friday preceding it will be allowed; and when a recognized holiday falls on a Sunday, the Monday following will be allowed as a regular paid holiday. Section 4 Floating holidays may be taken at the discretion of the employee, provided the approval of the 'Employer is obtained, and one (1) week's advance notice is given. The one (1) week notice requirement may be waived by the Employer. Floating holidays not used by the end of the calendar year, during which they accrued, will be lost. ARTICLE VI: VACATION LEAVE Section 1 Each regular full-time employee shall accrue paid vacation leave as follows: Years of Continuous Service Annual Accrual 1st through 3rd year of employment 96 hours 4th through 7th year of employment 120 hours 8th through 9th year of employment 144 hours 10th through 11th year of employment 160 hours 12th through 14th year of employment 176 hours 15th.through 16th year of employment 184 hours 17th through 19th year of employment 192 hours 20th year or more of employment . - 200 hours Section 2 All new employees must satisfactorily complete six (6) months of service to be entitled to the accrual and use of vacation leave. Regular part-time employees will 2020-2022 Agreement-Mason County Deputy Prosecuting.Attorneys/Woodwprkers Local Lodge W38, IAM Page 9 of 15 receive vacation on a pro-rata basis. Extra-help employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Section 3 Regular full-time employees must work, or be in a paid status, at least eighty (80) hours in a month to accrue vacation for the month. Regular part-time employees must work, or be in a paid status, at least in the same proportion to eighty (80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. Section 4 The first day of the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the first (1st) and the fifteenth (15th) of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the sixteenth (16th) and the last day of the month. Section 5 The Prosecuting Attorney is responsible for scheduling its employees' vacations without undue disruption of department operations. Leave requests shall normally be submitted, in writing, at least two (2) weeks prior to taking vacation leave. Section 6 The maximum vacation leave hours that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave accrual will be added to the employee's vacation leave benefit when the maximum accrual of four hundred (400) hours has been attained. Section 7 Eligible employees will be paid for unused accrued vacation leave upon termination of employment with Mason County, provided that no employee may receive payment for more than four hundred (400) hours. ARTICLE VII: SICK LEAVE, BEREAVEMENT LEAVE AND FMLA Section 1 Sick Leave: Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Regular full-time employees must work or be in a paid status at least eighty (80) hours in a month to accrue sick leave for the month. Sick leave shall accrue for all regular full-time employees at the rate of eight (8) hours per month for each month of employment. Regular part-time employees shall accrue sick leave on a pro- rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for a full-time employment Sick leave cannot be taken before it is actually earned, and sick leave accrual may not exceed one thousand two hundred (1,200) hours. Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. Authorized uses of sick leave may be utilized for immediate family as defined below. "Immediate family" shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of spouse, registered domestic partner, grandparent, parent (biological, adoptive, de facto, or foster 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page 10 of 15 parent, stepparent, or legal guardian of an employee or employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child),sibling, child (biological, adopted, or foster child, • stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless or age or dependency), grandchild, in compliance with WAC 296-130-030 and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Employer or designee. Section 2. Sick Leave Cash Out: Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous county service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement from an applicable Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. Employees hired on or after January 1, 2011, neither they nor their estate shall be eligible to receive any cash out of the employee's accrued sick leave upon separation from county service. Section 3. COORDINATION -WORKER'S COMPENSATION Sick Leave Adjustment for Workers Compensation: A. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with state law. B. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her sick leave. C. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus the number of hours at full salary for which he/she is paid to the nearest hour. D. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries, the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and vacation leave may be used for the absence in accordance with other provisions of this rule. F. Nothing herein pertains to a permanent disability award. G. If an employee has no sick leave accumulated, or has exhausted all sick leave, vacation leave, or comp time, may be substituted. 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page 11 of 15 Section 4. Bereavement Leave. The County will provide regular, full-time and part-time employees with paid bereavement leave for up to three (3) days in the event of the death of an immediate family member. Two (2) additional days chargeable to accrued sick leave will be granted at the request of the employee. Immediate family for purposes of bereavement leave includes only the employee's spouse, parent, grandparent, child, grandchild, sister, brother, grandmother-in-law, grandfather-in-law, mother-in-law, father- in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt, uncle, nephew, or niece. Section 5. Family Leave. The County and the Union mutual agree to comply with all State and Federal Family Leave laws (FMLA, RCW 49.78), whichever is more advantageous to the employee. Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth. If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance. For purposes of this Article, the definition of"immediate family"will be found in Section 3. Section 6. Paid Family & Medical Leave Compliance: The County and Union mutually agree to comply with all Washington State Paid Family & Medical Leave law, per RCW 50A.04. Section 7. Maternity Disability Leave: Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female Employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however, the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA or otherwise entitled under disability or sick leave paid status). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the Employer's expense. At the end of the disability leave, the Employee is entitled to return to the same job or a similar job of at least the same pay. Employees must use their accrued sick leave and vacation, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the Employee's leave may be switched over to unpaid leave. Section 8. Military Leave. Employees enlisting or entering the military service of the United States, pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) shall be granted all rights and. privileges 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge.W38, IAM Page 12 of 15 provided by the Act. In addition to benefits granted under USERRA, Employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year (October 1 through September 30). Section 9. Leave Without Pay. Except in the case of Family Medical Leave Act related leave (and/or other protected leaves), an employee may be granted leave without pay with prior approval of the Prosecutor or designee. ARTICLE VIII: CIVIL LEAVE Section 1. Jury Duty. The County provides all employees leave for jury service. Regular full-time and part-time employees who have completed their probationary period receive paid jury duty leave each time they are called for jury service. Payment provided by the courts during