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HomeMy WebLinkAbout2021/12/06 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF December 6, 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 msmith(a)masoncountywa.gov; or mail to Commissioners Office, 411 North 5tn 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 December 6, 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, December 6, 2021 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. 2022 Budget Hearing — Jennifer Beierle 10:00 A.M. District Court — Patsy Robinson 10:10 A.M. Support Services — Mark Neary 10:40 A.M. Community Services — Dave Windom 11:00 A.M. Juvenile and Superior Court — Jim Madsen 11:15 A.M. Public Works — Loretta Swanson Utilities &Waste Management Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 12102121 at 10:53 AM If special accommodations are needed, contact the Commissioners'office at ext. 419, Shelton#360-427-9670;Belfair #275-4467, Elma#482-5269. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: George Steele, Judge Patsy Robinson, Chief District Court Administrator DEPARTMENT: District Court EXT: 278 BRIEFING DATE: December 6, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance Human Resources x❑ Legal i Other — please explain ITEM: Interpreter Reimbursement Program (Interagency Agreement IAA22480) The beginning of performance under the Agreement is July 1, 2021, regardless of the date of execution and which shall end on June 30, 2022, Fiscal Year 2022 (FY22) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): District Court has been invited to participate in the Court Interpreter Reimbursement Program through the Administrative Office of the Courts (AOC). The Court will be reimbursed for a portion of the interpreter costs incurred from July 1, 2021 to June 30, 2022 up to a maximum of $ 13,863. The Interagency Agreement must be signed and returned to AOC. Tim Whitehead, Chief Deputy Prosecuting Attorney, has reviewed and approved the agreement. BUDGET IMPACT: Up to $13,863 which was included in the 2022 anticipated revenue. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Place the matter on the action agenda for signing the Interagency Agreement IAA22480 ATTACHMENTS: Copy of Interagency Agreement IAA22480 and Exhibit A Briefing Summary 11/29/2021 INTERAGENCY AGREEMENT IAA22480 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND MASON COUNTY DISTRICT COURT THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and Mason County District Court, for the purpose of distributing funds for court interpreter and language access service expenses to the Mason County District Court (Court). 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: a) "Credentialed Interpreter" means an interpreter who is certified or registered by the Administrative Office of the Courts, as defined in RCW 2.43.020 (4) and RCW 2.43.020 (6), or an interpreter certified by the Office of the Deaf and Hard of Hearing (ODHH) pursuant to WAC 388-818-500, et seq. The names and contact information of AOC-certified interpreters are found, and incorporated herein by reference, at http://www.courts.wa..qov/programs orgs/pos interpret/ The names and contact information of ODHH-certified interpreters are found, and incorporated herein by reference, at: https://fortress.wa.gov/dshs/odhhapps/Interpreters/Courtlnterpreter.aspx b) "Qualified Interpreter" means a spoken language interpreter as defined in RCW 2.43.020 (2), or sign language interpreter as defined in RCW 2.42.110 (2). c) "Qualifying Event" means a proceeding or event for which an interpreter is appointed by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43. 2. PURPOSE The purpose of this Agreement is to partner with individual local courts in improving access to the Court for Limited English Proficient (LEP), deaf, and hard of hearing persons in accordance with RCW Chapters 2.42 and 2.43. These funds are intended to address each court's following needs: • Financial Need For example, the gap between the court's available financial resources and the costs to meet its need for credentialed interpreters and the implementation of the Court's language access plan. • Need for Court Interpreters For example, the public's right to access the court, and the court's responsibility to provide credentialed interpreters as required by RCW Chapters 2.42 and 2.43. IAA22480 Page 1 of 7 • Need for Language Access in General For example, translations for websites, translated forms, interpreting equipment, technology enabling remote interpreting, and other things that are necessary for courts to provide fair and equitable access for people who are LEP, deaf, and hard of hearing. 3. GENERAL REQUIREMENTS a) The Court shall provide the AOC with a mailing address, vendor identification number, and contact information for the person identified as the main contact, and their email address. b) The Court will ensure that the funding is used only for language access purposes and for reimbursement of costs paid to credentialed and qualified interpreters for Qualifying Events pursuant to Exhibit A, which is incorporated herein by reference. c) The Court agrees to track and provide interpreter cost and usage data using a web- based application provided by the AOC Language Access Reimbursement Program, reflecting information about the Court's interpreter and language access costs and services. d) The Court agrees to work with the AOC Language Access Reimbursement Program, the Interpreter Commission, and neighboring courts to identify and implement best and promising practices for providing language access and interpreter services. e) The Court agrees to encourage its staff overseeing interpreter services at the court to attend trainings, in person and/or online, provided by the AOC Interpreter Commission and Interpreter Program. f) The Court may elect to pay for interpreter services that are not in accordance with the provisions of Exhibit A as set forth; however, such payments will not be reimbursed. 4. LANGUAGE ACCESS PLAN REQUIREMENT a) The Court is required to have a Language Access Plan (LAP) to be a part of the Language Access Reimbursement Program. b) All Courts participating in the Language Access Reimbursement Program must submit either an updated or new Language Access Plan (LAP). c) Language Access Plan must be received for review and approval by the AOC, pursuant to the schedule below. The AOC can refuse payment if the LAP is submitted after the deadlines listed below. Language Access Plan Documents Language Access Plan Documents Due Dates Draft 1 January 31, 2022 Draft 2 March 31 , 2022 Final May 1 , 2022 IAA22480 Page 2 of 7 d) Staff from the Washington State Supreme Court Interpreter Commission will work with courts to develop and implement their LAPs, and will provide technical assistance and training when needed. 5. TECHNICAL REQUIREMENTS a) The Court shall use the Language Access Reimbursement Web Application created by the AOC to electronically submit quarterly data and A-19 voucher invoices for reimbursements. b) Courts submitting quarterly data and A-19 vouchers shall use one of the following supported web browsers: • MS Edge • Chrome • Firefox c) Network access to the Inter-Governmental Network (IGN) or VPN access to the IGN will be required to use the Language Access Reimbursement Web Application. d) JIS Court Credentials (RACF) will be required to authenticate and gain access to the Language Access Reimbursement Program Web Application. 6. PERIOD OF PERFORMANCE The beginning date of performance under this Agreement is July 1, 2021, regardless of the date of execution and which shall end on June 30, 2022, Fiscal Year 2022 (FY22). 7. COMPENSATION AND COMPENSATION PROCEDURES a) The Court shall be reimbursed a maximum of $13,863 for interpreter and language access services costs incurred during the period of July 1 , 2021 to June 30, 2022, FY22. b) No reimbursement shall be made under this Agreement for language access services provided after June 30, 2022. c) The Court shall receive payment for its costs for language access services as set forth in Exhibit A, and incorporated herein. d) The Court shall only receive payment after properly submitting A-19 voucher invoices and corresponding data (See subsection 3b). e) The Court shall submit requests for reimbursements to the AOC quarterly according to the schedule below (see chart below). The AOC will not accept monthly requests for reimbursements. f) Requests for reimbursement must be received for review and approval by the AOC, pursuant to the schedule below. The AOC can refuse payment if requests for reimbursement are submitted after the deadlines listed below. IAA22480 Page 3 of 7 Fiscal For qualifying and non-qualifying events, Deadlines — reimbursements Quarter: goods and services, and staff interpreter must be received by the AOC costs incurred between: no later than: Quarter 1: July 1, 2021 — September 30, 2021 January 31 , 2022 Quarter 2: October 1, 2021 — December 31, 2021 March 31, 2022 Quarter 3: January 1 , 2022 — March 31, 2022 May 31, 2022 Quarter 4: 1 April 1 , 2022 — June 30, 2022 July 10, 2022 g) If this this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. h) The Court shall submit its quarterly data and A-19 invoice vouchers using the Language Access Reimbursement Web Application. i) Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly-completed invoice and the completed data report. j) The Court shall maintain sufficient backup documentation of expenses under this Agreement. k) The AOC, in its sole discretion and upon notice, may initiate revenue sharing and reallocate funding among courts. If it appears the Court may not expend the maximum Agreement amount, the AOC may reduce the maximum Agreement amount. The AOC may increase the maximum Agreement amount if additional funds become available through these revenue sharing provisions. 8. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 9. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of"works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such license shall be limited to the extent which the Court has a right to IAA22480 Page 4 of 7 grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. 10. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 11. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 12. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. 13. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 14. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. IAA22480 Page 5 of 7 15. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 16. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: • Applicable state and federal statutes and rules; • This Agreement; and • Any other provisions of the agreement, including materials incorporated by reference. 17. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 18. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 19. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. IAA22480 Page 6 of 7 20. AGREEMENT MANAGEMENT The program managers noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Program Manager Court Program Manager Michelle Bellmer Patsy Robinson PO Box 41170 Court Administrator Olympia, WA 98504-1170 419 N. 4th St michelle.bellmer@courts.wa.gov PO Box O (360) 350-5373 Shelton, WA 98584 patsyr@co.mason.wa.us (360) 427-9670 ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREED: Administrative Office of the Courts Court Signature Date Signature Date Dawn Marie Rubio Name Name State Court Administrator Title Title IAA22480 Page 7 of 7 EXHIBIT A WASHINGTON STATE LANGUAGE ACCESS INTERPRETER REIMBURSEMENT PROGRM FUNDING FUNDING CONDITIONS AND PAYMENT STRUCTURE The Language Access Reimbursement Program funding conditions and payment structure shall be as follows: 1. GENERAL FUNDING CONDITIONS The Administrative Office of the Courts (AOC), will reimburse courts under this Agreement for the cost of spoken language interpretation and sign language interpretation and other goods and services that improve language access in the courts for Limited English Proficient (LEP), deaf, and hard of hearing persons. This includes interpreters credentialed by AOC (certified or registered), or otherwise court-qualified interpreters appointed pursuant to RCW 2.42 and RCW 2.43 under the following conditions listed under Section 2 "Qualifying Interpreter Events." It also includes goods and services that improve language access, listed under Section 3 "Language Access Items," and services listed under Section 4 "Language Access Services". Courts shall work with AOC staff in determining whether an expense that is not explicitly mentioned below, qualifies as a reimbursable expense under the Agreement. 