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2021/12/13 - Briefing Packet
MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: December 13, 2021 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): [_I Budget/Finance ❑ Human Resources ❑ Legal ❑ Other: ITEM: Discussion with representatives of the Squaxin Island Tribe regarding the Memorandum of Agreement (MOA). EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County and the Squaxin Island Tribe entered into a MCA on February 22, 2019. The County received a letter from the Tribe on December 8, 2021, outlining their understanding of the status of the tasks outlined in the MCA. The Tribe has requested a written response from the County by December 20, 2021. This briefing is an opportunity to meet and discuss each parry's understanding of the remaining tasks prior to written response by the County. BUDGET IMPACT: None RECOMMENDED OR REQUESTED ACTION: Discussion only. ATTACHMENTS: Letter from Squaxin Island Tribe, 12/8/2021 MOA, 2/22/2019 Briefing Summary 12/8/2021 SQUAXIN ISLAND TRIBE xr. SENT BY ELECTRONIC MAIL December 8, 2021 Commissioner Randy Neatherlin Commissioner Kevin Shutty Commissioner Sharon Trask 411 N. 5th St. Shelton, WA 98584 randvN@masoncountywa.gov; kshutty@masoncountywa.gov; strask@masoncountywa.gov Re: Status of County's compliance with 2019 Memorandum of Agreement Dear Commissioners: In February 2019, the Squaxin Island Tribe and Mason County signed a Memorandum of Agreement ("MOA")that settled Squaxin's challenge to Mason County's updated Comprehensive Plan and development regulations. In the MOA, the County committed to completing a list of tasks within prescribed deadlines, tasks that were and remain important to Squaxin. Attachment A of this letter addresses each of these tasks, the Tribe's understanding of the status of each task, and seeks specific information from the County about them. We understand that the County will provide more detail on the status of the tasks in our upcoming meetings this December. Squaxin and County staff last met on March 31, 2021 to discuss the County's progress on the deliverables. The purpose of many of the tasks is for the County and Tribe to understand the amount of water that is currently being used and the amount of water that is projected to be used in the next 20 years. We are concerned that the County is falling short of many of the MOA's requirements. For example, and as described in more detail in Attachment A: • The County remains unable fully quantify the existing number of wells/households per category(Group A, Group B,Two-Party, or private wells), their general locations, and amount of their water use. MOA, Section 5.2. • The County remains unable to determine the amount of groundwater that is currently pumped or will be pumped in the future. MOA, Section 5.2. Natural Resources Department • 200 SE Billy Frank Jr. Way • Shelton,WA 98584 360-432-3809 • awhitener@squaxin.us • The County has not prepared initial case reports that refine and make more realistic water use projections in the Johns and Goldsborough basins. Section 5.4(a). • The County was to have initiated an update to its Comprehensive Plan and development regulations as related to water availability and fisheries by June 30, 2021, and is supposed to approve such updates by December 31, 2021. In sum, the County appears to have failed to complete many tasks under the MOA in a timely manner and appears likely to miss upcoming deadlines. Please understand that the Tribe may need to invoke the MOA's mediation provision. Our hope and goal is to work with the County to avoid judicial action to enforce the MOA. Please don't hesitate to contact us if you have any questions. The Tribe's Natural Resources staff remains available to provide assistance as contemplated in the MOA. We would greatly appreciate the County's written response on the status and expected completion timeline for the listed items by December 20, 2021. The Tribe will then evaluate the County's response and determine next steps. Sincerely, ,lUl Andy OKitener(Dec 8,202108:51 PST) Andy Whitener, Director Squaxin Island Natural Resources Department Enclosure cc: Dave Windom, Director of Community Services Department Tim Whitehead, Mason County Prosecuting Attorney Sharon Haensly, Attorney, Squaxin Island Legal Department LeeAnne Kane, Attorney, Squaxin Island Legal Department Erica Marbet, Squaxin Island Natural Resources Department Letter to Mason County re: 2019 MCA Page 2 of 11 December 7, 2021 Attachment A Table of Tasks in the MOA Section 5.1 The Parties agree to work cooperatively to share information regarding current water uses and future development activities that may adversely affect anadromous fish resources and other attributes of watershed planning. MOA Task Completion status Tribe's comments 5.1 The County will provide Partially Complete-_The The County has taken little public access information County has provided onsite initiative to bring the work to to the Tribe regarding a) septic data to Online RME completion. Instead, it has only inventory current water and provided other data in given access and provided uses, b) summarize Smartgov. a) and b)The blocks of information yet to be changes in water use, c) County has provided access connected. The County's only estimate future water to data, but has not initiative for streamflow use requirements, and d) completed any inventory, or restoration and enhancement identify opportunities to summarized changes. c)The and restoration was a rural lot restore and enhance County worked with Ecology infiltration proposal, untested aquatic resources to the staff in the WREC process to with unknown political extent adversely affected estimate future water acceptability to its constituents. by current and future requirements. d)The County water uses. allowed the WREC committee and Ecology staff to identify opportunities, but it did not take action on those opportunities. Letter to Mason County re: 2019 MOA Page 3 of 11 December 7, 2021 Section 5.2. No later than June 30, 2020, the County will provide information to the Tribe about current water uses and future development activities,as follows: MOA¶ Task Completion status Tribe's comments 5.2.1.1 Inventory of all Partially Complete-The WRIA 14 does not encompass residential dwellings and County has provided a all of Mason County. other buildings inside the geodatabase to the Tribe Additional work needs to be service area of approved that lists Group A systems completed in the rest of the public water systems. and also parcels in Group B County. systems in WRIA 14 only. It This is not a complete is only a list of Group A inventory as described in system envelopes, not a list Section 5.2.1.1. It is only of parcels or households separate blocks of information served. The Group B list is that take additional work to be provided in a way that completed. cannot be summarized without additional work. 5.2.1.2 Inventory of all dwellings Partially Complete-The The County needs to complete and other buildings County has only provided the inventory of dwellings. outside the service area information on Group A, of approved public water Group B, and two-party systems. wells that would allow the completion of the inventory. 5.2.1.3 Inventory the number Partially Complete-The The County needs to complete and location of all County has only provided the inventory of permit-exempt permit-exempt wells.To information on Group A, wells. be completed by June Group B, and two-party 30, 2020. wells that would allow the completion of the inventory. 5.2.1.4 Inventory the number of Almost Complete-The The County needs to identify shared well agreements County generated a the second parcel associated geodatabase that lists all with each parcel that has an two-party shared well agreement.This is one step in agreements by the source completion of Section 5.2.1.3. parcel, but it does not include the second parcel. 5.2.1.5 Inventory the estimated Complete-The WREC Conservative estimates of total total water use for each Committee voted on use are preferred by the Tribe. residential dwelling and information in Section 4.3.1 other buildings that use of 2/3/21 Final Draft Plan for permit exempt wells. WRIA 14. Letter to Mason County re: 2019 MCA Page 4 of 11 December 7, 2021 5.2.1.6 Inventory the estimated Complete-The WREC The higher end estimate, based consumptive water use Committee voted to use 0.16 on the 95%confidence interval of permit-exempt wells. AFY per well or per for irrigation, is preferred by household, with a higher the Tribe and is represented in end estimate of 0.22 AFY per Table 6 and Figure 4 of the well or per household. 2/3/21 Final Draft plan for WRIA 14. 5.2.2.1 Establish and maintain a Complete The Tribe's technical staff have web-based community requested a training on this access public portal that system and will contact County will document county staff about sewer adequacy. permit activity for Department of Community Services Approval/ Acknowledgement. 5.2.2.2 Establish and maintain a Complete The Tribe's technical staff have web-based community requested a training on this access public portal that system and will contact County will document county staff about sewer adequacy. permit activity for Mason County Public Health Approval/ Acknowledgement 5.2.3 County will generate Complete pending receipt of The Tribe will request the annual reports showing reports.The County states reports from County staff for the number and location that this report can be 2019 and 2020 if it is unable to of new permit-exempt generated via the Smartgov generate the reports itself. wells. system for all permits dating back to 1998. 5.2.4 County will require a well Complete Pending The Tribe's technical staff will applicant to provide a Verification-The County verify this change with County copy of the Ecology Start updated their application staff. Card for each well to be form to include this inspected. requirement. 5.2.5 County will document Complete Pending The Tribe's technical staff will GPS coordinates for all Verification-The County verify this change with County wells subject to well site reported on March 31, 2021 staff. inspections. that County staff are entering the latitude and Letter to Mason County re: 2019 MCA Page 5 of 11 December 7, 2021 longitude of each well construction permit into Smartgov. 5.2.6 The County has Complete- County is The County should be using the established and will awaiting Tribe's request for most up-to-date information maintain a web-based reports from RME database. from this database to back community access public check location of rural wells. A portal to its onsite septic parcel that is not connected to system ("OSS") a public or two-part water maintenance database. system, but it has a septic system, is likely on a permit- exempt well. 5.2.7 County will provide the Complete-The County The County should be using the Tribe access to its OSS reported on August 10, 2021 most up-to-date information maintenance database to that the Tribe can contact from this database to back generate reports. County staff to request these check location of rural wells. A reports. parcel that is not connected to a public or two-part water system, but it has a septic system, is likely on a permit- exempt well. Letter to Mason County re: 2019 MOA Page 6 of 11 December 7, 2021 Section 5.3.The County will provide long-term localized water use projections for each Stream Management Unit within WRIA 14a based on the following: MOA¶ Task Completion status Tribe's comments 5.3.1 OFM population Completed by OFM-The The Tribe urges the County to allocation for the County reported it will only consider a second planning County. use the OFM medium scenario with a higher growth growth rate for this rate. RCW 43.62.035 does not allocation. The County cites preclude Mason County from RCW 43.62.035. planning for higher growth rates. 5.3.2 Estimation of population Incomplete-The County The County must now combine: growth inside and reported on August 10, 2020 rural growth projections from outside urban growth that this task was the WREC planning process, areas. completed. However, the existing Group A water system population allocation is projections, and estimate shown in heat maps growth projections for Group B generated by the consultant systems to produce an HDR. The County has stated estimation that satisfies Section this information is difficult to 5.3.2 estimate at a more specific scale. 