periods of paid jury duty leave must be paid over to the County, excluding expense reimbursements, such as mileage. You must provide your supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, you are required to provide your supervisor with proof of jury service. Employees who have been released by the court during their period of jury duty service may be required to report to work. An employee who is called to jury service for a matter which is discovered to be likely multiple-week litigation agrees to ask to be excused from such service on the basis of hardship to the Employer. Section 2. Witness Duty. All employees summoned to testify in court are allowed time off for the period they serve as witnesses. If you are paid by the County for time you are testifying, payment provided by the courts during periods of paid witness duty must be paid over to the County, excluding expense reimbursements, such as mileage. In general, witness duty leave is paid unless you are a party in the case. ARTICLE IX: LONGEVITY Section 1. Longevity. Employees shall receive longevity pay (commencing upon completion of their 5th year of service) in addition to their base pay as set forth below: Continuous Years of Service Monthly Amount 6th through 10th year $ 65.00 11th through 14th year $ 90.00 15th through 19th year $130.00 20th through 24th year $150.00 25th year and over $165.00 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page 13 of 15 ARTICLE X: SAVINGS CLAUSE Should any clause of this Agreement be found to be in violation of any law, all other. provisions shall remain in full force and effect. If any provision in this Agreement is determined to be invalid, the parties shall meet to renegotiate the substance of the provision if demanded by either party. ARTICLE XI: DURATION This Agreement shall be effective upon ratification, and shall remain in full force and effect through December 31, 2022, by mutual agreement superseding previous Agreements in term and effective date. Either party may commence negotiations of a successor agreement by filing written notice to the other party pursuant to the provisions of Chapter 41.56 RCW. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of 2020. BOARD OF COUNTY COMMISSIONERS WOODWORKERS LOCAL MASON COUNTY LODGE W38, I.A.M. Sharon Trask, Chairperson Brandon Bryant, President MASON COUNTY PROSECUTING Randy Neatherlin, Commissioner ATTORNEY Kevin Shutty, Commissioner Michael Dorcy, Prosecutor 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page14of15 APPENDIX A-WAGE TABLE 1.75% STEPS 2020 1 2 3 4 5 6 7 8 Deputy Prosecuting 5,404.08 5,539.19 5,677.67 5,819.61 5,965.09 6,114.22 6,266.62 6,423.82 Attorney I Deputy Prosecuting 6,583.41 6,747.73 6,916.88 7,089.57 7,267.03 7,449.22 7,635.01 7,826.71 Attorney II Senior Deputy 8,022.03 8,222.11 8,429.34 8,638.94 8,854.92 9,076.28 9,303.21 9,535.79 Prosecuting Attorney 2.00% STEPS 2021 1 2 3 4 5 6 7 8 Deputy Prosecuting 5,512.17 5,649.97 5,791.22 5,936.00 6,084.40 6,236.50 6,391.95 6,552.30 Attorney I Deputy Prosecuting 6,715.08 6,882.69 7,055.22 7,231.37 7,412.37 7,598.20 7,787.72 7,983.25 Attorney II Senior Deputy 8,182.47 8,386.55 8,597.92 8,811.72 9,032.01 9,257.81 9,489.27 9,726.50 Prosecuting Attorney 2.00% STEPS 2022 1 2 3 4 5 6 7 8 Deputy Prosecuting 5,622.41 5,762.97 5,907.05 6,054.72 6,206.08 6,361.23 6,519.79 6,683.35 Attorney-I Deputy Prosecuting 6,849.38 7,020.34 7,196.33 7,375.99 7,560.61 7,750.17 7,943.47 8,142.91 Attorney II Senior Deputy 8,346.12 8,554.29 -8,769.88 8,987.95 9,212.65 9,442.96 9,679.06 9,921.03 Prosecuting Attorney 2020-2022 Agreement-Mason County Deputy Prosecuting Attorneys/Woodworkers Local Lodge W38, IAM Page 15 of 15 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Patricia Grover, Mason County Noxious Action Agenda X Weed Control Board Public Hearing Other DEPARTMENT: Commissioners EXT: 592 COMMISSION MEETING DATE: March 24, 2020 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: Board verbally stated that item did not require briefing to move forward to action agenda. ITEM: Professional Services Contract Agreement between Hood Canal Coordinating Council and Mason County Noxious Weed Control Board for Hood Canal Coordinating Council's In-Lieu Fee mitigation Program. Background: Contract Agreement will add an additional $1,500 into the 2020 budget and $1,500 into the 2021 budget for weed control assistance at Mason County Mitigation Sites. RECOMMENDED ACTION: Approval from Mason County Board of County Commissioners for Mason County Noxious Weed Control Board to enter into the Professional Services Contract Agreement with Hood Canal Coordinating Council's In- Lieu Fee Mitigation Program. Request signature from Sharon Trask, Chair Mason County Commissioner. Additional Budget Impacts: Requires a supplemental appropriation to the 2020 budget in the amount of$1,500. Attachment(s): - Professional Services Contract Agreement, Hood Canal Coordinating Council's In-Lieu Fee Mitigation Program. - Exhibits A & B 3/17/2020 SST.1'ltl$' PROFESSIONAL SERVICES CONTRACT AGREEMENT BETWEEN HOOD CANAL COORDINATING COUNCIL AND MASON COUNTY NOXIOUS WEED CONTROL BOARD FOR HOOD CANAL COORDINATING COUNCIL'S IN-LIEU FEE MITIGATION PROGRAM THIS AGREEMENT is between Hood Canal Coordinating Council (HCCC), located at 17791 Fjord Drive,NE,Suite 118,Poulsbo,WA 98370, and Mason County Noxious Weed Control Board (Consultant),with an address of 303 North 4th Street, Building 4, Shelton,WA 98584 and is made effective as of the date signed below by HCCC. HCCC and Contractor are also referred to as the "Parties" and each as a "Party." This Agreement relates only to work funded by the Hood Canal Coordinating Council's In-Lieu Fee Program. The Parties to this Agreement agree as follows: 1) DEFINITIONS. --For purposes of this Agreement, the term- a) "Hood Canal Coordinating Council" means Hood Canal Coordinating Council, a Washington Corporation, and its members, directors, officers, employees and agents also referred to herein as "HCCC", specifically the Hood Canal Coordinating Council's In-Lieu Fee Program; b) "Consultant" means the Consultant and its directors, officers, employees, agents and subcontractors; and c) "Contract Representative" means the person designated below and incorporated by reference, to serve as representative of HCCC and the Consultant for purposes of administration of this Agreement. 2) SERVICES TO BE PERFORMED AND DELIVERABLES. -- The Consultant agrees to provide services to HCCC, in accordance with applicable professional standards, as described in Exhibit A appended to this contract. No work shall commence under this Agreement until it is fully executed by both Parties. HCCC Professional Services Agreement with Mason County Noxious Weed Control Board Page 1 3) COMPENSATION. -- a) Except as provided herein, HCCC agrees to pay Consultant on a monthly basis following receipt of an invoice documenting services rendered and costs incurred,in a manner and amount stipulated in Exhibit A. i) HCCC may, at its sole discretion, retain up to 10 percent of the amount otherwise due and owing under each invoice until Consultant completes all work described in Exhibit A, or otherwise authorized by HCCC. HCCC shall notify Consultant of the amount retained and deposit the retained amount in an interest-bearing account. HCCC shall release the amount retained, together with earned interest, not later than 30 days after receipt of a final invoice and acceptance of HCCC of all work authorized. ii) HCCC may, at its sole discretion, retain an amount otherwise due and owing under each invoice until Consultant provides HCCC with evidence that the Consultant has paid industrial insurance premiums for its employees and/or is in compliance with state industrial insurance requirements. b) Allowable Costs. - i) Travel Expenses. -- HCCC agrees to reimburse Consultant up to the amount stipulated in Exhibit A for travel expenses (including per diem at current government rate) from Consultant's home or principal place of business to meeting sites. HCCC shall reimburse Consultant for travel expenses in accordance with federal travel regulations. Payment for expenses over the category amount will not be honored without prior approval of HCCC's Contract Representative. ii) Other Expenses. - Payment for miscellaneous expenses will be specified in Exhibit A. Any request over the category amount will not be honored without prior approval by HCCC's Contract Representative. c) Unallowable Costs. -- i) Management fees or similar charges in excess of the direct costs are not allowable. ii) If Consultant expends more than the amount of its approved budget in anticipation of receiving additional funds, it does so at its own risk. HCCC is not legally obligated to reimburse Consultant for costs incurred in excess of the approved budget. d) Invoice. -- Consultant's invoice shall indicate dates of service, a description of work performed, and time spent on that date in providing service under HCCC Professional Services Agreement with Mason County Noxious Weed Control Board Page 2 this Agreement. The invoice shall include travel claims for travel expenses incurred by Consultant in connection with performance under this Agreement. Invoices should be sent to the Accountant at the HCCC address listed below via U.S. Postal Service or email (not both). 