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HomeMy WebLinkAbout2021/11/01 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF November 1, 2021 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. co���� 1854 To be in compliance with Proclamation by the Governor 20-25.14 and Order of the Secretary of Health 20-03.3, in-person attendance is restricted. Our Commission meetings are live streamed at http://masonwebtv.com/ and we will accept public comment via email dlz@co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of November 1, 2021 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly Monday and Thursday 8:00 A.M. Area Command Meeting* Public Works Meeting Room A 100 Public Works Way *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings Monday, November 1, 2021 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Executive Session — RCW 42.30.110 (1)(i) Potential Litigation 9:30 A.M. Support Services — Mark Neary 10:15 A.M. Community Services — Dave Windom 10:30 A.M. BREAK 10:35 A.M. Public Works — Loretta Swanson Utilities & Waste Management Noon BREAK 2:00 P.M. Elected Official/Director Meeting 2:30 P.M. 2022 Budget Workshop Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 10/28/21 at 3:23 PM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. °puH Mason County Support Services Department Budget Management Street 411 North 5 th Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Y Labor Relations /xu Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES November 1, 2021 • Specific Items for Review o Sub-recipient agreement with Community Action Council of Lewis, Mason and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG) —Jenn 0 2022 funding requests: EDC, $90,000 (same as 2021); Belfair Sewer for 2022 & 2023, $450,000 each year (same as 2021)—Jenn o ARPA funding contract with Crossroads Housing—Jenn o ARPA funding request from PUD 3 substation —Jenn o Park Comprehensive Plan Update virtual workshops news release— Diane o Human Resources recommendation for District Court Administrator Reclass and Reorganization Request— Mark o Juneteenth Holiday— Mark o Request for Feasibility and Closing Extensions for Public Works Lots 7 & 8— Mark • Commissioner Discussion J:ADLZ\Briefing Items\2021\2021-1 1-0I.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kelly Bergh for Mark Neary DEPARTMENT: Support Services EXT: 644 BRIEFING DATE: November 1,2021 PREVIOUS BRIEFING DATES: ITEM: Sub-recipient agreement with Community Action Council of Lewis, Mason and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG). EXECUTIVE SUMMARY: The County applied for and was awarded a Public Service CDBG grant through the Washington Department of Commerce. The County has partnered with the Community Action Council who will provide referrals and/or direct client services for eligible participants who are residents of Lewis or Mason County. This effort is funded under CDBG contract #20-62210-010 (CFDA 14.228). The contract total is $100,080 with a performance period of 7/1/2021 through 6/30/2022. This is a formula grant that can be applied for annually. The County has agreed to serve as the applicant and grantee for this program. $3,500 in grant funds will be used to off-set county administrative costs. The sub-recipient agreement with the Community Action Council is for $96,580. The primary responsibilities include providing referrals for a minimum of 6,430 individuals in Mason and Lewis counties of which a minimum of 3,279 must meet HUD's 51% income qualification. Responsibilities also include providing Children's Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 350 must meet current HUD's low-middle income qualifications. Services include; resource referrals, advocacy, support case coordination, child forensic interviews, technical assistance for victims of child abuse, and consultation and case support for victims of other crimes. BUDGET IMPACTS: This project is fully funded by the CDBG grant. RECOMMENDED OR REQUESTED ACTION: Request approval for the Chair to sign the sub-recipient agreement. ATTACHMENTS: Sub-recipient agreement with the Community Action Council of Lewis, Mason and Thurston Counties J:\Grants\CDBG Public Service Grant\2021-2022\Subrecipient\Briefing Summary-Subrecipient.doc ATTACHMENT 18-C (1) SUBRECIPIENT AGREEMENT BETWEEN MASON COUNTY AND COMMUNITY ACTION COUNCIL OF LEWIS, MASON AND THURSTON COUNTIES This Agreement is made between Mason County(herein called the Local Government) and Community Action Council of Lewis, Mason and Thurston Counties (herein called Subrecipient)for the 2021 Public Services Community Development Block Grant project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units-of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local,state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 21-62210-010 (CFDA 14.228),to fund the Project with Federal Award Identification Number B-21-DC-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above.The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plan and conduct on-site review • Ensure grant activities are completed • Conduct a final public hearing • Complete the grant close-out process with COMMERCE Revised 1/25/2021 Pagel of 21 ATTACHMENT 18•C (2) B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Principal Tasks • Provide referrals for a minimum of 6,430 individuals in Mason and Lewis Counties of which a minimum of 3,279 must meet HUD's 51% income qualification. • Provide Children's Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis Counties, of which a minimum of 350 must meet current HUD's low-middle income qualifications. • Formulate and submit required reports and payment requests to LOCAL GOVERNMENT in an accurate and timely manner. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Community Action Council of Lewis, Mason and Thurston Counties Name of Representative: Kirsten York, Interim CEO Mailing Address: 3020 Willamette Dr NE City, State and Zip Code: Lacey, WA 98516 Telephone Number: 360-438-1100 Fax: 360-491-7729 E-mail Address: kirsteny@caclmt.org U BI#: 600-503-120 B. Local Government: Mason County, Washington Name of Representative: Kelly Bergh Title: Financial Analyst Mailing Address: 411 N 51h Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360-427-9670 ext 644 Fax Number: 360-427-8437 E-mail Address: kbergh@co.mason.wa.us Revised 1/25/2021 Page 2 of 21 ATTACHMENT 18-C (3) 4. BUDGET The Local Government will pass through to the Subrecipient no more than $96,580 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount 05 Public Services $96,580 Indirect Cost Rate: _% Federally Approved Indirect Rate, or 10%de minimis rate, or fill out "N/A" declining to charge indirect Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant,the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10%of Modified Total Direct Costs (MTDC)will be used. "Modified Total Direct Costs" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. Revised 1/25/2021 Page 3 of 21 ATTACHMENT 18-C (4) If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT,the LOCAL GOVERNMENT may, upon written notice,withhold from amounts otherwise due and payable to SUB-RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages, provided that the LOCAL GOVERNMENT promptly gives notice in writing to the SUB- RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Office set forth in a notice to the SUB-RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the SUB-RECIPIENT, (3)to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the LOCAL GOVERNMENT under this clause. B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040,the Prevailing Wage Act;the Americans with Disabilities Act of 1990;the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise,to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the LOCAL GOVERNMENT, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the LOCAL GOVERNMENT. Revised 1/25/2021 Page 4 of 21 ATTACHMENT 18-C (5) D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of LOCAL GOVERNMENT. E. E-verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more. SUB- RECIPIENT represents and warrants that it will,for at least the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system: means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the LOCAL GOVERNMENT,to provide a copy of each such verification to the LOCAL GOVERNMENT. SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a)termination of the AGREEMENT and ineligibility for any Mason County contract for up to three (3)years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB-RECIPIENT would also be liable for any additional costs incurred by the LOCAL GOVERNMENT due to contract cancellation or loss of license or permit. SUB-RECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F. Disputes: Differences between SUB-RECIPIENT and LOCAL GOVERNMENT, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of LOCAL GOVERNMENT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated,the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: Subrecipient shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer or LOCAL GOVERNMENT,or (2)the happening of any event or occurrence, unless Subrecipient has given LOCAL GOVERNMENT a written Notice of Potential Claim within ten (10) days of the commencement of the act,failure, or event giving rise to the claim, and before final payment by LOCAL GOVERNMENT. The written Notice of Potential Claim shall set Revised 1/25/2021 Page 5 of 21 ATTACHMENT 18-C (6) forth the reasons for which Subrecipient believes additional compensation or extension of time is due,the nature of the cost involved, and insofar as possible,the amount of the potential claim. Subrecipient shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: Subrecipient shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by LOCAL GOVERNMENT, Subrecipient has given LOCAL GOVERNMENT a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or related to the AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by the AGREEMENT.There shall be one arbitrator selected by the PARTIES within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator.The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages.The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made no later than forty-five (45) days after the arbitration demand,the PARTIES agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,that either party may decline to mediate and process with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT,the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein,this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. Revised 1/25/2021 Page 6 of 21 ATTACHMENT 18-C (7) K. Communication: Subrecipient will not communicate directly with COMMERCE concerning this PROJECT without LOCAL GOVERNMENT's prior approval. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft,fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government as detailed in "Exhibit C Insurance Requirements." The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance Revised 1/25/2021 Page 7 of 21 ATTACHMENT 18-C (8) required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce,the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition,the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to)the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure,for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339,this Agreement may also be terminated by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination,the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination,the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the Local Government may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards Revised 1/25/2021 Page 8 of 21 ATTACHMENT 18-C (9) The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal,State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. Revised 1/25/2021 Page 9 of 21 ATTACHMENT 18-C (10) All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local Government's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement.The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration,cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 will be used to meet Revised 1/25/2021 Page 10 of 21 ATTACHMENT 18-C (11) one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time,the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to,the property after the CDBG program's approval. Such payment will constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten- year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold,the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a)transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. Revised 1/25/2021 Page 11 of 21 ATTACHMENT 18-C (12) B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance,take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135.The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract,will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under Revised 1/25/2021 Page 12 of 21 ATTACHMENT 18-C (13) this contract may be assigned to a bank,trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611,which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder.The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract,such contractor will attach an explanation to this contract. D. Copyright If this Agreement results in any copyrightable material or inventions,the Local Government and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use,the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 11. SEVERABILITY If any provision of this Agreement is held invalid,the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. Revised 1/25/2021 Page 13 of 21 ATTACHMENT 18-C (14) 12. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Exhibit A Scope-of-Work Exhibit B Budget Exhibit C Insurance Requirements Exhibit D Certificate of Insurance Exhibit E Sample forms and instructions IN WITNESS WHEREOF,the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. MASON COUNTY, WASHINGTON COMMUNITY ACTION COUNCIL OF LEWIS, MASON &THURSTON COUNTIES By: By: Randy Neatherlin, Chair Kirstwyork, Interim CEO Title: Title: CEO Date: Date: 10/21/21 Approved As To Form: Tim Whitehead, Chief DPA Revised 1/25/2021 Page 14 of 21 ATTACHMENT 18-C (15) EXHIBIT A SCOPE-OF -WORK The Community Action Council of Lewis, Mason and Thurston Counties (CAC) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (Commerce) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (LOCAL GOVERNMENT) policies and procedures. It is the CAC's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Conduct participant eligibility screening for Lewis and Mason county residents to determine program eligibility in compliance with CDBG requirements. 2. Provide referrals for a minimum of 6,430 individuals in Mason and Lewis counties of which a minimum of 3,279 must meet current HUD's low-middle income qualifications. 3. Provide Children's Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 350 must meet current HUD's low-middle income qualifications. Services include; resource referrals, advocacy, support case coordination, child forensic interviews, technical assistance for victims of child abuse, and consultation and case support for victims of other crimes. 4. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 5. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to LOCAL GOVERNMENT on a quarterly basis due October 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Kelly Bergh and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. LOCAL GOVERNMENT will be responsible for submitting completed requests to COMMERCE. See "Exhibit E Sample Forms and Instructions." B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to LOCAL GOVERNMENT on a quarterly basis due October 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. LOCAL GOVERNMENT will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions Kelly Bergh Mason County 411 N. 5th Street Shelton, WA 98584 kbergh(a).co.mason.wa.us Revised 1/25/2021 Page 15 of 21 ATTACHMENT 18-C (16) 6. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by LOCAL GOVERNMENT. 7. Participate and support on-site compliance reviews conducted by LOCAL GOVERNMENT per CDBG requirements. 8. Assist LOCAL GOVERNMENT with all aspects of program administration and requirements including grant close-out process as requested. 9. Assist with preparation of 2022 Public Services Grant application as requested by LOCAL GOVERNMENT. Revised 1/25/2021 Page 16 of 21 ATTACHMENT 18-C (17) EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of$96,580 allows for reimbursement requests for staff salaries and benefits including administration and accounting pooled costs. The SUB- RECIPIENT cannot use Community Development Block Grant (CDBG)funds from this AGREEMENT for travel, equipment, contracted services, materials/supplies and/or other indirect expenses. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as well as applicable Mason County's (LOCAL GOVERNMENT) policies and procedures. 5. SUB-RECIPIENT will provide LOCAL GOVERNMENT with a copy of the annual A-133 compliant audit within nine months of the end of CAC's fiscal year. Revised 1/25/2021 I Page 17 of 21 ATTACHMENT 18-C (18) EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for ail covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non- owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or SUB-RECIPIENT's employees will use personal autos in any way on this project, SUB-RECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to LOCAL GOVERNMENT for injury to employees of SUB-RECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of LOCAL GOVERNMENT following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUB-RECIPIENT agrees to endorse third party liability coverage required herein to include as additional insureds LOCAL GOVERNMENT, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUB-RECIPIENT also agrees to require all SUB-RECIPIENT s, subcontractors, and anyone else involved in this Contract on behalf of the SUB-RECIPIENT (hereinafter"indemnifying PARTIES") to comply with these provisions. B. SUB-RECIPIENT agrees to waive rights of recovery against LOCAL GOVERNMENT regardless of the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise. C. All insurance coverage maintained or procured by SUB-RECIPIENT or required of others by SUB- RECIPIENT pursuant to this Contract shall be endorsed to delete the subrogation condition as to LOCAL GOVERNMENT, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by LOCAL GOVERNMENT. SUB-RECIPIENT shall not make any reductions in scope or limits of coverage that may affect LOCAL GOVERNMENT's protection without LOCAL GOVERNMENT's prior written consent. Revised 1/25/2021 Page 18 of 21 ATTACHMENT 18-C (19) E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to LOCAL GOVERNMENT prior to the execution of this Contract. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, LOCAL GOVERNMENT has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by LOCAL GOVERNMENT shall be charged to and promptly paid by SUB-RECIPIENT or deducted from sums due SUB- RECIPIENT. F. It is acknowledged by the PARTIES of this Contract that all insurance coverage required to be provided by SUB-RECIPIENT or indemnifying party, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self-insurance available to LOCAL GOVERNMENT. G. SUB-RECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to LOCAL GOVERNMENT. If SUB-RECIPIENT's existing coverage includes a self- insured retention, the self-insured retention must be declared to the LOCAL GOVERNMENT. The LOCAL GOVERNMENT may review options with SUB-RECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUB-RECIPIENT will renew the required coverage annually as long as LOCAL GOVERNMENT, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until LOCAL GOVERNMENT executes a written statement to that effect. Revised 1/25/2021 Page 19 of 21 ATTACHMENT 18-C (20) EXHIBIT D CERTIFICATE OF INSURANCE Revised 1/25/2021 Page 20 of 21 ATTACHMENT 18-C (21) EXHIBIT E SAMPLE FORMS AND INSTRUCTIONS Revised 1/25/2021 Page 21 of 21 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: November 1, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Request to award funding from the .09 Rural County Sales & Use Tax Fund #103 EXECUTIVE SUMMARY: Two applications have been received for 2022 and 2023 funding: One from the Economic Development Council for$90,000 for 2022, and one from the Belfair Sewer fund for$450,000 in 2022 and $450,000 in 2023 From RCW 82.14.370 - "Moneys collected under this section may only be used to finance public facilities* serving economic development purposes in rural counties and finance personnel in economic development offices**. The public facility must be listed as an item in the officially adopted county overall economic development plan***, or the economic development section of the county's comprehensive plan..." *"Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroads, electrical facilities, natural gas facilities, research,testing, training, and incubation facilities in innovation partnership zones designated under RCW 43.330.270, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities in the state of Washington. **"Economic development office" means an office of a county, port districts, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county. (Mason County Economic Development Office) ***Comprehensive Economic Development Strategy Project List (CEDS) that is adopted by resolution by the Commissioners. BUDGET IMPACTS: Funding from .09 Fund #103 RECOMMENDED OR REQUESTED ACTION: Review scope of services and place the award and contract with the EDC and the Belfair Sewer on the November 23 agenda Briefmg Summary 10/25/2021 LOCAL ECONOMIC DEVELOPMENT PROGRAM APPLICATION Contact Name(s) JENNIFER BARIA Address 310 W. COTA STREET City, State, Zip SHELTON, WA 98584 Fax &e-mail (360) 426-2276 &JENNIFER@CHOOSEMASON.COM Signature and position of person authorizing submittal of application EXECUTIVE DIRECTOR 10.20.2021 (L�Sature Position Date Project Title; MASON COUNTY ECONOMIC DEVELOPMENT Total Project Cost $345,595 Amount raised to date $ Is your request intended to fill a gap in funding (gap financing)? [X] Yes [ ] No Is this a phased project [ ] Yes [X] No, If yes number of phases number of years Requested loan amount $N/A Requested grant amount $90,000 1. Briefly describe the project, project start date,jurisdictions or private entities involved and their phases and timing, and which phases(s) of the project would be funded by loan or grant? The Economic Development Council of Mason County (EDC) is Mason County's Associate Development Organization (ADO), partnering with the BOCC, Ports, the city of Shelton, and a broad variety of stakeholders to drive economic growth in our community. We are a non- profit, non-partisan organization promoting economic well-being and quality of life for Mason County, by actively recruiting new employers and by retaining and supporting the growth of existing employers, thereby expanding jobs that facilitate growth, enhance wealth and provide a stable tax base. Mason County's annual award of $90,000 is used toward assisting with these efforts. This funding also supports work due to COVID impacts and efforts additionally needed to support and retention (i.e. workforce shortages and supply chain rebuilding) of our local businesses. 2. Explain how the project satisfies economic development and priorities. The EDC's mission is to promote the economic vitality and growth of Mason County. We support that primary mission of business recruitment and development with an array of efforts to ensure an attractive business environment, ready and able workforce, and the necessary infrastructure to support a thriving economy as well as developing and curating economic data required by the County, the Department of Commerce, and other stakeholders. Our work starts locally by retaining and expanding existing businesses to ensure that our foundation is strong. This is especially necessary during and post COVID pandemic. We help communities understand local business needs and respond — so that businesses stay, grow, and become more deeply rooted in the community. We continue to build our business retention and expansion program to provide community leaders with advanced warning about problems that may lead to a closure. The work involves (1) building solid relationships with the business owners or plant managers of the employers in the community, (2) regularly collecting data on both individual companies and their industry sectors, (3) analyzing and tracking the collected data in order to predict its behavior, (4) assisting the company in solving problems that may cause them to move or close, (5) looking for opportunities to grow the businesses in their communities. The EDC has been highly focused on attracting businesses to provide new jobs and needed goods and services to the community. This work requires current and accurate research to target companies that would fit well in our community and support our economic ecosystem. While in 2020 this pandemic has focused most of our efforts on retention, in 2021 we are seeing an increase in inquiries for sites and investment/development opportunities. We are energetically engaged in recruitment with seven active projects and multiple ongoing proposals. While there are many activities that fall under the EDC's scope, a key component to all our work is communication. Effective economic development marketing differentiates the community through thoughtful messaging, engages rather than intrudes, and informs and educates. Through effective marketing, Mason County has positioned itself more strategically for growth, with both current and local business. Of equal importance, our marketing and communications initiative will continue to help educate and engage our community regarding the organization's activities and will bring increased awareness to the citizenry about the efforts of EDC and our many partners to expand business opportunities and bring new and better jobs to our community. Over the next few years, the EDC is concentrating work to strengthen focus on Mason County's capacity-building needs and help structure a strategic and targeted approach for securing those final infrastructure dollars. This is a key component in establishing and maintaining a robust economic ecosystem by helping to build capacity that contributes to individual, business, and county-wide success. 3. Will this project be a public facility which is listed in economic development plan officially? adopted by the county? [ ] Yes [X] No 4. List engineering reports, permits, feasibility studies and environmental studies which have been completed and/or need to be completed. N/A 5. Has other funding been secured? [X] Yes [ ] No. If yes, list source(s) of funding. The EDC is currently in the process of negotiating contracts for 2022. We expect to secure and maintain all existing contracts and investment support. 6. Please list other funding sources, which have been pursued or are currently pursued. CONTRACT: $196,645 PUBLIC: $75,000 PRIVATE: $73,950 7. Please indicate the number of full-time, permanent jobs this project will create. Create in 1-3: 50 Create in 4-5 years: N/A Create in 6-10 years: N/A Number of jobs retained: 200+ 8. Please indicate number of businesses that will directly benefit from the public facility. While this is not a public facility, the EDC has set a strategic goal of assisting a minimum of 300 businesses in 2022. 9. Please list other significant factors about the project that should be considered. The EDC is continuing to work recruiting identified industries that can benefit from the County's assets and match the economic development vision of the community, we have noticed a significant gap in the county's industrial lands and their access to necessary utilities. Over the next year, we will begin work around identifying, cataloging and potentially rezoning areas that will better support Mason County recruitment efforts. The EDC will work to strengthen focus on Mason County's capacity-building needs and help structure a strategic and targeted approach for securing those final infrastructure dollars. This will be developed from the current prioritized CEDS Project List. We will continue additional business support efforts around COVID-19 recovery. 10. List, in detail, how the money requested would be spent on the proposed project. Funding will be used to continue offering an array of business development programs and initiatives to assist entrepreneurs in starting and growing their business, support local companies, and promote the area for future investment. These include but are not limited to: • Actively recruiting new employers • Outreach to existing Mason County employers • Continue to bring COVID-19 recovery resources to Mason County employers • Site selection services • Economic and demographic data • Research and comparative analysis • Prioritize infrastructure projects and coordinate funding efforts • Workforce and job training information • Entrepreneurship training digitally • Business plan assistance • Access to financing organizations • Identifying collaboration opportunities • Key introductions • Tax research and incentives • Facilitation with permitting processes • Personalized briefings and orientations • Public relations and media coordination • Counsel and advice I LOCAL ECONOMIC DEVELOPMENT PROGRAM I APPLICATION Contact Name(s) Loretta Swanson, Director, Public Works/Utilities &Waste Richard Dickinson, Deputy Director, Public Works/Utilities &Waste Address 100 W Public Works Drive City, State, Zip Shelton, WA 98584 Fax &e-mail lorettas@masoncountywa.gov rdickinson0masoncountywa.gov Signature and position of person authorizing submittal of application Signature Position Date Project Title: Belfair Wastewater Treatment &Water Reclamation Projects: Phases 1- 4 Planning and Capital Infrastructure Development Total Project Cost: $57.5 Million Amount raised to date: $61 Million Is your request intended to fill a gap in funding (gap financing)? [X] Yes [ ] No Is this a phased project [x] Yes [ ] No, If yes number of phases 4 number of years 20 Requested loan amount$ 0 Requested grant amount: $ 450,000/year For years 2022-2023 1. Briefly describe the project, project start date,jurisdictions or private entities involved and their phases and timing, and which phases(s) of the project would be funded by loan or grant? Phase 1 of the Belfair Wastewater Treatment&Water Reclamation Projects is complete and partially funded by this grant. Phase 2, which extends service towards the Puget Sound Industrial Center (PSIC) is currently in the preliminary engineering phase with construction anticipated in 2022 or sooner. Phase 2 design is fully funded and a Public Works Board grant and low interest construction loan offer will fund construction. The preferred alternative and funding package decision is pending. The Phase 2 work is in partnership with the City of Bremerton and Port of Bremerton through an Interlocal Agreement (ILA). Phase 2 is timed in coordination with the WSDOT SR3 Freight Corridor project design and construction, along with Mason Transit Authority's new Belfair facility. 2. Explain how the project satisfies economic development and priorities. Belfair is one of three urban growth areas within Mason County. Provision of sewer service is essential for economic growth within both the Belfair UGA and county. Well- planned and constructed sewer infrastructure reduces hurdles to economic development. Phase 2 of this project extends service to areas designated for industrial and commercial use (along with residential) in advance of need, while making use of the existing infrastructure capacity. The Economic Development Element of the Mason County Comprehensive Plan identifies infrastructure and capital improvements as one of five focus areas, noting sewer systems as a key infrastructure need. The vision is"Mason County's utilities and transportation networks fully support future commercial, industrial and residential growth while preserving the natural environment and community character". GOAL 1.1 Ensure that infrastructure is adequately sized or expandable to accommodate current needs and projected growth. POLICY 1.1.2 Support and encourage the extension of utilities, transportation, and other facilities to areas designated for industrial and commercial use in advance of need. Phase 2 is planned to extend service to the Puget Sound Industrial Center (PSIC) with most of its area being designated as a Manufacturing/Industrial Center (MIC) by the Puget Sound Regional Council (PSRC). A MIC is an area intended to have a concentration of industrial employment and comes with potential tax advantages for the businesses who locate there. There are only nine in the Puget Sound Region, and PSIC has the most vacant land. In order to maintain MIC status, steps must be taken to ensure the center is developable, including provision of sewer service. 3. Will this project be a public facility which is listed in economic development plan officially adopted by the county? [x] Yes [ ] No The adopted 2021-2022 Community and Economic Development Strategies (CEDS) Project List includes the Belfair Sewer, North Extension/Freight Corridor/PSIC project ($4.5 Million). Added in 2021 were the Belfair WRF Critical Equipment Replacement ($370,000) and Resiliency ($300,000) Projects. 4. List engineering reports, permits, feasibility studies and environmental studies which have been completed and/or need to be completed. ✓ Belfair Wastewater Plant Operations Permit ✓ Belfair Wastewater Facilities Plan ✓ Belfair/Northshore Programmatic Environmental Impact Statement ✓ Belfair General Sewer Plan Update 5. Has other funding been secured? [x] Yes [ ] No. If yes, list source(s) of funding. ■ Legislative appropriations for rate relief ■ Commerce grants/loans for sewer extension planning/design/construction ■ ILA with City of Bremerton and Port of Bremerton 6. Please list other funding sources, which have been pursued or currently pursued. System expansion will be funded through developer contributions and grants and loans, if secured. Utility rates and general facility connection charges are used to operate the system and pay down the capital debt service for these initial phases of the project. 7. Please indicate the number of full-time, permanent jobs this project will create. Create in 1-3 =20 Create in 4-5 years = 100 Create in 6-10 years =375 Number of jobs retained =675 8. Please indicate number of businesses that will directly benefit from the public facility. All existing businesses within the Belfair UGA along the SR3 and 300 Belfair corridors directly benefit from Phase 1 sewer service. The provision of sewer service freed up valuable urban land previously dedicated to on-site septic systems and reserve areas. This allowed for expansion and/or re-development. Phase 2 service will also potentially benefit existing businesses in the Log Yard Road vicinity and along SR 3 north of the existing service area similar to benefits from Phase 1. Providing a closer sewer connection will allow business to more economically connect, thereby expanding or building new. New businesses in the same vicinity and PSIC will benefit from planned sewer expansion. 9. Please list other significant factors about the project that should be considered. The project will allow for the successful, planned development of entire Belfair UGA at urban levels of density as envisioned (and required) by the State's Growth Management Act. The conversion of on-site systems to sewer will aid in the removal of nitrogen to Hood Canal. 10. List, in detail, how the money requested would be spent on the proposed project. The requested dollars will be spent to help pay down the annual capital project debt service of approximately $1 million per year that was incurred to construct Phase 1 of the Belfair sewer system. This will help keep the annual sewer rate increases to 3% per year from 2017 through 2026 with an assumed ERU growth rate of 3% per year for the Belfair sewer system. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kelly Bergh for Jennifer Beierle DEPARTMENT: Support Services EXT: 644 BRIEFING DATE: 11/1/2021 PREVIOUS BRIEFING DATES: 10/25/2021 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): x❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: ARPA funding for Crossroads Housing - $10,000 to poor and infirm with strong preference to veterans for essential items EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In prior years, the Board set aside $5k in the Current Expense Non-Departmental budget for the purpose of providing essential items to the poor and infirm with a strong preference towards veterans. The need is greater in 2021-2022 due to the negative economic impacts from the COVID-19 pandemic. This draft contract with Crossroads Housing provides $5,000 to the North end of the County and $5,000 to the South end of the County. BUDGET IMPACT: none — ARPA funds PUBLIC OUTREACH:(include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Approve the use of ARPA funding for this project and sign agreement with Crossroads Housing ATTACHMENTS: Crossroads Housing ARPA Funding agreement Briefing Summary 10/27/2021 AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And CROSSROADS HOUSING This American Rescue Plan Act("ARPA")Recipient Agreement("Agreement")is dated as of the day of , 2021, by and between Mason County, a Washington political subdivision("County"), and Crossroads Housing, a Washington State Nonprofit("Recipient"). WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain eligible expenditure categories in response to the COVID-19 public health emergency during the period of March 3, 2021, incurred by December 31, 2024 and expended by December 31, 2026, which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID- 19, related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS, all requests submitted by the County to the State for reimbursement must be for expenses that are 1) connected to the COVID-19 emergency; 2) necessary expenses, 3) not filling a short fall in government revenues, 4) not funded thru another budget line item, allotment or allocation, as of March 27, 2020, and 5) would not exist without COVID-19 or would be for a substantially different purpose as provided in the IFR and Program Guidelines (collectively "Reimbursements"). WHEREAS, the County desires to allocate portions of the ARPA Funds to Mason County to CROSSROADS HOUSING to administer a program for unhoused individuals considered poor and infirm with a preference to veterans experiencing severe financial hardship due to job loss, layoff, reduction of work hours or other circumstances resulting from the COVID-19 emergency in need of basic essential items as identified in"Attachment A Scope-of-Services"to avoid further endangerment of the health and well-being of such impacted individuals, with such allocation of funds to be consistent with the Reimbursement requirements. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant ARPA Funds for appropriate and qualifying funds advanced to the Recipient by the County for provision of basic essential items to be made available by the Recipient to eligible individuals. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: I. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2022, unless terminated by the County in writing. 1 ARPA Housing Assistance Agreement 2. Recipient's Use of ARPA Funds.The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative economic impacts,b)Provide Government services to the extent of the reduction in revenue, c) respond to workers performing essential work, d) make necessary investments in water, sewer or broadband infrastructure. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency; d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Expenditure Report. To facilitate the County's requirement for documentation of ARPA funding under the IFR, the Recipient will submit an A-19 equivalent report to the County, quarterly through December 31, 2022, detailing the basic essential needs provided by the Recipient. Such schedule may be modified with the prior approval of the County. Failure to provide any of the required documentation may result in termination of the Agreement. 5. ARPA Funds. The County agrees to provide the Recipient a total sum not to exceed $10,000 up front with the requirement of the quarterly COVID-19 Expenditure Report as stated in Section 4 of this Agreement. 6. Termination.The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages, upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers, officials,employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or 2 ARPA Housing Assistance Agreement failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws, Guidelines. The Recipient shall comply with all federal, state, and local laws and all requirements(including certifications and audits)of the IFR and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by the IFR and Program Guidelines for five(5)years following termination of this Agreement. If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Recipient Crossroads Housing Xxxxxxxxxxxx xxxxxxxxxxxxx Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement. Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 3 ARPA Housing Assistance Agreement 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law;Venue. The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 18. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 20. Assignment. The Recipient shall not assign or transfer any of its interests in obligations under this Agreement without the prior written consent of the County. 21. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 22. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in,to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 23. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 24. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 25. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. 4 ARPA Housing Assistance Agreement IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this day of ,2021. RECIPIENT, CROSSROADS HOUSINGS By: Print Name: Its: DATED this_day of , 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin, Chair Sharon Trask, Commissioner ATTEST: Kevin Shutty, Commissioner McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA 5 ARPA Housing Assistance Agreement ATTACHMENT A SCOPE OF WORK The Board of Commissioners is directing up to $10,000 to CROSSROADS HOUSING who will be responsible for completing the tasks and activities below as well as others detailed throughout this AGREEMENT, U.S. Treasury guidance as required to provide referral and direct services in compliance with the ARPA program and Mason County's (COUNTY)policies and procedures. It is CROSSROADS HOUSING'S responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary,not an exhaustive list. CROSSROADS HOUSING will assist unhoused persons considered poor and infirm with a strong preference towards veterans of Mason County in need of basic essential items using federal ARPA funding. These funds must be fully distributed by November 30, 2022 with final reporting of expenditures due December 31, 2022. The intent of this grant is to help Mason County unhoused persons considered poor and infirm with a strong preference towards veterans who have been severely adversely impacted financially by the COVID-19 public health emergency due to job loss, reduction in work hours, layoff, illness or other circumstance that resulted in a significant loss of income that places them at risk, and who meet the eligibility criteria outlined below. CROSSROADS HOUSING will be responsible for overseeing the program based upon the eligibility criteria, funding uses and process and deadline for distribution shown below. 1. Eligible individuals Individuals seeking ARPA funding through this program must: • Be unhoused and considered poor and infirm and preferably a veteran in Mason County; • Meet the definition of poor and infirm; • Complete the attestation form (ATTACHMENT C) • Have incurred a financial hardship due to the COVID public health emergency, such as a job loss,reduced work hours, lay off, illness or other circumstance leading to a significant reduction in household income or increase in expenses; • Consent to disclosure and release by CROSSROADS HOUSING to Mason County of all information gathered during the application process and details of award granted under this program; 6 ARPA Housing Assistance Agreement 2. Program Funding and Award Amount Mason County shall make $10,000 of ARPA funds available up front to the program that will be administered by CROSSROADS HOUSING. Reporting of expenditures should be made quarterly as stated in Sections 4 and 5 of this Agreement. Individuals served under this AGREEMENT by RECIPIENT must meet the definition of unhoused, poor and infirm with a preference to veterans as stated in this agreement. Approximately half of the individuals served must live in the North end of Mason County and half of the individuals must live in the South end of Mason County. All reports are to be submitted to the COUNTY no later than December 31, 2022. 3. Application,Review and Distribution Process: Applicants must meet the definition of Poor and Infirm: The individual served under this AGREEMENT is receiving one of the following types of public assistance: Temporary assistance for needy families, ages,blind, or disabled assistance benefits,pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, Medicaid, medical care services, or supplemental security income, AND the individual's household receiving services annual income, after taxes, is up to one hundred fifty(150) percent or less of the current federally established poverty level. Review Process - CROSSROADS HOUSING will review the application, gather any additional documentation, and make a determination whether the applicant is eligible for ARPA Act Funding. Award and Disbursement - Based on review of the application, CROSSROADS HOUSING will determine the amount of the award based on the need. Awards will be provided via the list of allowed costs outlined in Scope of Work Item 5. 4. Reporting CROSSROADS HOUSING shall provide to the COUNTY proof of payment for the services rendered to include but not be limited to copies of detailed invoices and copies of detailed receipts. CROSSROADS HOUSING shall submit a final report on applications received (ATTACHMENT C), and provide quarterly A-19 equivalent report and signed certification detailing funds disbursed to each applicant outlining the applicant name, location, brief description of applicant's COVID-19 related financial hardship(i.e.job loss,reduction in work hours, layoff, illness or other circumstance that resulted in a significant loss of income that 7 ARPA Housing Assistance Agreement places them at risk), amount awarded, award disbursement date and identify the amount of funds allocated to evidence-based interventions. CROSSROADS HOUSING shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 5. Allowed costs The following costs, which are directly related to necessary items for the poor and infirm, are allowed: Food Water Shower Tokens Bus Passes Hygiene Kits Towels Propane Fuel Blankets Tents There shall be no payments made for repairs and maintenance. 8 ARPA Housing Assistance Agreement ATTACHMENT B COMPENSATION There shall be up to 10% allowance for administrative costs under this contract. The 10% administrative costs shall be included as part of the total contract amount, and not over and above the contract amount. 9 ARPA Housing Assistance Agreement ATTACHMENT C MASON COUNTY & CROSSROADS HOUSING COVID OUTREACH FORM Date: Time: Location: Recipient Address: Name of Recipient: Phone Number: Other Contact Info: Service Provided: I attest that I am on one of the following: Temporary assistance for needy families, ages, blind, or disabled assistance benefits, pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, Medicaid, medical care services, or supplemental security income; AND my household receiving an annual income, after taxes, is up to one hundred fifty (150) percent or less of the current federally established poverty level. Check if Veteran ❑ Signature of Recipient Dollar value of Service Provided: Advocate Name: Signature of Advocate 10 ARPA Housing Assistance Agreement MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: November 1, 2021 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ✓ Legal ❑ Other ITEM: Draft Agreement between Mason County and Mason County PUD 3 to allocate portions of the ARPA Funds to PUD 3 to provide a Belfair Electrical Substation EXECUTIVE SUMMARY: The American Rescue Plan Act established the Coronavirus State Fiscal Recovery Fund (CSFRF) and Coronavirus Local Fiscal Recovery Fund (CLFRF), which provide a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery. Mason County has received the first half of the $12,968,901 ARPA funding award in 2021 and will receive the second half in 2022. The funds are to be obligated by December 31, 2024. The Board has expressed interest in contracting with PUD 3 to use $1,500,000 in ARPA funding to provide a Belfair Electrical Substation. The initial proposal intended for the funding to fall under the ARPA category of necessary investments in water, sewer, or broadband infrastructure, however, this project is not an eligible use of ARPA funds under this category. Instead, the project could fall under the category of revenue loss. The Board of County Commissioners should decide if they want to use the revenue loss under ARPA to fund the Belfair Electrical Substation. BUDGET IMPACT: $1,500,000 — fully funded by ARPA grant under the category of reduction in lost revenue PUBLIC OUTREACH: RECOMMENDED OR REQUESTED ACTION: Recommend the Board review the draft contract and decide whether or not to enter into the agreement to allocate portions of the ARPA Funds to PUD 3 to provide a Belfair Electrical Substation ATTACHMENTS: Draft contract with PUD 3 Emails from Tony Hanson with Commerce re: ARPA eligible categories of funding ARPA Revenue Replacement Calculator Briefing Summary 10/27/2021 AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And Mason County Public Utility District No,3 This American Rescue Plan Act("ARPA")recipient Agreement("Agreement")is dated as of the day of , 2021, by and between Mason County, a Washington political subdivision("County"), and Mason County Public Utility District No, 3 ("PUD 3"),a Washington state public utility("Recipient"). WHEREAS, The U.S. Treasury has allocated to Masoh County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF")for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County,identified as the Interim Final Rule("IFR")or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of July 16,2021,incurred by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19,related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS,the County desires to allocate portions of the ARPA Funds to Mason County PUD 3 for the purpose of providing Belfair Electrical Substation. WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may grant ARPA Funds for appropriate and qualifying projects advanced to the Recipient by the County for provision of an improvement to a water system infrastructure. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024, unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds.The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 1 ARPA Recipient Agreement emergency or its negative impacts, b) Provide Government services to the extent of the reduction in revenue, c)respond to workers performing essential work, d)make necessary investments in water, sewer or broadband infrastructure. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c) payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Reimbursement Request Support.To facilitate the County's granting of ARPA funding under the IFR,the Recipient will submit an A-19 equivalent report to the County, on or before November 30, 2021, detailing the improvement of the Belfair Electrical Substation. Such schedule may be modified with the prior approval of the County. Failure to provide any of the required documentation may result in termination of the Agreement and no granting of funds paid to the Recipient by the County. 5. ARPA Funds. The County agrees to grant the Recipient a project costs to the Recipient not to exceed$1,500,000 by December 31,2021 provided that the COVID-19 Reimbursement request support is received as stated in Section 4 of this Agreement. The County will not provide the funds up front to the Recipient upon Execution of this Agreement. 6. Termination.The County may terminate this Agreement,for convenience or otherwise and for rib consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers,officials,employees,agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors, employees, and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 2 ARPA Recipient Agreement 9. Compliance with Laws, Guidelines.The Recipient shall comply with all federal, state,and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five(5)years following termination of this Agreement.If it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Recipient Mason County Public Utility District No. 3 Attn: Annette Creekpaum PO Box 2148 Shelton, WA 98584 Mason County Attn: Jennifer Beierle 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement.Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 3 ARPA Recipient Agreement 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law,Venue. The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the County to ex-ercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof,nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment. The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or conternporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 21. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right,action,or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 23. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. 4 ARPA Recipient Agreement IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this day of 92020. RECIPIENT,Mason County Public Utility District No,3 By: Print Name: Its: DATED this_day of , 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin, Chair Sharon Trask, Commissioner ATTEST: Kevin Shutty, Commissioner McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA 5 ARPA Recipient Agreement ATTACHMENT A SCOPE OF WORK The Board of Commissioners is directing up to $1,500,000 to Mason County Public Utility District No, 3 ("PUD 3")using federal ARPA funding for the purpose of installing the Belfair Electrical Substation. These funds must be fully distributed by December 31,2026. The intent of this grant is to provide a local water system infrastructure improvement. PUD 3 will be responsible for overseeing and installing the Belfair Electrical Substation 1. Program Funding and Award Amount Mason County shall make $1,500,000 of ARPA funds available to the program that will be reimbursed to PUD 3 by the County following receipt of COVID-19 Reimbursement request support as stated in Sections 4 and 5 of this Agreement. All funds are to be disbursed by the Recipient no later than December 31, 2026. 2. Application,Review and Distribution Process: A-19 Submission, PUD 3 will submit an A-19 equivalent report to the County, on or before November 31,2021, detailing the Belfair Electrical Substation project costs. 3. Reporting PUD 3 shall submit a final report on costs detailed, and provide an A-19 equivalent report and signed certification detailing funds disbursed for the project to include a description of the work, payment amounts, and dates of payments. PUD 3 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 6 ARPA Recipient Agreement ATTACHMENT B COMPENSATION In order to maximize the amount of utility assistance available to eligible residents financially impacted by the COVID-19 public health emergency, PUD 3 has agreed to waive any compensation under this agreement to cover its administrative costs. 