5.3.3 Capacity of public water Incomplete-The County More information concerning systems for growth. completed a FOIA request to the number of connections the DOH in 2020 for service available and the capacity for area parcels and queried for public water systems to absorb matches to a WEC form or population growth is required. construction application. The County reported on March 31, 2021 that this estimate remains unknown other than the County staff believe the growth rate to be "a small percentage." 5.3.4 County's Land Capacity Neither updated nor used to Update Land Capacity Analysis Analysis satisfy Section 5.3. Land by subbasin in the County's Capacity Analysis has neither Comprehensive Plan. Use it to been updated with growth satisfy Section 5.3. projections, nor has it been used to satisfy Section 5.3's task, which is to "provide Letter to Mason County re: 2019 MCA Page 7 of 11 December 7, 2021 long-term localized water use projections for each Stream Management Unit within WRIA 14a based on the following:" Section 5.4. No later than January 1, 2021,the County shall: MOA¶ Task Completion status Tribe's comments 5.4(a) Prepare as initial case Not yet started. Kell Rowen County needs to meet its reports for Johns Creek and Erica Marbet developed obligations. and Goldsborough Creek a scope of work draft and watersheds that refine sent it to Dave Windom for and make more realistic review and to pass along to the water use Jeff Dickison and Sharon projections in Section 5.3 Haensly. 12/6/21- In a through scrutinizing recent phone call, Dave potential land Windom let Erica Marbet subdivisions and know that a new staff limitations imposed by person had been hired to do the County's Resource this task, and the scope Ordinance, MCC Ch. remained the same as when 8.52. Erica originally sent it. 5.4(b) Cooperatively develop Not yet started. County needs to meet its with the Tribe a obligations. timetable for the County's development of such reports for the remaining watersheds with instream flows. Letter to Mason County re: 2019 MOA Page 8 of 11 December 7, 2021 Section 5.5.The Tribe shall share with the County data as within WRIA 14a relating to streamflows and other water measurements, as well as salmon productivity and abundance, that will assist in the endeavors described in this Agreement. MOA¶ Task Completion status Tribe's comments 5.5 The Tribe will share with The County has not The Tribe has shared its the County data relating requested flow data.The relevant data with all who to streamflows and other Tribe shared all of its flow request and continues to water measurements data with Ecology during the supplement this data as new that will assist in the WREC process. Ecology and data is gathered. Data include endeavors of the the Tribe double-checked streamflow, stream Agreement. current monitoring locations temperature, and stream against regulatory points. bacterial concentration. Ecology formed all raw data into Exceedence Curves, which are available within the WREC WRIA 14 plan. Section 5.6.The Parties will consult with WDFW and DOE regarding implementation of this Agreement and adoption of an amended rule for WRIA 14a. MOA¶ Task Completion status Tribe's comments 5.6 Consult with WFDW and The Watershed Plan for The Tribe expects the Parties DOE on implementation WRIA 14a was not adopted will remain engaged in this of Agreement by the Committee. The process, consult with WDFW Watershed Plan has been and DOE, and continue to work sent to DOE for its towards an agreeable consideration and Watershed Plan. recommendation to the SRF board. Letter to Mason County re: 2019 MOA Page 9 of 11 December 7, 2021 Section 6.1 of the Agreement requires the parties to make best efforts to reach a mutual agreement on the need for a rulemaking process to amend the DOE WRIA 14a water management rule. MOA Task Completion status Tribe's comments 6.1.1 Request, and if Not started. necessary, petition Ecology to initiate rulemaking to amend the WRIA 14a rule in a manner consistent with the watershed restoration and enhancement plan. 6.1.2 Support a rule Not started. amendment consistent with the approved watershed restoration and enhancement plan, including jointly defend a rule amendment that is consistent with the watershed restoration and enhancement plan against a third-party. Letter to Mason County re: 2019 MOA Page 10 of 11 December 7, 2021 Section 7.2 The County shall, pursuant to RCW 36.70A.130(6)(a): MOA¶ Task Completion status Tribe's comments 7.2.1 Take all necessary steps Incomplete. to initiate review of those portions of the Comprehensive Plan and development regulations that relate to water availability and/or fisheries. This shall occur no later than June 30, 2021. 7.2.2 Docket and update those Not yet started portion of the Comprehensive Plan and development regulations. This shall occur no later than December 31, 2021. Letter to Mason County re: 2019 MOA Page 11 of 11 December 7, 2021 SquaxinLtrMC_MOA_Compliance_08Dec2021 Final Audit Report 2021-12-08 Created: 2021-12-08 By: Kimberly Peterson(kpeterson@squaxin.us) Status: Signed Transaction ID: CBJCHBCAABAAD1DRxbrlmmXrDEnIVrXbOBygn_BTOcoF "SquaxinLtrMC_MOA_Compliance_08Dec2021 " History Document created by Kimberly Peterson (kpeterson@squaxin.us) 2021-12-08-2:20:18 AM GMT-IP address:97.113.202.4 C'y Document emailed to Andy Whitener(awhitener@squaxin.us) for signature 2021-12-08-2:21:05 AM GMT Email viewed by Andy Whitener(awhitener@squaxin.us) 2021-12-08-4:48:31 PM GMT-IP address:24.17.137.189 6© Document e-signed by Andy Whitener(awhitener@squaxin.us) Signature Date:2021-12-08-4:51:19 PM GMT-Time Source:server-IP address:24.17.137.189 Agreement completed. 2021-12-08-4:51:19 PM GMT Q Adobe Sign y coo ►*� ~"' MASON COUNTY BOARD OF SQUAXIN ISLAND TRIBAL COUNCIL COMMISSIONERS 10 SE SQUAXIN LANE 411 NORTH 5"STREET SHELTON,WA 98584 SHELTON,WA 98584 X(f Memorandum of Agreement Mason County and the Squaxin Island Tribe This Agreement is between Mason County ("County") and the Squaxin Island Tribe ("Tribe") (collectively, "Parties"). Sec. 1— Recitals 1.1 The County is a general purpose local government and a subdivision of the State of Washington, with all the rights and responsibilities pertaining thereto. 1.2 The Tribe is a federally-recognized Indian tribe and a signatory party to the Treaty of Medicine Creek, with all the rights and responsibilities pertaining thereto. 1.3 Anadromous fish are central to the Tribe's culture and economy, and the Tribe is concerned that instream flows necessary for fish are unmet in numerous streams throughout Mason County. 1.4 The Parties recognize and respect, and seek to foster, the government-to- government relationship that exists between them; to engage in cooperative land use and watershed planning; to provide for a long-term, environmentally sustainable water supply and human population growth; to protect and restore anadromous fish resources; and to pursue mutually beneficial governmental, environmental and economic development interests and opportunities. 1.5 On March 27, 2018, the Parties signed a nonbinding Letter of Intent that memorialized their intention to develop a watershed restoration and enhancement plan for Water Resource Inventory Area 14a ("WRIA 14a"). Among other things, the Letter of Intent stated that the Parties would work towards executing a binding memorandum of agreement. This Agreement represents that effort. 1.6 The Parties previously served as initiating governments under Chapter 90.82 RCW, the Watershed Planning Act, and agreed to form a Watershed Planning Unit as provided in Chapter 90.82 RCW to develop a watershed plan for WRIA 14a. Mason County served as lead agency for purposes of state funding for watershed planning. The Watershed Planning Unit produced a draft watershed plan and valuable supporting studies. The initiating governments did not approve the draft watershed plan. 1.7 The Parties now desire to work collaboratively to assist in the development of a ,I watershed restoration and enhancement plan for WRIA 14a in a manner consistent with Chapter 90.94 RCW and other applicable laws and regulations which, in addition to those identified in Section 3, include but are not limited to Chapter 36.70A RCW,Chapter 90.03 RCW, Chapter 90.42 l RCW, Chapter 90.44 RCW, Chapter 90.54 RCW, Chapter 90.58 RCW and Chapter 90.82 RCW. i 1.8 The Parties recognize that, pursuant to Chapter 90.94 RCW, the Washington Department of Ecology("Ecology")must prepare a watershed restoration and enhancement plan for WRIA 14a by June 30, 2021, in collaboration with a committee whose members include the Parties. By then, the Parties and others expect to have gained an improved understanding of, among other things, the potential impacts of development on streamflows and fisheries, and strategies for ensuring long-term, environmentally sustainable water supply and growth. The Parties' active participation as lead entities in the planning process under Chapter 90.94 RCW is vital to ensure that their respective interests are adequately represented. IN CONSIDERATION THEREOF,THE PARTIES hereby agree as follows: I Sec. 2—Purposes.--The purposes of this Agreement are— 2.1 To provide a scientific and regulatory framework to mitigate for and offset development, as provided under Chapter 90.94 RCW and other applicable laws and regulations; and 2.2 To provide a scientific and planning framework to protect, restore and enhance impaired instream resources and improve watershed functions that support anadromous fish resources. Sec. 3—Authorities i a 3.1 The Tribe's authority to enter into this Agreement arises under— 3.1.1 The Laws of the United States; 3.1.2 Treaty of Medicine Creek; and i 2 3.1.3 The Squaxin Island Tribal Constitution and laws; 3.2 Mason County's authority to enter into this Agreement arises under— 3.2.1 Wash. Constitution Article XI; 3.2.2 Chapter 36.01 RCW (County Government Enabling Act); 3.2.3 Chapter 36.70A RCW (Growth Management Act); 3.2.4 Chapter 90.54 RCW (Water Resources Act); 3.2.5 Chapter 90.82 RCW (Watershed Planning Act); and 3.2.6 Mason County Code. i 3.3 The Parties' authority to enter into this Agreement also arises under— p 3.3.1 Chapter 39.34 RCW (Interlocal Cooperation Act); 3.3.2 Chapter 90.82 RCW (Watershed Planning Act); and 3.3.3 Chapter 90.94 RCW (Streamflow Restoration Act). Sec. 4—Planning and Funding 4.1 The Parties agree to work cooperatively to assist in the development and implementation of a watershed restoration and enhancement plan for WRIA 14a that is consistent with Chapter 90.94 RCW, and other applicable laws and regulations. The Parties may seek to contract with Ecology to perform some or all of Ecology's responsibilities under Chapter 90.94 RCW for WRIA 14a. 4.2 The Parties may in the future,and if they deem appropriate,consider establishing a Watershed Management Partnership ("WMP") under RCW 39.34.200 for purposes that include developing and implementing the watershed restoration and enhancement plan. 4.3 The Parties may in the future, and if they deem appropriate,consider establishing a Joint Board to administer the WMP,consisting of a representative of each Party. The WMP will not be a separate legal entity. The Parties each will acquire, hold and dispose of any real or personal property used by the WMP. 4.4 The Parties may, and as appropriate, individually and/or cooperatively seek funding from Ecology or other sources to develop and implement the watershed restoration and enhancement plan envisioned by this Agreement. Nothing precludes the Parties from also, individually or cooperatively, seeking funding from additional sources. 