4) TERM. --The term of this Agreement commences on the effective date,the date the agreement is signed by the HCCC Executive Director below, and continues until December 31, 2021 as stipulated in Exhibit A, or until terminated by the Parties. 5) TRAINING. -- Consultant acknowledges that no training will be provided to Consultant under this Agreement. Consultant warrants and represents that its personnel are fully trained to perform services required under this Agreement and that additional training provided by HCCC will be unnecessary. 6) BUSINESS LICENSES AND TAXES. - a) Consultant shall, at its own expense, secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorization, and comply with all applicable Federal, State and local regulations. b) Consultant shall be responsible for payment of taxes, insurance and other obligations relating to its performance of services under this Agreement. Consultant shall provide HCCC with verification of its- i) Unified business identifier number from the State of Washington and that its business license is in good standing; ii) Washington State Department of Revenue account and that the account is in good standing; iii) Washington State Labor and Industries account and that the account is in good standing or that the Consultant is exempt from the state's industrial insurance requirements; c) All other necessary licenses and permits to perform the work specified in Exhibit B. 7) INDEPENDENT CONSULTANT STATUS.-- a) Consultant shall act as an independent Consultant, and in no way shall be considered an employee of HCCC. Consultant is not required to report to HCCC's offices at any specific time, except as requested for occasional consultations. HCCC does not have the right to assign any additional projects to Consultant. Consultant shall choose the time and manner for performing each part of the services described in Exhibit A according to its HCCC Professional Services Agreement with Mason County Noxious Weed Control Board Page 3 own routines and schedules, independent from HCCC's normal business operations. b) Consultant acknowledges that Consultant will not qualify for benefits which may be available if classified as an employee. In the event that the Internal Revenue Service (IRS) successfully asserts that Consultant is not or was not an independent Consultant for any period during the term of this Agreement and reclassifies Consultant as an employee, Consultant agrees to complete, sign and deliver IRS Form 4669 (Employee Wage Statement) to HCCC for any tax period affected. HCCC shall then file the Form 4669 with the IRS (along with IRS Form 4670 "Request for Relief From Payment of Income Tax Withholding") to offset against HCCC's withholding obligation. c) Consultant acknowledges that it will be liable to HCCC for any industrial insurance premiums or any other premiums or fees that HCCC is required to pay on its behalf under RCW 51.12.070, or any other applicable statute, regulation or ordinance,to the State of Washington or local jurisdiction. 8) NON-EXCLUSIVE CONTRACT. -- This Agreement is non-exclusive. Consultant reserves the right to perform services for others during the term of the Agreement. 9) MATERIALS AND EQUIPMENT. -- Consultant shall provide all materials and equipment necessary to perform its obligations under this Agreement Provided, however, that Consultant may use office equipment located in the offices of HCCC, as available, and provided however, that if"Other Expenses" have been awarded as part of this agreement, HCCC may purchase said supplies and services on behalf of the Consultant as part of this Agreement. 10)INSURANCE. - Consultant shall provide HCCC with a certificate of insurance for each insurance provision required in this section. The certificate of insurance shall be effective during the duration of this agreement. HCCC may require that the certificate of insurance name HCCC as an additional insured party. Consultant shall also require all of its subcontractors to maintain the same type and level of insurance as required in this section and provide certificates of insurance to HCCC as required in this section. Consultant shall, at its own expense, acquire and maintain the following insurance throughout the term of the Agreement: a) Commercial Automobile Liability Insurance covering all owned,non-owned and hired automobiles, trucks and trailers. Such insured shall provide the Standard Comprehensive Automobile Liability policy in limits not less than $1,000,000 Combined Single Limit; HCCC Professional Services Agreement with Mason County Noxious Weed Control Board Page 4 b) Commercial General Liability Coverage Insurance, with not less than the following limits: $1,000,000 for each occurrence limit, $1,000,000 for personal injury limit,$2,000,000 general aggregate limit; c) Professional Liability Insurance in an amount not less than $1,000,000 per claim and in the aggregate; and d) Workers' Compensation and Employer Defense. Insurance as required by statute and employer liability coverage, with not less.than the following limits: $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease and $1,000,000 policy limit for bodily injury by disease. 11)CONFIDENTIALITY. -- Information produced or made available to the Consultant shall not be disclosed to others or used for any other purpose, except as required under this contract, without prior written approval by HCCC. 12)OWNERSHIP OF PRODUCTS PRODUCED UNDER THIS CONTRACT. -- All data and products developed under this contract, excluding copyrighted material used with permission, or other public data that cannot be copyrighted, shall become the sole property of the HCCC and its assigns. Permission for its subsequent use must be obtained from the HCCC prior to that use. Any alteration of the data by HCCC for purposes other than those intended by this Agreement shall be at HCCC's sole risk and without legal liability upon the Consultant. 13)PUBLICITY AND ACKNOWLEDGEMENT OF SUPPORT. -- Consultant gives HCCC the right and authority to publicize HCCC's financial support for this Agreement and the Project in press releases, publications and other public communications. Consultant agrees to not publicize its work under this Agreement without HCCC's express written approval. 14)INSPECTION AND RETENTION OF RECORDS. --The Consultant shall make all applicable financial records, supporting documents, and all other pertinent records related to this Project, available to HCCC or any of its duly authorized representatives, for inspection. Records shall be retained until the Term date of this Agreement and then submitted to the Project Manager for retention according to law. 15)APPLICABLE LAW. -- This Agreement shall be construed and enforced under the laws of the State of Washington, irrespective of the fact that any one of the Parties is now or may become a resident of another state. Venue for any action under this Agreement shall lie in Kitsap County,Washington. HCCC Professional Services Agreement with Mason County Noxious Weed Control Board Page 5 16)MODIFICATION. -- This Agreement may not be waived, discharged or modified in any manner other than by written agreement of the Parties. 