2. QUALIFYING INTERPRETING EVENTS A. Spoken Language Interpreters Qualifying Events AOC will reimburse courts under this Agreement for the cost of appointing AOC- credentialed or otherwise court-qualified interpreters pursuant to RCW 2.43 that meet one of the following conditions: a) If there is at least one there is at least one AOC credentialed interpreter in the language being used then reimbursement will only be provided for using an AOC credentialed interpreter who is credentialed in that language. b) Compensation for interpreters for languages for which neither a certified interpreter nor registered interpreter is offered will be reimbursed where the interpreter has been qualified on the record pursuant to RCW 2.43. c) Courts will not be reimbursed for events using non-AOC credentialed interpreters if there is one or more AOC credentialed interpreter listed for the language being used. B. Sign Language Interpreters Qualifying Events AOC will reimburse courts for 50% of the actual expenses for services of American Sign Language (ASL) interpreters and Certified Deaf Interpreters (CDI) pursuant to RCW 2.42 when the interpreter is listed with the Department of Social and Health Services, Office of Deaf and Hard of Hearing (DSHS, ODHH) as a court-certified interpreter. Page 1 of 3 The Office of Deaf and Hard of Hearing (ODHH) at the Department of Social and Health Services (DSHS) maintains a list of Certified Court Sign Language Interpreters. This list includes American Sign Language (ASL) interpreters and Certified Deaf Interpreters (CDI). To qualify for reimbursement, and event using an ASL and/or CDI interpreter from this list must be used. Certified interpreters are listed under three categories: • Specialist Certificate: Legal — SC: L • RID Certification with SC: L written test • Intermediary Interpreters (Deaf Interpreter) The most up to date list can be found here: https://fortress.wa.gov/dshs/odhhapps/Interpreters/Courtlnterpreter.aspx C. Staff Interpreters (Salaried Staff) Reimbursement will be provided for salaried staff meeting the Qualifying Event conditions for the payment of credentialed spoken and sign language interpreters, as referenced in subsections 2.A and 2.13 above. D. Telephonic and Video Remote Interpreting and Services Outside of the Courtroom AOC will reimburse local jurisdictions for using certified, registered, or otherwise qualified interpreters operating by telephone or video for court proceedings and other services provided to the public by the Court. The services must meet the Qualifying Event conditions for the payment of credentialed spoken and sign language interpreters, as referenced in subsections 2.A and 2.13 above. 3. LANGUAGE ACCESS GOODS AND SERVICES Courts can request reimbursement for the cost of goods and services that will help increase language access in the Court. The items listed below are common goods and services that courts have used to increase language access and will be improved for reimbursement. • Interpreter scheduling software or services • Document translation • Portable video device(s) for video remote interpreting • Equipment used for simultaneous interpretation • Printed signage for language assistance purposes • Staff training on language access, interpreting, or bilingual skills improvement, for example: o Interpreters skills training for bilingual staff who want to become certified o Training for staff who are partly bilingual to improve their skills o General training on addressing language access issues. Other examples can be found here: Page 2 of 3 https://www.nmcenterforlanquageaccess.org/cros/en/courts- agencies/about-lanquage- access-basic-training Items or services not listed above must be pre-approved (via email) by Language Access Interpreter Reimbursement Program staff prior to purchase or they may not qualify for reimbursement under the Program. 4. SCOPE OF REIMBURSEMENT FUNDING Reimbursement payment under this Agreement will only be made to the Court when the cost is paid out of the budget or budgets, in the case of multi-court collaborative applicants of the Court responsible for full payment. 5. PAYMENT STRUCTURE A. Reimbursement Rate a) Spoken Language Interpreters AOC will reimburse the Court for 50% of the cost of AOC certified, registered, or otherwise court-qualified interpreters providing services under this Agreement. b) Sign Language Interpreters AOC will reimburse the Court for 50% of the cost of certified and court-qualified interpreters providing services under this Agreement. c) Staff Interpreters (Salaried Staff) AOC will reimburse the Court for 50% of the cost of staff interpreters. d) Contracted Interpreters The cost of contract interpreters who are paid other than on an hourly basis, for example, on a half-day of flat rate basis, will be reimbursed at 50%. e) Remote Interpreting AOC will reimburse the Court for 50% of the cost of using certified, registered, or otherwise qualified interpreters providing interpretation by telephone or video. f) Cancellation Fees AOC will reimburse the Court for 50% of cancellation fees paid to interpreter. B. Travel Time and Mileage AOC will reimburse the Court at 50% of the cost of interpreter travel time and mileage. Interpreter travel time is reimbursable if a required party fails to appear. "Failure to appear" means a non-appearance by the LEP or deaf or hard of hearing client, attorneys, witnesses, or any necessary party to a hearing, thereby necessitating a cancellation or continuance of the hearing. The Court can be reimbursed for 50% of the cancellation fees paid to the interpreter. Page 3 of 3 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: George Steele, Presiding Judge Action Agenda x Patsy Robinson, Administrator Public Hearing Other DEPARTMENT: District Court EXT: DATE: Agenda Item # Commissioner staff to complete) BRIEFING DATE: 12/6/2021 BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Interpreter Reimbursement Program (Interagency Agreement IAA22480) Background: District Court has been invited to participate in the Court Interpreter Reimbursement Program through the Administrative Office of the Courts (AOC). The Court will be reimbursed for a portion of the interpreter costs incurred between July 1, 2021 to June 30, 2022, up to a maximum of $ 13,863. The interagency Agreement must be signed and return to ACC. Tim Whitehead, Chief Deputy Prosecution attorney, has reviewed and approve the agreement. Budget Impacts: Potential of $ 13,863 additional revenue (already included in 2022 budget revenues) RECOMMENDED ACTION: Sign Interagency Agreement IAA22480 Attachment(s): Contract IAA22480 plus exhibit A Mason County Administrator CO 411 North 5th Street Shelton, WA 98584 360.427.9670 ext. 419 Y 1854 MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM ADMINISTRATOR December 6, 2021 • Specific Items for Review o Appointment of Coroner— Diane o Deletion of Funds 404 & 405—Jenn • Commissioner Discussion J:\DLZ\Briefing Items\202 I\2021-12-06.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services EXT: 747 BRIEFING DATE: July 12, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Coroner Wes Stockwell Resignation EXECUTIVE SUMMARY: Mason County Coroner Wes Stockwell has submitted his letter of resignation as the elected Coroner effective January 1, 2022. The authority to fill vacancies is set forth in both the WA State Constitution, Article II, section 15 and RCW 36.16.110. It requires the Commissioners to appoint a replacement from a list of three candidates nominated by the county party to which the former official belonged. Coroner Stockwell belonged to the Democratic party and staff has reached out to the Chair of the Democratic party. Staff has drafted a letter for the Commissioners to send to the Democratic party requesting three nominations be submitted for the Commissioners' consideration. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Send letter to the Mason County Democratic Central Committee Briefing Summary 12/1/2021 �E THE CO CORONER �� Mason County Coroner PO Box 1759 Shelton, WA 98584 o (360) 427-7752 FAX: (360) 427-7762 o~C°utirr November 29, 2021 To whom it may concern: Effective January 1, 2022, 1 am resigning my elected position as the Mason County Coroner. My last paid work day as coroner will be December 31, 2021. Signed: Date: November 29, 2021 Wesley E. Stockwell 9 CO ��T A 4 \ `i - _- December 6, 2021 1854 Mason County Democratic Central Committee MASON COUNTY PO Box 1272 BOARD Shelton, WA 98584 OF Dear Committee Members, COMMISSIONERS Mason County Commissioners have received a letter of resignation from Coroner Wesley Stockwell effective January 1, 1 ST District2022. RANDY NEATHERLIN The Coroner's office is a partisan elective office and we are end District requesting the Democratic Central Committee nominate three KEVIN SHUTTY persons for our consideration. We will then review the information and take action to fill this position. Yd District SHARON TRASK We would appreciate having your nomination list no later than December 15, 2021. Mason County Building I Thank you. 411 North Fifth Street BOARD OF MASON COUNTY COMMISSIONERS Shelton, WA 98584-3400 (360)427-9670 ext. 419 (360)275-4467 ext. 419 Randy Neatherlin (360)482-5269 ext. 419 Chair Fax(360)427-8437 J:\DLZ\Letters\2021\Coroner-Demo Party nominees.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: December 6, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ✓ Legal ✓ Other— please explain Audit Committee ITEM: Review of draft resolution deleting Fund No. 404, NBCI (North Bay Case Inlet) Sewer Utility Reserve Fund, and Fund No. 405, Wastewater System Development Fund in the 2022 Budget, as these funds are now obsolete. EXECUTIVE SUMMARY: The County has adopted a Financial Policy which states "only the minimum number of funds consistent with legal and operating requirements should be established, because unnecessary funds result in inflexibility, undue complexity, and inefficient financial administration". Fund 404, NBCI Sewer Utility Reserve Fund, was created by Resolution No. 19-04 to be used for the accumulation of resources as required by the agreement between the WA State Department of Ecology and Mason County for Loan No. L0000021. Payments due to WA State Department of Ecology for Loan No. L0000021 are now paid directly from the NBCI Utility Fund No. 403, making the NBCI Sewer Utility Reserve Fund No. 404 unnecessary. Fund 405, the Wastewater System Development Fund, was created by Resolution No. 61-11 to finance the study, design, and construction of wastewater &water facilities prior to the establishment of a utility. Mason County's utility funds are all established with individual funds, thereby making this fund unnecessary. BUDGET IMPACT: None PUBLIC OUTREACH: RECOMMENDED OR REQUESTED ACTION: Request to place on the December 211 Consent Agenda consideration of the resolution deleting budgetary accounting Fund No. 404, NBCI Sewer Utility Reserve Fund, and Fund No. 405, Wastewater System Development Fund. ATTACHMENTS: Draft Resolution Briefing Summary 11/29/2021 RESOLUTION NO. AMENDING RESOLUTION NOS. 19-04& 61-11 AND AMENDING MASON COUNTY CODE CHAPTER 3.16 DELETION OF BUDGETARY ACCOUNTING FUND 404-000000-000-000, NBCI (NORTH BAY CASE INLET) SEWER UTILITY RESERVE FUND,AND DELETION OF BUDGETARY ACCOUNTING FUND 405-000000-000-000, WASTEWATER SYSTEM DEVELOPMENT FUND WHEREAS, RCW 36.32.120, states "..the board of county commissioners...have the care of the county property and the management of the county funds and business.." WHEREAS, the NBCI Sewer Utility Reserve Fund was established for the accumulation of resources as required by the agreement between the WA State Department of Ecology and Mason County for Loan No. L0000021. WHEREAS, the Wastewater System Development Fund was established for the purpose of financing the study, design, and construction of wastewater& water facilities prior to the establishment of a utility. WHEREAS, payments due to WA State Department of Ecology for Loan No. L0000021 are paid directly from the NBCI Sewer Utility Fund No. 403, thereby making the NBCI Sewer Utility Reserve Fund No. 404 obsolete. WHEREAS, Mason County's utility funds are established with individual funds, thereby making the Wastewater System Development Fund No. 405 obsolete. NOW,THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby resolve to delete the following county funds in the year 2022: 404-000000-000-000 NBCI Sewer Utility Reserve Fund 405-000000-000-000 Wastewater System Development Fund THEREFORE, BE IT FURTHER RESOLVED, that the Board of County Commissioners of Mason County authorize that beginning with the 2022 budget, Fund No. 404-000000-000-000 NBCI Sewer Utility Reserve Fund and Fund No.405-000000-000-000 Wastewater System Development Fund are obsolete and may be deleted. DATED this day of 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief DPA Sharon Trask,Commissioner NEWS RELEASE December 7,2021 MASON COUNTY COMMISSIONERS 411 NORTH 5TH ST 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: Substance Abuse Prevention Grant The Centers for Disease Control and Prevention- Drug Free Communities (DFC) Support Program has given Mason County Public Health a$77,673 per year for five years. Main deliverables include: 1. Establish and strengthen collaboration among communities,public and private non-profit agencies, as well as federal, state, local, and tribal governments to support the efforts of community coalitions working to prevent and reduce substance abuse among youth(individuals 18 years of age and younger). 