4.5 Subject to the Parties' agreement, the County may serve as fiscal agent and, subject to the Parties' agreement, as lead agency for any grant or other funding agreement to develop the watershed restoration and enhancement plan or to otherwise implement this Agreement. The County will pass through funding to the Tribe under the terms of any grant or 3 other funding agreement that includes Tribal participation within the authorized scope of activities under the grant or other funding agreement. Sec. 5—Technical Projects and Coordination 5.1 The Parties agree to work cooperatively to share information regarding current water uses and future development activities that may adversely affect anadromous fish resources or other attributes of watershed health. To assist in developing and implementing the watershed restoration and enhancement plan described in this Agreement, and as described in this Section,the County will provide public access to information to: (a) inventory current water uses; (b) summarize changes in water use; (c) estimate future water use requirements; and (d) identify opportunities to restore and enhance aquatic resources to the extent adversely affected by current and future water uses. 5.2 No later than June 30, 2020, the County will provide information to the Tribe about current water uses and future development activities, as follows: 5.2.1. For each subbasin, the County will inventory current water uses. The a inventory will identify— 5.2.1.1. all residential dwellings and other buildings inside the service area of an approved public water system; 5.2.1.2. all residential dwellings and other buildings using permit-exempt wells outside the service area of an approved public water system; 5.2.1.3. estimated number and location of permit-exempt wells used for domestic supply or other beneficial purposes otherwise authorized under RCW 90.44.050; 5.2.1.4. estimated number of shared well agreements; 5.2.1.5. estimated total water use for each residential dwelling and other buildings using a permit-exempt well; and 5.2.1.6. estimated consumptive water use for each residential dwelling and other buildings using a permit-exempt well. 5.2.2. The County will establish and maintain a web-based community access public portal that will document all County permit activity. The portal will include the following applications and approvals: 5.2.2.1. Department of Community Services Approval/Acknowledgement 1 • Accessory dwelling unit • Boundary Line Adjustment • Building permit • Large Lot Subdivision • Parcel Combination 4 • Short Subdivision 5.2.2.2. Mason County Public Health Approval/Acknowledgement • Environmental Health Review • Land Use Evaluation • Onsite sewage • Sewer adequacy • Two-party(shared well) application • Water Adequacy • Well Construction 5.2.3. The County will generate annual reports that show the number and location of new permit-exempt wells. 5.2.4. The County will update its application form to require an applicant for well site inspection to provide a copy of the Ecology Well Start Card for each well to be inspected. The County will include a copy of the Well Start Card on its community access public portal for the application for well site inspection. 5.2.5. The County will document the GPS locations for all wells subject to well ' site inspection, and will include the location with the well site inspection. 5.2.6. The County has established and will maintain a web-based community access public portal to its onsite septic system ("OSS") maintenance database. 5.2.7. The County will provide the Tribe with access to its OSS maintenance database public portal to generate reports summarizing OSS maintenance data. 5.3 The County will provide long-term localized water use projections for each Stream Management Unit within WRIA 14a, as described in WAC 173-514-030, based on— 5.3.1 Office of Fiscal Management ("OFM") population allocation for Mason County; 5.3.2 Distribution of OFM population allocation within and outside urban growth areas consistent with applicable laws and regulations and best available science on water availability and anadromous fisheries; 5.3.3 Service expansion capacity of existing public water systems; and 5.3.4 Mason County's Land Capacity Analysis per RCW 36.70A.115 and WAC 365- 196-325. 5.4 No later than January 1, 2021,the County shall: (a) prepare as initial case reports for Johns Creek and Goldsborough Creek watersheds that refine and make more realistic the water use projections in Section 5.3 through scrutinizing potential land subdivisions and limitations imposed by the County's Resource Ordinance, MCC Ch. 8.52; and (b) cooperatively a i 5 develop with the Tribe a timetable for the County's development of such reports for the remaining watersheds with instream flows. 5.5 The Tribe shall share with the County data as within WRIA 14a relating to streamflows and other water measurements, as well as to salmon productivity and abundance, that will assist in the endeavors described in this Agreement. 5.6 The Parties will consult with Ecology and the Washington Department of Fish & I� Wildlife ("WDFW") regarding implementation of this Agreement and adoption of an amended Water Management Rule for WRIA 14a. The Parties agree to notify and, when appropriate, to invite each other to meetings with Ecology or WDFW to discuss watershed restoration and enhancement plan development and/or seek funding or technical assistance regarding the plan and any potential amendment to the WRIA 14 Rule. Sec. 6—State Rulemaking N 6.1 The Parties shall make their best efforts to reach mutual agreement on the need to conduct rulemaking to amend Ecology's WRIA 14a water management rule. If Ecology adopts Y a watershed restoration and enhancement plan that both Parties approve,the Parties shall: 6.1.1 Request and, if necessary, petition Ecology to initiate rulemaking to amend the WRIA 14a Rule in a manner consistent with the watershed restoration and L enhancement plan;and 6.1.2 Support a rule amendment consistent with the approved watershed restoration and enhancement plan, including jointly defend a rule amendment that is consistent with the watershed restoration and enhancement plan against a third-party challenge. Sec. 7—County Comprehensive Plan and Development Regulations 7.1 The Tribe agrees to dismissal of its Petition for Review in Squaxin Island Tribe v. Mason County, WWGMHB No. 18-2-0002, upon execution of this Agreement. 7.2 The County shall, pursuant to RCW 36.70A.130(6)(a): 7.2.1 Take all necessary steps by June 30, 2021, to initiate review of those portions of the Comprehensive Plan and development regulations that relate to water availability and/or fisheries; and 7.2.2 By December 31, 2021, docket and update those portions of the Comprehensive Plan and development regulations described in subparagraph 7.2.1 in a manner that includes best available science, particularly as pertains to water quantity and anadromous fisheries, and is consistent with any watershed restoration and enhancement plan (or components or subcomponents)that is approved by both Parties, as well as applicable laws and regulations. 6 Sec. 8—Government-to-Government Cooperation 8.1 The Parties shall meet at least semi-annually, on a government-to-government basis,to discuss issues of mutual concern under this Agreement. 8.2 The Parties will each designate a technical contact person and a policy contact person for purposes of fostering timely and responsive communication regarding implementation of this Agreement. 8.3 The Parties shall consider retaining the services of a mutually-agreeable facilitator to assist them to implement this Agreement. Sec. 9—General Provisions 9.1 Term and Effect. This Agreement is binding on the Parties and shall remain in effect until December 31, 2022; provided that if any appeal or lawsuit to enforce this Agreement is filed, the Agreement shall remain in effect until resolution of the appeal or lawsuit or any remedies provided through an appeal or lawsuit are performed and completed. 9.2 Dispute Resolution. Except as precluded by statutory filing deadlines,the Parties shall provide each other with 30 days written notice of any dispute arising between them under or related to implementation of this Agreement, and shall submit the dispute to non-binding mediation within 90 days of providing notice of a dispute. A mediator will be chosen by mutual agreement of the Parties. 9.3 Specific Performance in Event of Default. In the event of default, the Parties acknowledge that it may be difficult to measure the resulting damages and that damages may not provide an appropriate remedy. Accordingly, the remedies for a non-defaulting Party are limited to injunctive relief and specific performance if appropriate. 9.4 Severability. If any provision of this Agreement, or the application thereof to a Party or circumstance, is found to be invalid or unenforceable, the remainder of the provisions of this Agreement, or the application of such provision to a Party or circumstances other than those as to which it is found to be invalid or unenforceable, as the case may be, shall not be affected thereby. 9.5 Waiver. If any Party fails to exercise any of its rights under this Agreement, it will not be precluded from subsequent exercise of that right. A failure to exercise any right will not constitute a waiver of any other rights under this Agreement. 9.6 Amendment.Amendments to this Agreement for any purpose must be in writing G and signed by authorized representatives of each of the Parties. 9.7 Presumption of Good Faith. The Parties to this Agreement will work cooperatively and in good faith to implement this Agreement, and not unreasonably withhold any approval required of any Party under this Agreement. 9.8 Governing Law. This Agreement will be governed and enforced under the laws 7 of the State of Washington. Venue for any action arising under or related to this Agreement shall be determined as provided under RCW 36.01.050. 9.9 Applicability. Nothing in this Agreement will be construed to: 9.9.1. Establish a third-party beneficiary relationship or other right to or responsibility for any person or entity that is not a signatory to this Agreement; or 9.9.2. Affect or modify any treaty or other rights of the Tribe, including its federally-reserved water rights. 9.10 Sovereign Immunity. The Tribe hereby agrees to a limited waiver of sovereign immunity for suit in state court exclusively for the limited purpose of allowing the County to enforce this Agreement solely through the equitable remedies of injunctive relief or specific performance. This limited waiver is not for the benefit of any third party or for any other action or any other forum or regarding any other matter,and shall not be enforceable by any third party or by any assignee of the Parties. In any enforcement action, the Parties shall bear their own enforcement costs, including attorneys' fees. 9.11 Recording. The County will file this Agreement with the Mason County Auditor as provided under RCW 39.34.040. THIS AGREEMENT is effective upon signature by the Parties below. Mason County Squaxin Island Tribe Hon. Kevin Sh ty Hon./Arnold Cooper Chair Tribal Chair Mason County Board of Commissioners Squaxin Island Tribe DATE: E Z Zd 1 DATE: �s L Z Z O/ 8 Mason County Administrator o pop . 411 North 5th Street Shelton, WA 98584 360.427.9670 ext. 419 MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM ADMINISTRATOR December 13, 2021 • Specific Items for Review o November Financial Statements—Jenn o Appointment of acting Coroner—Diane 0 2022 Commissioner Board Assignments- Diane • Commissioner Discussion J:\DLZ\Briefmg Items\2021\2021-12-13.