17)SEVERABILITY. -- No provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision or provisions of this Agreement be unenforceable for any reason, the party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire Agreement to be null and void. 18)TERMINATION. -- Either party may terminate this Agreement with 30 days written notification to the other party. If this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. HCCC shall have the right to terminate this Agreement in whole or in part at any time,if the Funding Source issues an early termination under the funding agreement(s) covering all or part of the Project at issue hereunder. 19)WAIVER. -- If either party fails to exercise its rights under this Agreement, it shall not be precluded from subsequent exercise of its rights. A failure to exercise rights shall not constitute a waiver of any other rights under this Agreement, unless stated in a letter signed by authorized representative of the party and attached to the original agreement. 20)COSTS AND ATTORNEYS FEES. -- If either party brings any action against the other for relief, declaratory or otherwise, arising out of this Agreement, the prevailing party shall recover against the other party all costs and reasonable attorneys' fees, including costs and reasonable attorneys' fees incurred to enforce any judgment rendered pursuant to this Agreement. 21)DEBARMENT. - By signing this Agreement, Consultant warrants and represents its initial and continued compliance that it is not listed on the Washington State Department of Labor and Industries state-wide Debarred Contractors List (or debarred in another state in which the Consultant's business resides). 22)COUNTERPARTS AND ELECTRONIC SIGNATURE. - This Agreement may be executed in counterparts, after execution by all Parties hereto, shall together constitute the Agreement. The parties acknowledge that a signature HCCC Professional Services Agreement with Mason County Noxious Weed Control Board Page 6 in electronic form has the same legal effect and validity as a handwritten signature. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the day and year the Executive Director has executed. Hood Canal Coordinating Council Scott Brewer, Executive Director Date: Mason County Sharon Trask, Chair Mason County Commission Date: HCCC Professional Services Agreement with Mason County Noxious Weed Control Board Page 7 Consultant Checklist: Consultant will complete and provide requested information on Exhibit B. Contract Representatives: Scott Brewer,Executive Director Hood Canal Coordinating Council 17791 Fjord Drive,NE Suite 118 Poulsbo,WA 98370-8430 sbrewer@hccc.wa.gov 360-394-0046 HCCC Project Manager: Patty Michak,In Lieu Fee Mitigation Manager Hood Canal Coordinating Council 17791 Fjord Drive,NE Suite 118 Poulsbo,WA 98370-8430 pmichak@hccc.wa.gov 360-930-8634 Accountant Accountant Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo,WA 98370-8430 admin@hccc.wa.gov Consultant Representative(s): Patricia A. Grover, Coordinator Mason County Noxious Weed Control Board Mason County,Building 4 303 N. 4th Street Shelton,WA 98584 PatriciaG@co.mason.wa.us 360-427-9670 ext. 592 FAX: 360-427-7264 Project Manager (if different): HCCC Professional Services Agreement with Mason County Noxious Weed Control Board Page 8 EXHIBIT A Independent Consultant Scope of Services Project Title: Mason County Mitigation Sites-Weed Control Consultant: Mason County Noxious Weed Control Board Description of Services: Consultant shall: • Provide 2 staff members from April - October annually for on-site weed control work; including herbicide application, timing of which will be weather dependent. • Transportation to/from properties. • Supply equipment and supplies necessary to accomplish work. • Photo documentation. • Permitting necessary to apply near water (NPDES). • Posting of site for use of herbicides. • NPDES Reporting and completion of WSDA Pesticide Application Records. Task 1:Year 1 Weed Control 2020 Weed Control Assistance: on-site work by two staff members from April - October (weather dependent for primary herbicide application). Description Budget Completion Date Weed control assistance; apply herbicide,photo $1,500.00 12/31/2020 documentation,permitting and reporting. Task 2:Year 2 Weed Control 2021 Weed Control Assistance: on-site work by two staff members from April - October (weather dependent for primary herbicide application). Description Budget Completion Date Weed control assistance; apply herbicide,photo $1,500.00 12/31/2021 documentation,permitting and reporting. Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: $3,000.00 Submit monthly invoices to the Accountant by the 15th of the following month. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Agreement—Exhibits A & B Page 9 Progress Reporting: Consultant will submit an activity summary report with each invoice detailing work completed on each property. Travel: If claiming mileage Consultant will submit HCCC Mileage Report for Reimbursement(provided in Exhibit B) with invoice. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date: The effective date is the date the contract is signed by the Executive Director and ends December 31,2021. Consultant Checklist: Consultant will complete and provide requested information on Exhibit B. Agreement—Exhibits A & B Page 10 EXHIBIT B PROFESSIONAL SERVICES CONTRACT CONSULTANT CHECKLIST Consultant's UBI No. 232-002-101 Consultant's Federal Tax ID No. 91-6001354 Consultant Type: Local county government Program Name: In Lieu Fee Mitigation Funding Source Name/Number: Not applicable—funds are not federal. DBE Program Reporting (indicate as appropriate): Owned and Managed as Disadvantaged Business: ❑ Women Owned Business Enterprise ❑ Minority Owner Business Enterprise ❑ Veteran Owned Business Enterprise ❑ Community Based Organization If certified by Washington State's Office of Minority and Women Owned Business Enterprise (OMWBE) www.omwbe.wa.gov or Department of Veterans Affairs (DVA), enter the certification number: N/A Certifications ©Provide current IRS W-9 Form Provide proof of WA Dept. of Revenue Account in Good Standing County government Provide proof of WA Labor &Industries Account in Good Standing or Exemption(if no employees) County government Other Licenses or permits if needed: N/A Construction contractor registration number and expiration if needed: N/A Insurance (as applicable): Contractor has WA Counties Risk Pool Membership Certification thru 10/1/20 Commercial Auto Liability (if claiming mileage--use HCCC Mileage Report if included in tasks) Commercial General Liability (naming HCCC as additional insured) Professional Liability Insurance Workers' Compensation and Employer Defense Insurance Agreement—Exhibits A & B Page 11 Notice: The Hood Canal Coordinating Council is an equal opportunity employer will not discriminate on the basis of race, creed, color, national origin, ancestry, sex, marital status, gender, sexual orientation, age [40 and over], maternity, and childbirth, honorably discharged veteran or military status, disability, genetics, HIV and/or Hepatitis C status, use of a trained guide dog or service animal by a person with a disability, or other protected class [legally recognized] under federal, state or local law. Persons requiring reasonable accommodation in the application process or requiring any information in an alternative format may contact 360-394-0046. Inquiries about the HCCC's compliance may be directed to Scott Brewer,Executive Director. Agreement—Exhibits A & B Page 12 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh Action Agenda _ Public Hearing Other _x DEPARTMENT: Support Services EXT: 644 DATE: March 24, 2020 Agenda Item # 9. (Commissioner staff to complete) BRIEFING DATE: 2/24/2020 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: OTHER BUSINESS — Public Hearing scheduled for April 7, 2020 at 9:15 for Community Development Block Grant— Public Services will be held as scheduled and we encourage citizens to participate by sending in questions or comments in advance. Background: The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from lower income persons residing in the Mason County area. An overview of the proposed public services is posted on Mason County's website— www.co.mason.wa.us. Recommended Action: Request the Board encourage participation by viewing via live stream at http://masonwebtv.com/. Questions can be submitted in advance to kbergh©co.mason.wa.us or by phone at 360-427-9670 ext. 644. Public comments can be submitted in advance to mdrewry(aco.mason.wa.us or by phone at 360-427- 9670 ext. 419. Attachment(s): Public Hearing Notice CDBG Fact Sheet CDBG Eligible Activities J:I Grants I CDBG Public Service Grant12020-2021 I Agenda Item Summary-CDBG PS OTHER BUSINESS.doc NOTICE OF PUBLIC HEARING PUBLIC SERVICE-COMMUNITY DEVELOPMENT BLOCK GRANT NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in the Commission Chambers at Mason County Building I, located at 411 N. 5th Street, Shelton, Washington, on Tuesday, April 7, 2020 at 9:15 AM. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from lower income persons residing in the Mason County area. $102,225 is proposed to be available annually to the County and the Community Action Council of Lewis, Mason and Thurston Counties to fund public services that principally benefit low-to moderate-income persons. An overview of the proposed public services will be available for review at the Mason County Commissioners' Office located at 411 N. 5th Street, Shelton, Washington from March 3, 2020 through March 31, 2020 and on Mason County's website— www.co.mason.wa.us. Comments may also be submitted in writing to the Mason County Commissioners, 411 N. 5th Street, Shelton, WA 98584. Comments will be accepted until March 27, 2020. Comments on Mason County's and Community Action Council of Lewis, Mason and Thurston Counties program's past performance and use of 2019 CDBG Public Services Grant will also be received. The Commission Chambers is handicap accessible. Arrangements to reasonably accommodate special needs, including handicap accessibility or interpreter, will be made upon receiving twenty-four (24) hour notice. Contact the Commissioners' Office at 360-427-9670 Ext. 419, 411 N. 5th Street, Shelton, WA 98584. ELIGIBLE ACTIVITIES CDBG eligible activities can be found in the Code of Federal Regulations: Title 24-Housing and Urban Development, Chapter V, Part 570, C, Section 570.201 on page 40 of this guide. Further definitions of CDBG eligible public services and specific guidance on housing-related services are also in this guide. To be CDBG eligible, the service must meet the following five criteria: 1. Be on HUD's list of public services, or be a substantially similar service and not on the list of ineligible public services. 2. Be identified as a new service or an increased/improved level of service. See instructions to this application's Project Description and LMI Benefit Table for definitions. 3. Be directly linked to delivery of a specific service to a client. 4. Principally benefit low- and moderate-income (LMI) persons. See instructions to this application's Project Description and LMI Benefit Table for more information. The current Income Limits chart is on the CDBG website under Guidance Materials and LMI is up to 80% of median household income by family size. 5. Target residents of CDBG non-entitlement areas (outside of CDBG entitlement cities). The state CDBG program cannot fund activities that benefit residents in CDBG entitlement cities, since these cities receive CDBG funds directly from HUD. The ineligible CDBG entitlement cities, located in eligible state CDBG counties are: Anacortes Longview Walla Walla Bellingham Mount Vernon Wenatchee East Wenatchee Pasco Yakima Kennewick Richland • INELIGIBLE ACTIVITIES In general, any activity not described above is not eligible. Specifically, Public Services Grants cannot fund: 1. Activities and administrative costs eligible under another CDBG fund, such as: • Planning and community organization activities, not directly linked to the delivery of an eligible public service to a client. Unlike CSBG, CDBG cannot fund general outreach activities or partnership building activities, unless you can count and report on the clients receiving a direct service from those activities. • Housing rehabilitation, including weatherization • Facility acquisition, construction or renovation 2. Administrative costs for the general management of the organization 3. Lobbying and political activities 4. Direct payments to individuals for their food, clothing, utilities or other income payments. (Income payments or emergency vouchers paid to a third party for no more than three consecutive months may be eligible.) 5. New housing construction costs, including administration of new housing development programs Contact Jeff Hinckle at(360) 725-3060 or ieff.hinckle(a commerce.wa.00v if you have any questions. iorarGsiper en►`glvfsian `` :ICDepartment of Commerce D'efve�ft)'ent •�- � �__ _ _ • _ I B1Vtiil,\l J t� .'r�/ { xt y Strengthening,rural eoinmunities tiffrougli project + 5�� L= .,�_ j that 16:03'efitlbw o dkntaderate:fn cnvelpfirsons• GENERAL PURPOSE GRANTS $9,000,000 0 OUR CORE PURPOSE For planning or construction of public infrastructure,community facilities,affordable Grow and improve Jobs in Washington housing,and economic development projects. State by championing thriving communities,a prosperous economy, Competitive. Maximum grant up to$750,000 based on project type. Application materials available in March and due In June. and suitable infrastructure. ECONOMIC OPPORTUNITY GRANTS $1,000,000 PROGRAM CONTACT Kaaren Roe For state and local priority projects resulting in economic resilience and development Section Manager in rural communities. Local Government Division Competitive. Application materials available in July and accepted after the state 360.725.3018 Capital Budget is approved. kaaren.roe@commerce.wa.gov HOUSING ENHANCEMENT GRANTS $200,000 ® ELIGIBILITY GUIDELINES: For off-site infrastructure or the community facility component of a state Housing Eligible applicants are Washington State Trust Fund project. cities/towns with less than 50,000 in Competitive. Maximum grant generally$200,000. Application materials available in population and not participating in a CDBG July and accepted with a HTF Stage 2 application. entitlement urban county consortium;and counties with less than 200,000 in PUBLIC SERVICES GRANTS $1,500,000 population.Eligible cities/towns and For 17 counties and community action agencies to fund new or expanded services for counties are listed on the CDBG website, lower Income persons. Allocated by formula based on population and poverty. Application materials Special purpose districts,public housing available in February and due in April. authorities,community action agencies, economic development councils,other non-profit organizations,and Indian tribes HUD NATIONAL OBJECTIVES are not eligible to apply directly to the state CDBG Program for funding,but may CDBG project activities must meet one of three HUD National Objectives: be a partner in projects and subrecipient • Principally benefits low-and moderate-income(LMI)persons of funding with an eligible city/town or • Aids in the prevention or elimination of slums or blight county applicant. • Addresses imminent threat to public health or safety 1011 Plum Street SE,Olympia,WA 98504 ht t n:/jwww.commerce.wa.gov/cdbg ii 1/10/18 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda Public Hearing _X_ Other DEPARTMENT: Support Services EXT: 532 DATE: March 24, 2020 (Continued from March Agenda Item #Z. / 17th, 2020 Public Hearing) (Commissioner staff to complete) BRIEFING DATE: February 10, 2020 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Hold a Public Hearing on March 17, 2020 at 9:15 a.m. to consider approval of budget supplemental appropriations and amendments to the 2020 