2. Reduce substance abuse among youth and, over time,reduce substance abuse among adults by addressing the factors in a community that increases the risk of substance abuse and promoting the factors that minimize the risk of substance abuse. The grant will fund a.5FTE Coalition Substance Abuse Prevention Coordinator that will focus on community activities and strategies that include Improving community knowledge regarding patters of youth substance use,Knowledge of coalition efforts to address youth substance use in All of Mason County, Increase the capacity of local agencies and/or organizations to address youth substance use and Increase intergovernmental cooperation, coordination, and collaboration to change the conditions that impact youth substance use. Substance use is a global public health issue affecting individuals, families, and communities. Recent data indicate that 70,630 lives were lost to drug overdose in the United States in 2019. Further,provisional data indicate approximately 81,230 drug overdose deaths occurred in the United States in the 12-months ending in May 2020,with these deaths being driven largely by synthetic opioids, cocaine, and methamphetamines. These changes represent a worsening of the drug overdose epidemic during the COVID- 19 pandemic and the largest Page 4 of 56 number of drug overdoses for a 12-month period ever recorded. These troubling data underline the need to implement primary prevention strategies designed to prevent substance use before it begins—for instance, by implementing programs, policies, and practices to prevent initiation of substance use among youth. Prevention of initiation of and use of substances among youth is particularly important given that substance use during childhood and adolescence is associated with negative impacts on brain physiology, engagement in risky behaviors, and increased risk for harmful substance use and overdose later in life. Recent data from CDC's Youth Risk Behavior Survey (YRBS) show that more than 29%of high school students consumed alcohol,with almost 14%of high school students engaging in binge drinking. Tobacco use also remains common,with nearly 7 of every 100 middle school students (6.7%)and about 24 of every 100 high school students (23.6%)reporting current use of a tobacco product, mainly driven by e-cigarette use. Additionally, approximately 21.7%reported current marijuana use and 7.2%reported current prescription opioid misuse. For more information or questions please call our office at 360-427-9670 ext. 400. Randy Neatherlin Sharon Trask Kevin Shutty Chair Commissioner Commissioner Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom-Lydia Buchheit DEPARTMENT: Community Family Services EXT: 404 BRIEFING DATE: 12/6/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Drug Free Communities— Centers for Disease Control and Prevention Federal Award $77,673.00/year for 5 years-- Project Period- 9/30/2021-9/29/26 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): In May 2021 we notified the Commissioners about wanting to apply for this Youth Drug Prevention grant to replace our Division of Behavioral Health Prevention Grant that supported our Drug Abuse Prevention coalition work in both Shelton and North Mason County. We applied and received notification of the award late in September. This award is renewable for 5 years and then can be reapplied for another 5 years. BUDGET IMPACTS: None-the grant has an in-kind Match requirement that is met through the coalition partners participation. PUBLIC OUTREACH: (Include any legal requirements, direct notice, website, community meetings, etc.) None RECOMMENDED OR REQUESTED ACTION: Acknowledgement of Federal Award received. ATTACHMENTS: Notice of Award NU17CE010081-01-00 Briefing Summary 12/1/2021 , % DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award =91`y� Centers for Disease Control and Prevention Award# 1 NU.17CE010081-01-00ti ul FAIN# ,NU 17CE0]0081 Federal Award Date: 09/20/2021 Recipient Information Federal Award Information 1. Recipient Name 11.Award Number I NUI7CEO10081-01-00 COUNTY OF MASON 12.Unique Federal Award Identification Number(FAIN) 411 N 5th St Ste 1 NU17CE010081 Public Health 13.Statutory Authority Shelton,WA 98584-3400 [AWARD AUTHORITY NOT DEFINED FOR CE08-801.NU50] [No Phone Record] 14.Federal Award Project Title 2. Congressional District of Recipient Mason County Youth Substance Abuse Prevention Project - 10 3. Payment System Identifier(ID) 1916001354A8 15.Assistance Listing Number 4. Employer Identification Number(EIN) 93.276 916001354 16.Assistance Listing Program Title S. Data Universal Numbering System(DUNS) Drug-Free Communities Support Program Grants 069580751 6. Recipient's Unique Entity Identifier 17.Award Action Type New 7. Project Director or Principal Investigator 18.Is the Award R&D? No Lydia Buchheit LYDIAB@CO.MASON.WA.US Summary Federal Award Financial Information 3604279670 x404 19. Budget Period Start Date 09/30/2021 -End Date 09/29/2022 20. Total Amount of Federal Funds Obligated by this Action $77,673.00 8. Authorized Official 20a.Direct Cost Amount $77,673.00 ]M Casey Bingham 20b.Indirect Cost Amount $0.00 caseyB@masoncountywa.gov 21. Authorized Carryover $0.00 3604279670 22. Offset SO.00 23. Total Amount of Federal Funds Obligated this budget period $0.00 Federal Agency Information 24. Total Approved Cost Sharing or Matching,where applicable $77,672.00 CDC Office of Financial Resources 25. Total Federal and Non-Federal Approved this Budget Period $155,345.00 9. Awarding Agency Contact Information 26.Project Period Start Date 09/30/2021 -End Date 09/29/2026 Mr.Dervin Capers GTE1@cdc.gov 27.Total Amount of the Federal Award including Approved 770448-2523 Cost Sharing or Matching this Project Period Not Available 28.Authorized Treatment of Program Income 10.Program Official Contact Information ADDITIONAL COSTS Mr.Jason Dailey 29.Grants Management Officer-Signature Public Health Advisor Valencia Williams fyf5@cdc.gov Lead Grant Management Specialist 404-623-2827 30.Remarks Page 1 • '1 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Centers for Disease Control and Prevention Award# 1 NU17CE010081-01-00 FAIN# NU17CE010081 Federal Award Date: 09/20/2021 Recipient Information 33.Approved Budget (Excludes Direct Assistance) Recipient Name I. Financial Assistance from the Federal Awarding Agency Only COUNTY OF MASON II. Total project costs including grant funds and all other financial participation 411 N 5th St Ste I a. Salaries and Wages $42,378.00 Public Health b. Fringe Benefits $25,375.00 Shelton,WA 98584-3400 c. Total Personnel Costs $67,753.00 [No Phone Record] Congressional District of Recipient d. Equipment $0.00 10 e. Supplies $0.00 Payment Account Number and Type f. Travel $9,920.00 1916001354A8 Employer Identification Number(EIN)Data g Construction $0.00 916001354 h. Other $0.00 Universal Numbering System(DUNS) i. Contractual $0.00 069580751 Recipient's Unique Entity Identifier j. TOTAL DIRECT COSTS $77,673.00 Not Available k. INDIRECT COSTS $0•00 31.Assistance Type 1. TOTAL APPROVED BUDGET $77,673.00 Project Grant In. Federal Share $77,673.00 32.Type of Award Other n. Non-Federal Share $77,672.00 34.Accounting Classification Codes FY-ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE OBJECT CLASS AMT ACTION FINANCIAL ASSISTANCE APPROPRIATION 1-9390G6B 21NU17CE010081 CE 41.51 S77,673.00 75-21-0943 Page 2 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Marissa Watson DEPARTMENT: Community Development - Planning EXT: 367 BRIEFING DATE: December 6, 2021 PREVIOUS BRIEFING DATES: August 30, 2021 (Kell Rowen) If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Authorization to accept the 2021-2023 SMP Competitive Grant from the State Department of Ecology for the amount of $50,000. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Planning Department, during the periodic review of the shoreline master program, was informed by the Wa State Department of Ecology that they would be opening a SMP Competitive Grant pilot program starting Fall of 2021. The program allows for project proposals that fall into three different categories, or a combination of those categories, such as local planning priorities, permit monitoring and adaptive management, and/or sea level rise. After some discussion within the planning department it has been evident that there are aspects of the Mason County SMP policies and regulations that the public struggle with and that staff spend a considerable time explaining. There is a need to make the provisions of the SMP more accessible to the public. Though the exact details and deliverables of the grant contract are still to be negotiated, the Planning Department's initial grant proposal is to create a digital Shoreline Master Program user guide that translates the regulatory language of the title into clear concise illustrations with a major focus on Common Line Mitigation Plan (CLMP) preparation. The capability to print the guide from the website would also be available. The proposal would also include redesign of Mason County's shoreline application forms, also available on the website. We are hoping this will be phase 1 of a larger project that would eventually include setup of a new more efficient digital shoreline application process, as well as a new mitigation monitoring procedure utilizing the County's current permitting software SmartGov. BUDGET IMPACT: If approved for acceptance, the grant money received will be used to hire a consultant to complete work required to create an SMP User Guide and any elements still to be negotiated in the competitive grant contract. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: Place on December 21, 2021 action agenda authorization for Mason County DCD to accept the 2021-2023 SMP Competitive Grant in the amount of$50,000. ATTACHMENTS: Initial SMP Competitive Grant Award email Briefing Summary 11/29/2021 From: Chase.Carolyn(ECY) To: Marissa Watson Cc: Lynn.Brian(ECY);Brandon.Tess(ECY);Krause.Amy(ECY);Slone.Layne(ECY);James.Cindy(ECY);Boderck. Michele(ECY) Subject: Ecology 2021-2023 SMP Competitive Grant—SMP User Guide Project Date: Tuesday,November 23,2021 4:29:10 PM Dear Marissa Watson, Thank you for applying for an SMP Competitive Grant. The response to the pilot program has been overwhelming. Ecology received 27 applications and funding requests totaled well over the$827,000 available. I am pleased to inform you that the SMP User Guide project has been selected for partial grant funding. Ecology is offering the County a grant award of$50,000 for the completion of this project which is less than the amount requested. • Please notify Carolyn Chase by email, cach461@ecy.wa.gov, no later than Friday, December 10, 2021 with a decision on whether or not you would like to proceed with the project with the award being offered. Carolyn will contact you next week to answer any questions you may have about our award decision. Any necessary changes to the tasks and deliverables can be addressed during agreement negotiations. If you decide to move forward with the project, Ecology will send a formal award letter the week of December 13th. We look forward to working with you on this project. Sincerely, Brian Lynn Coastal/Shorelands Section Manager Shorelands and Environmental Assistance Program Washington State Department of Ecology PO Box 47600 Olympia, WA 98504-7600 360-790-0811 (mobile) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: December 6, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information N/A INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Fire Investigation Contract EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Fire investigation contract with the MASON COUNTY FIRE CHIEFS ASSOCATION. Renewal of existing contract to provide fire investigation services in Mason County BUDGET IMPACT: None — previously budgeted PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) none RECOMMENDED OR REQUESTED ACTION: Place on the action agenda ATTACHMENTS : INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION SERVICES BETWEEN MASON COUNTY AND MASON COUNTY FIRE CHIEFS ASSOCIATION Briefing Summary 11/30/2021 Return recorded document to: Mason County Community Development 426 W.Cedar, Shelton,WA 98584 INTERLOCAL AGREEMENT FOR FIRE INVESTIGATION SERVICES BETWEEN MASON COUNTY AND MASON COUNTY FIRE CHIEFS ASSOCIATION 1. Parties. THIS AGREEMENT is entered into by Mason County ("County") and Mason County Fire Chiefs' Association ("Association") under the authority of the Interlocal Cooperation Act, RCW Chapter 39.34 2. Recitals. Whereas, the County and the Association have determined that it is in the best interest of the County and its citizens to work together in establishing an agreement to provide fire investigation services by the Association for the County. 3. Authority. Chapter 39.34 RCW permits local governmental units to make official use of their powers enabling them to cooperate with other localities on the basis of mutual advantage. 4. Duration. This agreement shall be in effect upon signature endorsement and shall terminate no later than December 31, 2017, unless mutually agreed upon by both parties to extend this agreement. S. Compensation. The County shall pay the Association for services the maximum amount of $82,000.00 per year ($164,000 total for Contract), as identified on Exhibit A without prior written approval of the County. Fees for Services will be based on hours and expenses as shown on Exhibit A. 6. Payment. Within 30-days from receipt of a bill from the Association, the County will reimburse the Association for actual costs incurred. 7. Purpose. To establish a joint agreement for providing fire investigation services within the boundaries of Mason County. 8. Scope of Work. 8.1 Investigation of origin, cause, circumstances, and extent of loss from fire whether of civil or criminal nature. 8.2 To ensure cooperation among the local fire districts, the state fire marshal and all state and county law enforcement and regulatory personnel. 9. Criteria for Investigation. One or more of the following must be present to require the services of a fire investigator: 9.1 Loss of life or serious injury (civilian or fire personnel) 9.2 Serial arson activity 9.3 Suspicious or negligent activity, odor of flammable liquids, multiple fire locations, evidence of forcible entry. 9.4 All structure fires that appear to exceed the threshold of$10,000 as determined by the Incident Commander(IC) or Commanding Officer (CO) of the local fire district. 9.5 Request for immediate response shall be handled via page by the dispatch center upon request by the IC or CO. 9.6 Request for immediate response shall be handled via page by the dispatch center upon request by the IC or CO. 10. Hold Harmless. Each party shall hold harmless and indemnify the other party, its officers, officials, employees, and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the negligence of each party's employees, agents and volunteers. Provided, however, the Association's obligation hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the County, its officers, officials, employees, or agents. In the event of concurrent negligence of the parties, the Association's obligations hereunder shall apply only to the percentage of fault attributable to their employees, agents, and volunteers. 11.Administration. No separate legal or administrative entity is created by this Agreement. The Mason County Fire Chiefs Association and the Mason County Department of Community Development shall jointly administer this Agreement. 12.Termination. The parties may terminate this Agreement as follows: 12.1 For Cause. Either party may terminate this Agreement for a material breach thereof by the other party. Fifteen days written notice to the other party is required stating the intent to terminate for cause. The breaching party will be given the opportunity to cure its breach and if completed during the fifteen-day period the Agreement shall not terminate. 12.2 For Convenience. Either party may terminate this Agreement without cause at any time providing a fifteen-day written notice of such termination is submitted in advance. 13. Insurance. Each party shall independently acquire and maintain sufficient insurance coverage for all its respective operations,facilities, equipment, and personnel. 14. Notices. Any notices to be given under this Agreement shall be delivered in person or mailed to the parties at the following addresses: 14.1 County. Mason County Community Development 615 W Alder St Shelton, WA. 98584 14.2 Association. Mason County Fire Chiefs Association P.O. Box 1822 Shelton, WA 98584 15. Severability. If any provision of this agreement or its application is held invalid, then the remainder of the agreement or the application of the remainder of the agreement shall not be affected and shall remain in full force. 16. Waiver. No waiver of any provision of this agreement shall be valid unless it is in writing and signed by the person or party whom charged. 17. Third Party Rights. This Agreement shall not create any third-party rights by any party that has not signed this Agreement. 18. Modification. This Agreement represents the entire agreement by both parties and shall not be modified, terminated, or waived by either party without authorized written approval by representatives of both parties. MCFCA ILA 2022-2023 11/30/2021 19. Benefits. This Agreement is entered into for the benefit of both parties to provide fire investigation services for all of Mason County during the duration of this agreement. Dated this day of . 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Deputy Prosecutor Sharon Trask, Commissioner MASON COUNTY FIRE CHIEFS ASSOCATION: Beau Bakken, President Brandon Searles, Vice-President Bob Burbridge, Secretary Nadine Brown,Treasurer MCFCA ILA 2022-2023 11/30/2021 Exhibit A Fire Investigation 2022/2023 Budget Tier I Training: $500/yr Tier I Training; 8 hour"Protecting evidence for fire cause and determination". Tier II Training: $4,000/yr Tier II Training;40-hour basic investigation, vehicle fire investigation, courtroom testimony. Tier III Training: $9,000/yr 1. Annual conference for Tier III investigators; Certified fire investigator.Advanced or refresher training. 2. Succession training,Tier II continued education for Tier III Certification. General education, scene examination, documentation, evidence collection, interview techniques, post- incident investigation and presentation. (NFPA 1033)and (NFPA 921) Tier III Stand-By Pay: $8,500/yr $50 per day for 170 days (Fri,Sat, Sun, Holidays) of on call stand-by pay Supplies/Uniforms: $4,000/yr Supplies for the actual investigations, uniforms/PPE for the tier 3 investigators Tier II Kits: $2,000/yr (Small tools,equipment, PPE for Tier II investigators) Tier III Kits: $4,000/yr (Initial equipment for new CFI's. Replacement of equipment as needed) Investigator labor: Tier III—Certified Investigator $125.00 per hour Tier II—Investigator-in training $65.00 per hour $125 per hour project 50 fire investigations $38,000/yr $65 per hour project 20 fire investigations $12,000/yr Projected labor total to investigate 70 fires is $50,000/yr Total Annual Budget $82,000/yr Total 2022/2023 Budget $164,000 MCFCA ILA 2022-2023 11/30/2021 Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Juvenile Court Services EXT: 206/332 BRIEFING DATE: 12/26/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Two (2) Juvenile Detention Officer positions. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Mason County Juvenile Detention Center is down two full time regular Detention Officers (One Female and one Male). Our department would now like to fill the position and bring the facility back up to regular staffing. BUDGET IMPACTS: There are not any financial impacts of hiring this position. All funding for these positions are already accounted for in the approved Juvenile Detention budget. RECOMMENDED OR REQUESTED ACTION: Allow Juvenile Court Services to open a recruitment for two Juvenile Detention Officer positions. ATTACHMENTS: N/A Briefing Summary 11/30/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Superior Court EXT: 206 BRIEFING DATE: December 6, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Interagency Agreement IAA22481 between Washington Administrative Office of the Courts and Mason County Superior Court for interpreter and language access services EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Superior Court participates in the Court Interpreter Reimbursement Program through the Administrative Office of the Courts (AOC). The Court is reimbursed for 1/2 of interpreter costs incurred between July 1, 2021 to June 30, 2022 up to a maximum of $7,862. Tim Whitehead, Chief Deputy Prosecuting Attorney, has reviewed and approved the agreement. BUDGET IMPACTS: Up to $7,862 additional revenue. RECOMMENDED OR REQUESTED ACTION: Place Interagency Agreement IAA22481 on the 12/21/21 action agenda. ATTACHMENTS: Interagency Agreement IAA22481 Briefing Summary 11/30/2021 INTERAGENCY AGREEMENT IAA22481 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND MASON COUNTY SUPERIOR COURT THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and Mason County Superior Court, for the purpose of distributing funds for court interpreter and language access service expenses to the Mason County Superior Court (Court). 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: a) "Credentialed Interpreter" means an interpreter who is certified or registered by the Administrative Office of the Courts, as defined in RCW 2.43.020 (4) and RCW 2.43.020 (6), or an interpreter certified by the Office of the Deaf and Hard of Hearing (ODHH) pursuant to WAC 388-818-500, et seq. The names and contact information of AOC-certified interpreters are found, and incorporated herein by reference, at http://www.courts.wa.gov/programs orgs/pos interpret/ The names and contact information of ODHH-certified interpreters are found, and incorporated herein by reference, at: https://fortress.wa.gov/dshs/odhhapps/Interpreters/Courtlnterpreter.aspx b) "Qualified Interpreter" means a spoken language interpreter as defined in RCW 2.43.020 (2), or sign language interpreter as defined in RCW 2.42.110 (2). c) "Qualifying Event" means a proceeding or event for which an interpreter is appointed by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43. 2. PURPOSE The purpose of this Agreement is to partner with individual local courts in improving access to the Court for Limited English Proficient (LEP), deaf, and hard of hearing persons in accordance with RCW Chapters 2.42 and 2.43. These funds are intended to address each court's following needs: • Financial Need For example, the gap between the court's available financial resources and the costs to meet its need for credentialed interpreters and the implementation of the Court's language access plan. Need for Court Interpreters For example, the public's right to access the court, and the court's responsibility to provide credentialed interpreters as required by RCW Chapters 2.42 and 2.43. IAA22481 Page 1 of 7 • Need for Language Access in General For example, translations for websites, translated forms, interpreting equipment, technology enabling remote interpreting, and other things that are necessary for courts to provide fair and equitable access for people who are LEP, deaf, and hard of hearing. 