7 ARPA Recipient Agreement Jennifer Beierle From: Jennifer Beierle Sent: Wednesday, October 27, 2021 12:35 PM To: 'Sherry Speaks' Cc: Frank Pinter; Mark Neary Subject: RE:ARPA Funding Question Sherry, We will be asking the Board if they would like to proceed with the PUD 3 substation agreement using the ( c) revenue loss category.The County's original intent was to use the category for water, sewer, or broadband infrastructure and the project does not fit into this category.Since there is limited revenue loss to the County,the Board may not want to enter into the agreement for the substation. Jennifer From:Sherry Speaks<sherrys@masonpud3.org> Sent:Wednesday,October 27, 2021 12:06 PM To:Jennifer Beierle<Jb@masoncountywa.gov> Cc: Frank Pinter<FPinter@masoncountywa.gov>; Mark Neary<MNeary@masoncountywa.gov> Subject: RE: ARPA Funding Question Hi Jennifer, Reading through the email chain,Tony seems to think our projects fit under( c) revenue loss.What steps are you taking with your Commission to alter the agreement? Thanks, Sherry From:Jennifer Beierle<Jb@masoncountywa.gov> Sent: October 27, 2021 9:31 AM To: Sherry Speaks<sherrys@masonpud3.orp Cc: Frank Pinter<FPinter@masoncountywa.gov>; Mark Neary<MNearv@masoncountywa.gov> Subject: FW:ARPA Funding Question CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Sherry, You are correct in that the power sub-station would not fall under the ARPA category for water, sewer, or broadband infrastructure.Thank you for bringing this to our attention. Please see the email string below from Tony Hanson with Department of Commerce regarding this. We'll be talking to the Mason County Board of Commissioners about this on Monday, November 1st and will keep you informed of the status. 1 Jew 3 etiP 14?1 Budget& Finance Manager Mason County Support Services 411 N 51h St, Shelton, WA 98584 (360)427-9670 ext. 532 From: Hanson,Tony (COM) <tony.hanson@commerce.wa.eov> Sent:Wednesday, October 20, 20217:45 AM To:Jennifer Beierle<Jb@masoncountywa.gov> Cc: Frank Pinter<FPinter@masoncountywa.gov>; Kelly Bergh <KBergh@masoncountywa.gov>; Sharon Trask <STrask@masoncountywa.gov>; Paige Hansen <paieeh@masoncountywa.gov>; Leo Kim <LKim@masoncountywa.gov> Subject: RE: ARPA Funding Question Hi Jennifer, Added some of my thoughts to your questions below in red. Let me know if I can assist further. O Tony From:Jennifer Beierle<Jb@masoncountywa.gov> Sent:Thursday, October 7, 2021 3:14 PM To: Hanson,Tony (COM)<tony.hanson@commerce.wa.eov> Cc: Frank Pinter<FPinter@masoncountywa.gov>; Kelly Bergh<KBergh@masoncountywa.eov>; Sharon Trask <STrask@masoncountywa.gov>; Paige Hansen <paigeh@masoncountywa.gov>; Leo Kim <LKim@masoncountywa.Rov> Subject: RE: ARPA Funding Question External Email Thank you,Tony! This does help. I do have two more questions related to the revenue loss, however. 1. When calculating lost revenue,the county is taking into account ALL County general revenues according to the interim final rule instructions,with specific types of revenue removed from the calculation. If the County claims lost revenue, does the ARPA money need to benefit the fund that lost the revenue, or can the total of the lost revenue be of benefit to the general fund exclusively? In other words, do we need to segregate how much of the lost revenue would benefit restricted funds and how much would benefit the general fund? You do not.Once you calculate your lost revenue per the Treasury's guidance,you can then use that lost revenue for any"government services".They do not have to be government services directly associated with where the revenue was lost.You have the flexibility to use them for any government services that you choose is the best use of the funds. 2. If the County chooses to use ARPA funds for the amount calculated as lost revenue, may the money be deposited in the general fund to replenish the lost revenue, or must the money be obligated and expended for a specific government service purpose by the interim final rule deadline? You can't put the money into an account or replenish the general fund.The Treasury eludes to this when they speak about the ineligibility of"rainy day" funds and what not.They have to be used for incurred costs by the deadline. But that's a pretty broad universe of potential costs under the government services umbrella,so shouldn't be an issue finding sufficient eligible costs over the next few years. Thank you again, we appreciate your help so very much! z Jennifer From: Hanson,Tony(COM) <tony.hanson@commerce.wa.eov> Sent:Tuesday, October 5, 2021 2:21 PM To:Jennifer Beierle<Ib@masoncountywa.gov> Cc: Frank Pinter<FPinter@masoncountywa.gov>; Kelly Bergh<KBergh@masoncountywa.aov>; Sharon Trask <STrask@masoncountywa.gov>; Paige Hansen <paigeh@masoncountywa.gov>; Leo Kim <LKim@masoncountywa.eov> Subject: RE: ARPA Funding Question Hi Jennifer, You wouldn't want to go the (d) investments in water,sewer,or broadband infrastructure.That category is specific to broadband projects and water/sewer projects that would be eligible under the Clean Water and Drinking Water SRF programs. I don't believe this project would be considered eligible under that track. It could potentially fall under(c) revenue loss. I'm sure you've read the interim rule and FAQ's on revenue loss. (I've attached them for convenience.)There's some robust instructions on how to calculate any revenue loss.You'll want to be sure that you do that calculation according to the guidance.Once you've calculated your eligible revenue loss,you can then use those funds for'government services',which is very broad.(The interim final rule speaks to this on page 16.)Government services are costs that would directly provide services or aid to citizens.They do speak to pay-go funded building and protection of critical infrastructure as falling under government services. I think the PUD project could fit, but you have the details needed to make that determination. If you feel that this project would fit under government services,then this could be an eligible use of your revenue loss funds.This is probably your best approach to funding the PUD project with these funds. Let me know if I'm missing anything or if you'd like to discuss further. Hope that helps. Tony From:Jennifer Beierle<Jb@masoncountywa.gov> Sent: Monday, September 27, 2021 9:11 PM To: Hanson,Tony(COM) <tony.hanson@commerce.wa.gov> Cc: Frank Pinter<FPinter@masoncountywa.gov>; Kelly Bergh<KBergh@masoncountywa.gov>;Sharon Trask <STrask@masoncountywa.�ov>; Paige Hansen <paigeh@masoncountywa.gov>; Leo Kim <LKim@masoncountywa.gov> Subject:ARPA Funding Question External Email Hi Tony, Mason County is planning on using some of the ARPA funds to contract with our PUD 3 to build a power sub-station that would provide electrical service to customers within Mason County. Can you tell us if this falls within sections 602 & 603: (c) revenue loss OR (d) investments in water, sewer, or broadband infrastructure OR Another section that I did not list. 3 Thank you, Je+i*i�3e,�"Tz Budget& Finance Manager Mason County Support Services 411 N 5th St, Shelton, WA 98584 (360)427-9670 ext. 532 Mason County PUD No. 3 is subject to the Washington Public Records Act, RCW 42.56.Therefore,this email, and its attachments if any, may be disclosed as a public record. 4 V ARPA Revenue Replacement Calculator Background Information Notes: 1) Fiscal Year End IDecember Base Year Revenue Period I12/31/2019 FY used for base year calculation 2) Calculation Date 112/31/2020 Number of Months 121 Months between Base Year and Calculation Date Estimate Revenue 3) Base Year Revenue $ 66,406,710 4) Growth Rate 7.4% Counterfactual Revenue $ 71,294,226 Estimated Revenue Without Pandemic 5) Actual Revenue I $ 69,309,133 Use Worksheet to Calculate Reduction in Revenue Fiscal Year Ended 1213112020 Revenue Reduction 1 $ 1"5,093 0Summary Base Year Revenue Worksheet Fiscal Year Ended 12/31/2019 Revenue Source Base Revenue(Y/N) Amount Taxes Amount of tax collections for all taxes imposed by the Property Tax Property Tax Y $ 21,220,013 sales and Gross Receipts Tax General Sales and Use Tax Y $ 6,062,688 Selective Sales Tax Alcoholic Beverage Y $ - Amusements Sales Tax Y $ 250 Motor Fuels Sales Tax Y $ 2,429,403 Parimutuels Tax Y $ - Public Utilities Sales Tax y $ Tobacco Products Tax Y $ Other Sales Tax Y $ - djWsingpnd PermitTaxes Alcoholic Beverage Licensing and Permits Y $ - Building/Construction Permits Y $ 1,940,724 Amusements Licensing and Permits Y $ - Motor Vehicles Licensing and Permits Y $ 371,528 Public Utilities Licensing and Permits Y $ - Occupation and Business Licensing and Permits Y $ Other Licensing and Permits Y $ 1,545,070 Income Tax Individual Income Tax Y $ - Corporate Income Tax Y $ UqaW and Permit Tax Alcoholic Beverage Y $ Amusements Y $ Motor Vehicles Y $ - Public Utilities Y $ Occupational and Business Licenses Y $ Other Selective Sales Y $ Other Taxes Death and Gift Tax Y $ Documentary and Stock Transfer Tax Y $ Severance Tax Y $ Other Y $ 9,174,728 IntergovernmentalAmount of revenue in form of grants,share of taxes Intergovernmental Revenue From Other Local Governments Y $ 1,655,086 From the State Y $ 7,161,075 From the Federal Government N $ 780,579 From the State and Financed from Federal Grants N $ 1,646,212 Other Revenue Amount of other revenue excludmg dny refunds or transfers between funds Utility Sales Revenue Water Supply System N $ 479,322 Electric Power System N $ - Gas Supply System N $ Transit or Bus System N $ - User Charges and Fees Sewerage Charges Y $ 2,385,012 Refuse Collection,Disposal,and Recycling Charges Y $ 4,299,555 Parks and Recreation Charges Y $ 56,023 Airports Y $ Hospital Charges Y $ Parking Facilities Y $ Housing Project Rentals Y $ Highways and Other Roads Y $ Sea and Inland Port Facilities Y $ Miscellaneous Commercial Activities Operated Y $ - Other Y $ 2,523,807 ter Revenue Special Assessments Y $ 46,304 Receipts from Sale of Property and Other Capital Assets Y $ 511,036 Proceeds from Issuance of Debt N $ - Interest Earnings Y $ 1,876,654 Fines and Forfeitures Y $ 1,570,772 Rents Y $ 1,387,771 Royalties Y $ - Private Donations Y $ 11,411 Sale of Retail or Wholesale Liquor N $ - Trust Revenue N $ 121,791 Refunds and Other Correcting Transactions N $ 490,906 Miscellaneous Other Revenue Y $ 177,797 Tote G�Growth Rate Calculation NOTE:This form Is only required N annual revenue growth prior to the pandemic exceeds 4.1%.If not,4.1%rate of growth wall be used Base Revenue FY Ended FY Ended FY Ended FY Ended Revenue Source (Y/N) 12/31/2016 12/31/2017 12/31/2018 12/31/201Taxes Amount oftax collections for all taxes imposed by the goverrimcnt Property Tax Property Tax Y $ 18,976,679 $ 19,479,364 $ 20,627,108 $ 21,220,013 Sales and Gross Plexcalpta Tax General Sales and Use Tax Y $ 4,795,230 $ 4,907,329 $ 5,487,711 $ 6,062,688 Selective Sales Tax Alcoholic Beverage Y $ - Amusements Sales Tax Y $ 250 $ 250 Motor Fuels Sales Tax Y $ 2,332,403 $ 2,678,460 $ 1,752,424 $ 2,429,403 Parimutuels Tax Y $ - Public Utilities Sales Tax Y $ - Tobacco Products Tax Y $ Oth er Sa[as Tax Y $ - Licensing and Permit Texas Alcoholic Beverage Licensing and Permits Y $ - Building/Construction Permits Y $ 1,613,397 $ 1,490,705 $ 1,940,724 Amusements Licensing and Permits Y $ - MotorVehiclesLicensingandPermits Y $ 323,376 $ 339,763 $ 347,361 $ 371,528 Public Utilities Licensing and Permits Y $ - Occupatlon and Business Licensing and Permits Y $ - Other Licensing and Permits Y $ 1,283,055 $ 1,379,152 $ 1,512,415 $ 1,545,070 Income Tax Individual Income Tax Y $ - Corporate Income Tax Y $ - Ucen;9,040sowtTax Alcoholic Beverage Y $ - Amusements Y $ - Motor Vehicles Y $ Public Utilities Y $ - Occupational and Business Licenses Y $ - OtherSelectiveSales Y $ - OtherTaxq Death and Gift Tax $ Documentary and Stock Transfer Tax $ - Seven nceTax $ - Other Y $ 6,328,932 $ 6,513,313 $ 8,384,323 $ 9,174,728 IntergovernmentalTs,or share of taxes imposed by • reimbursement for services Intergovernmental Revenue From Other Local Governments Y $ 944,623 $ 1,729,916 $ 1,370,407 $ 1,655,086 From the State Y $ 5,150,049 $ 7,591,340 $ 5,964,214 $ 7,161,075 From the Federal Government N $ 473,306 $ 366,445 $ 839,067 $ 780,579 From the State and Financed from Federal Grants N $ 1,958,453 $ 3,019,315 $ 1,940,016 $ 1,646, 112 Other Revenue Amount ofother revenue excluding any refunds or transfers between funds Water Supply System N $ 462,554 492,988 $ 468,239 $ 479,322 Electric Power System N $ - Gas Supply System N $ - Transit or Bus System N $ - Sewerage Charges Y $ 2,144,714 $ 2,351,966 $ 2,452,675 $ 2,385,012 Refuse Collection,Disposal,and Recycling Charges Y $ 3,545,151 $ 3,444,571 $ 4,294,401 $ 4,299,555 Parks and Recreation Charges Y $ 27,383 $ 47,811 $ 74,998 $ 56,023 Airports Y $ - Hospital Charges Y $ - Parking Facilities Y $ - Housing Project Rentals Y $ - Highways and Other Roads Y $ - Sea and Inland Port Facilities Y $ - Miscellaneous Commercial Activities Operated Y $ - Other Y $ 2,782,277 $ 2,03 355 $ 2,120,240 $ 2,523,807 0 Special Assessments Y $ 58,522 $ S4,905 $ 59,450 $ 46,304 Receipts from Sale of Property and Other Capital Asset Y $ 1,331,049 $ 773,272 $ 76,965 $ 512,036 Proceeds from Issuance of Debt N $ 10,139,330 $ 1,239,292 $ 618,750 $ - Interest Earnings y $ 932,251 $ 1,172,861 $ 1,573,552 $ 1,876,654 Fines and Forfeitures Y $ 1,693,869 $ 1,502,624 $ 1,561,054 $ 1,570,772 Rents Y $ 200,740 $ 178,166 $ 2,192,087 $ 1,387,771 Royalties Y $ - Private Donations Y $ 8,035 $ 988 $ 22,622 $ 11,411 Sale of Retail or Wholesale Liquor N $ - Trust Revenue N $ 384,366 $ 130,231 $ 122,716 $ 121,791 Refunds and Other Correcting Transactions N $ 23,403 $ 134,355 $ 95,980 $ 490,906 Miscellaneous Other Revenue Y $ 238,730 $ 128,788 $ 290,724 $ 177,797 Total $ 67,151,875 $ 63,170,276 $ 64,249,750, $..69925,520 Total Included in Base Revenue $ r r r r. t Growth Rate 7.6% 4.1% 10.4%j Average Growth Rate 7.4% Growth Rate Used for Calculation 7.4% 0Summary Actual Revenue Worksheet 12 Months Period Prior to 12/31/2020 Revenue Source Base Revenue(Y/N) Arnoun Amount of a,collections for all taxes imposed by the Taxes Rovernmen Property Tax Property Tax Y $ 21,669,908 Sales and Gross Receipts Tax General Sales and Use Tax Y $ 6,883,694 Selective Sales Tax Alcoholic Beverage Y $ - Amusements Sales Tax Y $ - Motor Fuels Sales Tax Y $ 2,089,557 Parimutuels Tax Y $ - Public Utilities Sales Tax Y $ Tobacco Products Tax Y $ Other Sales Tax Y $ Licensing and Permit Taxes Alcoholic Beverage Licensing and Permits y $ - Building/Construction Permits Y $ 2,061,921 Amusements Licensing and Permits Y $ - Motor Vehicles Licensing and Permits Y $ 617,950 Public Utilities Licensing and Permits Y $ - Occupation and Business Licensing and Permits Y $ - Other Licensing and Permits y $ 1,703,891 gPmeTm Individual Income Tax y $ - Corporate Income Tax y $ License and Permit Tax Alcoholic Beverage y $ Amusements y $ Motor Vehicles Y $ Public Utilities Y $ Occupational and Business Licenses Y $ Other Selective Sales Y $ Other Taxes Death and Gift Tax Y $ Documentary and Stock Transfer Tax Y $ Severance Tax Y $ Other Y $ 9,904,876 Intergovernmental imDosed bv others.PILOTs.or reimbursement for Intergovernmental Revenue From Other Local Governments Y $ 1,352,796 From the State Y $ 8,267,614 From the Federal Government N $ 683,032 From the State and Financed from Federal Grants N $ 7,674,426 Other Revenue Amount of other revenue excluding any refunds or Water Supply System N $ 484,019 Electric Power System N $ - Gas Supply System N $ Transit or Bus System N $ Sewerage Charges y $ 2,807,514 Refuse Collection,Disposal,and Recycling Charges Y $ 5,139,919 Parks and Recreation Charges y $ 7,441 Airports y $ - Hospital Charges Y $ Parking Facilities Y $ Housing Project Rentals y $ Highways and Other Roads y $ Sea and Inland Port Facilities Y $ Miscellaneous Commercial Activities Operated y $ - Other y $ 2,917,867 Special Assessments y $ 60,440 Receipts from Sale of Property and Other Capital Assets y $ 141,093 Proceeds from Issuance of Debt N $ 8,796,453 Interest Earnings y $ 1,219,432 Fines and Forfeitures y $ 1,523,954 Rents y $ 721,475 Royalties y $ - Private Donations y $ 36,487 Sale of Retail or Wholesale Liquor N $ - Trust Revenue N $ 93,216 Refunds and Other Correcting Transactions N $ 251,243 Miscellaneous Other Revenue y $ 182,304 Total $ 87,291,523 Total Actual Base Revenue $ 69,309,133 NEWS RELEASE November 9, 2021 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Help Shape the Future of Mason County Parks, Recreation, Open Space &Trails You are invited to help Mason County develop a plan for Parks, Recreation, Open Space and Trails within the region. Your input will help prioritize park and trail improvements over the next six years. While the current public health situation limits our ability to meet with you in person, we value your feedback and want to develop a plan that reflects the needs of our community. With that in mind, an online workshop has been developed to capture your ideas and feedback. The workshop is self-guided and will run through Friday, November 19th. To participate in this virtual event, visit the Project Page at: https://www.masoncountywa.gov/parks "This is an opportunity for our community to share their input on how they use parks in our county," said Mark Neary, Mason County Administrator. "We are looking forward to improving our parks in a way that reflects those insights and priorities." If you or someone you know is unable to provide feedback online, hardcopy workshop materials can be requested by contacting Anne at 360-427-9670 extension 535 or staff@email.com. Your participation will qualify Mason County for parks and recreational grant funding. For more information, please visit the Mason County— Parks, Recreation, Open Space &Trails Page (https://www.masoncountywa.gov/parks) or contact the Mason County Parks and Trails Office at (360) 427-9670 extension 535. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Commissioner Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: FRANK PINTER DEPARTMENT: County Administrator EXT: 530 BRIEFING DATE: October 25, 2021 PREVIOUS BRIEFING DATES: 10/3.3./2023. (If this is a follow-up briefing, please provide only new information) ITEM: District Court Administrator Reclass and Reorganization Request EXECUTIVE SUMMARY: The District Court Judge has requested to reorganize the District Court Administration by adding a Chief Deputy Administrator and reclassifying the current District Court Administrator to a Chief District Court Administrator in a similar manner to that which the Superior Court Judges reorganized the Superior Court organizational structure. A number of administrative services performed by the Superior Court are currently performed by the District Court, additionally a number of additional services necessary to manage the District Court and Therapeutic and Specialty Courts. The reorg request is part of the 2022 Budget Workshop PLR's for the District Courts and is a consideration in this reclass request. BUDGET IMPACTS: Annually$15,141.46 fully loaded. RECOMMENDED OR REQUESTED ACTION: Approve the Reclass request for the District Court Administrator from a range 35 step 5 to a range 41 step 5 as Chief District Court Administrator maintaining an equivalent separation between the Superior Court Administrator and District Court Administrator as was previously managed prior to the Chief Superior Court Administrator's reclass. ATTACHMENTS: Previous District Court Briefing 10/11/2023. Completed Reclass Request Form Application of Mason County Personnel Policy—Reclassification Policy Chapter 5 Section 5.3: Generally, for Union represented employees, the collective bargaining process is the appropriate forum for any modification of compensation or position description. The applicable collective bargaining agreement may specify provisions related to reclassification and, if silent, the impacts of such decisions may also need to be bargained with or noticed to the appropriate Union. All Non-Represented employees must follow both the Mason County Personnel Policy Chapter 5, Section 5.3 for any modification of compensation or position description change to current position held. Reclassifications are reallocations of positions from one class to another as a result of changed duties, responsibilities, and/or authority of a position. The reclassification of a job involves an analysis of the critical elements of the position against pre-determined standards for measuring the relative worth of a position and placement in the County's classification/pay scale. A classification analysis focuses upon the qualifications, responsibilities,tasks, and duties of the position and not the qualifications of the incumbent in the position. The following factors may be considered as evidence of possible eligibility for reclassification: a. A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b. A majority of job duties have changed to the extent the job entails a different skill set, which requires increased education or experience in order to perform essential job functions. The following circumstances are NOT factors to be considered reasons for reclassification: a. Increased volume of the same level of work; b. Added duties of a similar nature already covered by the current classification or requiring similar skills, education, or experience; c. Duties within a current classification that have not been previously assigned; d. Additional assigned duties in a higher classification unless those duties become a majority of the current position; e. Enhanced technological tools to perform current duties; f. Salary differences for similar jobs in other jurisdictions; g. Reclassifications which occur in other departments. Reclassification Upgrade: A reclassification upgrade is the result of an increase in the level of responsibilities,tasks, and duties of a position which changes areas of emphasis and the level of skill required in the current position. a. A reclassification upgrade may not be used as a merit raise, nor as a reward for employment longevity,nor may it be used solely to reflect an increased volume of work at the same level of responsibility that the incumbent is currently performing. b. As a result of reclassification, and due to an overall increase in the responsibilities of a position,the monetary compensation(pay range) established for the position may increase. c. Correspondingly, a reclassification will result in the assignment to the position of a revised or different Job Description which includes the changes in responsibilities, functions and minimum qualifications Reclassification Downgrade: A reclassification downgrade is the result of a decrease in the level of responsibilities, tasks, and duties of a position which changes areas of emphasis and the level of skill required in the current position. a. A position may be reclassified to a lower range if the responsibilities of the job are determined to be less than originally indicated, or if certain responsibilities are removed from the job. The Elected Official or Department Director may request a formal review and recommendation by Human Resources by process and timelines as identified within the policy. b. An incumbent employee affected by a reclassification downgrade shall be paid at the rate of the revised position. However, in exceptional cases, a Y-rating may be considered for a specified period. Administrative change: Human Resources may make administrative changes to job specifications. Administrative changes result in no substantial change to the overall essential functions or major emphasis of the classification. An administrative change requires no Board action,however, also results in no change in pay range. RECLASSIFICATION REQUEST FORM Mason County Personnel Policy 5.3 Reclassification Policy INSTRUCTIONS: The following factors may be considered as evidence of possible eligibility for reclassification: a. A majority of job duties have changed to the extent they are more accurately reflected in another existing classification description; b. A majority of job duties have changed to the extent the job entails a different skill set, which requires increased education or experience in order to perform essential job functions. DATE:10/25/2021 UNION: N/A DEPARTMENT:District Court UNION APPROVAL:❑ REPARER: FLSA STATUS: HUMAN RESOURCES REVIEW: Frank Pinter EXEMPT❑ DATE: 10/25/2021 NON EXEMPT® REVIEWED BY: CURRENT JOB TITLE:District Court Administrator CURRENT SALARY RANGE: 35 PROPOSED NEW JOB TITLE:District Court Chief Administrator PROPOSED NEW SALARY RANGE: 1 ATTACHMENTS: CURRENT JOB DESCRIPTION:® PROPOSED JOB DESCRIPTION: BACKGROUND:Chief District Court Administrator: Over the past several years the duties of the District Court Administrator have evolved and have accelerated as of late. The District Court on its level,performs similar functions of the Superior Court,County Clerk,Probation and Therapeutic courts. In addition, the District Court Administrator manages the Trial Court Improvement funds for both District and Superior Court and the only management person in the District Court system is the current District Court Administrator. QUEST(Specifically outline the job duties&increased education requirements,which require a different skill set causing the increased education experience): Manages the Language Access Plan for the District Court. (This was managed by the Superior Court Administrator until approximately 2019). Manages the Interpreter reimbursement contract submit reports and Invoices for reimbursement of interpreter funding. (This was managed by the Superior Court Administrator until approximately 2019). Overseeing the implementation of ongoing changes to move court towards becoming paperless, implementing a new case management system. This is something that is happening state wide and involves more involvement with managing technology. Managing additional grant monies i.e.: CARES ACT etc. Manages legislative changes in Civil and Small claim limits and procedures which increases caseload, adding more litigation and files, file management. Dispute Resolution mandatory for all small claims cases and is available to all civil cases. The administrator oversees the Contract with the Mason Thurston Dispute Resolution center, monitoring revenues received and dispersed by the County Treasurer. Overseeing additional Civil Protection orders added to the Courts of Limited Jurisdiction- originally the District Court had jurisdiction on DV Protection orders that fell within the courts of limited jurisdiction and anti- harassment orders. Over the past few years, and changes in legislation it now includes Stalking, Sexual Harassment, and vulnerable adult protection orders, with additional legislative changes on the horizon. Collaborating with the Administrative Office of the courts (AOC) on implementation the new Case Management system for both the District Court and the District Court probation. This process in very involved which requires the Court Administrator to work with AOC in setting up all the accounts and processes, record clean-up, etc. A process as with any new system needing to be monitored over an extended period of time.We are slated to move into our new system sometime within the next 5 years. In preparing for this transition, part of the new case management system is scanning documents. As time allows, we are scanning closed files that must be retained in perpetuity (DUI's, Viol. Of Protection or No contact orders). We will need to also move toward scanning current court files so that the transition will be smoother.With the new case management system, we are also moving towards eFiling of documents, again this is a process that needs to be set up and monitored so that anyone who wants to file will be able to access the system and file with the court. The court has implemented an email filing for in the interim -so we are now monitoring emails that are sent to the court and processing them multiple time a day so that they are processed timely in accordance with the Court Rules. BASIS OF REQUEST(Reason why the position has now taken on the new job duties,outside of their normal type of work): This court like all courts has been forced to innovate in order to carry out our mission. The court had to work quickly and skillfuly to respond to the needs of our community due to the COVID-19 pandemic. Especially relevant is the need for the court to adapt modern technologies into the operations of the court, apply new facilities and to operate and maintain that technology while court is in session. The court remained open and transitioned to a combination of remote and in-person proceedings, amid both the uncertain quarantine period and a changing landscape of criminal law and procedures due to appellate court decisions and legislative changes. The court has had to apply for CARES ACT funding and acquire and implement a lot of new equipment, coordinate with IT to install the equipment and to get the equipment to work as intended. Monitor how the modern technology is working and bring changes to those technologies when problems are found.This has resulted in a much more expanded job scope than it was several years ago. ACTION REQUESTED: that the Mason County Board of County Commissioners approve the reclassification/reassignment of the District Court Administrator from a salary range 35 step 5 to a range 41 step 5 Elected Official/Department Head Signature Date Human Resources Signature Date Does this request qualify for Reclassification? ❑Yes ❑No If"YES" department must prepare an Agenda Action Cover Sheet for BOCC approval. Is a Salary Range Resolution needed? ❑ Yes ❑ No If"YES" Human Resources must prepare the resolution and attachment's necessary. Date Approved: Click here to enter a date. Once approved it is the responsibility of the department to submit a Personnel Action Form. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS i FROM: George Steele, Presiding Judge DEPARTMENT: District Court EXT: 278 BRIEFING DATE: +11 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information) rINTERNAL REVIEW (please check all that apply): ❑ Budget/Finance Human Resources Legal _ Other— please explain ITEM: DEPARTMENT REORGINIZATION Chief District Court Administrator- Court Executive Officer Chief Deputy Administrator EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Chief District Court Administrator: Over the past several years the duties of the District Court Administrator have evolved and have accelerated as of late. The District Court on its level, performs similar functions of the Superior Court, County Clerk, Probation and Therapeutic courts. In addition, the District Court Administrator manages the Trial Court Improvement funds for both District and Superior Court and the only management person in the District Court system is the current Court Administrator. Over the past several years, the responsibilities of the Court Administrator have morphed and expanded based on changes in court rules, legislation and Supreme Court orders. This court like all courts has been forced to innovate in order to carry out our mission. The court had to work quickly and skillfully to respond to the needs of our community due to the COVID-19 pandemic. Especially relevant is the need for the court to adapt modern technologies into the operations of the court, apply new facilities and to operate and maintain that technology while court is in session. The court remained open and transitioned to a combination of remote and in-person proceedings, amid both the uncertain quarantine period and a changing landscape of criminal law and procedures due to appellate court decisions and legislative changes. The court has had to apply for CARES ACT funding and acquire and implement a lot of new equipment, coordinate with IT to install the equipment and to get the equipment to work as intended. Monitor how the modern technology is working and bring changes to those technologies when problems are found. This has resulted in a much more expanded job scope than it was several years ago. Briefing Summary 10/6/2021 Additionally, this court 1s coordinating with the Shelton Municipal court to bring about grant funding for a therapeutic court, based in part to the fact that the processing of drug possession cases has been shifted from Superior Court to Courts of Limited Jurisdiction due to legislative changes. All of these things have served to span the scope of the Court Administrators position beyond what it was previously. The current administrator manages three budgets: District Court, District Court Probation and Trial Court Improvement. The District Court Administrator also manages the Court Trust/Bank account, revenues received and assures accurate distribution, monthly reconciliations and reports to the County Treasurer, issuing payments out of trust for bail refunds, restitution payments, overpayments, civil judgment payments, in addition to other accounting activities. Some of the changes and additions over the past few years include: Overseeing Therapeutic/specialty courts (MRT, DV MRT). In addition, we are working with the Shelton Municipal court and have applied for the grant monies to implement co- occurring therapeutic court based upon new legislation. Performing much more involved in the technology— Installing and implementation of ZOOM Court—(The new Norm) Installing updates and managing the program and settings as changes are made by ZOOM Making sure the equipment is functioning properly Manages the ZOOM courts - Hosts, checking in and identifying and renaming participants Managing breakout rooms for participants; attorneys and clients, court interpreters, etc. Zoom court will continue even after the pandemic is no longer an issue. NOTE -There is a lot of enthusiasm throughout the budges across the state, and we do not anticipate things will go back exactly the way it was before the pandemic. Researching needed technology to implement new requirements for remote hearings, conducting jury trials, and protecting health. This includes helping determine what resources are needed, the best and most cost effective to acquire, and coordinating its installation. Manages the Language Access Plan for the District Court. (This was managed by the Superior Court Administrator until approximately 2019) Manages the Interpreter reimbursement contract submit reports and Invoices for reimbursement of interpreter funding. (This was managed by the Superior Court Administrator until approximately 2019) Overseeing the implementation of ongoing changes to move court towards becoming paperless, implementing a new case management system. This is something that is happening state wide and involves more involvement with managing technology. Managing additional grant monies i.e.: CARES ACT etc. Manages legislative changes in Civil and Small claim limits and procedures which increases caseload, adding more litigation and files, file management In January, 2020, Resolution 20-08 was signed by the Board of County Commissioners authorizing a surcharge on civil and small claims filings. The Local court rule makes Briefing Summary 10/6/2021 Dispute Resolution mandatory for all small claims cases and is available to all civil cases. The administrator oversees the Contract with the Mason Thurston Dispute Resolution center, monitoring revenues received and dispersed by the County Treasurer. Overseeing additional Civil Protection orders added to the Courts of Limited Jurisdiction - originally the District Court had jurisdiction on DV Protection orders that fell within the courts of limited jurisdiction and anti-harassment orders. Over the past few years, and changes in legislation it now includes Stalking, Sexual Harassment, and vulnerable adult protection orders, with additional legislative changes on the horizon. Collaborating with the Administrative Office of the courts (AOC) on implementation the new Case Management system for both the District Court and the District Court probation. This process in very involved which requires the Court Administrator to work with AOC in setting up all the accounts and processes, record clean-up, etc. A process as with any new system needing to be monitored over an extended period of time. We are slated to move into our new system sometime within the next 5 years. In preparing for this transition, part of the new case management system is scanning documents. As time allows, we are scanning closed files that must be retained in perpetuity (DUI's, Viol. Of Protection or No contact orders). We will need to also move toward scanning current court files so that the transition will be smoother. With the new case management system, we are also moving towards eFiling of documents, again this is a process that needs to be set up and monitored so that anyone who wants to file will be able to access the system and file with the court. The court has implemented an email filing for in the interim —so we are now monitoring emails that are sent to the court and processing them multiple time a day so that they are processed timely in accordance with the Court Rules. The District Court Administrator is held to a comparable standard in duties, roles, knowledge, and expertise as other county department heads: Monitors, leads, trains, and manages staff. Doing research and setting goals Ensuring that the overall day to day operations run smoothly. Coordinates court and staff activities (judges in courtrooms, staff coverage for courtroom, Represent the District Court