budget. Background: Requests for 2020 budget supplemental appropriations and amendments. Total Adjustments to authorized expenditure appropriations in the General Fund: $274,162 Total Adjustments to authorized expenditure appropriations in funds other than the General Fund: $976,823 J:\Budget Office\Briefing, Agenda,&Public Hearing Items\Budget Hearings\2020\3.17.20 Budget Hearing\Public Hearing Cover Sheet 3.24.20.docx ORDER 2020 Budget IN THE MATTER OF: BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENTS - NOTICE OF HEARING RESOLUTION NO. 2020-18 DATED AND PASSED: February 18, 2020 FOR BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENTS OF: WHEREAS, a notice was published and a public hearing was held in accordance with RCW 36.40.100 and RCW 36.40.195 and with Resolution No. 2020-18 (see Attachment A which is incorporated as part of this order). THE BOARD OF. COUNTY COMMISSIONERS OF MASON COUNTY, hereby approves the budget supplemental appropriations and amendments to the 2020 budget as follows: Total Adjustments to authorized expenditure appropriations in the General Fund: $274,162 Total Adjustments to authorized expenditure appropriations in funds other than the General Fund: $976,823 BE IT FURTHER RESOLVED that these Budget Amendments and Transfers will be expended and recorded in the 2020 budget as listed in Attachment B which is also incorporated as part of this order. PASSED in open session this 17th day of March, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief Deputy Prosecuting Attorney Kevin Shutty, Commissioner C: Auditor Financial Services Treasurer RESOLUTION NO.2J 1°-� o 2020 BUDGET BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENT REQUESTS-NOTICE OF HEARING WHEREAS, by reason of conditions which could not be reasonably foreseen at the time of making the budget for the year 2020,it is necessary to make provisions for supplemental appropriations and amendments to the budget as required by RCW 36.40.100,and RCW 36.40.195;and WHEREAS,the revenue and expenditure adjustments to County funds, as listed in Attachment A& B to this Resolution, are required in order to incorporate into the budget the revenues and expenditures now identified,which were not known at the time of original budget adoption;and WHEREAS,the net total of adjustments to 2020 authorized expenditure appropriations in the General Fund is an increase of$274,162;and WHEREAS, the net total of adjustments to 2020 authorized expenditure appropriations in funds other than the General Fund is an increase of$976,823;and THEREFORE,BE IT RESOLVED BY THE Board of Mason County Commissioners: That the 17th day of March,2020 at the hour of 9:15 a.m.,in the Mason County Commissioners Chambers in Courthouse Building I,411 North 5th Street,Shelton,Washington,is hereby fixed as the time and place for a public hearing upon the matter of Budget Amendment Requests to the 2020 Budget as provided in Attachment A&B to this Resolution. Contact person:Jennifer Beierle, Budget Manager,(360)427-9670 ext.532 A copy of this resolution and the proposed amendments to the 2020 budget is available by contacting Kelly Bergh at(360)427-9670 ext.644. The Clerk of the Board is hereby authorized,empowered,and directed to cause notice of such hearing to be published as provided by law. DATED this 18th of February,2020 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON 7.: 10/ Me issa revery,Clerk of the Board Sharon Trask,Chair APPROVED AS TO FORM: / - .. Ra y Neat , ommissioner Tim Whitehad,--Chief DPA • CC: Auditor—Financial Services Kevin Shutty,Corn issioner Publish 2x 2/27&3/5 bill to Commissioners, 411 North 5th Street,Shelton I.y:,�..rRppir. C i ivy I ...'. ' IrT ,F ATTACHMENT A TO RESOLUTION NO. 202.O-I g' 2020 BUDGET AMENDMENT#1 DETAIL 2020 2020 FUND REVENUE EXPENDITURE LINE NO. FUND NAME DEPARTMENT CHANGE CHANGE DESCRIPTION 1 001 GENERAL FUND WSU 2,235 NU GENERAL WAGE INC 1.75%Res#101-19 2 001 GENERAL FUND ASSESSOR 1,456 NU GENERAL WAGE INC 1.75%Res#101-19 3 001 GENERAL FUND AUDITOR 3,509 NU GENERAL WAGE INC 1.75%Res#101-19 f 4 001 GENERAL FUND DEM 647 NU GENERAL WAGE INC 1.75%Res#101-19 5 001 GENERAL FUND FACILITIES 1,575 NU GENERAL WAGE INC 1.75% Res#101-19 6 001 GENERAL FUND HR/RISK 5,177 NU GENERAL WAGE INC 1.75%Res#101-19 7 001 GENERAL FUND CLERK 1,299 NU GENERAL WAGE INC 1.75%Res#101-19 8 001 GENERAL FUND SUPPORT SERVICES 10,187 NU GENERAL WAGE INC 1.75%Res#101-19 9 001 GENERAL FUND DISTRICT COURT 1,823 NU GENERAL WAGE INC 1.75%Res#101-19 10 001 GENERAL FUND DCD 4,756 GNU GENERAL WAGE INC 1.75%Res#101-19 11 001 GENERAL FUND PARKS&TRAILS 647 NU GENERAL WAGE INC 1.75%Res#101-19 12 001 GENERAL FUND JUVENILE CT SRVS 3,650 NU GENERAL WAGE INC 1.75%Res#101-19 13 001 GENERAL FUND PROSECUTOR 4,851 NU GENERAL WAGE INC 1.75%Res#101-19 14 001 GENERAL FUND CHILD SUPPORT ENF 1,143 NU GENERAL WAGE INC 1.75%Res#101-19 15 001 GENERAL FUND SHERIFF 10,722 NU GENERAL WAGE INC 1.75%Res#101-19 16 001 GENERAL FUND OPD 3,261 NU GENERAL WAGE INC 1.75%Res#101-19 17 001 GENERAL FUND SUPERIOR COURT 5,369 NU GENERAL WAGE INC 1.75%Res#101-19 18 001 GENERAL FUND THERAPEUTIC CRT 3,180 NU GENERAL WAGE INC 1.75%Res#101-19 19 001 GENERAL FUND TREASURER 1,520 NU GENERAL WAGE INC 1.75%Res#101-19 20 105 COUNTY ROAD 23,986 NU GENERAL WAGE INC 1.75%Res#101-19 21 110 CRIME VICTIMS 966 NU GENERAL WAGE INC 1.75%Res#101-19 22 114 VICTIM WITNESS 781 NU GENERAL WAGE INC 1.75%Res#101-19- 23 150 COMM SRVS HEALTH 4,502 NU GENERAL WAGE INC 1.75%Res#101-19 24 160 LAW LIBRARY 72 NU GENERAL WAGE INC 1.75%Res#101-19 25 402 MC LANDFILL 2,259 NU GENERAL WAGE INC 1.75%Res#101-19 26 403 NBC!SEWER UTILITY 1,506 NU GENERAL WAGE INC 1.75%Res#101-19 27 411 RUSTLEWOOD S&W 540 NU GENERAL WAGE INC 1.75%Res#101-19 28 412 BEARDS COVE WATER 242 NU GENERAL WAGE INC 1.75%Res#101-19 29 413 BELFAIR SEWER 684 NU GENERAL WAGE INC 1.75%Res#101-19 30 500 INFO TECHNOLOGY 667 NU GENERAL WAGE INC 1.75%Res#101-19 31 501 ER&R 3,585 NU GENERAL WAGE INC 1.75%Res#101-19 34 001 GENERAL FUND AUDITOR 3,063 ADD TRAVEL THAT WAS CUT IN 2020 BACK IN 35 001 GENERAL FUND FACILITIES 40,000 JANITORIAL SERVICES CONTRACT INCREASE TO FUND REMAINING PORTION OF.5 FTE IN 36 001 GENERAL FUND FACILITIES 6,805 FACILITIES DEPT($20,632 IS IN BUDGET) 37 001 GENERAL FUND CLERK 5,366 RECLASS CHIEF DEPUTY-RANGE 27 TO 29 38 001 GENERAL FUND JUVENILE CT SRVS _ 5,051 RECLASS DEPUTY ADMIN-RANGE 33 TO 35 TRANSFER CASH FROM SHERIFF SPECIAL FUNDS TO PRISONER WELFARE&GENERAL DONATIONS 39 001 GENERAL FUND SHERIFF 80,000 80,000 TO CLOSE OUT FUND 140 CREATING BUDGETED REVENUE&EXPENSE LINES FOR PRISONER WELFARE&DONATIONS 40 001 GENERAL FUND SHERIFF 29,432 29,432 PREVIOUSLY PART OF FUND 140 41 001 GENERAL FUND MOTOR POOL 10,000 INITIAL OPERATING BUDGET AUTHORITY .5 FTE BUDGETED TO MP DEPARTMENT(.5 FTE 42 001 GENERAL FUND MOTOR POOL 27,438 WILL BE BUDGETED TO FACILITIES) 43 105 _COUNTY ROAD 38,925 38,925 FHWA GRANT-HARSTINE 1SL BRIDGE DECK 44 105 COUNTY ROAD _ 262,000 PATCH TRUCK ORDERED IN JULY OF 2019 SHERIFF'S SPECIAL TRANSFER OUT CASH BALANCES TO PRISONER FUNDS WELFARE, DONATIONS,BOATING,&NARCOTICS 45 140 330,000 1 330,000 INVESTIGATION ' Page 1 of 2 ATTACHMENT A TO RESOLUTION NO. 2020`jg 2020 BUDGET AMENDMENT#1 DETAIL 2020 2020 FUND REVENUE EXPENDITURE LINE NO. FUND NAME DEPARTMENT CHANGE CHANGE DESCRIPTION SHERIFF'S BOATING TRANSFER CASH FROM SHERIFF SPECIAL FUNDS 46 141 PROGRAM _ 160,000 160,000 TO CLOSE OUT FUND 140 CREATING BUDGETED REVENUE&EXPENSE SHERIFF'S BOATING LINES FOR BOATING PREVIOUSLY PART OF FUND 47 141 PROGRAM 48,947 48,947 140 NARCOTICS TRANSFER CASH FROM SHERIFF SPECIAL FUNDS 48 142 INVESTIGATION 90,000 . 90,000 TO CLOSE OUT FUND 140 _ CREATING BUDGETED REVENUE&EXPENSE NARCOTICS LINES FOR NARCOTICS INVESTIGATION 49 142 INVESTIGATION 6,797 6,797 PREVIOUSLY PART OF FUND 140 INC TRANSFER IN DUE TO FACILITIES ADDITIONAL 50 500 INFO TECHNOLOGY 214 214 .5 FTE INC TRANSFER IN DUE TO FACILITIES ADDITIONAL 51 502 UNEMPLOYMENT 150 150 .5 FTE GENERAL FUND TOTAL 109,432 274,162 OTHER FUNDS TOTAL 675,033 976,823 ALL FUNDS GRAND TOTAL. 