3. GENERAL REQUIREMENTS a) The Court shall provide the AOC with a mailing address, vendor identification number, and contact information for the person identified as the main contact, and their email address. b) The Court will ensure that the funding is used only for language access purposes and for reimbursement of costs paid to credentialed and qualified interpreters for Qualifying Events pursuant to Exhibit A, which is incorporated herein by reference. c) The Court agrees to track and provide interpreter cost and usage data using a web- based application provided by the AOC Language Access Reimbursement Program, reflecting information about the Court's interpreter and language access costs and services. d) The Court agrees to work with the AOC Language Access Reimbursement Program, the Interpreter Commission, and neighboring courts to identify and implement best and promising practices for providing language access and interpreter services. e) The Court agrees to encourage its staff overseeing interpreter services at the court to attend trainings, in person and/or online, provided by the AOC Interpreter Commission and Interpreter Program. f) The Court may elect to pay for interpreter services that are not in accordance with the provisions of Exhibit A as set forth; however, such payments will not be reimbursed. 4. LANGUAGE ACCESS PLAN REQUIREMENT a) The Court is required to have a Language Access Plan (LAP) to be a part of the Language Access Reimbursement Program. b) All Courts participating in the Language Access Reimbursement Program must submit either an updated or new Language Access Plan (LAP). c) Language Access Plan must be received for review and approval by the AOC, pursuant to the schedule below. The AOC can refuse payment if the LAP is submitted after the deadlines listed below. Language Access Plan Documents Language Access Plan Documents Due Dates Draft 1 January 31, 2022 Draft 2 March 31, 2022 Final May 1, 2022 IAA22481 Page 2 of 7 d) Staff from the Washington State Supreme Court Interpreter Commission will work with courts to develop and implement their LAPs, and will provide technical assistance and training when needed. 5. TECHNICAL REQUIREMENTS a) The Court shall use the Language Access Reimbursement Web Application created by the AOC to electronically submit quarterly data and A-19 voucher invoices for reimbursements. b) Courts submitting quarterly data and A-19 vouchers shall use one of the following supported web browsers: • MS Edge • Chrome • Firefox c) Network access to the Inter-Governmental Network (IGN) or VPN access to the IGN will be required to use the Language Access Reimbursement Web Application. d) JIS Court Credentials (RACF) will be required to authenticate and gain access to the Language Access Reimbursement Program Web Application. 6. PERIOD OF PERFORMANCE The beginning date of performance under this Agreement is July 1, 2021, regardless of the date of execution and which shall end on June 30, 2022, Fiscal Year 2022 (FY22). 7. COMPENSATION AND COMPENSATION PROCEDURES a) The Court shall be reimbursed a maximum of$7,862 for interpreter and language access services costs incurred during the period of July 1, 2021 to June 30, 2022, FY22. b) No reimbursement shall be made under this Agreement for language access services provided after June 30, 2022. c) The Court shall receive payment for its costs for language access services as set forth in Exhibit A, and incorporated herein. d) The Court shall only receive payment after properly submitting A-19 voucher invoices and corresponding data (See subsection 3b). e) The Court shall submit requests for reimbursements to the AOC quarterly according to the schedule below (see chart below). The AOC will not accept monthly requests for reimbursements. f) Requests for reimbursement must be received for review and approval by the AOC, pursuant to the schedule below. The AOC can refuse payment if requests for reimbursement are submitted after the deadlines listed below. IAA22481 Page 3 of 7 Fiscal For qualifying and non-qualifying events, Deadlines— reimbursements Quarter: goods and services, and staff interpreter must be received by the AOC costs incurred between: no later than: Quarter 1: July 1, 2021 — September 30, 2021 January 31, 2022 Quarter 2: October 1, 2021 — December 31, 2021 March 31, 2022 Quarter 3: January 1, 2022 — March 31, 2022 May 31, 2022 Quarter 4: April 1, 2022— June 30, 2022 July 10, 2022 g) If this this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. h) The Court shall submit its quarterly data and A-19 invoice vouchers using the Language Access Reimbursement Web Application. i) Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly-completed invoice and the completed data report. j) The Court shall maintain sufficient backup documentation of expenses under this Agreement. k) The AOC, in its sole discretion and upon notice, may initiate revenue sharing and reallocate funding among courts. If it appears the Court may not expend the maximum Agreement amount, the AOC may reduce the maximum Agreement amount. The AOC may increase the maximum Agreement amount if additional funds become available through these revenue sharing provisions. 8. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 9. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of"works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such license shall be limited to the extent which the Court has a right to IAA22481 Page 4 of 7 grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. 10. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 11. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 12. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. 13. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 14. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. IAA22481 Page 5 of 7 15. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. % GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: • Applicable state and federal statutes and rules; • This Agreement; and • Any other provisions of the agreement, including materials incorporated by reference. 17. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 18. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 19. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. IAA22481 Page 6 of 7 20. AGREEMENT MANAGEMENT ' The program managers noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: AOC Program Manager Court Program Manager Michelle Bellmer Robyn Lockwood PO Box 41170 Court Administrator Olympia, WA 98504-1170 PO Box X michelle.bellmer@courts.wa.gov Shelton, WA 98584 (360) 350-5373 RI@co.mason.wa.us (360) 427-9670, ext. 206 ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREED: Administrative Office of the Courts Court Signature Date Signature Date Dawn Marie Rubio Name Name State Court Administrator Title Title IAA22481 Page 7 of 7 EXHIBIT A WASHINGTON STATE LANGUAGE ACCESS INTERPRETER REIMBURSEMENT PROGRM FUNDING FUNDING CONDITIONS AND PAYMENT STRUCTURE The Language Access Reimbursement Program funding conditions and payment structure shall be as follows: 1. GENERAL FUNDING CONDITIONS The Administrative Office of the Courts (AOC), will reimburse courts under this Agreement for the cost of spoken language interpretation and sign language interpretation and other goods and services that improve language access in the courts for Limited English Proficient (LEP), deaf, and hard of hearing persons. This includes interpreters credentialed by AOC (certified or registered), or otherwise court-qualified interpreters appointed pursuant to RCW 2.42 and RCW 2.43 under the following conditions listed under Section 2 "Qualifying Interpreter Events." It also includes goods and services that improve language access, listed under Section 3 "Language Access Items," and services listed under Section 4 "Language Access Services". Courts shall work with AOC staff in determining whether an expense that is not explicitly mentioned below, qualifies as a reimbursable expense under the Agreement. 2. QUALIFYING INTERPRETING EVENTS A. Spoken Language Interpreters Qualifying Events AOC will reimburse courts under this Agreement for the cost of appointing AOC- credentialed or otherwise court-qualified interpreters pursuant to RCW 2.43 that meet one of the following conditions: a) If there is at least one there is at least one AOC credentialed interpreter in the language being used then reimbursement will only be provided for using an AOC credentialed interpreter who is credentialed in that language. b) Compensation for interpreters for languages for which neither a certified interpreter nor registered interpreter is offered will be reimbursed where the interpreter has been qualified on the record pursuant to RCW 2.43. c) Courts will not be reimbursed for events using non-AOC credentialed interpreters if there is one or more AOC credentialed interpreter listed for the language being used. B. Sign Language Interpreters Qualifying Events AOC will reimburse courts for 50% of the actual expenses for services of American Sign Language (ASL) interpreters and Certified Deaf Interpreters (CDI) pursuant to RCW 2.42 when the interpreter is listed with the Department of Social and Health Services, Office of Deaf and Hard of Hearing (DSHS, ODHH) as a court-certified interpreter. Page 1 of 3 The Office of Deaf and Hard of Hearing (ODHH) at the Department of Social and Health Services (DSHS) maintains a list of Certified Court Sign Language Interpreters. This list includes American Sign Language (ASL) interpreters and Certified Deaf Interpreters (CDI). To qualify for reimbursement, and event using an ASL and/or CDI interpreter from this list must be used. Certified interpreters are listed under three categories: • Specialist Certificate: Legal — SC: L • RID Certification with SC: L written test • Intermediary Interpreters (Deaf Interpreter) The most up to date list can be found here: https://fortress.wa.gov/dshs/odhhapps/I nterpreters/Courtinterpreter.aspx C. Staff Interpreters (Salaried Staff) Reimbursement will be provided for salaried staff meeting the Qualifying Event conditions for the payment of credentialed spoken and sign language interpreters, as referenced in subsections 2.A and 2.6 above. D. Telephonic and Video Remote Interpreting and Services Outside of the Courtroom AOC will reimburse local jurisdictions for using certified, registered, or otherwise qualified interpreters operating by telephone or video for court proceedings and other services provided to the public by the Court. The services must meet the Qualifying Event conditions for the payment of credentialed spoken and sign language interpreters, as referenced in subsections 2.A and 2.13 above. 3. LANGUAGE ACCESS GOODS AND SERVICES Courts can request reimbursement for the cost of goods and services that will help increase language access in the Court. The items listed below are common goods and services that courts have used to increase language access and will be improved for reimbursement. • Interpreter scheduling software or services • Document translation • Portable video device(s) for video remote interpreting • Equipment used for simultaneous interpretation • Printed signage for language assistance purposes • Staff training on language access, interpreting, or bilingual skills improvement, for example: o Interpreters skills training for bilingual staff who want to become certified o Training for staff who are partly bilingual to improve their skills o General training on addressing language access issues. Other examples can be found here: Page 2 of 3 httgs://www.nmcenterforlanquageaccess.org/cros/en/courts- agencies/about-lanquage- access-basic-training Items or services not listed above must be pre-approved (via email) by Language Access Interpreter Reimbursement Program staff prior to purchase or they may not qualify for reimbursement under the Program. 4. SCOPE OF REIMBURSEMENT FUNDING Reimbursement payment under this Agreement will only be made to the Court when the cost is paid out of the budget or budgets, in the case of multi-court collaborative applicants of the Court responsible for full payment. 