judicial branch at department meetings Manage the Juridical Branch of government for the district court of Mason County - all misdemeanors, civils of 100,000 or less, small claims of up to 10,000, civil protection orders, budget, Trust/Bank Account, accounts payables, revenues received and proper disbursement of those funds received, processing unclaimed monies and reporting to the Department of Revenues, etc. In comparing Job descriptions of the Chief Superior Court Administrator and the Current District Court Administrator the Nature of Work/Job Summary and the Classification Standards are essentially the same. Manages, plans and direct the operations of the Court, Probation and the therapeutic/specialty Courts. Manages the administrative division: Working directly with the judge(s), preparing the Courtroom schedule, scheduling interpreters and other professionals as needed, Briefing Summary 10/6/2021 preparing local court rules for judge, monitors legislative changes and implements changes in rules, forms, Preparing and submit local court rules for judge, monitors legislative changes and implements changes in rules, forms, Oversees adjustments and implementation of the Court schedules to ensure accommodations are made for judges, attorneys, clerk and support staff schedules; Manages the scheduling of interpreters for calendar needs, training court staff and managing courtroom staff; The District Court Administrator's responsibilities also include duties similar to those performed by the County Clerk's office, including but not limited to the following: Overseeing the receiving and processing all documents filed, courtroom clerks, the processing of court orders and submitting to agencies as required by statue, fine/fee/costs payments ordered by the court, monitoring revenues collected (approximate 5 year average of State and Local revenue collected - $ 1,752,018.00) and assuring proper distribution of said funds, collections, managing the courts Trust/Bank account, monitoring unclaimed payments made out for refunds, bail and reporting unclaimed monies to the Department of Revenue. In addition, the Administrator has daily interaction with the general public both in person and over the phone, helping resolve questions and/or complaints. A person who receives a traffic infraction, criminal citation for a misdemeanor or gross misdemeanor in Mason County or parking ticket in one of our many state parks located in Mason County, interacts with the District Court. Those seeking to obtain a civil protection order whether it be a Domestic Violence, Anti-harassment, Sexual Assault, stalking etc., come to the District Court. In addition, we receive and process all documents filed in civil suits up to 100,000 dollars and small claims up to 10,000 dollars. On occasion voluntarily receive telephone and/or emails from other county departments for advice on clerical and/or procedural matters and assist in resolving the same. Because the Court Administrator must have wide-ranging knowledge and all-encompassing skills to carry out the extensive duties and responsibilities, this change is necessary to achieve equity and parity. This change is needed to accurately reflect both the current and new responsibilities that the position calls for and to be more efficient in court operations of the District Court and District Court Probation. The position also requires to be able to stay on top of changes that affect court operations. Accordingly, the purpose of this briefing is to put forward our request that this department be allowed to reorganize the management of the District Court. Briefing Summary 10/6/2021 Added responsibilities 1. Manages, plans and direct the operations of the District Court Probation therapeutic/specialty Courts. 2. Manages the ZOOM court hearings as host, manage breakout rooms in ZOOM during court sessions, keeping it up to date and operational. 3. Researching needed technology to implement new requirements for remote hearings, conducting jury trials, and protecting health. This includes helping determine what resources are needed, the best and most cost effective to acquire, and coordinating its installation. 4. Manages the Language Access Plan for the District Court. (This was managed by the Superior Court Administrator until approximately 2019) 5. Manages the Interpreter reimbursement contract submit reports and Invoices for reimbursement of interpreter funding. (This was managed by the Superior Court Administrator until approximately 2019) 6. Overseeing the implementation of ongoing changes to move court towards becoming paperless, implementing a new case management system. This is something that is happening state wide and involves more involvement with managing technology. 7. Overseeing Dispute Resolution added to civil and small claims—Contracting with the Mason Thurston Dispute Resolution center, adding additional time, calendars, and file management. As of this writing, there is nothing to suggest that there will be a return to the pre-pandemic status-quo. The Administrator and Deputy Administrator will continue to have these new responsibilities for the foreseeable future. The Chief Deputy Administrator would be a Non-Union position and is needed to assist and cover these responsibilities in the Court Administrators absence, and assist with some of the duties. This reorganization is necessary as many duties that are preformed when filling in for the Court Administrator are HR and management related and cannot be done by a union represented position. This even precludes training to carry out these management tasks meaning there is no backup. We need to be able to stay on top of the caseload volume, both in the District Court and District Court Probation, maintain and comply with the State Auditor's recommendations in regards to separation of duties to audit and track financial transactions along with other State Auditor requirements, to stay on top of any legislative changes to reduce the possibility of the County being sued, loss in revenues, and not being in compliance with RCW's, Court Rules and Supreme Court orders. This Chief Deputy Administrator will provide succession planning, depth and continuity of government in emergency situations. We would like to fill this position effective January 1, 2022, at a Range 29, step 3 on the 2021 non-union pay scale. Briefing Summary 10/6/2021 BUDGET IMPACT: 2021 budget impact would be $16,627.00 —The District Court Administrator has been in the current position since May 1995 and performing additional responsibilities year to year with a significant increase over the past two years or more. Therefore, we are requesting the current District Court Administrator be changed to Chief District Court Administrator on the Non- Union pay scale, Range 41 Step 5. Making it retroactive to January 1, 2021 as the current administrator has been performing these additional duties since at least 2019. Chief Deputy Administrator—This position would be filled effective January 1, 2022. Budget impact would be $105,835.00 in 2022. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Place on action agenda to approve the proposed reorganization of the District Administration, retitle the Current Administrator as Chief District Court Administrator and move to range 41 —step 5, retroactive to January 1, 2021 as these additional job duties have been being performed at least since 2019 and been exasperated by the pandemic. Create, post and fill a Chief Deputy Administrator. The change in District Court FTE count is increased by 1. ATTACHMENTS: Proposed Organizational chart Proposed Chief Administrator job description Proposed Chief Deputy Administrator job description Budget impact worksheet Briefing Summary 10/6/2021 co U POSITION DESCRIPTION ISM Title: Department: Chief District Court Administrator District Court Affiliation: Reports to: Non-Represented District Court Judge Exempt:_X_Non-Exempt: Supervises/Directs: Chief Deputy Administrator Administrative Assist, Judicial Support Specialists, & Adult Probation Office Risk Class: Salary: 5306-07 According to Non-Represented Salary Scale—TBD Established Date: Revision Date: 1994 NATURE OF WORK/JOB SUMMARY The Chief District Court Administrator serves as the Court Executive Officer (CEO) for the Court. The Chief District Court Administrator works under the direction and supervision of the Presiding Judge in accordance with General Rule 29 and all applicable state laws. This position assumes full responsibility for the planning, directing, implementation, and management of all the non judicial, day-to-day operations of the District Court and District Court Probation. The Chief District Court Administrator develops and implements policies and procedures, the court budget, oversees personnel management and development, accounting, case-flow management, oversight of projects, grants, contracts, establish and maintaining the court's continuity of operations plan, and other responsibilities as required. This position will provide leadership, strategic vision including but not limited to developing short and long-term goals for effective court services. CLASSIFICATION STANDARDS The single position allocated to this classification is responsible for the direction and administration of all non-judicial functions of the District Court, Judicial support staff, Probation staff and Specialty/therapeutic Courts including, but not limited to, fiscal management, staffing, establish and manage filing system and implementation of those systems by the court staff, Adult Probation for administrative purposes and payroll, and the management of courtroom facilities. The District Court Administrator receives general administrative direction from the District Court Judge(s). \position descriptionsldistrict eourACourt Executive Officcrldistrict court administrator.doc Page I of 7 POSITION DESCRIPTION 1854 ESSENTIAL JOB FUNCTIONS (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Assumes full responsibility for the planning, directing, implementation, and management of all the non-judicial, day-to-day operations of the District Court, District Court Probation and Specialty/Therapeutic courts/programs to permit the maximum allowance of Judge(s)' time for judicial work. Represents the court as an independent branch of government with local and state legislative and executive branches. Manages and coordinates the activities of the court support operations staff and probation staff by participating in staff selection, planning, and organizing workloads and assignments, conducting performance evaluations. Provides training to employees to ensure effective delivery of services by the department. Implements policies, procedures, and performance standards to assure efficient and effective departmental operations that are in compliance with court rules, county guidelines, District Court goals and objectives. Reviews and analyzes existing practices and procedures to recommend improvements and changes as warranted. Collaborates with the presiding judge to develop strategic plans and projects and directs and oversees the implementation of plans to ensure adherence to Washington State's judicial standards, regulations, and statutes. Monitors court rules, state and federal laws, new legislation to ensure court administrative operations are in compliance. Oversees the preparation and distribution of a variety of reports and documents to ensure they are accurate and timely. Supervises and coordinates the proper retention, storage, disclosure and destruction of court records and documents in accordance with applicable rules, laws, and regulations. Oversees the creation, adjustments, and implementation of the court schedules to ensure accommodations are made for the Judge(s)', attorneys' and support staffs' schedules. Oversees the monitoring of cases, caseloads, and courtrooms, adjusting caseloads and courtrooms as necessary. Overseas security measures and issues affecting court operations. Manage and monitors and runs zoom court for multiple simultaneous hearings. Manages breakout courtrooms during court sessions. Performs general administrative duties to assist the Judge(s) including preparation of Court orders. Updates the presiding judge of financial conditions, program progress and identifies opportunities for improvement and implements as directed. Oversee the processing of appeal case to Superior Court. Coordinates interpreters scheduling as needed. Oversees the bailiffs for District Court. \position descriptions\district court\Court Executive Officer/district court administrator.doc Page 2 of 7 POSITION DESCRIPTION Works in coordination with the County Clerks Jury Manager for District Court Trials. Oversees the jurors summoned and selected for District Court Jury. Provides liaison between Judge(s) and Court support staff ensuring good working relations. Participates on behalf of the Judge(s) in collective bargaining/labor management relations and must be able to handle stress and intense discussion of ideas. Monitoring and resolving grievances and other personnel matters. Reviews and develops responses to grievances appealed to the court administrator, presiding judge, or executive committee. Ensures appropriate and timely research, analysis, and responses to citizen inquiries or complaints whether received directly or at county commission meetings. Redesigns and improves forms and public notices; and coordinates publication and dissemination of such materials; responds to verbal and written public inquiries. Prepares submissions for the County commission on all topics including but not limited to budget concerns and notifications. Attends and participates at county commission and other board or committee meetings as directed. Prepares and administers the District Court and District Court Probation budgets, including grants, based on staffing and resource requirements, cost estimates, and objectives and goals. Monitors and documents expenditures assuring compliance with approved budget and staffing levels. Coordinates purchases including equipment and supplies. Prepares and administers the District/Superior Court Trial Court Improvement Fund. Manages the Trust/Bank account for the District Court, including monthly reconciliation, submitting monthly remittance reports and remittance check to the county treasurer, issue checks for bail refunds, overpayments, civil judgments, and restitution payments. Process stop payments on outstanding checks, process any NSF Checks, etc. Manages all financial functions of the court including payroll, accounts payable, accounts receivable, cash handling, purchasing, data collection for the preparation of financial reports and assists with county and state audits for the court. Oversees the revenue receipting and distribution function; making adjustments as needed to ensure accuracy. Oversees the collection process and develops programs for the efficient collection of fines and forfeitures. Manages, monitors the reporting of unclaimed property to the Department of Revenue. \position descriptionsWistrict courtWourt Executive Officer/district court administrator.doc Page 3 of 7 x. POSITION DESCRIPTION Oversees the Emergency Management for the court including attending county emergency management briefings to exchange information. Adjusts work assignments and schedules in the event of an emergency to participate in emergency preparedness, response, and recovery activities as assigned. Coordinates the court's disaster cost recovery efforts during proclaimed emergencies. Coordinates activities with other department managers, elected officials, other county departments, outside agencies and organizations. Participates in development of court and site-specific emergency plans, policies, and procedures, including building evacuation plans, continuity of operations plans and emergency response plans. Establishes and maintains effective working relationships with judges, attorneys, elected and appointed officials, law enforcement, probation agencies, correctional institutes, and various governmental agencies. Identifies new information technology for the improvement of case management; manage procurement and ensures effective implementation. Works closely with IT Division to determine technology needs, convey requirements and coordinate implementation. Directs website content and updates. Coordinates with correctional agencies to facilitate court appearances for virtual, telephonic, and in-person court proceedings. Acts as the court liaison between the sheriffs office/police department(s), prosecutor and public defender regarding jail issues. OTHER JOB FUNCTIONS Analyzes and recommends improvements to existing services and operating systems of the Court. Develops and maintains systems and records that provide for proper evaluation, control and documentation of assigned operations. Generates statistical and summary reports regarding District Court and District Court Probation functions. Initiates or processes Court correspondence as required to maintain caseloads. Responds to inquiries, problems, complaints or emergencies affecting the availability or quality of services ensuring appropriate and timely resolution of a variety of situations. Conducts the planning and management for the changing physical needs of the court including space design, utilization, and maintenance. Participates in continuing education and development in the court business areas identified by the National Association for Court Management (NACM) as core competencies. Participates in continuing education and development related to leadership and management \position descriptions\distriet court\Court Executive Officer/district court administrator.doc Page 4 of 7 POSITION DESCRIPTION Performs other duties as assigned, including but not limited to being assigned to work in other functional areas to cover absences or relief, equalize peak work periods, or balance the workload. WORKING CONDITIONS Duties are primarily performed in an office or courtroom environment while sifting at a desk or computer terminal. Frequent exposure to individuals who may be distraught, violent, or abusive. Hand eye coordination and fine manipulation skills are necessary to operate computers and a variety of office machinery. This position also requires the ability to speak and hear to exchange information, the ability to sit for extended periods, and the ability to bend and stretch to retrieve and maintain files and records. Physical exertion may be required to lift boxes, equipment and supplies ranging in weight from 10-40 pounds. Work beyond the normal workday and/or weekends may be required. QUALIFICATIONS The District Court Administrator possesses a comprehensive knowledge of the statutes and rules governing