784,465 _1,250985: G I E C.,I E h 1' Page 2 of 2 ATTACHMENT oTO RESOLUTION NO. 2020 BUDGET AMENDMENT#1 DETAILED BUDGET ENTRIES Proposed ouugetedEFa Account Type xo Revenue Expenditure creChanue Total Description 001.000000.010.000.571.21.510030.0000u0. z | 1,264 OFFICE MANAGER 001.000000.010.003.553a0.510060.0000.00- z | 971 conno|mxTox 001.000000.020.000.614.24.510020.0000.00. z | 1'456 _ CHIEF DEPUTY 001.000000u30.031.514.23.510020.0000.00. z | z'ooy . CHIEF FINANCIAL OFFICER 001.000000.030.034.514.40.510010.0000-00- 1 | 1'500 ELECTIONS SUPERINTENDENT 001.000000.050o00.525.10.610010u000-00. 1 | s*n osmmANAscn uoz.ou0000.oss.000.szu.ao.szoozo-0000-oo- z | 1'575 . FACILITIES MANAGER 001.000000.057.000.518.10.510010.0000.00. z \ 1,575 HUMAN RESOURCE/RISK MANAGER 001.000000.057.000.518.10.510020.0000.00. 1 | 1'246 ^ pcxsomwcL ANALYST 001.000000.057.100.518.90.510030u000.00. z | 1'198 RISK/SAFETY COMPLIANCE MANAGER 001o00000.057.200.514.20.510010.0000-00- z | _ 579 xoxx|Ncisno 001.000000.057.200.521.10.510010.0000-00. z | 57e Aoxx|mcLsnK 001.000000.070.000.512.30.510020.0000.00. z / 1,299 CHIEF DEPUTY Voz.000000u90.000s1130.510010.0000-00- z \ _ 1,158 CLERK oF BOARD/CLAIMS Aom|N 001.000000.090.000.513.10.510005.0000o0- z | z'ous SUPPORT SERVICES DIRECTOR 001.000000.090.000.513.10.510010-0000.00. z | _ | 1'575 ADMINISTRATIVE SUPERVISOR 001.000000.090.000.513.10.510030.0000.00. z | yzz sccxcTAmyxcccpT|ow|sr 001.000000.090.000.513.10.510040.0000.00. z | yur sEcncTAmyxccspTmm/sr 001o00000u90.000s14.20s10020.0000.00. z | 1'694 BUDGET MANAGER 001.000000.090.000.514.20.510030.0000u0- 1 | _ 1,216 FINANCIAL ANALYST 001.000000.180.000a12.*0.510020.0000.00. 1 | 1,203 COURT ADMINISTRATOR 001.000000.100.173.523.33.510020.0000u0. z | _ ozo Aoxx/m|aTxATon 001.000000.125.140.558s0.510005.0000.00- _ z | 451 COMMUNITY sxvcsDIRECTOR ooz'000000'1251405585os10007000000. 1 | 1,693 PERMIT ASSISTANCE CENTER Mmsx 00100000012514555860510005000000. z | 451 iCoxxMuw|TvsnVcsDIRECTOR 001.000000.125,145.558.60.510052.0000.00. z | uss |PLANNING MANAGER _ 001.000000.125.1*6.558.60,510005.0000.00- z | 451 |CoxxxxUNOYSmxCSDIRECTOR 001.000000.125.146.558.60.510010.0000-00. 1 | oss PLANNING MANAGER 001.000000.146.000.576.80.510780u000.00. z | 647 PARKS mTxmaMANAGER 001.008000.170.000.52�31.510uzu0000-00- I | / 1,914 xnm|w|STRxTox _ 001.000000.170.000.523.31.510020.0000-00- z | 1,736 DEPUTY ADMINISTRATOR 001.000000.180.000.515.31s10040.0000.00. z | 1'496 ! |Aom|m|srxAr|vsMANAsEx ooz.uuu000.zuoonn.szsaz.szuoso-u000.00. 1 / 1,065 1 LEGAL SECRETARY 001o00000.180o00.515.31.510090-0000-00- z | 1,065 JAom|w|sTxATwEsscncn^nY oo1.000000.180.000.515.31.510091.0000.00. z | _ *ya sscxcn^myxEccpT|ow|sr ooz.00000u.zxo.000.szs.»z.szooyz.0000.ou. z \ sss ADMINISTRATIVE SECRETARY ooz.nuouoo.zxo.00V.szs.yz.szozoo-OooU-Uo. z | asy ADMINISTRATIVE SECRETARY 001.000000.185.000.515.80.510050.0000.00. z | 78 ADMINISTRATIVE SUPERVISOR 001.000000.185.000.515.80s10090.0000.00. z \ 1,065 ADMINISTRATIVE SECRETARY 001.000000.205.265.521.10.510010u000-00. z _ 1 2'648 sxcmpr 001.000000.205.265.521.10.510020.0000.00. z | 2,523 umoExsxsmFF 001.000000.205.265.521.10.510100-0000.00- 1 | 1,499 FINANCE MANAGER 001.000000.205.270.523.60.510001.0000.00- 1 / 2,231 bmLcmcr 001.000000.205.2/0.523.60.510152.0000.00- 1 | 1,821 ucuTcmAwT 001.000000.240.200.515.91.510010-0000-00. 1 | 2,086 CHIEF PUBLIC DEFENDER 001.000000.2*0.200.515.91.510080.0000.00. z | 1,175 ADMINISTRATIVE ASSISTANT 001.000000.250u80-512.21.510030-0000-00- z | 1,816 COURT ADMINISTRATOR 001.000000.250.000.522.21.510130.0000.00. 1 | 1,234 COURT xEcoxocx/Juo|ovLASSIST 001.000000.250.000.512z1.510140.0000.00. z | 1,085 COURT RECORDER/JUDICIAL ASSIST 001.000000.250.000.sz2.21.510150.0000-00- z | 1'234 couxTxccoxoENFAc|UTATOR unz.00O000.zso.zoo.sIz.azszouzs.uoun.ou. z | 1,*27 __. pxosnxM MAmmscn 001.000000.256.100s12.22.510035.0000.00. z / _ uy« |c^aEvxonxcx 001.000000.256.100.512.22.510045.0000.00- 1 | uss pxccmSewonKsx 001.000000.260u00sz4.22.510020u000u0. z ( 1,520 CHIEF DEPUTY ooz.000uoo.yzo.00n.sou-xus000uu-0000-ou- 1 o ' 67'007 5ueJyz !END FUND BALANCE UNRESERVED los.00u000.000.000s42.10.510035.0000.00. 1 | 670 oPsxaMmNT/cn&nAow|w/sTxmn 105.000000u00.000.542.10.510100.0000o0. z / z'z,a __ROAD OPERATIONS MANAGER 105.000000.000u00s42.10s10110.0000.00. z | 1,780 ASSISTANT ROAD opcn&MAIN SUP ___ 105.000000.000.000.542.10.510120o000.00. z | z'soy ROAD SUPERVISOR 105u00000u00.000.542.10.510130.0000.00. 1 / 1's75 ROAD SUPERVISOR 105.000000u00.000.542.10.510140.0000o0- 1 | 1.575 _ ROAD SUPERVISOR 105.000000.000.000.543.10.510010-0000-00. z | _ 1,221 PUBLIC WORKS DIRECTOR 105.000000.000.000.543.10.510020.0000.00. 1'817 COUNTYcms/mccn L jus.oo000Q.000u00.543.10.510030.0000,00.- osa |p|wAmccMAmAasn r�'�, ``/'-^x Page 1of4 A17ACHMENTuTO RESOLUTION NO. —/� 2020 BUDGET/IVIEN0NENT#1 DETAILED BUDGET ENTRIES Proposed uvuoeteuEFu Account TVpu I/o x=mnve Expenditure EpoChanue Total Description 105.000000o00.000.543.10.510070.0000.00. z | _ � 1'070 OFFICE ADMINISTRATOR 105.000000.000.000.544.20.510020.0000.00. 1 | 227 COUNTY ENGINEER 105.000000.000.000.544.20.510025.0000.00. z | 1,e57 � _ TECHNICAL SERVICES MANAGER 105.000000u00u00.544.20.510150.0000.00. z \ 1,201 ENGINEERING&cONSTMANAGER 105.000000.000.000.544.20.510200-0000.00. z | 1'736 TRANSPORTATION PLANNING SUPvSn 105.000000.000.000.544.20.Sz0210.0000.00. 1 | z'asu ENs|wssn 105.000000.000.000.544.20.510230.0000.00. 1 _ | 1,736 cNG|wcsFVxYonAuuccwG|wcsx 105.000000.000.000s44.20.510240.0000.00. z | xxs _ cma|mcsn 105.000000.000.008595.10.510020.0000.00- z | zxr sms|wccx 105.000000.000.000.595.10.510150u000.00. 1 | xOz ENGINEERING&coNs7MANAGER 105.000000.000.000395.10f10240.0000.00. z ( 1'153 sms|mEsx 105.000000.008.100.543.10.510025.0000.00. z | zce TECHNICAL SERVICES MANAGER 105.000000.000u00.508.10.500000-0000.00. 1 o za'yuo z'ozy'oz* END FUND RESERVED 110.000000.000.000.*15J0.510091.0000.00. z | --� 433 CRIME v|cT|x^'sASSIST 110.000000.000.000.515J0.510100-0000-00- z | 533 CRIME v|[r|xx'sASSIST 110.000000.000.000.509.10.500000.0000-00- z o e66 85,131 END FUND RESERVED 114.000000.000.000.515J0.510091.0000.00. z | 781 VICTIM WITNESS^SST 114.000000.000.000.508.10.500000.0000.00. z o 781 16,852 END FUND RESERVED 150.000000.100.000.562.10.510010.0000-00- 1 | z'yso COMMUNITY snvcsDIRECTOR 150.000000.100.000.562.10.510015.0000.00. 1 | z,s/s FINANCE MANAGER 150u00000s00u00.562.50.510015.0000.00- -- z | 1.573 ENVIRONMENTAL HEALTH MANAGER 150.000000.000u00.508.10.500000u000.00- z o 4,502 15'372 END FUND RESERVED 180.000000.000.000.572.20.5zoz^0.0000.00- z | 72 LAW LIBRARIAN CLERK 160.000000.000.000.508.10.500000-0000.00. z n 72 e0,008 END FUND RESERVED 402.000000u00u00.537u0.510995.0000.00- 1 | 1.351 pKDGm^M MxwwsEx _ 402.000000u00u00.539.10.510010.0000u0. z | 579 UTILITIES/PUB WORKS DIRECTOR L 402.000000u00.000.538.10a10030.0000.00. 1 | zsz FINANCE MANAGER 402.000000.000.000.538.1uszOo70.0000-00. z | 97 PUB wxs OFFICE msn 402.000000.000.000.508.10s00000-0000.00. z u . a'usy 486'373 END FUND RESERVED 403.000000.100.020.535.83.510046.0000.00. z | 1.069 WATER&WASTEWATER MANAGER 403.000000.100.020.538.10.510010�0000-00- z 279 UTILITIES/PUB WORKS DIRECTOR 403.000000.100.020.538.10.510030.0000.00- z | zzz |nwAmccmAw*asx 403.000000.100.020.538.10.510070.0000.00. z ' | os |PUavxKS OFFICE xxmn 403.000000.100.020.508.10s00000.0000.00- z o 1,506 593'841 END FUND RESERVED 411.000000.100.000.535.81.510045u000.00. z | 179 opcxxTox oz1.0000Ou.zoo.o0us3u.1O.sz0o1nuououo- z | su Vr|L0s$puo WORKS DIRECTOR 411.000000.100.000.538.10.510030.0000.00. 1 i zs FINANCE MANAGER *11.000000.100-000.538.10.510070.0000.00- zu _ PUB wxs OFFICE xxan 411.000000.200.000.534.81.510045u000u0- 179 OPcxxrox 411.000000.300.000.E38.10.510010-0000.00. z | su _ UTILITIES/PUB WORKS DIRECTOR 411.000000.200u00.538.10.510030.0000.00. z | | zs .. nmAwcE MAmxssx 411.000000.200.000.538.10.510070.0000.00. z | zo | PUB vvxs OFFICE xxan 411.000000.000.000.508.10.500003-0000.00. z o _ 540 5'706 END FUND RESERVED 412.000000.200.000.534.82.510045.0000.00. z | | 144 openxron 412.000000.200.000.538.10.510010.0000.00. --1 | oy UTILITIES/PUB WORKS DIRECTOR 412.000000.200.000.538.10.510030u000.00- z | zs FINANCE MANAGER 412.000000.200.000.538.10.510070u000.00. / z | | zo PUB vvm OFFICE xxan _ *zz.ou000n.00u-moo-sou.zo-son000-oocm-oo. z o 24.2 585,080 END FUND RESERVED _ 413.000000.000.000.535.84.510045.0000.00. z / uyz opcx*Tox 413.000000u00.000.538.10.510010.0000.00. z | 187 UTILITIES/PUB WORKS DIRECTOR 413.uoouno.000.000.538.10.510030.0000-00. z | zs FINANCE MANAGER 4z»ou0000'0000no' 'sau'zo'szoo700000'oo 1 | so PUB wxs OFFICE xxsn u u� 000uuoonouuosouzns0000u0000n— | z o --' oo« 37a,usz �woFUND RESERVED so—ommmzoonoouszu.uusunuummo.ou 1 _L_ mos7 |wFox�^ omxsnxmmmxscn suo.0000uo.00u000.sox.zo.suoouu.uoon.uo. z m aor 31'137 END FUND RESERVED 501.000000u00.000.548.30.510030.0000-00. 