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: December 13, 2021 PREVIOUS BRIEFING DATES: N/A ITEM: Mason County Monthly Financial Report: November 2021 EXECUTIVE SUMMARY: Review of Cash Balances, and Budget to Actual Revenues and Expenditures for all County Funds through November 2021. BUDGET IMPACTS: Budget to Actual Comparison of 2020 & 2021 RECOMMENDED OR REQUESTED ACTION: N/A ATTACHMENTS: Mason County Monthly Financial Report: November 2021 J:\Budget Office\Briefmg,Agenda,&Public Hearing Items\2021\Briefmg Summary 12.13.2021 -November 2021 Financial Report.doc �rgptl Cop�,� OV �1I MASON COUNTY MONTHLY FINANCIAL REPORT 2021 J:\Financials\2021 Financials\2021 November Financial Report.xlsx 1 �A copN MASON COUNTY MONTHLY FINANCIAL ISM REPORT NOVEMBER 2021 2020 vs 2021 Current Expense Revenue Comparison Revenue Revenue Department Name 2020 Budget Collected Uncollected %2020 2021 Budget Collected Uncollected %2021 Actual dif 2020 Through End g Through End vs 2021 of Month Revenue of Month Revenue WSU Extension 20,500 17,842 (2,658) 87% 23,500 21,231 (2,269) 90% 3,389 Assessor 7,000 17,085 10,085 244% 7,000 12,688 5,688 181% (4,397) Auditor 1,198,700 1,320,244 121,544 110% 1,130,017 1,010,586 (119,431) 89% (309,658) Emergency Management 64,648 70,877 6,229 110% 121,585 36,661 (84,924) 30% (34,216) Facilities&Grounds - 5,375 5,375 0% 967 967 0% (4,408) Human Resources - 40 40 0% 850 850 0% 810 Clerk 328,058 246,460 (81,598) 75% 366,348 237,927 (128,421) 65% (8,533) Commissioners - - - 0% 725 725 0% 725 Support Services 700 476 (224) 68% 700 2,987 2,287 427% 2,511 District Court 978,652 876,223 (102,429) 90% 1,036,026 1,013,203 (22,823) 98% 136,980 Community Development 1,790,810 2,024,088 233,278 113% 2,177,600 2,816,027 638,427 129% 791,939 Historical Preservation - 0% 76,000 72,973 (3,027) 96% 72,973 Parks&Trails 44,000 7,739 (36,261) 18% 44,000 20,632 (23,368) 47% 12,893 Juvenile Court Services 1,161,972 1,149,723 (12,249) 99% 1,161,438 1,336,217 174,779 115% 186,494 Prosecutor 192,951 170,955 (21,996) 89% 248,575 163,544 (85,031) 66% (7,410) Child Support Enforcement 209,515 168,862 (40,653) 81% 159,126 69,681 (89,445) 44% (99,181) Coroner 35,000 24,640 (10,360) 70% 35,000 41,440 6,440 118% 16,800 Sheriff 1,126,875 994,694 (132,181) 88% 1,000,835 971,332 (29,503) 97% (23,362) Indigent Defense 204,767 157,986 (46,781) 77% 260,423 186,792 (73,631) 72% 28,806 Superior Court 68,927 71,209 2,282 103% 78,656 114,674 36,018 146% 43,465 Family Court 2,500 2,328 (172) 93% 2,500 2,696 196 108% 368 Therapeutic Court 610,884 425,179 (185,705) 70% 720,875 471,803 (249,072) 65% 46,625 Murder Expenditures - - - 0% - - 0% - Treasurer 26,348,450 25,291,684 (1,056,766) 96% 26,206,041 28,409,502 1 2,203,461 108% 3,117,818 Non Departmental 3,956,682 3,567,464 (389,218) 90% 4,303,486 3,899,535 (403,951) 91% 332,071 Motor Pool - 0% 447,202 314,145 (133,057) 70% 314,145 Totals $ 38,351,591 $ 36,611,171 $ (1,740,420) 95% $ 39,606,933 $ 41,228,818 $ 1,621,885 104% 4,617,647 nav a enchmar- for- is J:\Financials\2021 Financials\2021 November Financial Report.xlsx 2 MASON COUNTY MONTHLY FINANCIAL NOV BEAR 2021 REPORT Treasurer Department Receipts Treasurer##001-2604000 2020 Budget 2020 YTD This Month %2020 2021 Budget 2021 YTD This Month %2021 REAL&PERSONAL PROPERTY TAXES 10,383,385 10,024,023 855,953 97% 11,546,496 11,161,701 884,786 97% SALES TAX TITLE PROPERTY - 125 0 0% - 1,720 0 0% LOCAL RETAIL SALES&USE TAX 6,000,000 6,231,095 703,296 104% 6,250,000 7,676,669 749,236 123% LOCAL PUBLIC SAFETY-CITY 37,000 44,312 4,427 120% 37,000 46,442 4,272 126% CRIMINALJUSTICE 600,000 753,589 82,314 126% 750,000 889,149 85,523 119% LEASEHOLD EXCISE TAX 35,000 20,462 0 58% 26,000 36,854 13,696 142% FOREST EXCISE TAX 225,000 301,151 78,703 134% 100,000 238,503 54,886 239% FRANCHISE FEES 520,000 487,005 45,686 94% 500,000 480,484 44,486 96% PAYMENT IN LIEU OF TAX/B OF L 289,000 314,361 0 109% 315,000 331,886 0 105% PUD PRIVILEGE TAX 725,000 734,058 0 101% 735,000 768,144 0 105% DNR OTHER TRUST 2 100 104 0 104% 100 265 0 265% LE&CJ LEG 1 TIME COSTS 0% - 255,892 0 0% CITY-COUNTY ASSISTANCE 1,415,000 981,230 0 69% 1,415,000 1,654,705 0 117% DNR PILT NAP/NRCA 4,000 - 0 0% 4,000 - 0 0% CRIMINALJUSTICE-COUNTIES 680,000 753,661 0 111% 700,000 770,777 0 110% ADULT COURT COST-JUVENILE OFFE 5,000 4,478 402 90% 5,000 3,920 382 78% CRIMINAL JST-MARIJUANA ENFORCE 85,000 63,996 0 75% 85,000 74,163 0 87% DUI-OTHER CRIMINAL JUSTICE A 15,400 15,765 0 102% 14,500 17,393 0 120% LIQUOR/BEER EXCISE TAX 116,920 147,699 0 126% 125,000 167,219 0 134% LIQUOR CONTROL BOARD PROFITS 205,000 150,436 0 73% 200,000 149,987 0 75% IN LIEU OF-CITY OF TACOMA 190,000 185,570 16,870 98% 190,000 189,282 17,207 100% TREASURER'S FEES - 23 0 0% - 38 0 0% PAYMNT FOR SRVCS-MASON LK DIST 475 360 0 76% 360 360 0 100% PAYMNT FOR SRVCS-SPENCER LK FND - 145 0 0% 100 145 0 145% PAYMNT FOR SRVCS-ISLAND LK FND 120 290 0 242% 100 100 0 100% CHARGES FOR SRVCS-MACECOM 1,300 1,324 0 102% 1,325 1,372 0 104% RETURNED REMITTANCE(NSF)FEES 2,400 2,480 640 103% 2,500 1,960 320 78% REET COLLECTION FEES 100,000 122,202 10,816 122% 100,000 184,723 19,413 185% REET COLLECTIONS COSTS 9,000 7,806 550 87% 9,000 8,918 903 99% TREAS.FIRE PROTECTION ASSESSM 15,000 14,890 1,236 99% 15,000 14,870 1,132 99% 3 Treasurer Department Receipts Tmasurer#002-260-000 2020Budget 2020YTD This Month %2020 2021Budget 2021YTD This Month %2021 TREAS OTHER WORD PROCESSING 575 350 19 61% 93 6 22% PUBLIC DISCLOSURE CHGS SRVCS 5 - 0 0% 5 - 0 0% DATA PROCESSING SERVICES - 106 0 0% 100 0 0% GAMBLING TAX PENALTY - 350 50 0% 550 100 0% REAL&PERSONAL PENALTY 350,000 312,900 16,076 89% 350,000 271,610 16,772 78% PERSONAL PROP FILING PEN 5,000 20,434 3,640 409% 20,000 33,057 5,590 165% PENALTY ON REAL&PERSONAL PRO - 6,703 512 0% - 4,606 0 0% FAILURE TO LIST PERSONAL PROP - - 0 0% - 19 0 0% INTEREST&OTHER EARNINGS 800,000 419,504 11,544 52% 500,000 114,450 10,356 23% INVESTMENT SERVICEFEES(TREAS. 25,000 13,233 618 53% 20,000 4,735 415 24% INT.ON CONT.NOTES-ACCTS.HELD,S 8,500 13,009 1,082 153% 8,500 23,903 514 281% LEASEHOLD EXCISE TAX INTEREST - 7 0 0% - 4 0 0% EXCISE INTEREST 50 222 0 443% 50 283 0 566% INV PURCHASED INT - (199) (10) 0% - (2,698) (1,453) 0% INTEREST ON DELINQUENT PR TAX 650,000 561,063 43,589 86% 600,000 528,127 47,080 88% RENTS/LEASES-DNR TRUST 1,000 16,368 0 1637% 10,000 26,241 3,003 262% RENTS/LEASES-DNR TMBR TRUST 1 500,000 234,131 20,175 47% 250,000 905,862 67,368 362% UNCLAIMED MONEY/PROCEEDS-SALES 60,000 60,945 0 102% 225,000 177,935 0 79% TREASURER TAX FORECLOSURE TRUST 64,000 - 0 0% - - 0 0% CASH ADJUSTMENTS/OVER-UNDER 20 (191) (306) -955% 10 (797) (416) -7970% TAX DISTRIBUTION ROUNDING - - 0 0% 10 (16) (5) -165% MISCELLANEOUS-OTHER REVENUE 100 - 0 0% 100 36 10 36% ROAD DIVERSION 2,160,000 2,145,936 188,941 99% 1,080,000 1,084,790 88,819 100% SALE OF TAX TITLE PROPERTY - (1,484) 0 0% - 87 0 0% LEASEHOLD EXCISE TAX 5,000 2,690 0 54% 2,000 1,324 1,316 66% TIMBER EXCISE TAX 53,000 71,056 18,570 134% 10,000 25,254 5,812 253% DNR PILT NAP/NRCA 0 0% 900 (915) 0 -102% DNR OTHER TRUST 2 50 (955) 0 -1910% 50 28 0 56% OTHER INT-DNR INTEREST 50 89 8 178% 10 54 2 540% RENTS&LEASES/DNR OTHR TRST 1 2,500 52,776 4,768 2111% 2,500 2,783 318 111% SPACE AND FACILITIES LEASES 4,500 - 0 0% 80,356 7,144 0% Grand Total $26,348,450 $25,291,684 2,110,167 t 96% $26,206,041 $28,409,502 2,128,992 108% Unaudited *Benchmark for Month is 91.67% 4 NO Y#E DER MASON COUNTY MONTHLY FINANCIAL x y REPORT 2021 2020 vs 2021 Current Expense Expenditure Comparison Expenditures Expenditures Unexended 2020 Budget through End of Unexended %2020 2021 Budget through End of Budget %2021 Actual 0 if 2020 Department Name vs 2021 Month Budget Authority Month Authority WSU Extension 293,274 244,967 48,307 84% 319,520 260,046 59,474 81% 15,079 Assessor 1,433,285 1,176,066 257,219 82% 1,420,286 1,201,111 219,175 85% 25,046 Auditor 1,738,549 1,618,349 120,200 93% 1,757,620 1,464,157 293,463 1 83% (154,192) Emergency Management 232,009 259,036 (27,027) 112% 313,592 261,756 51,836 83% 2,720 Facilities&Grounds 1,309,792 986,282 323,510 75% 1,383,584 1,083,852 299,732 78% 97,570 HR/Risk Mngt 592,660 521,448 71,212 88% 608,086 498,297 109,789 82% (23,151) LEOFF 100,044 59,187 40,857 59% 100,044 59,753 40,291 60% 565 Clerk 1,037,808 960,229 77,579 93% 1,126,730 984,142 142,588 87% 23,913 Commissioners 348,669 312,658 36,011 90% 355,610 314,645 40,965 88% 1,987 Support Services 716,397 634,703 81,694 89% 750,933 684,706 66,227 91% 50,003 District Court 1,291,480 1,119,015 172,465 87/uo 1,376,288 1,197,690 178,598 87% 78,675 Community Development 2,458,927 2,018,682 440,245 82% 2,801,269 2,441,352 359,917 87% 422,670 Historical Preservation - 0% 16,000 5,850 10,150 37% 5,850 Parks&Trails 547,442 410,996 136,446 75% 568,121 544,845 23,276 96% 133,849 Juvenile Court Services 1,943,451 1,664,974 278,477 86% 2,009,280 1,666,163 343,117 83% 1,189 Prosecutor 1,668,998 1,323,644 345,355 79% 1,876,838 1,481,696 395,142 79% 158,053 Child Support Enforcement 210,658 169,138 41,520 80% 160,462 96,993 63,469 60% (72,146) Coroner 321,934 283,091 38,843 88% 345,276 319,774 25,502 93% 36,684 Sheriff 11,233,473 10,188,389 1,045,084 91% 12,395,735 10,832,231 1,563,504 87% 643,841 Traffic Policing 2,160,000 1,955,398 204,602 91% 2,160,000 1,840,290 319,710 85% (115,108) Courthouse Security 170,740 159,754 10,986 94% 259,587 223,459 36,128 86% 63,705 Indigent Defense 1,127,136 977,007 150,129 87% 1,280,757 1,108,179 172,578 87% 131,172 Superior Court 986,175 882,556 103,619 89% 1,081,638 961,775 119,863 89% 79,219 Family Court 2,500 1,070 1,430 43% 2,500 2,500 0% (1,070) Therapeutic Court 617,849 423,472 194,377 69% 724,863 506,685 218,178 70% 83,213 Murder Expenditures 50,000 950 49,050 2% 50,000 39,541 10,459 79% 38,591 Treasurer 823,053 708,556 114,497 86% 872,579 723,803 148,776 83% 15,247 Non Departmental 4,328,914 4,735,163 (406,249) 109% 4,889,779 4,758,069 131,710 97% 22,906 Motor Pool 37,438 35,060 2,378 94% 49,538 29,169 20,369 59% (5,891) Transfers Out to Other Funds 913,913 913,785 128 100% 91,339 91,319 20 100% (822,466) Totals $ 38,696,568 $ 34,743,625 $ 3,952,943 90% $ 41,147,854 $ 35,681,349 $ 5,466,505 57% 937,724 Unaudited•Benchmark Month is 9L67% J:\Financials\2021 Financials\2021 November Financial Report.xlsx 5 Six Year Specific Revenue Streams Comparison 11/30/2016 11/30/2017 11/30/2018 11/30/2019 11/30/2020 11/30/2021 Community Development Revenues 1,762,640 1,508,285 1,681,142 1,888,137 2,024,088 2,816,027 Detention &Correction Services 161,486 33,439 83,355 147,020 104,727 109,850 Current Expense Property Taxes 10,900,241 9,511,831 9,654,685 9,914,688 10,024,023 11,161,701 Road Diversion Property Tax 1,188,293 1,484,635 2,129,686 2,144,878 2,145,936 1,084,790 County Road Property Tax 6,533,766 8,106,616 8,484,647 8,764,928 8,950,106 9,069,135 Current Expense Sales Tax 4,324,280 4,540,123 4,982,400 5,563,585 6,231,095 7,676,669 Criminal Justice Taxes/Entitlements 1,242,156 1,267,845 1,383,328 1,492,077 1,591,489 1,755,403 Rural Sales & Use Tax Fund 554,119 589,133 645,513 751,532 796,966 940,219 1,000,000 750,000 5. .o 250,000 Corn Srvcs-Homelessess Preven Filings 364,433 407,474 527,801 649,387 775,402 905,442 1,000,000 750,000 f� 500,000 250,000 Lodging (Hotel/Motel)Tax 351,857 369,930 446,025 526,591 471,304 810,465 900,000 600,000 300,000 i REET 1 Excise Tax Only 586,002 824,493 948,179 950,508 1,343,874 1,985,200 REET 2 Excise Tax Only 586,002 824,493 948,179 950,508 1,343,874 1,985,200 2,000,000 ,,500,000 ,.00a.000 __ . __ .. soo,000 J:\Financials\2021 Financials\2021 November Financial Report.xlsx 6 co NOV#--AMBER MASON COUNTY MONTHLY IXSJ Y FINANCIAL REPORT 2021 REVENUE MONTH 12020 REVENUE 2021 REVENUE T DIFFERENCE JANUARY $ 455,733.71 $ 571,994.75 $ 116,261.04 FEBRUARY $ 590,257.14 $ 705,713.58 $ 115,456.44 MARCH $ 449,177.66 $ 554,356.28 $ 105,178.62 APRIL $ 427,572.82 $ 561,429.19 $ 133,856.37 MAY $ 487,803.83 $ 740,012.36 $ 252,208.53 JUNE $ 460,999.44 $ 724,550.39 $ 263,550.95 J U LY $ 628,587.98 $ 754,454.16 $ 125,866.18 AUGUST $ 702,582.07 $ 800,707.00 $ 98,124.93 SEPTEMBER $ 671,554.81 $ 772,689.33 $ 101,134.52 OCTOBER $ 653,529.82 $ 741,525.90 $ 87,996.08 NOVEMBER $ 703,295.80 $ 749,235.68 $ 45,939.88 DECEMBER $ 652,599.03 $ (652,599.03) TOTAL COLLECTED REVENUE $ 6,883,694.11 $ 7,676,668.62 PROJECTED END OF YEAR REVENUE REVENUE BUDGETED $ 6,000,000.00 $ 6,250,000.00 $ 8,250,309.80 YET TO BE COLLECTED $ 1,426,668.62 ANTICIPATED INCREASE $ 1,398,559.60 12 MONTH ROLLING AVERAGE CHANGE 20.3/0 0 PRIOR MONTH 12 MO..ROLLING AVG CHANGE „ J:\Financials\2021 Financials\2021 November Financial Report.xlsx 7 N Cot, F /XSJ y NOVEMBER 2021 Six Year Financial Recap Current Expense Recap 11/30/2016 11/30/2017 11/30/2018 11/30/2019 11/30/2020 11/30/2021 Account Receivable from Belfair Sewer 1,200,000 General Fund Operating Reserves 6,520,791 6,817,603 Contingency Reserve 1,000,000 1,000,000 Technology Replacement Reserves 200,000 200,000 Equipment&Vehicle Replacement Reserves 525,000 525,000 Accrued Leave Reserve 520,000 530,805 Current Expense Unreserved Cash 3,979,167 6,459,196 This Month Current Expense Cash 6,684,317 4,949,942 8,698,604 12,744,958 15,532,604 21,944,960 Adopted Budget on December 31st 40,787,973 38,545,163 36,930,990 41,404,349 49,581,229 53,464,511 Supplemental Appropriations 864,056 1,136,040 1,059,364 263,253 407,320 142,422 Total Budget including Supplementals 41,652,029 39,681,203 37,990,354 41,667,602 49,988,549 53,606,933 Budgeted Beginning Fund Balance 8,019,728 7,309,944 3,061,750 5,786,719 11,636,958 14,000,000 Budgeted Ending Fund Balance 3,219,132 4,522,364 5,185,957 5,185,957 11,291,981 12,459,079 Revenue Budgets 33,632,301 32,371,259 34,928,604 35,880,883 38,351,591 39,606,933 Revenues thru This Month of each year 30,521,581 31,081,433 33,966,218 36,106,242 36,611,171 41,228,818 Budgeted Revenues Received 91% 96% 97% 101% 95% 104% Expenditure Budgets 38,534,111 35,194,527 34,652,959 36,481,645 38,696,568 41,147,854 Expenditures thru This Month of each year 30,987,235 29,709,645 29,463,512 30,629,259 34,743,625 35,681,349 Budgeted Expenditures Expended 80% 84% 85% 84% 90% 870/. 