the operation of District Court and adult probation; the ability to plan, organize and supervise personnel engaged in work requiring accuracy and attention to detail; and the ability to communicate effectively orally and in writing. Specific knowledge and ability includes, but is not limited to: Knowledge of • General Rule 29 (GR29). • Nationally developed trial court performance standards • Knowledge of the Washington State Criminal code. • Knowledge of legal procedures in courts of limited jurisdiction. • District Court practices, principles, and procedures. • District Court Probation practices, principles and procedures • Modern principles and practices of management and supervision, including personnel administration. • Legal requirements, regulations and laws applicable to District Court and adult probation. • Principles and practices of governmental fiscal management, including budget preparation, expenditure control, and record keeping. Ability to • Plan, organize and oversee assigned work programs, including monitoring work schedules and evaluating the work of subordinates. • Analyze and evaluate operations and develop and implement corrective action to resolve problems. • Establish and maintain effective working relationships with employees, County Commissioners, judges and all other elected officials, department heads, other agencies, and the general public. • Communicate effectively, both orally and in writing, with individuals and groups regarding \position descriptionsWistrict courtlCourt Executive Ot7iceddistrict court administrator.doc Pan 5 of 7 POSITION DESCRIPTION R complex or sensitive issues or regulations—often under stressful and high-pressure situations. • Perform accounting and budget administration functions. • Forecast, plan and implement program adjustments as required by changing conditions. • Operate office equipment, including computers. EDUCATION AND EXPERIENCE --Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: A Bachelor's degree or greater from an accredited college or university in public administration, business administration or closely related field or five (5) years' experience in a court or legal environment including experience in budget administration, and 2 years of supervisory supervision. Qualified experience may be substituted for education on a year-for-year basis. Certified Court Manager (CCM) Certification will be considered the equivalent of two years' experience in management in the justice system. Combination of a Certified Court Executive (CCE) and (CCM) will be equivalent of four years' experience in management in the justice system Five (5) or more years of significant executive level supervisory responsibilities and experience working with elected officials and department directors highly desired. LICENSES. CERTIFICATES AND OTHER REQUIREMENTS If you drive to and from work and/or for any work related matter you must possess a valid Washington State Driver's License and vehicle insurance or request and approved reasonable accommodation. Must be able to pass a criminal history background check. Must have or obtain a National Center for State Courts (NCSC) Certified Court Manager certification within six years of hire. Sexual Harassment & Discrimination —Annually Smart Risk Management— Once Slip, Trip and fall —Annually Safe Lifting Practices —Annually FEMA IS 100 AND 700 — Once FEMA IS-907 —Active Shooter—Annually \position descriptions\distriet court\Court Executive Officer/district court administrator.doc Pa--e 6 of roar � CUU f A POSITION DESCRIPTION ,85, Additional job specific trainings may be issued at a later date Elected Official Signature of Approval Human Resources Signature of Approval I have read and understand the above position description: Name: Date: Signature: \position descriptions\district court\Court Executive Officer/district court administrator.doc Pa,e 7 of 7 M„ POSITION DESCRIPTION Title: Chief Deputy Administrator, District Court ]--Department: District Court Affiliation: Non-Represented Reports to: Court Executive Officer-Chief Administrator Exempt:_X_ Non-Exempt: Supervises/Directs: Administrative Assistant, Judicial Support Specialist I, II, III and Probation staff. Risk Class: 5306-07 Job Class: Salary: According to current Non-Represented Salary Scale Elected Official Approval Date: Human Resources Approval Date: GENERAL DESCRIPTION: Professional level position that is appointed by the judge and is delegated authority to assume all the non-judicial duties of the Chief District Court Administrator in his/her absence, and to assist with the daily management of the District Court and District Court Probation departments. This employee exercises considerable independent judgment and discretion, and performs and takes responsibility for assigned duties and procedures. Work is varied, so must be adaptable to assist in other areas as needed. Position requires thorough technical knowledge of court functions and procedures and the ability to perform administrative & supervisory duties. This position requires confidentiality and assists in hiring, wages/promotions and union negotiations. Supervises and provides direction to employees in daily operational activities and events of the District Court and Probation Department including planning, coordinating and managing staff and programming. Ensures staffing resources are available for department's needs. ESSENTIAL JOB FUNCTIONS (Any one position may not include all the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Assumes all duties and responsibilities of the Chief District Court Administrator in his/her absence as needed and as directed by the Chief District Court Administrator and/or Presiding District Court Judge. Plans, Assigns, supervises and evaluates the work of assigned staff. Advises and trains staff or volunteers as necessary; conducts performance evaluation and makes decisions regarding the hiring, transfer, promotion or termination of staff, approves and implements disciplinary actions as warranted. Assists in organizing, coordinating and directing daily activities in the district court and district court Probation including planning, coordinating, and managing staff and programming. Analyzes and interprets written court orders to determine appropriate procedures utilized. Est.12.2010/Rev 1-10.19.2017(format)/Rev 2-02-25-2020 Acts as the Site Coordinator for the Court Case Management system currently JIS (Judicial Information System), Probation Case management system. Court Interpreter Coordinator— Recruit, assign, and confirm interpreters for all spoken languages, American Sign Language and deaf captioning for court hearings. Provides newly acquired interpreters with court policy and procedures, obtains oath of interpreter. Supervises and coordinates scheduling of interpreters and case tracking procedures Address any accommodation requests submitted by persons with disabilities (GR33) County Munis system by assisting the Chief District Court Administrator with personnel records and preparing payroll for certification by the District Court Chief District Court Administrator, Invoice entry for accounts payable etc. Assists the public at the counter, over the telephone and via mail by answering questions and requests and research for information. Works directly with the Jury Manager for scheduling of jurors, bailiffs etc. Collects, receipts and/or disburses money for all case filings, fees, fines and restitution. Assists with accounting activities, including but not limited to, daily deposits, bank account reconciliations, monthly transmittals to the County Treasurer of revenue collected, monitor the Trust Accounts, outstanding checks, stop payments and NSF checks. Monitors bankruptcy notifications and accounts. Responsible for auditing accounts receivable adjustments and disbursements, including write-off reports, and adjustments made by staff. Audits outstanding warrants of arrests, civil judgment payments, gamishments and writs. Manages the Record Retention per the State Retention schedule and prepares the Certificate of Record Destruction for District Court and District Court Probation. Assists court staff as needed in preparing court calendars and is a courtroom clerk during court sessions and trials, takes minutes and records all proceedings, marks exhibits, processes orders of the court and all court documents as needed. Prepares forms, reports, memos and letters. Provides information, advice, or directions concerning District Court services, including response or intervention regarding difficult problems or questions raised by the public, attorneys, or other parties served by the office. Acts as back up to assigned Public Records Officer for the department. Perform internal audits on employee's work. Implements policies, procedures and office systems to ensure effective office and program operations in compliance with legal requirements and department goals and objectives. Est.12.2010/Rev 1-10.19.2017(format)/Rev 2-02-25-2020 Ability to perform online banking requirements and Performs tasks and duties as set forth on work assignment document and as requested by the Chief District Court Administrator and/or District Court Judge. OTHER JOB FUNCTIONS Performs other related duties as assigned. WORKING CONDITIONS Duties are primarily performed in an office or court environment while sitting at a desk, computer terminal or counter for prolonged periods of time. Duties also include filing court files and documents in file vault or in jail storage area. May occasionally lift items weighing 10 to 40 pounds. QUALIFICATIONS Knowledge of • Fundamental principles and modern practices of administration, including those related to office and personnel management, general budgetary, accounting and fiscal Practice, functions and procedures of the District Court Office and general knowledge of countywide departmental functions and procedures. • Supervisory and office administration principles and practices including budgeting, direction, coordination and evaluation. • Computers and other office equipment • District Court policies, procedures, terminology, and legal requirements. • Public Records Act • GR 29 • GR 33 Ability to • Plan, organize and oversee assigned work programs. • Develop program goals and objectives. • Ability to monitor budgets and funding, work schedules and progress reviews. • Follow oral and written instructions. • Analyze and make decisions and judgements relating to area of responsibility. • Establish and maintain effective working relationships with employees, County Departments, committees, other agencies, Public Officials and the public. • Operate standard office: machines, computers and equipment accurately and efficiently • Must be able to understand and carry out oral and written instructions, and apply guidelines and training materials to the position • Must be able to function under pressure and meet stringent deadlines • Perform the essential functions of the job • Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues or regulations. • Maintain the confidentiality of sensitive and confidential information. • Perform complex, technical calculations. • Develop, coordinate and implement regulatory training programs for staff and volunteers. Est.12.2010/Rev 1-10.1 9.2017(format)/Rev 2-02-25-2020 EDUCATION AND EXPERIENCE — (Any equivalent combination of education and experience, which provides the applicant with the knowledge,skills,and abilities, required to perform thejob.)A typical way to obtain the knowledge and abilities would be: • Bachelor's degree in business, office administration, accounting or related field — preferred • Minimum of 5 Years of progressively responsible supervisory management experience, preferably in the criminal justice system; or any equivalent combination of experience and education which provides the applicant with the desired skills, knowledge and ability required to perform the work. LICENSES. CERTIFICATES, AND OTHER REQUIREMENTS: If you drive to and from work and/or for any work-related matter you must possess a valid Washington State Driver's License and vehicle insurance or request and get approval for a reasonable accommodation. CCM (Certified Court Manager) certification — thru the ICM (Institute of Court Manager) Courses preferred. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Smart Risk Management—Once Slip, Trip and Fall—Annually Safe Lifting Practices—Annually FEMA IS 100, 700, 907- -Once FMLA - Once REGULAR MONITORED DRIVER: Yes X No Additional job specific trainings may be issued at a later date. Human Resources Signature of Approval: Date: Elected Official Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: Est.12.2010/Rev 1-10.19.2017(format)/Rev 2-02-25-2020 Mason County District Court Approved by the Board of Commissioners RE-Organizational Sharon Trask Date Chart for 2021 Court Commissioner(.$) DISTRICT COURT JUDGE RandyNekherlin Appointed by Judge George A.Steele Kevin Shutty CHIEF DISTRICT COURT ADMINISTRATOR CHIEF DEPUTY ADMINISTRATOR DISTRICT COURT DISTRICT COURT PROBATION Judicial Judicial Judicial Admin Probation Probation Judicial Assistant Support Support Support Officer Officer Probation Probation Specialist Specialist Specialist (Lead) Support extra help 111 11 1 Specialist (2) (1) (4) Therapeutic/Specialty Courts DISTRICT COURT — - CURRENT ADMINISTRATOR Salary Range 3S(Step S) Salary $ 89,594.00 L&I $ 411.00 ' FICA . $ 6,854.00 State Retirement $ 9,184.00 Medical -�$-- 18,447.00 WA PD FMLA $ 131.00 — Total ; $ 124,621.00 Chief Deputy Chief District Court Administrator Proposed New -_ Administrator (20.2_1_)_ _ j (2022) Salary Range 41(Step 5) 29(Step 3) Salary $ 103,679.00 $ 73,680.00 L&I $ 411.00 $ 411.00 FICA_ $ 7,932.00 $ 5,637.00_I_ State Retirement $ 10,627.00 $ 7,552.00 Medical 18,447.00 WA PD 1.FMLA ! $ 152.00 $ 108.00 ` Total — $ 141,248.00 $ 105,835.00 Effective date January 2022 BUDGET IMPACT $ 16,627.00 I I !INCREASE DISTRICT COURT FTE-+1 ADDENDUM 2 This Addendum 2 relates to that certain Vacant Land Purchase And Sale Agreement dated August 2, 2021 between Mickelson Industries, Inc. (Buyer) and Mason County (Seller) concerning Lot 8 W. Public Works Drive, Shelton, WA 98584. The Feasibility Contingency Expiration Date referenced in Paragraph 15 of the Agreement shall be extended to no later than March 20, 2022 and the Closing Date referenced in Paragraph 10 shall be extended to no later than March 31, 2022. All other terms and conditions shall remain unchanged. AGREED & ACCEPTED: 10/26/2021 Authorized Signator -- BUYER Date Authorized Signator -- SELLER Date ADDENDUM 2 This Addendum 2 relates to that certain Vacant Land Purchase And Sale Agreement dated August 2, 2021 between Mickelson Industries, Inc. (Buyer) and Mason County (Seller) concerning Lot 7 W. Public Works Drive, Shelton, WA 98584. The Feasibility Contingency Expiration Date referenced in Paragraph 15 of the Agreement shall be extended to no later than March 20, 2022 and the Closing Date referenced in Paragraph 10 shall be extended to no later than March 31, 2022. All other terms and conditions shall remain unchanged. AGREED & ACCEPTED: 10/26/2021 Authorized Signator -- BUYER Date Authorized Signator -- SELLER Date Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 11/1/21 PREVIOUS BRIEFING DATES: July 19, 2021, and September 14, 2021 If this is a follow-up briefing, please provide only new information ITEM: Housing Needs Assessment EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Two quotes were submitted to conduct the Housing Needs Assessment. A scoring panel was convened to review, evaluate, and score the quotes. BUDGET IMPACTS: $50,000 from the HB 1406 fund PUBLIC OUTRACH: (Include any legal requirements, direct notice, website, community meetings, etc.) News Release and email blasts to qualified firms on the Housing Finance Commission website RECOMMENDED OR REQUESTED ACTION: Approval to negotiate terms and develop a contract with FCS Group to conduct the housing needs assessment ATTACHMENTS: None Briefing Summary 10/25/2021 Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom DEPARTMENT: Community Services EXT: 260 BRIEFING DATE: 11/1/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Amendment to the Consolidated Homeless Grant: Contract Number: 22-46108-20 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Department of Commerce(Commerce) is making available in Washington State $40 million of state document recording fee funds to pay for the leasing of hotel and motel rooms (whole buildings or individual rooms),repair of damages beyond regular wear and tear to hotel and motel rooms, rent assistance for people experiencing homelessness(rapid re-housing), outreach associated with bringing people into housing,and associated operating, services and administrative costs. Funds supporting these activities must be operationalized by January 2022 and are available for expenses incurred July 1, 2021,through June 30, 2023. These funds will be incorporated into existing or new Consolidated Homeless Grants(CHG). The homeless crisis response system has a centralized rapid rehousing(RRH) program administered by Crossroads Housing with offices in Shelton and Belfair. Crossroads is also a recipient of CHG funds, and this expands the ability to work with all community partners and prioritize households throughout Mason County for assistance. The grant total is $469,446 with $434,446 to be amended through our CHG subcontract as follows: $35,000 administration, $120,000 operations, $196,946 Hotel Leasing, and $82,500 for rapid rehousing. BUDGET IMPACTS: PUBLIC OUTRACH: (Include any legal requirements, direct notice, website, community meetings, etc.) MCH will aid in the outreach and marketing efforts RECOMMENDED OR REQUESTED ACTION: Approval to move the Commerce CHG amendment and amend the contract with Crossroads Housing. ATTACHMENTS: Commerce Amendment, Crossroads Amendment Briefing Summary 10/26/2021 DocuSign Envelope ID:OAA04EF9-BD4F-4904-9383-OAA26C5EC40A nmendnlent Contract Number:2246108-20 Amendment Number:A Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Consolidated Homeless Grant(CHG) 1.Conti-actor 2.Contractor Doing Business As(optional) Mason County Public Health 415 N.Gh St Shelton,WA 98584 3.Contractor Representative 4.COMMERCE Representative Casey Bingham Jessica Simon PO Box 42525 Fiscal Manager Grant Manager 1611 Plum St SE 360-427-9670 ext 562 (360)972-4143 Olympia,WA 98504-2525 caseybQco.mason.,%va.us jessica.simon@commerce.wa.gov. 