5. PAYMENT STRUCTURE A. Reimbursement Rate a) Spoken Language Interpreters AOC will reimburse the Court for 50% of the cost of AOC certified, registered, or otherwise court-qualified interpreters providing services under this Agreement. b) Sign Language Interpreters AOC will reimburse the Court for 50% of the cost of certified and court-qualified interpreters providing services under this Agreement. c) Staff Interpreters (Salaried Staff) AOC will reimburse the Court for 50% of the cost of staff interpreters. d) Contracted Interpreters The cost of contract interpreters who are paid other than on an hourly basis, for example, on a half-day of flat rate basis, will be reimbursed at 50%. e) Remote Interpreting AOC will reimburse the Court for 50% of the cost of using certified, registered, or otherwise qualified interpreters providing interpretation by telephone or video. f) Cancellation Fees AOC will reimburse the Court for 50% of cancellation fees paid to interpreter. B. Travel Time and Mileage AOC will reimburse the Court at 50% of the cost of interpreter travel time and mileage. Interpreter travel time is reimbursable if a required party fails to appear. "Failure to appear" means a non-appearance by the LEP or deaf or hard of hearing client, attorneys, witnesses, or any necessary party to a hearing, thereby necessitating a cancellation or continuance of the hearing. The Court can be reimbursed for 50% of the cancellation fees paid to the interpreter. Page 3 of 3 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen DEPARTMENT: Superior Court EXT: 206 BRIEFING DATE: December 6, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: DSHS County Program Agreement— Court Commissioner Services (IV-D Funding) EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Since 2004, the Superior Court has entered into contracts with DSHS, Division of Child Support, for reimbursement of Court Commissioner costs related to child support. The current five-year contract expires June 30, 2021. DSHS has forwarded an Agreement for an additional five years to June 30, 2026 (correspondence attached). BUDGET IMPACTS: This Agreement is necessary to maintain the IV-D funding. The total amount budgeted for the 2020-2021 fiscal year was $11,800 and t is anticipated that this will be the budget for the 2021-2022 fiscal year. There are no additional expenditures. RECOMMENDED OR REQUESTED ACTION: Place the 2021-2026 County Program Agreement — Court Commissioner with the Washington State Department of Social and Health Services Division of Child Support on the 12/21/21 action agenda. ATTACHMENTS: DSHS Agreement Number 2163-32137 cc: Tim Whitehead, Chief Deputy Prosecuting Attorney Briefing Summary 11/30/2021 COUNTY DSHS Agreement Number �,shi geoffSm,' PROGRAM AGREEMENT 2163-32137 DEPAR-" -NT OF 7 SOC[ALbHEALTH SERVICES Court Commissioner's Services This Program Agreement is by and between the State of Washington Administration or Division Department of Social and Health Services (DSHS) and the County identified Agreement Number below, and is issued in conjunction with a County and DSHS Agreement On General Terms and Conditions, which is incorporated by reference. county Agreement Number DSHS ADMINISTRATION DSHS DIVISION DSHS INDEX NUMBER DSHS CONTRACT CODE Economic Services Division of Child Support 1229 3051 CS-63 Administration DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Jennifer Carlson PO BOX 9162 County Liaison Olympia, WA 98507-9162 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL 360 664-5237 360 664-5342 ennifer.carlson dshs.wa. ov COUNTY NAME COUNTY ADDRESS Mason County Court Administrator PO Box X Shelton, WA 98584-0078 COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME NUMBER Jim Madsen COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL 360 427-9670 'amesma co.mason.wa.us IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT? Yes 93.563 PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2021 06/30/2026 Fee For Service EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: ❑ Exhibits (specify): ® No Exhibits. The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements,writings, and communications,oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DSHS only upon signature by DSHS. COUNTY SIGNATURE(S) PRINTED NAME(S)AND TITLE(S) DATE(S)SIGNED DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Serena S. Hart Local Government Liason DSHS/ESA/Division of Child Support DSHS Central Contract and Legal Services 3051CS-63 County Program Agreement Commissioner's Services(5-27-2016) Pagel Special Terms and Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Cost Reimbursement Plan" means the DCS approved funding methodology and process by which Title IV-D reimbursement claims are calculated by the County. b. "Court Commissioner' means a person appointed by the County Superior Court to carry out the judicial duties authorized by Revised Code of Washington (RCM 2.24.040 and Washington Constitution Article IV, Section 23. c. "DCS" means the Division of Child Support, a division of the Department of Social and Health Services' Economic Services Administration, the single designated entity which administers, supervises, and monitors Washington State's child support enforcement program and State Plan under Title IV-D of the Social Security Act. d. "DSHS" means the State of Washington's Department of Social and Health Services. e. "Dedicated Docket" means a regularly scheduled court calendar devoted to the expedited processing of Title IV-D child support services cases which provides the time required for the volume of Title IV-D cases. f. "Direct Costs" means costs which are incurred by and directly allocable to the County. g. "Expedited Processes" are as defined in 45 CFR Chapter III, Part 303, Section 303.101. h. "Federal Financial Participation" means the percentage of costs that the federal government reimburses DCS for expenses incurred in carrying out the Washington State Title IV-D child support program. i. "Federal Incentive" means the additional reimbursement of funds from the federal government to DCS based upon specific performance measures. j. "Indirect Costs" means costs that are incurred by the County but not directly allocable to the County in carrying out the IV-D child support program. k. "Title IV-D Child Support matters or services" mean and includes: the establishment of paternity; the establishment and modification of child support orders; the enforcement of judicially or administratively ordered child support or medical support obligation in cases initiated by the County Prosecuting Attorney, the Attorney General, or an attorney contracted to act on behalf of the State of Washington. Title IV-D of the Social Security Act is codified at 42 USC Chapter 7, Subchapter IV, Part D, section 651 et seq. 2. Purpose Engage the services of a Court Commissioner to ensure that all Title IV-D child support cases are processed with priority in a manner sufficient to meet all relevant program standards and time frame requirements, set forth in Title IV-D of the Social Security Act and related provisions of the Code of Federal Regulations, including 45 CFR Part 303. a. DCS is required by federal regulation to perform various judicial proceedings and case actions within prescribed time frames, see 45 CFR 303. Federal regulations also provide for enhanced federal funding for DCS when it performs at a high level through the provision of federal incentive payments (45 CFR 304.12). DSHS Central Contract and Legal Services 3051 CS-63 County Program Agreement Commissioner's Services(5-27-2016) Page 2 Special Terms and Conditions b. The Counties are valuable partners for maintaining compliance with required federal performance standards and achievements-based federal incentive payments. Crucial areas where Court Commissioners help in meeting federal requirements include: (1) Hearing and deciding Title IV-D paternity and child support matters as expeditiously as possible; (2) Entering child support orders that are in accord with the Washington State Child Support Schedule and the obligor's reasonable ability to pay; and (3) Establishing obligations for provisions of health insurance coverage for the dependent children. c. The rationale for the reimbursement of Court Commissioner time with Title IV-D funds is the federal requirement that states provide an expedited process for adjudicating and concluding Title IV-D cases. d. Consideration is paid under this agreement in order to ensure that all IV-D child support cases are processed with priority in a manner sufficient to meet all relevant program standards and time frame requirements, set forth in Title IV-D of the Social Security Act and related provisions of the Code of Federal Regulations, including 45 CFR Part 303, as in effect or later amended, and such other regulations as may be adopted. e. The parties, under this Agreement, agree to coordinate activities to expedite the establishment, modification, and enforcement of orders in Title IV-D child support matters. 3. Period of Performance The period of performance is as stated on Page 1 of this Agreement. 4. Duties of the County The County is empowered under state law through the use of Court Commissioners to preside over family law judicial proceedings in Superior Court. Under this Agreement, the County shall have the following responsibilities: a. To preside over child support related hearings in Superior Court actions. b. To comply fully with the requirements of: (1) 42 USC Chapter 7, Subchapter IV, Part D, sections 651 et seq. (Title IV-D of the Social Security Act); (2) 45 CFR Chapter III, Part 302, section 302.34 (Cooperative Arrangements); Part 303, section 303.107 (Requirements for Cooperative Arrangements); Part 304 (Federal Financial Participation); and Part 305 (Program Performance Measures, Standards, Financial Incentives, and Penalties); (3) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). c. To ensure that an adequate amount of time is set aside for expedited processing of Title IV-D child support cases initiated by the County Prosecuting Attorney, the Attorney General, or an attorney contracted to act on behalf of the State of Washington. Preferable methods for achieving this goal include dedicated dockets, or set-aside time on family law calendars exclusively for IV-D cases. DSHS Central Contract and Legal Services 3051CS-63 County Program Agreement Commissioner's Services(5-27-2016) Page 3 Special Terms and Conditions d. If the County cannot provide a dedicated docket for Title IV-D cases, the County must develop an acceptable alternative process to ensure expedited handling of these cases. e. To meet as needed with the County Prosecuting Attorney and DCS to review the effectiveness of the expedited processes in meeting the program standards and time frame requirement defined in 45 CFR Part 303. f. To provide DCS an annual budget of court costs and expenditures for which reimbursement is expected to be claimed under this Agreement, using a format established by DCS. The County must monitor its budget and reimbursements. If initial budget authorization is found to be insufficient for the full calendar year, the County must submit a budget amendment request prior to the submission of any reimbursement claims that will result in exceeding the approved budget. g. To maintain on file with DCS a current County Indirect Cost Allocation Plan. The Plan, which is the responsibility of the County, must be updated annually in accordance with federal requirements contained in 2 CFR Part 200. h. To maintain or forward to DCS case records and supporting fiscal records as are required by state or federal laws or regulations adopted pursuant to Title IV-D. i. To retain case records for five (5)years after final disposition and be available for inspection, review, or audit by authorized DCS personnel, the Office of the State Auditor or federal auditors during the Agreement period. j. To submit to DCS copies of any support orders, documents or information obtained that indicates the disposition of cases. k. To respond to reasonable requests for information from DCS regarding the current status of cases. I. To respond to reasonable requests for information from DCS regarding performance under the contract. 