8 J:\Financials\2021 Financials\2021 November Financial Report.xlsx Special Fund Cash Balances 11/30/2016 11/30/2017 11/30/2018 11/30/2019 11/30/2020 11/30/2021 Rural County Sales&Use Tax Fund (.09) 567,243 448,979 629,057 805,768 1,037,302 1,288,061 Auditor's O&M 214,961 251,833 285,320 281,094 324,559 426,590 County Roads Fund 11,681,062 10,431,935 11,643,424 11,578,680 12,861,431 14,064,352 Paths&Trails 231,342 244,179 257,632 269,456 279,273 287,723 Election Equipment Holding 255,432 271,254 158,502 162,003 227,698 248,149 Crime Victims 216,216 237,823 200,703 210,397 207,649 216,535 Victim Witness Activities 91,377 32,529 24,415 27,856 27,124 20,076 Historical Preservation Fund 37,690 37,756 44,706 27,791 41,717 Community Support Services Fund 390,442 496,329 699,720 762,885 896,053 1,297,246 Abatement/Repair/Demolition Fund 266,376 269,239 273,294 277,808 278,715 277,721 Reserve for Technology Fund 105,471 166,133 120,697 70,483 REET&Property Tax Admin Asst 70,689 82,279 76,890 78,815 75,134 87,259 National Forest Safety 69,700 39,465 47,726 26,572 18,628 6,032 Trial Court Improvement Fund 68,819 81,409 106,225 111,561 131,398 92,344 Sheriff Special Funds 263,833 255,851 256,893 231,490 Sheriff's Boating Program 109,835 155,756 Narcotics Investigation 86,341 98,217 Public Health Fund 109,954 229,292 132,271 255,148 912,035 1,469,738 American Rescue Plan Act 5,571,298 Law Library 84,331 79,277 77,127 73,455 58,605 49,533 Lodging(Motel/Hotel)Tax Fund 361,475 409,147 561,045 797,519 823,938 1,177,634 Mental Health Tax Fund 1,486,619 1,341,224 1,542,626 1,458,356 1,537,987 1,771,396 Treasurer's M&O Fund 93,589 92,352 49,801 68,838 99,594 68,532 Veterans Assistance 232,605 216,109 98,635 73,707 110,775 167,685 Skokomish Flood Zone 200,235 153,064 80,797 16,562 78,153 15,472 Mason Lake Management District 98,512 113,728 140,167 115,523 73,486 69,702 Spencer Lake Management District 6,683 7,127 Island Lake Management District 17,568 16,821 19,890 29,610 30,118 29,040 Capital Improvement/Reet 1 Fund 863,660 1,406,098 1,956,768 2,154,792 1,477,810 1,974,837 Capital Improvement/Reet 2 Fund 2,464,971 2,094,075 2,329,422 2,737,696 3,559,408 4,549,752 Mason County Landfill 874,567 762,527 578,098 633,814 1,195,798 2,099,267 N. Bay/Case Inlet Utility 835,246 855,316 962,541 986,660 1,595,043 1,774,582 N. Bay/Case Inlet Utility Reserve 717 722 732 Wastewater System Development 3,986 3,986 3,986 3,986 3,986 Rustlewood Sewer&Water 57,844 353,586 402,546 164,025 66,362 157,087 Beards Cove Water 268,992 356,426 425,631 473,406 548,106 605,429 Belfair WW&Water Reclamation 627,242 403,034 460,965 686,118 414,510 848,914 Reserve Landfill 509,939 514,020 487,150 467,181 446,144 443,490 Reserve Beards Cove Ulid 326,676 340,156 356,696 199,632 207,585 214,309 Storm Drain System Development 137,294 26,798 195,678 181,567 179,817 178,847 Information Technology 270,911 11,684 181,317 157,220 30,559 382,860 Equipment Rental&Revolving Fund 1,888,892 3,482,760 2,820,094 3,199,356 1,891,057 1,156,847 Unemployment Fund 162,807 151,699 170,533 155,910 180,448 196,266 TOTALS $26,509,286 $26,760,894 $28,859,718 $30,012,739 $32,130,865 $43,545,703 inanaa s inancia s ovem er 1-inancial Keport.x1sx MONTHLY FINANCIAL N®VBER - REPORT 2021 /XSJ 2021 Current Expense and Health Fund Motor Pool Budget to Actual Expenditures FUND OR DEPARTMENT ORIGINAL REVISED YTD MP AVAILABLE % USED APPROP BUDGET EXPENDED BUDGET ASSESSOR 34,908 34,908 30,939 31969 88.63% EMERGENCY MANAGEMENT 0 0 270 -270 0% FACILITIES&GROUNDS 10,377 21,307 19,080 2,227 89.55% COMMUNITY SERVICES 46,151 46,151 41,980 4,171 90.96% PARKS &TRAILS 3,555 8,055 9,803 -11748 121.71% JUVENILE COURT SERVICES 8,480 8,480 6,318 2,162 74.50% PROSECUTOR 6,646 6,646 5,878 768 88.45% CORONER 25,717 25,7171 34,458 -8,741 133.99% SHERIFF ADMIN 1,078,726 1,078,726 1,034,333 44,393 95.88% MOTOR POOL 55,968 49,538 29,169 20,369 58.88% Total 001 GENERAL FUND 1,270,528 1,279,528 1,212,228 67,300 94.74% SHERIFF'S BOATING PROGRAM 1 1,233 -11233 0% COMMUNITY SERVICES HEALTH 59,360 59,360 47,203 12,157 79.52% TOTAL SPECIAL FUNDS 59,360 59,360 48,436 10,91241 81.60% Total GENERAL FUND&SPECIAL FUNDS 1,329,888 1,338,888 1,260,664 78,2241 94.16% TOTAL MOTOR POOL EXPENDITURES BY ORIGINAL REVISED YTD MP AVAILABLE %OF TOTAL OBJECT CODE APPROP BUDGET EXPENDED BUDGET MOTOR POOL SALARIES & BENEFITS 38,672 38,672 28,137 10,535 72.76% MOTOR POOL SUPPLIES 10,300 10,300 73,689 -63,389 715.43% MOTOR POOL FUEL 216,250 225,250 243,163 -17,913 107.95% MOTOR POOL LEASE 100 100 409,013 -408,913 409013.23% MOTOR POOL MAINT-MONTHLY 6,234 6,234 19,328 -13,094 310.04% MOTOR POOL REPAIRS 79,836 79,836 47,569 32,267 59.58% MOTOR POOL INSURANCE 45,719 45,719 7,811 37,908 17.08% MOTOR POOL CAPITAL LEASE 559,158 559,158 14,104 545,054 2.52% MOTOR POOL CAP UPFIT 1 373,619 373,619 417,851 -44,232 111.841a Total GENERAL FUND&HEALTH FUND 1 1,329,888 1,338,8881 1,260,6641 78,2241 94.16% Unaudited *Benchmark for month is 91.67% 10 MASON COUNTY MONTHLY FINANCIAL REPORT NOVEMBER 2021 2020 vs 2021 Special and Other Funds Revenue Comparison Revenue Revenue Fund et Collected Uncollected /0 2020 2021 Bud et Collected Uncollected %2021 Actual dif 2020 Fund Name 2020 Budget g Through End Revenue o g Through End Revenue vs 2021 of Month of Month 103 Sales&Use Tax 703,500 801,964 98,464 114% 728,500 941,202 212,702 129% 139,238 104 Auditor's O&M 118,500 133,765 15,265 113% 127,500 170,927 43,427 134% 37,162 105 County Road 15,862,898 12,948,807 (2,914,091) 82% 17,402,782 15,541,670 (1,861,112) 89% 2,592,863 106 Paths&Trails 12,695 10,274 (2,421) 81% 12,695 9,675 (3,020) 76% (599) 109 Election Equipment Holdings 38,500 67,502 29,002 175% 65,850 22,383 (43,467) 34% (45,118) 110 Crime Victims 41,910 74,079 32,169 177% 41,910 87,573 45,663 209% 13,494 114 Victim Witness Activities 55,683 50,369 (5,314) 90% 55,683 1,608 (54,075) 3% (48,761) 116 Historical Preservation 16,000 21,886 5,886 137% - 0% (21,886) 117 Community Support Services 2,002,005 2,225,399 223,394 111% 4,695,483 5,340,121 644,638 114% 3,114,722 118 Abatement 8,100 2,013 (6,087) 25% 7,920 353 (7,567) 4% (1,660) 120 REET&Property Tax Admin 20,800 21,824 1,024 105% 20,250 24,766 4,516 122% 2,942 134 National Forest Safety 23,092 21,466 (1,626) 93% 21,457 20,996 (461) 98% (470) 135 Trial Court Improvements 22,800 22,672 (128) 99% 22,672 22,652 (20) 100% (20) 140 Sheriff Special Funds 102,200 - (102,200) 0% - - 0% - 141 Sheriff's Boating Program 208,947 141,468 (67,479) 68% 38,979 77,055 38,076 198% (64,413) 142 Narcotics Investigation Fund 96,797 92,304 (4,493) 95% 7,500 13,300 1 5,800 177% (79,004) 150 Community Services Health 2,238,822 2,816,513 577,691 126% 2,644,630 4,215,742 1 1,571,112 159% 1,399,229 155 jAmerican Rescue Plan Act - - 0% 6,484,451 6,486,494 2,044 100% 6,486,494 160 Law Library 25,373 17,067 (8,306) 67% 24,900 21,488 (3,412) 86% 4,421 163 Lodging Tax(Hotel/Motel) 392,000 472,207 80,207 120% 392,000 810,588 418,588 207% 338,381 164 Mental Health 1,224,328 1,331,423 107,095 109% 1,231,968 1,380,031 148,063 112% 48,607 180 Treasurer's M&O Fund 195,025 196,932 1,907 101% 199,210 141,979 (57,231) 71% (54,953) 190 Veterans Assistance 145,060 142,868 (2,192) 98% 140,060 150,708 10,648 108% 7,839 192 ISkokornish Flood Zone 80,500 87,385 6,885 109% 20,500 1,212 (19,288) 6% (86,173) 194 Mason Lake Mngmt Dist#2 36,000 36,831 831 102% 36,500 35,872 (628) 98% (959) 195 Spencer Lake Mngmt Dist#3 14,500 15,421 921 106% 14,500 14,736 236 102% 1 (686) 199 Island Lake Mngmt Dist#1 10,000 10,092 92 101% 10,000 9,975 (25) 100% (117) 350 REET 1 Capital Improvements 1,220,000 1,474,779 254,779 121% 1,220,000 1,988,578 768,578 163% 513,798 351 REET 2 Capital Improvements 1,535,000 1,746,822 211,822 114% 1,210,000 2,199,730 989,730 182% 452,908 402 Mason County Landfill 4,209,280 4,637,028 427,748 110% 4,694,521 5,208,141 513,620 111% 571,113 403 N.Bay/Case Inlet Utility 1,835,584 2,050,239 214,655 112% 2,197,857 2,007,725 (190,132) 91% (42,514) 404 N.Bay/Case Inlet Utility Res 1 - (1) 0% - - 0% - 411 Rustlewood Sewer&Water 320,200 222,048 (98,152) 69% 376,725 365,308 (11,417) 97% 143,260 412 Beards Cove Water 227,560 205,528 (22,032) 90% 232,793 201,625 (31,168) 87% (3,903) 413 Belfair WW&Water Reclamation 4,294,500 1,799,545 (2,494,955) 42% 7,475,158 5,756,133 (1,719,025) 77% 3,956,588 428 Reserve Landfill 6,000 3,280 (2,720) 55% 6,000 435 (5,565) 7% (2,844) 429 Reserve Beards Cove ULID 11,500 10,642 (858) 93% 11,500 9,952 (1,548) 87% (690) 480 Storm Drain System Development 500 - (500) 0% 500 - (500) 0% - 500 Information Technology Dept 751,746 751,305 1 (441) 100% 1 962,574 962,574 - 100% 1 211,269 501 Equipment Rental&Revolving 1 3,520,491 1,253,268 (2,267,223) 36% 4,272,791 215,235 (4,057,556) 5% (1,038,033) 502 Unemployment Fund "73,150 73,073 (77) 100% 73,805 733 906 101 100% 833 Totals $ 35,990,086 $ (5,711,461) 86% $ 57,162,124 $ 54,532,445 $ (2,ea,679)1 95% 1 18,642,358 J:\Financials\2021 Financials\2021 November Financial Report.xlsx 11 MASON COUNTY MONTHLY FINANCIAL REPORT NOVt BER 2021 2020 vs 2021 Special and Other Funds Expenditure Comparison Fund Expenditures Expenditures Actual dif 2020 No. Fund Name 2020 Budget through End of Unexpended %2020 2021 Budget through End of Unexpended %2021 vs 2021 Month Budget Authority Month Budget Authority 103 Sales&Use Tax 639,379 505,021 134,358 79% 663,051 639,796 23,255 96% 134,774 104 Auditor's 0&M 138,104 91,722 46,382 66% 88,667 72,535 16,132 82% (19,187) 105 County Road 20,704,939 11,340,996 9,363,943 55% 21,570,530 12,509,386 9,061,144 58% 1,168,390 106 Paths&Trails 1,903 1,796 107 94% 2,238 2,058 180 92% 263 109 1 Election Equipment Holdings 30,615 2,050 28,565 7% 52,040 1,926 50,114 4% (124) 110 Crime Victims 93,234 75,674 17,560 81% 98,649 76,899 21,750 78% 1,225 114 Victim Witness Activities 60,234 47,020 13,214 78% 63,345 5,671 57,674 9% (41,350) 116 Historical Preservation 15,753 9,655 6,098 61% 60,000 48,147 11,853 80% 38,492 117 Community Support Services 2,309,031 2,024,734 284,297 88% 4,807,444 1 5,088,477 (281,033) 106% 3,063,743 118 Abatement 54,518 1,562 52,956 3% 54,336 1 1,305 53,031 2% (257) 120 REET&Property Tax Admin 64,283 18,950 45,333 29% 64,672 14,809 49,863 23% (4,141) 134 National Forest Safety 88,092 28,043 60,049 32% 41,457 30,994 10,463 75% 2,951 135 Trial Court Improvements 50,650 2,835 47,815 6% 51,380 1,822 49,558 4% (1,012) 140 Sheriff Special Funds 597,682 247,346 350,336 41% - - 0% (247,346) 141 Sheriff's Boating Program 38,187 31,668 6,519 83% 38,890 40,001 (1,111) 103% 8,334 142 Narcotics Investigation Fund 6,043 5,983 60 99% 8,204 6,032 2,172 74% 49 150 Community Services Health 2,306,857 2,249,214 57,643 98% 3,060,733 2,795,537 265,196 91% 546,323 155 American Rescue Plan Act - - 0% 6,484,451 916,852 5,567,599 14% 916,852 160 Law Library 36,365 29,813 6,552 82% 36,272 30,077 6,195 83% 263 163 Lodging Tax(Hotel/Motel) 637,791 381,380 256,411 60% 762,548 399,231 363,317 52% 17,851 164 Mental Health 1,439,941 964,474 475,467 67% 1,S00,623 1,004,934 49S,689 67% 40,460 180 Treasurer's M&O Fund 269,649 192,618 77,031 71% 293,195 168,244 124,951 57% (24,374) 190 Veterans Assistance 187,060 95,944 91,116 51% 191,422 82,631 108,791 43% (13,313) 192 Skokomish Flood Zone 108,543 31,201 77,342 29% 53,319 9,872 43,447 19% (21,330) 194 Mason Lake Mngmt Dist#2 129,000 75,389 53,611 58% 145,500 39,816 105,684 27% (35,573) 19S Spencer Lake Mngmt Dist#3 14,500 8,738 5,762 60% 19,650 14,402 5,248 73% 5,664 199 Island Lake Mngmt Dist#1 29,000 9,629 19,371 33% 40,650 11,203 29,447 28% 1,574 350 REET 1 Capital Improvements 2,304,898 2,193,151 111,747 95% 2,912,161 2,298,919 613,242 79% 105,768 351 REET 2 Capital Improvements 2,687,427 1,012,948 