1 | «yo � _ FINANCE MANAGER su1�oouon.000.noo.s4u.suszoousu000un. — z | 670 opcnmwA|wT/En&nxnxx|w|srnxTo_ 501.000000o00.000s48.30.510070.0000.00. z | as PUB wxsOFFICE Mso 501.000000.000.000.548.30.510100-0000-00. z / _ /84 osp DIRECTOR max 501u00000u00-000.548.30.510760u000.00. 1'575 EQUIPMENT Mmw7SUPERVISOR sozoououn000�oous0o.�u�su000n�nuoouo. z o | 3,585 �*zu.z7o END Fu�oRESERVED � � � 001.000000030.030-513.10,543010.0000-00- z | �om Txm/sL ' z~ | — x — usa Tn�w|ms/ous$xcsaTn^�om Foo�000V�u.0 �o�z.s14aa.s4yo2n.omm.ou. ' '' .� ^, ^ ` ``� ^ ' � / Page 2uf4 ATTACHMENT B TO RESOLUTION NO.a2O2tv-a 2020 BUDGET AMENDMENT#1 DETAILED BUDGET ENTRIES Proposed Budgeted EFB Account Type I/D Revenue Expenditure EFB Change Total Description 001.000000.030.033.514.81.543010.0000.00. I 1 I 850 TRAVEL 001.000000.320.000.508.80.500000.0000.00. 1 D 3,063 450,457 END FUND BALANCE UNRESERVED 001.000000.055.000.518.30.541030.0000.00. 1 I 40,000 JANITORIAL SERVICES 001.000000.320.000.508.80.500000.0000.00. 1 ( D 40,000 410,457 END FUND BALANCE UNRESERVED y 001.000000.055.000.518.30.510030.0000.00. 1 I 6,805 _ MAINTENANCE 001.000000.320.000.508.80.500000.0000.00. 1 D I 6,805 403,652 END FUND BALANCE UNRESERVED 001.000000.070.000.512.30.510020.0000.00. 1 I 4,452 _ DEPUTY ADMINISTRATOR 001.000000.070.000.512.30.520020.0000.00. 1 I 341 SOCIAL SECURITY/MEDICARE 001.000000.070.000.512.30.520030.0000.00. 1 I 573 STATE RETIREMENT 001.000000.320.000.508.80.500000.0000.00. 1 D 5,366 398,286 END FUND BALANCE UNRESERVED 001.000000.170.000.523.31.510020.0000.00. 1 I 4,191 I DEPUTY ADMINISTRATOR 001.000000.170.000.523.31.520020.0000.00. 1 I 321 SOCIAL SECURITY/MEDICARE 001.000000.170.000.523.31.520030.0000.00. 1 I 539 STATE RETIREMENT 001.000000.320.000.508.80.500000.0000.00. 1 D 5,051 393,235 I END FUND BALANCE UNRESERVED 001.000000.205.290.397.00.300140.0000.00. 2 I 60,000 TRANSFER IN-SHERIFF'S SPECIAL FUNDS 001.000000.205.290.341.70.300000.0000.00. 2 I 15,939 MERCHANDISE SALES 001.000000.205.290.369.91.300010.0000.00. 2 I 3,720 SECURUS VIDEO 001.000000.205.290.369.91.300000.0000.00. 2 I 473 MISCELLANEOUS REVENUE 001.000000.205.290.523.60.531010.0000.00. 2 I _ 3,650 INMATE SUPPLIES 001.000000.205.290.523.60.535010.0000.00. 2 I 300 SMALL TOOLS&MINOR EQUIPMENT 001.000000.205.290.523.90.541010.0000.00. 2 I 76,182 FOOD SERVICES 001.000000.205.295.397.00.300140.0000.00. 2 I 20,000 TRANSFER IN-SHERIFF'S SPECIAL FUNDS 001.000000.205.295,367.00.300000.0000.00. 2 I 9,300 DONATIONS 001.000000.205.295.521.10.520011.0000.00. 2 I 2,000 VOLUNTEER INDUSTRIAL INSURANCE 001.000000.205.295,521.10.520050.0000.00. 2 I 200 VOLUNTEER UNIFORMS 001.000000.205.295.521.10.531010.0000.00. 2 I I 100 VOLUNTEER SUPPLIES _ 001.000000.205.295.521.23.520050.0000.00. 2 I I 600 I UNIFORMS 001.000000.205.295.521.23.531010.0000.00. 2 I 1,935 [___ SUPPLIES&EQUIPMENT 001.000000.205.295.521.23.535099.0000.00. 2 I 3,250 TRACKABLE TOOLS&EQUIPMENT 001.000000.205.295.521.23.541010.0000.00. 2 I 19,070 PROFESSIONAL SERVICES 001.000000.205.295.521.23.543010.0000.00. _ 2 I 545 I__ i TRAVEL 001.000000.205.295.521.23.549020.0000.00. 2 I 1,600 TUITION,REGISTRATIONS,&MEMBER. 001.000000.305.000.548.70.531010.0000.00. 1 I 10,000 SUPPLIES 001.000000.320.000.508.80.500000.0000.00. 1 D 10,000 383,235 END FUND BALANCE UNRESERVED 001.000000.305.000.548.70.510030.0000.00. 1 I I 17,029 MAINTENANCE 001.000000.305.000.548.70.520010.0000.00. 1 I 833 INDUSTRIAL INSURANCE 001.000000.305.000.548.70.520020.0000.00. 1 I 1,303 SOCIAL SECURITY/MEDICARE 001.000000.305.000.548.70.520030.0000.00. 1 I 2,190 STATE RETIREMENT 001.000000.305.000.548.70.520035.0000.00. 1 I 390 TEAMSTERS PENSION 001.000000.305.000.548.70.520040.0000.00. 1 I 5,436 MED/DENT/VIS/LIFE 001.000000.305.000.548.70.520045.0000.00. 1 I 25 WA PD FMLA 001.000000.305.000.548.70.520050.0000.00. 1 I 50 UNIFORMS 001.000000.305.000.548.70.541501.0000.00. 1 I 107 RESERVE FOR TECH 001.000000.305.000.548.70.546096.0000.00. 1 I 75 UNEMPLOYMENT 001.000000.320.000.508.80.500000.0000.00. 1 D 27,438 355,797 END FUND BALANCE UNRESERVED 105.000000.000.000.333.20.320000.0000.00. 2 I 38,925 FED FHWA VIA WS ST DOT 105.000000.000.000.544.20.541000.0000.00. 2 - I 38,925 PROFESSIONAL SERVICES _ 105,000000.000.000.594.44.564000.0000.00. 1 I 262,000 CAPITAL MACHINERY&EQUIPMENT 105.000000.000.000.508.10.500000.0000.00. 1 D 262,000 1,361,814 END FUND RESERVED 140.000000.000.000.308.10.300000.0000.00. 2 I 330,000 BEGINNING FUND BALANCE 140.000000.000.000.597.00.500290.0000.00. 2 I 60,000 TRANSFER OUT-PRISONER WELFARE 140.000000.000.000.597.00.500300.0000.00. 2 I 20,000 I TRANSFER OUT-DONATIONS i_140.000000.000.000.597.00.500300,0000.00. .:I,2,., ,I..0 '.. .- ,.„', f.(-160,000 ITRANSFER OUT-BOATING _ . Page 3 of 4 ATTACHMENT B TO RESOLUTION NO. 2O ..o —I 2020 BUDGET AMENDMENT#1 DETAILED BUDGET ENTRIES Proposed Budgeted EFB Account Type I/D Revenue Expenditure EFB Change Total Description 140.000000.000.000.597.00.500300.0000.00. 2 1 90,000 TRANSFER OUT-NARCOTICS 141.000000.000.000.397.00.300140.0000.OD. 2 I 160,000 TRANSFER IN SHERIFF'S SPECIAL FUNDS 141.000000.000.000.333.97.301010.0000.00. 2 I 12,947 WA STATE PARKS GRANT 141.000000.000.000.336.00.384000.0000.00. 2 I 33,000 I VESSEL REGISTRATION FEES _ 141.000000.000.000.361.10.300000.0000.00. 2 I 3,000 I INVESTMENT INTEREST 141.000000.000.000.514.21.541510.0000.00 2 I 1,093 I STATE AUDITOR CHARGES 141.000000.000.000.521.22.512000.0000.00 2 I 22,0001_ OVERTIME 141.000000.000.000.521.22.520010.0000.00 2 I 512 INDUSTRIAL INSURANCE 141.000000.000.000.521.22.520020.0000.00 2 I 1,727 SOCIAL SECURITY/MEDICARE 141.000000.000.000.521.22.520030.0000.00 I 2 I 1,249 STATE RETIREMENT 141.000000.000.000.521.22.520040.0000.00 2 _ I 2,564 MED/DENT/VIS/LIFE 141.000000.000.000,521.22.520045.0000.00 2 I 34 WA PD FMLA 141.000000.000.000.521.22.532010.0000.00 2 _ I 3,031 _ FUEL USED 141.000000.000.000.521.22.535010.0000.00 2 I 330 SMALL TOOLS&MINOR EQUIPMENT 141.000000.000.000.521.22.541019.0000.00 2 I 5,330 INTERNAL ALLOCATION 141.000000.000.000.521.22.546010.0000.00 2 I 157 LIABILITY INSURANCE 141.000000.000.000.521.22.548010.0000.00 2 I 160 I BOAT REPAIRS&MAINTENANCE 141.000000.000.000.508.10.500000.0000.00 2 I 170,760 END FUND RESERVE 142.000000.000.000.397.00.300140.0000.00. 2 I 90,000 TRANSFER IN-SHERIFF'S SPECIAL FUNDS 142,000000.000.000.351.50.301000.0000.00. 2 I 3,637 DRUG FUND 142.000000.000.000.361.10.300000.0000.00. 2 1 160 INVESTMENT INTEREST 142.000000.000.000.369.30.300000.0000.00. 2 I 3,000 _ 142.000000.000.000.521.21.541010.0000.00. __2 I 242 PROFESSIONAL SERVICES 142.000000.000.000.521.21.544010.0000.00. 2 I _ 126 10%oSTATE CONFISCATION PAYMENT 142.000000.000.000.521.21.548011.0000.00. 2 I 101 REPAIRS AND MAINTENANCE 142.000000.000.000.521.22.541019.0000.00. 2 I 3,058 INTERNAL ALLOCATION 142.000000.000.000.521.21.549010.0000.00. 2 I 2,516 INVESTIGATING REVOLVING REIMB. 142.000000.000.000.508.10.500000.0000.00. 2 I 90,754 END FUND RESERVE 500.000000.000.000.348.40.300000.0000.00. 1 I 214 I RESERVE FOR TECH 500.000000.000.000.508.10.500000.0000.00. 1 I 214 I END FUND RESERVED 502.000000.000.000.341.97.300001.0000.00. 1 I 150 UNEMPLOYMENT 502.000000.000.000.517.78.520060.0000.00. 1 I 150 I UNEMPLOYMENT PAYMENTS I General Fund Total: I I 109,432 I 274,162 164,730 Other Funds Total: I I 675,033 I 976,823 301,790 I AllFurids.GrandTotal:,: _... , : ..:_ _ _<__ .__Tv ...784;465_:a_._1,250:985._ _4661520L____ ._...'__.. _..__ ___.._____•---___,.Y,.__:11.__:. �; �_. Page 4 of 4 Ii i_,7 , r ,i:is:-_'.,f ,'sly I,.:iyi'.'.-