5. Duties of the Division of Child Support DCS is the designated single state entity that administers, supervises, and monitors Washington State's Child Support Enforcement Program and the State Plan under Title IV-D of the Social Security Act. Under this Agreement, DCS will have the following responsibilities: a. To comply fully with the requirements of: (1) 42 USC Chapter 7, Subchapter IV, Part D, sections 651 et seq. (Title IV-D of the Social Security Act); (2) 45 CFR Chapter III, Part 302, section 302.34 (Cooperative Arrangements); Part 303, section 303.107 (Requirements for Cooperative Arrangements); Part 304 (Federal Financial Participation); and Part 305 (Program Performance Measures, Standards, Financial Incentives, and Penalties); (3) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). b. To inform counties of: (1) Relevant federal statutes, regulations and policies; DSHS Central Contract and Legal Services 3051 CS-63 County Program Agreement Commissioner's Services(5-27-2016) Page 4 Special Terms and Conditions (2) Provisions of the State Plan; (3) State policies, standards, procedures and instructions; and (4) Changes in federal and state funding, match rates, incentives, program requirements, performance measures and reimbursement methodology. c. To provide reasonable technical assistance and cooperation in program and fiscal areas necessary to assist counties in meeting state and federal requirements. d. To reimburse funds expended by the County for allowable expenditures pursuant to an approved reimbursement plan: (1) Reimburse the allowable direct costs of the County in accordance with the County Court Commissioner's Funding Methodology, at the amount of the current federal match rate. (2) Reimburse the other allowable indirect costs of the County, at the amount of the current federal match rate. (3) Provide a proportionate share of the federal incentive payments to the County. (4) Ensure that reimbursement shall not exceed the estimated financial participation as set forth in the County budget, including subsequent changes, approved by DCS. (5) Ensure compliance with federal regulations at 45 CFR 304.21(b) (Limitations) specifying that federal funding is not available for compensation (salary and fringe benefits), travel and training, and office-related costs incurred by judges or administrative and support staff of judges. e. To send an annual survey to the Court and the County Prosecuting Attorney's Office to monitor performance under this Agreement. 6. Billing and Payment a. Billing (1) The County shall submit a monthly claim for reimbursement using a format established by DCS and the Cost Reimbursement Plan. (2) Monthly claims shall be submitted for reimbursement for the actual allowable expenditures incurred in execution of this Agreement and must be in sufficient detail for DCS, state, and federal auditors to verify consistency. (3) All claims for reimbursement must be submitted to DCS within 90 days from the date of expenditure. No claim submitted more than 12 months after the date of expenditure will be reimbursed. (4) Any funds paid to the County which is later disallowed by state or federal auditors must be returned to DCS. (5) The County shall not claim reimbursement for any funds expended in execution of this Agreement that are, or have been derived directly from, federal funds, or are to be allocated to, or included as, a cost of any other federally financed program in either the current or a prior period. DSHS Central Contract and Legal Services 3051CS-63 County Program Agreement Commissioner's Services(5-27-2016) Page 5 Special Terms and Conditions (6) The County shall not claim reimbursement for the acquisition cost of any real property. (7) The County shall not claim reimbursement of any personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit without prior approval, except for the acquisition of automatic data processing equipment and software. This exception does not apply to imaging and equipment, which must have prior DCS approval due to budget constraints. (8) The County may claim reimbursement for the depreciation expense of nonexpendable personal property purchased by the County for use in execution of this Agreement, provided that management and accountability of said property is consistent with federal regulations adopted pursuant to Title IV-D. Per CFR 45.92.32, any equipment or items partially purchased with IV-D funding must be tracked and if disposed of or moved out of the Court's office, must be accorded a value at the time of disposal and if that value is over$5,000 the asset value must be deducted from that month's reimbursement claim. (9) The County shall not claim reimbursement for charges levied by one county office against another where such fees are not charged uniformly to all those using the provided services. b. Payment (1) Monthly claim reimbursements shall be submitted to: DCS County Fiscal Liaison DSHS/Division of Child Support MS 45860 P.O. Box 9162 Olympia, WA 98507-9162 (2) The County shall contact the County Fiscal Liaison concerning billing questions. (3) Payment shall be considered timely if made by DSHS within thirty (30) days after receipt of the complete and accurate monthly cost reimbursement claim. (4) DSHS may, at its sole discretion, withhold payment claimed by the County for services rendered if the County fails to satisfactorily comply with any term or condition of this Agreement. DSHS Central Contract and Legal Services 3051 CS-63 County Program Agreement Commissioner's Services(5-27-2016) Page 6 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING November 29,2021 Briefing Items • Supplemental Agreement No, 1 to extend agreement with Gibbs& Olsen for the Public Works Facility Water& Wastewater project design. • Bridge Inspection Agreement between Mason County and Washington State Department of Transportation(WSDOT). • News Release: Free Christmas Tree Recycling Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items 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: Loretta Swanson, Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: December 6, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ri Human Resources ❑ Legal ❑ Other— please explain ITEM: Supplemental No. 1 with Gibbs & Olson for the Public Works Facility Water/Wastewater System Design Contract EXECUTIVE SUMMARY: Currently, Public Works has a consultant agreement (Agreement No. 2020-01) with Gibbs & Olson to design the water, reclaimed water and wastewater systems from the Public Work's facility to connect to the City of Shelton mains in the vicinity of Public Works Drive and SR102. This agreement will expire at the end of December 2021; to complete the project, Public Works is requesting the Board authorize Supplemental Agreement No. 1 to extend the agreement through December 31, 2022 to complete the water/wastewater system design for the Public Works Facility. BUDGET IMPACT: No change in the maximum payable amount for this agreement is $90,000. To date $77, 232.74 has been paid out. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the County Engineer to execute Supplemental Agreement Number 1 with Gibbs & Olson extending the completion date to December 31, 2022 to design the water/wastewater system that will connect to the City of Shelton mains in the vicinity of Public Works Drive and SR102. ATTACHEMENTS: • Supplemental iz/1/zozi AOL Washington State W0 Department of Transportation Supplemental Agreement Organization and Address Number 01 Gibbs&Olsen Original Agreement Number 1157 3rd Ave,Ste 219 Longview,WA 98632 2020-01 Phone: Project Number Execution Date Completion Date 11/23/2021 12/31/2022 Project Title New Maximum Amount Payable Public Works Facility-Water/Wastewater System Design N/A Description of Work Work includes the design of the water, reclaimed water and wastewater systems from the existing facility to connect to the City of Shelton mains in the vicinity of Public Works Drive and SR 102. The Local Agency of Mason County Public Works desires to supplement the agreement entered in to with Gibbs & Olsen and executed on 3/19/2020 and identified as Agreement No. 2020-01 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: Time extension with no change in contract amount. I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: December 31, 2022 III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E., Deputy Director/ County Engineer DEPARTMENT: Public Works TOM 450 BRIEFING DATE: December 6, 2021 INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Bridge Inspection Agreement with Washington State Department of Transportation (WSDOT) EXECUTIVE SUMMARY: Currently, Mason County Public Works has an agreement with WSDOT that allows WSDOT to perform the types of bridge inspections listed in Exhibit B on Mason County bridges. This agreement expires at the end of this year (2021). Public Works would like to enter into a new agreement with WSDOT that would replace this agreement for the same work for another 10-year term, unless amended. BUDGET IMPACTS: Exhibit A shows the agreement scope and estimated costs per year. This will be funded out of the Road Fund and is currently budgeted. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the County Engineer to execute the agreement with WSDOT to provide bridge inspections on Mason County bridges and any future amendments extending the agreement. ATTACH M ENT: 1. Agreement (Includes Exhibit A & B- Schedule and Hourly Rate) Briefing Summary Bridge Inspection Local Agency and Address Agreement Name: Mason County Public Works Address: 100 W. Public Works Drive _ City, State Zip: Shelton, WA 98584 Agreement Number Exhibits GCB 3625 A. SCOPE OF WORK; B. COST RATES This Agreement is between the Washington State Department of Transportation, hereinafter "WSDOT," and the above named entity, hereinafter "LOCAL AGENCY," collectively "Parties" and individually "Party." WHEREAS, the LOCAL AGENCY, on a periodic basis, has a need to have certain bridges under its jurisdiction and responsibility regularly inspected, and WHEREAS, WSDOT has the qualified personnel and equipment and is willing to performing the bridge inspection work as mutually agreed upon, NOW THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and provisions contained herein, and the attached Exhibits A and B, which are by this reference made a part of this Agreement, IT IS HEREBY AGREED AS FOLLOWS: 1. GENERAL TERMS, SCOPE OF WORK, AND TERM 1.1 This Agreement provides the terms and conditions for WSDOT periodic bridge inspection work to be performed on LOCAL AGENCY-owned bridges at the LOCAL AGENCY's request and expense. The bridges to be inspected are listed in Exhibit A, Scope of Work. WSDOT shall initiate the inspections of the bridges listed in Exhibit A when each bridge is due for an inspection unless LOCAL AGENCY notifies WSDOT in writing not to inspect a bridge 60 days prior to the bridge's due date. Also included in Exhibit A are the estimated hours to complete each type of inspection on each bridge and the next anticipated dates for their inspection. 1.2 The LOCAL AGENCY does not guarantee a minimum number of bridge inspection requests, and WSDOT does not guarantee to perform any or all of the LOCAL AGENCY bridge inspection request(s). Should WSDOT decline to perform a requested bridge inspection for any reason, WSDOT shall not be liable for any costs incurred by the LOCAL AGENCY or damages incurred by any third party related to WSDOT's decision not to perform a requested bridge inspection. 1.3 WSDOT, on behalf of the LOCAL AGENCY or in conjunction with the LOCAL AGENCY, may perform bridge inspection work for the LOCAL AGENCY upon request. Bridge inspection requests for bridges not listed in Exhibit A shall be made in writing. Each request shall identify the bridge to be inspected and the type of inspection. WSDOT will respond in writing to the LOCAL AGENCY's request within fifteen (15) calendar days. WSDOT will identify the estimated time for the inspection and the estimated cost. Inspection dates will be mutually agreed upon by the Parties. 1.4 For bridge inspections where WSDOT provides the lead bridge inspector along with WSDOT equipment and an operator, WSDOT shall provide a draft bridge inspection report to Page 1 of 5 the LOCAL AGENCY's Contract Administrator listed below. WSDOT shall enter the completed inspection report data into the Bridgeworks database. The LOCAL AGENCY shall have five (5) business days to review and comment upon the draft bridge inspection report prior to a final bridge inspection report being prepared by WSDOT. The final bridge inspection report shall be prepared within ten (10) business days after receipt of the LOCAL AGENCY's comments, if any. Business days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050 and any Party's furlough days. WSDOT agrees that the LOCAL AGENCY may use its own certified lead bridge inspector to work with WSDOT's equipment and operator. Should the LOCAL AGENCY choose to provide its own certified lead bridge inspector, the LOCAL AGENCY shall be solely responsible for preparing its own bridge report. Contract Administrator: Mike Collins Title: County Engineer/ Deputy Director Email address and phone number: mcollinsP-masoncountywa.us, 360.427-9670 Ext 452 Mailing address: 100 W. Public Works Drive Shelton, WA 98584 1.5 Traffic control, if needed, will be provided by the LOCAL AGENCY at its sole cost. Traffic control costs are not included in the WSDOT cost rates. 