1,674,479 38% 2,090,995 848,872 1,242,123 41% (164,076) 402 Mason County Landfill 4,333,969 4,084,699 249,270 94% 4,876,235 4,514,444 361,791 93% 429,745 403 N.Bay/Case Inlet Utility 2,124,568 1,480,618 643,950 70% 2,217,382 1,657,343 560,039 75% 176,725 404 N.Bay/Case Inlet Utility Res 654 - 654 0% - - 0% - 405 Wastewater System Development - - 0% 3,986 3,986 (0) 100% 3,986 411 Rustlewood Sewer&Water 459,233 326,101 133,132 71% 482,065 284,747 1 197,318 59% (41,354) 412 Beards Cove Water 216,877 129,693 87,184 60% 218,444 141,351 77,093 65% 11,657 413 Belfair WW&Water Reclamation 4,166,524 1,733,781 2,432,743 42% 7,768,406 5,316,858 2,451,548 68% 3,583,077 428 Reserve Landfill 26,168 18,850 7,318 72% 301,780 1,780 300,000 1% (17,070) 429 Reserve Beards Cove ULID 3,754 3,754 100% 4,286 4,286 - 100% 532 480 Storm Drain System Development 1,850 1,786 64 97% 1,029 924 105 90% (862) 500 Information Technology Dept 999,366 899,999 99,367 90% 961,722 785,984 175,738 82% (114,014) 501 Equipment Rental&Revolving 4,128,801 2,583,334 1,545,467 63% 5,219,823 3,241,876 1 1,977,947 62% 658,542 502 Unemployment Fund 242,484 48,581 193,903 20% 230,005 58,029 171,976 25% 9,447 Totals $51,747,926 $32,990,751 $ 18,757,175 64% $67,541,585 $43,172,056 $ 24,369,529 64% 10,181,305 J:\Financials\2021 Financials\2021 November Financial Report.xlsx 12 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services EXT: 747 BRIEFING DATE: December 13, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Appointment of acting official for Coroner 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 a letter has been sent to the Democratic party requesting three nominations be submitted for the Commissioners' consideration. The nominations will not be submitted until mid-January. Pursuant to RCW 36.16.115 Vacancy in partisan elective office—Appointment of acting official. Where a vacancy occurs in any partisan county elective office, other than a member of the county legislative authority, the county legislative authority may appoint an employee that was serving as a deputy or assistant in such office at the time the vacancy occurred as an acting official to perform all necessary duties to continue normal office operations. The acting official will serve until a successor is either elected or appointed as required by law. This section does not apply to any vacancy occurring in a charter county which has charter provisions inconsistent with this section. Coroner Stockwell is recommending Deputy Coroner Jaime Taylor be in charge of the Coroner's office until the appointment to fill this position has been made. Jaime intends to apply for the position to finish the unexpired term as well as run for the position in the 2022 election. BUDGET IMPACTS: Jamie would be paid at the Coroner's salary effective 1/1/22 RECOMMENDED OR REQUESTED ACTION: On the December 21 agenda, place appointment of Jaime Taylor as acting Coroner effective 1/1/22 until a replacement Coroner has been appointed. Briefing Summary 12/6/2021 BOARDS, COUNCILS, AND COMMISSIONS 2021 The County Commissioners represent Mason County by serving on a variety of boards,councils,and commissions as noted below. Randy Neatherlin (Commissioner District#1) Board of County Commissioners, Chair Mason County Law Library Mason County Finance Committee Canvassing Board Economic Development Council Board (Meets 2nd Thursday of each month;7:45-9:00 am at PUD auditorium-426-2276) North Mason Chamber of Commerce Board of Directors Mason County Audit Committee(Established by Resolution 77-16) Mason County Law Enforcement Officers/Fire Fighters (LEOFF) Board (meet 111 Tuesday,8 a.m.in Commission Chambers) Mason County Voting Accessibility Advisory Committee (VAAC) (meets when necessary)RCW 29A.46.260(2) Olympic Region Clean Air Agency(ORCAA)—Member(Meets 2nd Wednesday of each month from 10-12 noon approx.) Address: 2940B Limited Lane NW Olympia 586-1044) Peninsula Regional Transportation Planning Organization (PRTPO) Shelton Memorial Park Board of Directors—(Cemetery) (meet as necessary) Washington Counties Risk Pool—Board of Directors Member West Sound Alliance Steering Committee-Pamela Browning is contact,360-377-4900 Kevin Shutty(Commissioner District#2) Board of County Commissioners, Vice-Chair Alliance for a Healthy South Sound (AHSS) Executive Committee — (Andy Chinn is contact, 206-550-5568, meet as necessary. Website is Healthysouthsound.com) Criminal Justice Working Team (meets 3rd Wednesday, 7:30 a.m. in Commission Chambers) MACECOM (meet 2nd Tuesday,3 p.m. @ City of Shelton) Olympic Region Clean Air Agency (ORCAA) - Alternate Member (Meets 2nd Wednesday of each month from 10-12 noon approx Address: 29408 Limited Lane NW Olympia 586-1044) Peninsula Regional Transportation Planning Organization (PRTPO) -Alternate Thurston Mason Behavioral Health Organization (TMBHO) (Meet 3i'Thursday, 1 p.m.,Thurston Cnty Courthouse) Washington Counties Risk Pool—Board of Directors Alternate Member Building Code Council (SBCC)-Member, Appointed by Governor Jay Inslee(2018-2021) Transmission Corridor Working Group (appt. July 2021) Sharon Trask (Commissioner District#3) Community Action Council Board of Directors (Meet at 420 Golf club Rd SE,Lacey) Courthouse Security Committee Lewis-Mason-Thurston Area Agency on Aging Council of Governments (COG) (Meets 4'" Thursday of each month at 2 p.m.Address: 2404 Heritage Court SW,Suite A(first floor),Olympia,WA 98502 Mason County Lodging Tax Advisory Committee—Chair(meets when necessary) Memorial Hall Committee-Chair(meets last Wednesday every other month) Oakland Bay Clean Water Committee Pacific Mountain Workforce Development Council (PacMtn) WSAC Legislative Steering Committee (LSC) Washington Counties Risk Pool— Board of Directors Alternate WA Association of Counties Board of Directors (WSAC) ALL COMMISSIONERS Mason County Commissioners Mason County Board of Health Mason Transit Authority Mason County Elections Canvassing Board Hood Canal Coordinating Council (All Commissioners sit on HCCC, Mason County has 1 vote, Cmmr. Shutty is voting member- membership is designated by Resolution 97-19) Oakland Bay Clean Water District Board of Directors JABOARDS\Commissioner Boards 2021 with mtg times.doc December 7,2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Wes Stockwell/Jaime Taylor Department: Coroner Ext: 752 Briefing Date: December 13, 2021 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Item: Amendment to Interlocal Agreement for Pathology Services between Kitsap County and Mason County. Executive Summary: (If applicable, please include available options and potential solutions): Mason County contracts with Kitsap County for all pathology services (autopsies, imaging, toxicology, etc.). This amendment increases the compensation amount from $82,500 to $87,000 per year to be paid monthly in the amount of $7,250. Budget Impact: Increase of $4,500. Public Outreach:(include any legal requirements, direct notice, website, community meetings, etc.) None. Recommended or Requested Action: Move the Amendment to Interlocal Agreement for Pathology Services between Kitsap County and Mason County to the December 21, 2021 Commission meeting. Attachments: Interlocal Agreement with Kitsap County # KC-327-19-B Briefing Summary 12/1/2021 KC-327-19-B SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES BETWEEN KITSAP COUNTY AND MASON COUNTY This FIRST AMENDMENT ("Amendment")to the Interlocal Agreement for KC-327-19 is made by and between Kitsap County, through the Kitsap County Coroner's Office, ("Kitsap") and Mason County ("Mason"), both political subdivisions of Washington State. On January 13, 2020 the parties entered into an Interlocal Agreement for Pathlogy Services Contract No. KC-327-19, which was amended by KC 327-19A (collectively "Agreement"). AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the mutual promises and covenants, the parties agree as follows. 1. Attachment B (Compensation. Attachment B to the Agreement is amended and replaced with the following: Mason County agrees to pay Kitsap County an annual amount of$ 87,000 per year to be paid monthly in the amount of $7,250 for the pathology Services provided by Kitsap County as identified in Attachment A. The annual amount is based on historical data provided by Mason County which may be adjusted during the calendar year to reflect an increase in the number of autopsies requested by Mason County. Excluded and additional fees shall be invoiced as a separate amount and are not included in the annual compensation. 2. Effective Date. This Amendment shall be effective on January 1, 2022. 3. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and conditions of the original Agreement, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect. 4. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitution one and the same agreement. 5. Authorizations. The signatories to this Amendment represent that they have been appropriately authorized to enter into this Amendment on behalf of the party for whom they sign, and that no further action or approvals are necessary before execution of this Amendment. Page 1 of 1 Dated this_day of 2021 Dated this_day of , 2021 MASON COUNTY KITSAP COUNTY WES STOCKWELL, CORONER JEFFREY WALLIS, CORONER Dated this_day of 2021 Dated this_day of , 2021 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON RANDY NEATHERLIN, Chair ROBERT GELDER, Chair KEVIN SHUTTY, Vice Chair EDWARD E. WOLFE, Commissioner SHARON TRASK, Commissioner CHARLOTTE GARRIDO, Commissioner ATTEST: ATTEST: Mckenzie Smith, Clerk of the Board Dana Daniels, Clerk of the Board Page 1 of 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kevin Hanson DEPARTMENT: Mason County Jail EXT: 369 BRIEFING DATE: 12/13/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Corrections Hiring and staffing crisis EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): As briefed in August 2021, the Corrections division of the Sheriff's Office is still struggling to fill vacant Corrections positions. The August briefing included a proposal to activate a hiring incentive. Since then, the eligibility list expanded slightly but is now back to exhaustion. We have 27 funded Corrections Deputy positions with one additional position approved, but not funded, by the BOCC for staffing transportation to the Olson's building when it's complete. We currently have 8 vacant positions, which is nearly 1/3 of the employees required to staff the facility. Overtime is rampant and hard to fill because people are getting tired of working. I have adjusted Two of our Community Service Officers (CSO), who are assigned to Alternative Sentencing, to work into the early evening hours. They staff the Control room, 7 days per week from 1800-2200 as part of minimum staffing. The Control room responsibilities are normally part of the Commissioned Corrections Deputy duties, but the CSO job description allows for Control Room operations. The CSO's are non-commissioned positions, meaning we can fill them with civilians. They are covered by Civil Service as well as the Woodworkers labor union. They are not required to be academy trained or certified by the Washington State Criminal Justice Training Commission. That means their training time will be significantly less than a Commissioned Corrections Deputy, allowing us to get people working independently faster than usual. With that being said, I would like to hire two additional Community Service Officers and assign them to work the Control Room as part of minimum staffing. By hiring the CSO's, I would be guaranteed an additional hiring list from the Civil Service. Based on the number of applicants for other Sheriff's Office non-commissioned positions, I feel like the position may be more attractive to a broader audience than those for Corrections Deputy. This would potentially get us more candidates to choose from. Briefing Summary 12/9/2021 This may also allow opportunity for people un-familiar with jail operations to essentially get corrections experience and potentially find opportunity to apply with us to become a Corrections Deputy. The Woodworkers union representative, Brad McQuade, has advised the union has no objection to this proposal. BUDGET IMPACT: We are asking the BOCC allow us to convert Two of the vacant Commissioned Corrections Deputy positions to Two Community Service Officers, both of which would be assigned to the Control Room. The annual budget impact, including wages and benefits would save the county roughly 20K annually. See the attached excel spreadsheet. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) N/A RECOMMENDED OR REQUESTED ACTION: We are asking the BOCC to allow conversion of Two funded Corrections Deputy positions to Two Community Service Officer positions. ATTACHMENTS: Position Costing CSO vs. CD 2021 Woodworkers Contract Briefmg Summary 12/9/2021 Position Costing - Corrections One-for-Two position trade Corrections Deputy CSO Annual Step Salary Benefits Total Salary Benefits Total Difference 1 $51,828 $ 30,183 $ 82,011 $73,426 $ 54,122 $ 127,548 $ (45,537) 2 $55,871 $ 31,018 $ 86,889 $77,404 $ 54,944 $ 132,348 $ (45,459) 3 $58,853 $ 31,633 $ 90,486 $81,320 $ 55,752 $ 137,072 $ (46,586) 4 $63,084 $ 32,509 $ 95,593 $85,272 $ 56,570 $ 141,842 $ (46,249) 5 $64,344 $ 32,768 $ 97,112 $89,352 $ 57,412 $ 146,764 $ (49,652) 6 $64,344 $ 32,768 $ 97,112 $93,420 $ 58,250 $ 151,670 $ (54,558) 7 $64,344 $ 32,768 $ 97,112 $97,710 $ 59,138 $ 156,848 $ (59,736) One-for-One position trade Corrections Deputy CSO Annual Step Salary Benefits Total Salary Benefits Total Difference 1 $51,828 $ 30,183 $ 82,011 $36,713 $ 27,061 $ 63,774 $ 18,237 2 $55,871 $ 31,018 $ 86,889 $38,702 $ 27,472 $ 66,174 $ 20,715 3 $58,853 $ 31,633 $ 90,486 $40,660 $ 27,876 $ 68,536 $ 21,950 4 $63,084 $ 32,509 $ 95,593 $42,636 $ 28,285 $ 70,921 $ 24,672 5 $64,344 $ 32,768 $ 97,112 $44,676 $ 28,706 $ 73,382 $ 23,730 6 $64,344 $ 32,768 $ 97,112 $46,710 $ 29,125 $ 75,835 $ 21,277 7 $64,344 $ 32,768 $ 97,112 $48,855 $ 29,569 $ 78,424 $ 18,688 Notes: 1 Based on 2019-2021 Woodworkers Contract 2 There are only five steps to the Corrections Deputy but there are seven steps for a CSO 3 Assumes 2021 benefit levels (L&I, FICA, Retirement, Medical, FMLA, Cleaning) C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Out]ook\3X95DHHX\Copy of Position Costing - Corrections MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Michael MacSems DEPARTMENT: DCD EXT: 571 BRIEFING DATE: December 13, 2022 ITEM: Briefing for announcement of the 2021 Mason County Heritage Grant cycle on 12/21/21. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) RCW 36.22.170 created a surcharge on documents recorded with the County Auditor, one dollar of which is dedicated for County historic preservation purposes. The Mason County Historic Preservation Commission wishes to channel some of these funds to organizations engaged in the collection, preservation and interpretation of Mason County's heritage. In pursuit of that goal, the Mason County established a Heritage Grant program in 2011 that now provides reimbursement grants for up to $1,500 for qualified projects and applicants. This is a reimbursement grant, so no public money is spent until contracted grant work is complete. January 2022 marks the County's 19th Heritage Grant cycle and now is the time to get the word out to the public. Budget Impacts: The MCHPC has budgeted $10,000 for the Heritage Grant program for FY 2022. Individual grant proposals up to $1,500 will be considered. RECOMMENDED OR REQUESTED ACTION: Staff reads the attached News Release at the December 21st 2021 BOCC meeting. Attachments: New Release Briefing Item Summary Form New Release 12 15 21 NEWS RELEASE December 21, 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: Mason County Heritage Grant Cycle The Mason County Commissioners and the Mason County Historic Preservation Commission are pleased to announce that applications are being accepted for the 2022 annual Mason County Heritage Grant cycle. On behalf of the Board of County Commissioners, the Mason County Historic Preservation Commission administers the Mason County Heritage Grant Program to assist projects that promote the public's access to County history. The program is funded with a portion of document recording fees collected by the Mason County Auditor. The allocation of these fees for projects that "promote historical preservation or historical programs, which may include preservation of historic documents" is authorized under RCW 36.22.170. The revenues accrue to a dedicated fund and may not be used for any purpose other than those stipulated in the statute. Grants in amounts up to $1,500 may be awarded to qualified organizations for professional development, public education, small capital projects, collections management, heritage investigations and historic preservation. This is a reimbursement grant. It is very important that organizations considering application for this grant read the grant guidelines and other details on the Mason County website: http://www.co.mason.wa.us/forms/historic/grant_guidelines.pdf Grant applications are available on The Mason County website: http://www.co.mason.wa.us/forms/historic/heritage-grant-application.pdf Proposals can be mailed to the Mason County Historic Preservation Commission, 615 W Alder Street, Shelton, WA. Applications may also be hand delivered to 615 W Alder Street, Shelton, WA 98584. All applications need to be received no later than 12:00 PM January 21, 2022. Questions should be directed Michael MacSems at 427-9670 ext. 571. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Sharon Trask Chair Commissioner Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 12/13/2021 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 ITEM: Chapter 6.32 Preliminary Platting Standards EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Chapter 6.32 addresses health requirements related to plats and subdivisions of property. The chapter ensures new lots are properly sized and divided to allow for proper sewage disposal and safe drinking water. This chapter was last amended in 1980 (40+ years). Staff has found a lack of information and alignment with current codes, regulations, and current policies. Staff would like to propose amendments to the chapter to align with current practices and state requirements. Staff will work with both commission and BOH. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice, website,community meetings, etc.) All proposed drafts and updates will be reviewed in public meetings. A public hearing would be held in accordance with Title 6. RECOMMENDED OR REQUESTED ACTION: General discussion, no formal actions at this time ATTACHMENTS: Current Chapter 6.32 Preliminary Platting Standards Briefing Summary 11/23/2021 Title 6-SANITARY CODE Chapter 6.32 PRELIMINARY PLATTING STANDARDS Chapter 6.32 PRELIMINARY PLATTING STANDARDS 6.32.010 Purpose. The purpose of this chapter is to: (a) Complement the Mason County platting ordinance; (b) Provide standards by which the county health office can evaluate preliminary plats,final plats and short plats; (c) Comply with WAC 248-96; and (d) Protect the public health. (Res. 1162 (part), 1980:Art.VIII (part)of Res.dated July, 1970 and amended November 5, 1970). 6.32.020 Definitions. (a) "On-site sewage disposal system" means any system of piping,treatment devices,or other facilities that convey,store,treat,or dispose of sewage on the property where it originates or on adjacent or nearby property under the control of the user where the system is not connected to a public sewer system. (b) "Public sewer system" means sewerage system which is owned or operated by a city,town, municipal corporation, county, political subdivision of the state,or other approved ownership consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal and under permit from the Department of Ecology. (c) "Public water supplies" means any system of water supply intended or used for human consumption or other domestic uses,including source,treatment,storage,transmission and distribution facilities where water is furnished to any community,collection or number of individuals,or is made available to the public for human consumption or domestic use, but excluding water supplies serving one single family residence. (d) "Secretary"means the secretary of the state department of Social and Health Services or his authorized representative. (e) "Subdivision"means a division of land,as defined in RCW Chapter 58.17, now or as hereafter amended. (f) "Surface water" means any body of water,whether fresh or marine,or watercourse,including lakes, impoundments and streams. (Res. 1162(part), 1980:Art.VIII § 1 of Res. dated July, 1970 and amended November 5, 1970). 6.32.030 Information required. (a) Preliminary Plat. (1) A topographical map shall be incorporated into the preliminary plat drawing showing contours as specified by the health officer but shall be at least five-foot contours to be extended at least one hundred feet beyond the boundaries of the proposed subdivision unless specifically waived by the health officer in coordination with the county planning director. Mason County,Washington,Code of Ordinances Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 1 of 5 (2) A minimum of one representative soil log and percolation test per acre or tract larger than one acre shall be submitted. (3) All surface water and wells located in or within one hundred feet of the subdivision shall be shown. (b) Final Plat. (1) Evidence shall be submitted that all requirements of preliminary plat approval have been met. (c) Short Plats. (1) A minimum of one representative soil log and percolation test per acre or per tract for tracts larger than one acre shall be submitted. (2) All surface water and wells located in or within one hundred feet of the subdivision shall be shown. (d) All percolation tests and soil logs shall be performed by or under the direct supervision of a registered sanitarian, professional engineer or approved designer. (e) If a sufficient amount of information is not available on water table conditions,the health officer can require that percolation tests and soil logs be conducted during the months of suspected high water table conditions. (f) All soil tests shall be conducted in accordance with the Department of Social and Health Service"Interim Soil Evaluation Guidelines,"except that all soil shall be to a point three feet below the bottom of proposed absorption trenches. (g) All soil log holes shall be made available for the health officer's inspection.The health officer shall be notified when the holes have been prepared and shall make the inspection within one week of such notification.The holes shall be closed within one week following the inspection. (h) When a sewage system utilized by two or more lots is proposed,the soil testing requirements shall be as required in Chapters 6.24 and 6.28 and WAC 248-96.The system shall be completed prior to recording of the subdivision or a performance bond or moneys on deposit shall be required in the same manner as required for water systems in subsections(d)and (e) of Section 6.32.060 except the estimates shall be submitted by a licensed professional engineer, licensed designer,or registered sanitarian. (Res. 1162(part), 1980:Art.VIII of Res. dated July, 1970 and amended November 5, 1970). 6.32.040 Filing fee schedule. (a) A plat with individual lot sewage systems or individual lot wells,or,with both installations on each lot shall submit a filing fee of one dollar per lot for each plat or subdivision of a plat submitted at the time of submitting the engineering report forms and maps.A minimum fee of twenty-five dollars shall be submitted for any one plat,additional division of a plat or replat with individual lot installations. (b) A plat to be served by a public sewage works and public water supply shall submit a minimum filing fee of twenty-five dollars for any one plat,additional subdivision. (c) A short plat fee of fifty dollars shall be required. (Res. 1162 (part), 1980:Art.VIII §3 of Res. dated July, 1970 and amended November 5, 1970). 