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $2,874,675 $469,446 $3,344,121 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment.End Date .Federal: State:X Other: N/A: October 1,2021 June 30,2023 11.Federal Funds(as applicable): Federal Agency: CFDA Number: NIA I N/A N/A 12.Amendment Purpose:Adds Hotel Leasing and Rapid Re-Housing fimds. COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference:CHG Guidelines(as they may be revised fiom time to time),and Contract Terms and Conditions including Attachment"A"—Scope of Work,Attachment"B"—Budget.A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract"shall mean the"Contract as Amended". FOR GRANTEE FOR COMMERCE Randy Neatherlin,BOCC Chair Diane Klontz,Assistant Director Community.Services and Housing Division Date Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce DocuSign Envelope ID:OAAD4EF9-BD4F-4904-9383-OAA26C5EC40A Amendment This Contract is amended as follows: Attachment A Scope of Work is hereby revised to include additional activities: 1. Hotel Leasing and Rapid Re-Housing funding will be used for: a. Hotel Leasing/Emergency Shelter for 4 hotel rooms/units b. Rapid Re-Housing for 1 household per month, 25 households in total c. Case Management and Outreach to assist households 2. Activities this funding is supporting will be operationalized by January 2022. i 2 DocuSign Envelope ID:OAAD4EF9-BD4F-4904-9383-OAA26C5EC40A Amendment Attachment B Budget Budget Categories Current Contract Amendment A New Total Amount (and any previous amendments CHG Standard Admin $50,488 $0 $50,488 Rent/Fac Support Lease $116,000 $0 $116,000 Other Rent/Fac Support Lease and $66,101 $0 $66,101 Housing Costs Operations $104,000 $0 $104,000 PSH CHF PSH CHF Rent/Fac Support Lease $39,000 $0 $39,000 PSH CHF Other Rent/Fac Support $1,000 $0 $1,000 Lease and Housing Costs PSH CHF Operations $10,000 $0 $10,000 HEN SFY 2022 July 2021-June 2022 HEN Admin 2022 $87,081 $0 $87,081 HEN Rent/Fac Support and Housing $867,722 $0 $867,722 Costs 2022 HEN Operations 2022 $289,240 $0 $289,240 HEN SFY 2023 (July 2022-June 2023 HEN Admin 2023 $87,081 $0 $87,081 HEN Rent/Fac Support and Housing $867,722 $0 $867,722 Costs 2023 HEN Operations 2023 $289,240 $0 $289,240 Hotel Leasing and Rapid Re-Housin Admin for Hotel Leasin /RRH $0 $70,000 $70,000 Hotel Leasin /RRH/O erations $0 $399,446 $399,446 Total $2,874,675 $469,446 $3,344,121 ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. 3 Contract Between Mason County Community Services Department of Public Health and Crossroads Housing Professional Services Contract number CH:2021-2023.CHG.2163.TST (MC 21-058) Amendment# 1 The purpose of this amendment is to revise the contract to include new Hotel/Motel Leasing and Rapid Rehousing funding available through the Department of Commerce. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. EXHIBIT A: SCOPE OF SERVICE is hereby revised to include additional activities 1. Hotel Leasing/Emergency Shelter for 4 hotel rooms/units throughout Mason County 2. Rapid Rehousing for 1 household per month, 25 households in total 3. Case Management, Hotel Liaison, and outreach to assist households 4. Develop and maintain subcontracts and/or MOUs with participating Hotels/Motels 5. Case managers will have multiple meetings per week with clients to ensure space is being well-maintained, and that clients are taking active steps in achieving goals toward housing independence 6. Activities this funding is supporting will be operationalized by January 2022 7. Develop prioritization policies and procedures to include the following: a. Households with minor children displaced into unsheltered homelessness due to eviction b. Covid Related situations from emergency shelters or temporary emergency shelters (this can mean non-Covid positive individuals to quarantine or remove them from contact with Covid positive persons) c. When no other shelter bed is available, families with minor children, individuals aged 65 and older, and single adults with chronic, physical health conditions d. Unsheltered persons with approved section 8 vouchers waiting for an available housing unit e. Unsheltered HEN eligible persons awaiting housing when no other housing or shelter option is available 2. EXHIBIT C: BUDGET: Additional line items for Hotel/Motel Leasing and RRH Program Administration: $35,000 Operations: $120,000 Hotel Leasing: $196,946 Rapid Rehousing: $82,500 TOTAL: $434,446 ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of 12021. Crossroads Housing: MASON COUNTY COMMISSIONERS Signature Randy Neatherlin, Chair Date Mason County Board of Commissioners Title Date 1 Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom/Lydia Buchheit DEPARTMENT: Community Services EXT: 404 BRIEFING DATE: 11/1/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: CHOICE Regional Health Network Youth Marijuana Prevention & Education Program Amendment extending the contract from July 1, 2021 to June 30, 2022. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This contract began in 2016 and is being continued for another year for $25,000 to do work in Mason County around Marijuana Prevention and Education. BUDGET IMPACTS: None PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Move to Action Agenda ATTACHMENTS: Choice Regional Health Network Contract Amendment N21986-17-6 Briefing Summary 10/26/2021 DocuSign Envelope ID:A48FB416-9CFE-409B-990E-BDCF387B76F0 1.1.1.1 CHOICE Regional Health Network CONTRACT AMENDMENT IA. NAME OF SUBCONTRACTOR 2A. CONTRACT NUMBER Mason County Public Health N21896-17-6 1B. ADDRESS OF CONTRACTOR 2B. AMENDMENT 415NV' St #6 1C. CITY, STATE,ZIP CODE Shelton, WA 98584 3. ® THIS ITEM APPLIES ONLY TO BILATERAL AMENDMENTS The Contract identified herein, including any previous amendments thereto, is hereby amended as set forth in item 5 below by mutual consent of all parties hereto. 4. ❑ THIS ITEM APPLIES ONLY TO UNILA -- The Contract identified herein, including c �(,�/� 1 ► 'l Wit unilaterally amended as set forth in item 5 S clause as contained therein. i;kl— 6bjua 1/r / 5. DESCRIPTION OF AMENDMENT: `� 41.e- c4iVl r'n 1 SS The Subcontractor and CHOICE Regional H( Marijuana Prevention and Education Progran conditions set forth in that Agreement remain such terms and conditions are modified or in which case this Amendment shall prevail. The purpose of this amendment is to revise the a. Term I. The term of this Contract shall begin July 1, 2021, and shall terminate on June 30, 2022. b. Statement of Work I. Participate in monthly meetings with other regional contractors and CHOICE YMPEP Coordinator. II. Participate in monthly one-on-one meetings with CHOICE YMPEP Coordinator. III. Participate in regional evaluation of YMPEP-funded efforts. IV. Participate in regional needs assessments,strategic planning,and work plan development efforts. V. Participate in at least one subcommittee meeting with CHOICE YMPEP Coordinator VI. Supply budget spend down projections in January 2022. VII. Plan for and execute at least 1 training per quarter for a total of 4 trainings minimum for the community in cultural competency or harm reduction.Trainings may be planned and executed in collaboration with other YMPEP contractors. Vill. Gather data relevant to county and/or local policy,system,or environmental impacts on youth cannabis use.Create one-pagers and media assets using this data for both the community level and for decision makers at the city,county,or state level.At least one public document will be made for each of these two audiences for a total of 2 documents minimum. IX. Using data gathered and other materials as appropriate,engage with decision makers at Liquor and Cannabis Board, local health board,city councils, county councils,district legislators or other governing bodies to educate on policies,systems,or environmental impacts on youth cannabis use. CHOICE Regional Health Network Amendment#5 Contract N21896-17 Page 1 DocuSign Envelope ID:A48FB416-9CFE-409B-990E-BDCF387B76F0 This can include engaging with parks departments at city and county level to update park signage to reflect vaping and cannabis use in public spaces,or to update local ordinances pertaining to vaping. X. Provide information and training/presentations on media literacy/awareness as it pertains to cannabis. Present at least once in public to community members. XI. Using relevant data,develop at least one social norms campaign focused on youth cannabis use, beliefs,or behaviors aimed at youth or adults in the community. XII. Provide safe and secure storage information to cannabis retailers for their customers,with at least one documented engagement quarterly. May also/alternatively engage with local pediatrician(s)to encourage safe storage during well child visits. c. Compensation I. For the services performed hereunder,the Contractor shall be paid $25,000.00 II. The Monthly Activity Reports are to be submitted to CHOICE by the 5th day of each month for the previous month's activity, and the Expenditure Report and Request for Reimbursement must be provided to CHOICE by the 15th day of the month for the previous month's activity in order to receive reimbursement for the previous month. If CHOICE does not receive the Monthly Expenditure Report and Request for Reimbursement form by the end of the month, CHOICE may withhold approval and payment, at its discretion, until the 30th of the month following submittal. CHOICE holds the rights to deny payment submitted beyond what has been stated. If the monthly invoice is not received within 30 days of the due date,the partner forfeits that payment. III. Contractor will submit all reimbursement forms to finance@crhn.org and to YMPEP Program Manager(lynchz@crhn.org). IV. Reimbursement requests must include supporting documentation such as approved timesheets, payroll records, and receipts for equipment, goods, services, related travel, and payments to sub-contractors. V. Expectations related to monthly billing will remain consistent. Late invoices will be processed in the subsequent month. CHOICE will no longer accept end of year invoices with less than ten days before final deadline submission to DOH to allow CHOICE finance appropriate time to process all documents. VI. Contractor will produce a required final 6-month expenditure plan by January 31st, 2022 to CHOICE YMPEP Program Manager and Coordinator explaining in detail how the remaining YMPEP funds will be spent by June 30th, 2022. If CHOICE YMPEP Program Manager does not receive a final 6-month expenditure plan by January 31st, 2022 and/or the funds are not 50%spent by this date, CHOICE reserves the right to reallocate those unspent funds for YMPEP enrichment activities, events,trainings, or other such relevant uses. i. This Amendment's Effective Date shall be July 1, 2021. 6. ❑ This is a unilateral amendment. Signature of contractor is not required below. ® Contractor hereby acknowledges and accepts the terms and conditions of this amendment. Signature is required below. IN WITNESS WHEREOF, CHOICE and the Subcontractor have signed this agreement. CHOICE Regional Health Network Amendment#5 Contract N21896-17 Page 2 Uocu6ign Envelope IU:A48FB416-9CFE-409B-990E-BDCF387B76F0 SUBCONTRACTOR Name T"k Randy Neatherlin Commissioner SUBCONTRACTOR SIGNATURE Daw CHOICE REGIONAL HEALTH NETWORK SIGNER'S Name Tak Jean Clark CEO CHOICE REGIONAL HEALTH NETWORK SIGNATURE CHOICE Regional Health Network Amendment#5 Contract N21896-17 Page 3 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING November 1,2021 Briefing Items • Approval to create a resolution for the 2021 County Road Safety Projects funded through the Highway Safety Improvement Program(HSIP), creating the following County Road Projects: 1. CRP 2032 -Guardrail Retrofit to Existing Bridges 2. CRP 2033 -Horizontal Curve Analysis—Data Improvement 3. CRP 2034- Sign Post Reflective Panels. • Surplus of Personal Property(Vehicles and Vehicle Equipment). Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items • Public Hearing to consider the 2022 Annual Construction Program. • Public Hearing to consider the 2022-2027 Six-Year TIP Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson Other(list below): MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins PLS, PE, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 1 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources u Legal ❑ Other— please explain ITEM: County Road Project (CRP) 2032— 2034 2021 County Road Safety Projects Background: On April 27, 2021, Commissioners authorized Public Works to submit a Highway Safety Improvement Program (HSIP) Grant to WSDOT for the purpose of funding safety projects throughout the county. WSDOT has notified Public Works that Mason County was selected to receive federal funding through the program in the amount of $512,000. With funding secured, County Road Projects (CRP's) No. 2032 through 2034, safety projects are being created. These projects are described as follows: CRP Road Name/Bridge No. Awarded 2032 Various County Bridges $385,000 Project Info.: Installing Guardrail Retrofit to Existing County Bridges CRP Road Name/Bridge No. Awarded 2033 Various County Roads $73,000 Project Info.: Horizontal Curve Analysis— Data Improvement CRP Road Name/Bridge No. Awarded 2034 Various Roads $54,000 Project Info.: Sign Post Reflective Panels BUDGET IMPACTS: We plan to deliver these projects in 2022. If all phases are authorized prior to September 21, 2022 the projects are eligible for 100% funding. If construction is not obligated by April 30, 2023 a 10% local match is required. RECOMMENDED OR REOUESTED ACTION: Request Board authorize the following for each of the 2021 County Road Safety Projects: 1. Execute a resolution for County Road Projects 2032, Guardrail Retrofit to Existing Bridges, CRP 2033, Horizontal Curve Analysis— Data Improvement and CRP 2034, Sign Post Reflective Panels, 2. County Engineer to advertise, set bid date/time and award contract; 3. County Engineer to announce Request for Qualifications as needed for consultant services for the project and enter into contract(s). 4. County Engineer and/or the Chair to sign all pertinent documents for project and Federally funded Highway Safety Improvement Program grant. Attachment: Resolution Project location map BEFORE THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON. In the matter of initiating county road projects and assigning CRP numbers. IT IS HEREBY RESOLVED THAT the roads listed below be improved as shown between the points indicated. RESOLUTION NO. 2021- These projects are hereby declared to be public necessity and the county road engineer is hereby ordered and authorized to report and proceed as by law provided.(RCW 36.75.050,36.80.030,36.80.070 and/or WAC 136-18-030). IT IS FURTHER RESOLVED that appropriations from the officially adopted road fund budget and based on the county engineers estimates are hereby made in the amount and for the purposes shown: Cost Estimate(Thousand Annual ' Const. Road Name or Road M.P. Type of Contract and/or Project CRP No. Prog.Item Bridge No. Log No. Project Name to Work Local Grant Engr R/VV County Forces Total No. M.P. (See Code) Guardrail Retrofit to _ 2032 24 Various Bridges - Existing Bridges G - 385 49 13 323 385 Horizontal Curve 2033 25 Various Roads - Analysis-Data - G - 73 - - - 73 Improvement 2034 26 Various Roads - Sign Post Reflective G 54 4 50 54 Panels 0 1 5121 53 1 13 1 373 1 512 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (6) TYPE OF WORK CODE A.Grading and Drainage F.Sidewalks K.Environmental Mitigation (11) The construction is to be accomplished by contract B. Base&Top Course G.Traffic Facilities L.Fish Passage in accordance with RCW 36.77.020 et.seq.AND/OR C. B.S.T./SEALS H.Paths,Trails,Bikeways(RCW 47.3 The construction is to be accomplished by county D.A.C./P.C.C.Pavement I. Bridges forces in accordance with RCW 36.77.065 and WAC 136.18 E.Curbs and Gutters J. Ferry Facilities ADOPTED this day of 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Randy Neatherlin,Chair McKenzie Smith,Clerk of the Board APPROVE AS TO FORM: Kevin Shutty,Vice Chair Tim Whitehead, Ch.D.P.A Sharon Trask,Commissioner cc: Commissioners Engineer JOURNAL: Publ. It: 11/1 /21(Bill Rd Dept.) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 1, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal a Other — please explain ITEM: Surplus of Personal Property EXECUTIVE SUMMARY: ER&R has vehicles and vehicle equipment that has been replaced or are no longer needed. The attached notice lists of all of these items requested to be declared surplus and disposed of at an auction through Washington State Surplus. Public Works also has four (4) bulk tanks that had been used on trucks no longer in the Public Works fleet. These tanks cannot be surplused because they had flammable liquid inside, therefore will be recycled and/or disposed of. These processes are pursuant to the County's comprehensive procedure for the management of County property (Ordinance 84-04, Mason County Code Chapter 3.40, Management and Disposition of Property) and the laws of the state of Washington. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize ER&R to declare the attached list of vehicles and vehicle equipment as surplus and allow ER&R to dispose of pursuant to Mason County code and state laws through the Washington State Surplus auction. Attachment: 1. Notice 2. Vehicle/Equipment parts list information NOTICE OF SALE The Board of Mason County Commissioners has declared the following vehicles and equipment as surplus and will be disposed of at public auction. Vehicle List: Vehicle Equipment List: Year Description Odometer Year Description 2002 Ford Taurus 99,563 1991 Swenson Sander Box 2006 Chevy Impala 91,246 1995 Swenson Sander Box 2001 Chevy Express Van 73,297 2004 Ford F350 231,570 2006 Chevy C/C SVC Box 266,029 Auctions will be held through Washington State Surplus Program (7511 New Market Street, Tumwater, WA 98512; Phone (360) 753-3508) Auction information regarding these items can be found on the Washington State Surplus web site: www.publicsurplus.com. Dated this day of November, 2021 BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board. cc: Cmmrs Engineer Journal (Shelton): Publ. 1t: 12/2/21 & 12/9/21 Veh/Equip# Description Dept Mileage Reason for Surplus #4 2002 Ford ER&R 99563 Not in use Taurus #10 2006 Chevy ER&R 91246 motor pool landfill car swap for car 12 Impala #127 2001 Chevy ER&R 73297 Not in Use Old Sherrill Van Express Van #252 2004 Ford Roads 231570 Old Sign Truck used in Belfair that has issues F350 #240 2006 Chevy Roads 266029 Not in use old Sign Shop/Survey C/C SVC Box #940 1991 Roads N/A Truck 212 is being surplused sander doesn't Swenson work Sander #956 1995 Roads N/A Truck it fit has been surplused and doesn't Swenson work Sander #9 Bulk Tank Roads N/A Truck#210 damaged want to recycle can't Surplus #10 Bulk Tank Roads N/A Truck 211 Has been surplused #11 Bulk Tank Roads N/A Truck 196 has been surplused #14 Bulk Tank Roads N/A Truck 252 on Surplused List won't use tank