1.6 Term: This Agreement shall remain in effect for ten (10) years from the date of execution, at which time this Agreement shall automatically terminate, unless extended by written amendment according to the conditions in Section 3, Amendment, below. 2. BILLING AND PAYMENT 2.1 The LOCAL AGENCY agrees to reimburse WSDOT for actual direct and related indirect costs to perform the bridge inspection work as requested by the LOCAL AGENCY at the then current WSDOT cost rate. Upon completion of the work, WSDOT shall submit a detailed invoice, identifying the bridge(s) inspected, the inspection hours worked, the type of inspection, the rates to be applied, and the total amount due. 2.2 WSDOT's current billing rates are shown in Exhibit B, Cost Rates. It is anticipated that these rates will increase over the life of the Agreement, and the LOCAL AGENCY acknowledges and agrees that WSDOT shall bill its current rates at the time the bridge inspection work is performed. 2.3 The WSDOT may submit invoices at any time, but not more frequently than once per month. WSDOT shall send appropriately documented invoices for work completed to the following address: Local Agency: Mason County Public Works Attention: Mike Collins Address: 100 W. Public Works Drive City, State, Zip: Shelton, WA 98584 2.4 The LOCAL AGENCY agrees to reimburse WSDOT within thirty (30) calendar days from receipt of an invoice (the "Due Date"). In the event the LOCAL AGENCY fails to make payment by the Due Date, the LOCAL AGENCY will pay WSDOT interest on outstanding balances at the Page 2 of 5 rate of twelve percent (12%) per annum, or the highest rate of interest allowable by law, whichever is greater. Interest shall be calculated from the Due Date to the date of payment. If the LOCAL AGENCY objects to all or any portion of an invoice, it shall notify WSDOT within twenty (20) calendar days from the date of receipt and shall pay only that portion of the invoice not in dispute. WSDOT and the LOCAL AGENCY shall make every effort to settle the disputed portion, and if necessary utilize dispute resolution provided for in Section 7. No interest shall be due on any portion of an invoice the LOCAL AGENCY is determined not to owe following settlement between the Parties or completion of dispute resolution process. The LOCAL AGENCY shall remit all payments to the following address: Washington State Department of Transportation CASHIER P.O. BOX 47305 OLYMPIA, WA 98504-7305 3. AMENDMENT 3.1 The Parties may mutually amend this Agreement at any time. The amendments shall not be binding unless they are made in writing and signed by personnel authorized to bind each Party, prior to performing any of the bridge inspection work that would be covered by the amendment. 4. TERMINATION 4.1 Either Party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other Party. If this Agreement is so terminated, the Parties shall be liable only for the performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination, including all non-cancellable obligations. 5. LEGAL RELATIONS 5.1 WSDOT's relation to the LOCAL AGENCY shall be at all times as an independent contractor. Further, WSDOT shall perform the work as provided under this Agreement solely for the benefit of the LOCAL AGENCY and not for any third party. 6. INDEMNIFICATION 6.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their employees and/or authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, each Party's obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such claims, suits, or actions result from the concurrent negligence of(a) the WSDOT, its employees and/or authorized agents and (b) the LOCAL AGENCY, its employees or authorized agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of each Party, its employees and/or authorized agents. Page 3 of 5 6.2 The terms of this Section shall survive termination of this Agreement. 7. DISPUTE RESOLUTION 7.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to, this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. To this end, following the dispute resolution process shown below shall be a prerequisite to the filing of litigation concerning any dispute between the Parties: A. The representatives designated in this Agreement shall use their best efforts to resolve disputes and issues arising out of or related to this Agreement. The representatives shall communicate regularly to discuss the status of the tasks to be performed hereunder and to resolve any disputes or issues related to the successful performance of this Agreement. The representatives shall cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any disputes or issues arising during the term of this Agreement. B. A Party's representative shall notify the other Party in writing of any dispute or issue that the representative believes may require formal resolution according to Section 7.1 D. The representatives shall meet within five (5) working days of receiving the written notice and attempt to resolve the dispute. C. In the event the representatives cannot resolve the dispute or issue, the LOCAL AGENCY, and WSDOT's Region Administrator, or their respective designees, shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the LOCAL AGENCY and WSDOT's Region Administrator, or their respective designees, cannot resolve the dispute or issue, the LOCAL AGENCY and WSDOT shall each appoint a member to a Dispute Board. These two members shall then select a third member not affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. All expenses for the third member of the Dispute Board shall be shared equally by both Parties; however, each Party shall be responsible for its own costs and fees. 8. VENUE AND ATTORNEYS FEES 8.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any action or proceeding shall be brought in a court of competent jurisdiction situated in Thurston County, Washington. Further, the Parties agree that each shall be solely responsible for payment of its own attorney's fees, witness fees, and costs. 9. RIGHT OF ENTRY 9.1 The LOCAL AGENCY hereby grants to the WSDOT a right of entry upon all land in which the LOCAL AGENCY has interest, within or adjacent to the right of way of the bridge to be inspected for the purpose of accomplishing the work described in this Agreement. Such right of entry shall commence upon execution of this Agreement and shall continue until termination of this Agreement under any applicable provision. Page 4 of 5 10. SEVERABILITY 10.1 If any terms or provisions of this Agreement are determined to be invalid, such invalid term or provision shall not affect or impair the remainder of the Agreement, but such remainder shall remain in full force and effect to the same extent as though the invalid term or provisions were not contained in the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date signed last by the Parties below. WASHINGTON STATE Mason County Public Works DEPARTMENT OF TRANSPORTATION Signature Date Signature Date Evan M. Grimm Printed Name Print Name Bridge Preservation Engineer Title Title A d aI I)Pdi hv: Signature Date Mark F. Schumock Assistant Attorney General Page 5 of 5 Agreement Scope for � xn.dww � Reaav to am Mason County (GCB3625) Exhibit A 0 hnulled Billed Not Pald Report In Progress $ Prid Structure Id Bridge No Bridge Name Type Freq. Lastlnsp. Next Insp. 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 08072500 645000015 STRETCH ISLAND 2MNU 24 9/1/2022 $2,621.20m $2,621.20m $2,621.20m $2,621.20m 52,621.20c 081698DO 2350DOG48 CHAPMAN COVE 2MNU 24 3/1/2023 $2,621.20c $2,621.20gn $2,621.20m $2,621.200 $2,621.20M 07996900 300000019 HARSTINE ISLAND BRIDGE 2MNU 48 4/1/2025 $3,14544 Ix $3,145.44M 08619500 901002328 EVER'S 3MNU 24 4/1/2023 $3,362.67�e 53,362.67� 53.362,67 $3,362.67m 53,362.67re 07996900 300000019 HARSTINE ISLAND BRIDGE UW3/LA 60 5/9/2022 $6,665.82m $6,665.82m Total for Year 9 287.02 5.111.81 21.2S1,129.31 2 21.2 12 649.69 52.621.20 9 129.31 2 21.2 5 98. 7 Cumulative Total 9,287.02 $15,270.89 $17,892.09 $27,021.40 $291642.60 $42,292.29 $44,913.49 $54,042.80 $56,664.00 $62,647.87 Exhibit B Cost Rates Bridge Inspection Estimated Hourly Rate Type of Inspection Estimated Hourly Estimated Hourly Estimated Hourly Labor Rates OT Labor Rates Equipment Rates 2 MAN UBIT INSPECTION 1 Bucket Operator&1 UBIT Driver Excludes Lead Inspector $ 141.58 $ 184.98 77.14$ BE3-BE3 3 MAN UBIT INSPECTION 1 Lead Inspector, 1 Co-Inspector& 1 UBIT Driver $ 225.99 $ 296.49 $ 77.14 BE3-BE3-BES ROUTINE/SAFETY INSPECTION 1 Lead Inspector& 1 Co-Inspector $ 155.20 $ 204.00 $ 4.20 BE5-BE3 DECK/TUNNEL/FERRY TERMINALS 1 Lead Inspector& 1 Co-Inspector $ 168.82 $ 223.02 $ 10.93 BE5-BE5 UNDERWATER BRIDGE INSPECTION 3 Man Dive Team $ 253.23 $ 334.53 $ 20.81 BE5-BE5-BE5 UNDERWATER BRIDGE INSPECTION 4 Man Dive Team $ 337.64 $ 446.04 $ 20.81 BE5-BE5-BE5-BE5 Title: Hourly Labor Rates 9/1/21 Estimated Hourly Estimated O/T Rate: Hourly Rate: Bridge Engineer 3-Range 64 $ 70.79 $ 92.49 Bridge Engineer 4-Range 68 $ 77.25 $ 101.62 Bridge Engineer 5- Range 72 $ 84.41 1 $ 111.51 Bridge Engineer 6-Range 76 $ 92.26 $ 122.33 Inspection Vehicles: Rates Assumed 7/1/21 Ford E350 4x4 Van $ 4.20 Ford F250 $ 5.69 Ford Econoline Van E350 $ 4.20 Ford F450 $ 9.60 2019 Munson 26 FT Dive Aluminum $ 11.21 Boat W/Trl &Trailer Tandem Shell Boat W/Trl $ 1.33 Inernational UBIT 62 Foot $ 72.94 Notes: Actual Labor Rates will be charged Fiscal Year 2021 Federal Indirect Cost Rate of 12.98%will be added to Invoices Hourly Rates Do Not Include Traffic Control Exhibit "B" Cost Rates Bridge Inspection Estimated Hourly Rate County Seasonal Total Daily Rate Meals& Lodging Rates Lodging Without Tax Adams County $ 155.00 Asotin County $ 155.00 Benton County $ 174.00 Chelan County $ 155.00 Clallam County 7/1-8/31 $ 235.00 9/1-6/30 $ 178.00 Clark County 6/1-10/31 $ 256.00 11/1-5/31 $ 226.00 Columbia County $ 155.00 Cowlitz County 6/1-10/31 $ 256.00 11/1-5/31 $ 226.00 Douglas County $ 155.00 Ferry County $ 155.00 Franklin County $ 174.00 Garfield County $ 155.00 Grant County $ 155.00 Grays Harbor County 7/1-8/31 $ 211.00 Grays Harbor County 9/1-6/30 $ 185.00 Island County $ 155.00 Jefferson County 7/1-8/31 $ 235.00 9/1-6/30 $ 178.00 King County 5/1-10/31 $ 311.00 11/1-4/30 $ 255.00 Kitsap County $ 155.00 Kittitas County $ 155.00 Klickitat County $ 155.00 Lewis County $ 155.00 Lincoln County $ 155.00 Mason County $ 155.00 Okanogan County $ 155.00 Pacific County $ 155.00 Pend Oreille County $ 155.00 Pierce County $ 195.00 San Juan County $ 155.00 Skagit County $ 155.00 Skamania County 6/1-10/31 $ 256.00 11/1-5/31 $ 226.00 Snohomish County 6/1-8/31 $ 213.00 9/1-5/31 $ 190.00 Spokane County $ 184.00 Stevens County $ 155.00 Thurston County 9/1-10/31 $ 186.00 11/1-8/31 $ 207.00 Wahkiakum County $ 155.00 Walla Walla County $ 155.00 Whatcom County $ 155.00 Whitman County $ 155.00 Yakima County $ 155.00 Fiscal Year 2021 Federal Indirect Cost Rate of 12.98%will be added to Invoices NEWS RELEASE December 6, 2021 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON, WA 98584 (360) 427-9670 EXT. 419 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: Free Christmas Tree Recycling Mason County announces free Christmas tree recycling available at the following locations starting December 27th to January 10th: • Shelton Transfer Station located at 501 West Eells Hill Road in Shelton, business hours are Monday through Saturday from 8:00am to 4:45pm • Belfair Solid Waste Drop Off Facility located at 2001 NE Sand Hill Road in Belfair, business hours are Tuesday through Saturday from 9 am to 4pm Customers of Mason County Garbage and Recycling curbside service can cut up their trees and stick them in their cart as part of their regular pickup. Please note that all trees dropped off for free recycling at County facilities must be free of tinsel, decorations, and flocking. Wreaths and garlands will not be accepted for free recycling since these items contain wires and can therefore not be recycled. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Vice Chair Commissioner