6.32.050 Minimum lot size for subdivisions. One of the following methods shall be used for determining lot sizes when on-site sewage disposal is used: Created: 2021-10-20 09:04:40 [EST] (Supp.No.57,11-21,Update 1) Page 2 of 5 (a) Method(1). Table 1 Minimum Lot Sizes Water Supply 1 2 3 4 5 6 Public 1*acre 12,500 sq.ft. 15,000 sq.ft. 18,000 sq.ft. 20,000 sq.ft. - Individual 2*acre 1 acre 1 acre 1 acre 2 acre Each Lot Soil Type Soil Type Drainage Percolation Rate General Soil Classification 1 Excessive Less than 1 Gravel,coarse sand, minutes/inch cobbles 2 Good 1-4 minutes/inch Sandy soil,some loam, some gravel 3 Fair 5-9 minutes/inch Finer sand and/or silt, few gravels 4 Poor 10-19 minutes/inch Mostly silt or clay some sand and shot clay 5 Marginal 20-29 minutes/inch Silt or clay 6 Unacceptable Over 30 minutes/inch Gumbo, rock, hardpan, clay pan * Lot sizes for soil type 1 can be reduced by the health officer if engineering justification can be provided that shows significant adverse effects on groundwater quality will not occur; however,in no case shall the reduced size be less than that for soil type 2. ** The requirements for percolation tests may be waived by the health officer if existing soils information,such as soil logs,soil maps and Soil Conservation Service data is sufficient to accurately classify soils. Method 1 shall not be used in subdivisions with less than four feet of permeable soil or greater than fifteen percent slope. (b) Method (2).On-site sewage disposal systems shall be installed on lots, parcels,or tracts that have a sufficient amount of area with proper soils to adequately retain and treat sewage on-site,taking into consideration those factors outlined in subsection (3)of this section,then minimum lot size will be established by the health officer on the basis of information submitted. Factors that must be considered when determining minimum lot size include but are not limited to the following: (1) Soil type and depth; (2) Area drainage, lot drainage; (3) Protection of surface and ground waters; (4) Setbacks from property lines,water supplies,etc.; (5) Source of domestic water; Created: 2021-10-20 09:04:40 [EST] (Supp.No.57,11-21,Update 1) Page 3 of 5 (6) Topography,geology and groundcover; (7) Climatic conditions; (8) Availability of public sewers; (9) Activity or land use, present and anticipated; (10) Growth patterns; (11) Individual and accumulated gross effects on water quality; (12) Reserve areas for additional subsurface disposal; (13) Anticipated sewage volume. (c) Method (3). If the lot or lots are within the jurisdiction of an approved sewer utility which will provide maintenance and operation responsibility and replacement of systems as necessary,then minimum lot sizes shall be established jointly between the sewer utility,the local health, planning,established county public works departments, and other applicable local agencies. (Res. 1162(part), 1980:Art.VIII §4 of Res.dated July, 1970 and amended November 5, 1970). 6.32.060 Public water supply. This section applies to proposed plats or short plats that require public water supplies as determined in Section 6.32.050. (a) All public water supply systems shall comply with WAC 248.54. (b) All potable water sources shall be developed,tested for quality and quantity,and available to the plat or short plat prior to the approval and filing of the plat or short plat. (c) All public water supply systems shall be installed or bonded for completion prior to the approval and filing of the plat or short plat. (d) A performance bond shall be provided in favor of the county health department as an alternate to complete installation of a public water supply prior to approval and filing of the final plat or issue of the site approval for short plat.Any such bond shall guarantee that construction will be completed within one year of final plat approval.The bond shall be from a reputable bonding company,on a satisfactory form and in an amount based on an estimate prepared by a licensed professional engineer for class 1, 2, and 3 water systems and by the installer for class 4 water systems plus thirty-five percent.All of the above shall be to the satisfaction of the department of Social and Health Services,the health officer and legal counsel for the health department.As a condition precedent to acceptance of a bond,the water source shall be provided, proven and approved;the water source shall also be tested bacteriologically and chemically. (e) Preliminary to bonding an itemized list of materials shall be submitted with the water system plans to the Department of Social and Health Services or local health department, as appropriate. (f) Moneys on deposit for completion of the water system may be provided in lieu of a bond if confirmed in writing by a reputable financing firm to the satisfaction of the health officer and legal counsel for the health department. (g) Completion of the water system (including availability of water to each lot)shall be provided within one year after final recording of the plat. (Res. 1162(part), 1980:Art.VIII §5 of Res.dated July, 1970 and amended November 5, 1980). Created: 2021-10-20 09:04:40 [EST] (Supp.No.57,11-21,Update 1) Page 4 of 5 6.32.070 Individual lot wells. To meet the standard of the chapter the subdivider of a subdivision with larger lots with a well for each individual lot must designate on the final recorded document the general location of each well and septic tank system. (Res. 1162(part), 1980:Art.VIII§6 of Res. dated July, 1980 and amended November 5, 1980). 6.32.080 Waiver of regulations. (a) Review for subdivisions served by existing sewage systems and water systems may be waived by the health officer. (b) Whenever a strict interpretation of these regulations would result in extreme hardship,the health officer may waive such regulation or portion thereof; provided,that the waiver is consistent with the intent of these regulations and that no public health hazard will result.Those regulations adopted in compliance with WAC 248-96 will also require the concurrence of the Secretary. (Res. 1162(part), 1980:Art.VIII §7 of Res.dated July, 1970 and amended November 5, 1970). Created: 2021-10-20 09:04:40 [EST] (Supp. No.57,11-21,Update 1) Page 5 of 5 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom/Lydia Buchheit Action Agenda x Public Hearing Other DEPARTMENT: Community Services-Public Health EXT: 404 DATE: 12/21/21 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 12/13/21 BRIEFING PRESENTED BY: Lydia Buchheit [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Annual contract with Mason Matters for Community Health Improvement work for $25,000. Background: Community Health Improvement funding to support Mason Matters and Mason County Health Coalition work to launch projects to impact the next Mason County Community Health Improvement Plan. Budget Impacts: Budgeted for 2022 RECOMMENDED ACTION: Approve Mason Matters Contract Attachment(s): Mason Matters Annual Contract MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT ID 2022 MM This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason Matters, hereinafter referred to as "CONTRACTOR." Contracted Entity Mason Matters Address PO Box 1150 City, State, Zip Code Shelton, WA 98584 Phone 360-227-2107 Primary Contact: Name, Lydia Buchheit, Board Secretary/Treasurer Title Primary Contact: E-mail masonmattersl@Rmail.com Washington State UBI# 601-999-453 Federal EIN 91-2078385 DUNS Number 146380899 Total Award/Contract $25,000 Value Funding Source State Public Health Assistance Funds Federal None Contract Term Duration January 1, 2022 — December 31, 2022 County Contract Contact: Dave Windom, Director Community Services County Contact Email: dwindom@masoncountywa.gov County Contact Phone: 360-427-9670 ext. 260 Exhibits incorporated into Exhibit A: Scope of Work B: Compensation C: Insurance this Personal Service Requirements Contract by reference General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Compensation: CONTRACT total values are not to exceed $25,000 per year. 1 Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits., or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income. or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit 'B," 2 by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act: and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. 3 Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. 4 Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt 5 of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. 6 Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Dave Windom, Director Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 260 Fax: 360-427-7787 E-mail: dwindom(a)-masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb(cD-masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain 7 performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation 8 requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be 9 a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. MASON MATTERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Mason Matters Board Member Randy Neatherlin, Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 10 EXHIBIT A SCOPE OF SERVICES I. Monitoring the health status of the community through: A. Reviewing Community Health Assessments B. Collaborating on health priorities and Community Health Improvement Plan (CHIP) C. Reviewing Community Health Coalition and community agency project proposals that target CHIP priorities D. Fund community proposals and projects that meet CHIP criteria E. Annual Report demonstrating funding use 11 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated in one lump amount so funding is available for Mason Matters operations and Request for Proposal (RFP) Funding B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. 2. Submit via e-mail or hard copy as preferred to: Casey Bingham, Finance Manager caseyba-co.mason.wa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 4. Annual report will be due on January 15, of the month following the end of year. Reports will be sent electronically to: Casey Bingham, Fiscal Manager to caseyba-masoncountywa.aov 12 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR 13 agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior 14 to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 15 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING December 13,2021 Briefing Items • Purchase of two (2)used automated flagger units off of the WA State Contract with Coral Sales Company for$29,998.00+tax/shipping. • Belfair Sewer Extension—Approval to Advertise, Set Bid,and Award. 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: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: December 13, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): o Budget/Finance ❑ Human Resources 11 Legal ii Other — please explain ITEM: Purchase of two Automated Flagger Assistant Devices EXECUTIVE SUMMARY: Back in January of 2021, Commissioner approved Public Works to purchase two (2) used automated flagger units that were used as demos. These devices are designed to be operated by a Traffic Control Person via remote control from a safe location. The units were purchased and have been utilized for road operation and maintenance projects. Public Works would like to purchase two (2) more Automated Flagger Assistant Devices off of State contract from Coral Sales Company. BUDGET IMPACTS: These devices where rental units and are in like-new condition. The purchase price is $29,998 (plus sales tax and includes delivery) and would be covered in the current County road fund budget. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize Public Works to purchase two Automated Flaggers through the Washington State contract from Coral Sales Company for $29,998 plus sales tax. ATTACHMENTS: 1. Coral Sale Co. Sales Quote 2. Device Information >> CoralSales o. SALES QUOTE: QT-20747 11rrPage: 1 11 ighyva r Sa-fet! S01LIT' lar 1s PO Box 22385 Portland,OR 97269-2385 Main 503.655.6351 Toll Free 800.538.7245 Fax 503.657.9649 www.coralsates.com Bid No: Bid Date: 12/3/2021 Quote Project To: Mason County Details: Public Works Project#: Gary Albaugh 100 W Public Works Drive Shelton,WA 98584 Phone: 360-427-9670X381 Salesperson: JAMIEBERNSTEIN E-Mail: jamie@coralsales.com Fax: 360-427-8445 Phone No: 503-344-1782 Customer ID: CUST-1207 FOB: Destination Terms: NET 30 Bid Item# Description Quantity Unit Unit Price Ext.Price 2020 RCF 2.4 Automated Flaggers-Used Units AFAD,RCF 2.4 Remote Control Flagman 2.00 EA 14,999.00 $29,998.00 Includes:(2)Hand Held Remotes and (2)Intrusion Alarms -Solar powered with 110v battery charge plug -Delivery Included Subtotal: $29,998.00 Shipping&Handling: $0.00 Total: $29,998.00 Sales tax is NOT included. Material Only-Installation is not included. Quote is for a acceptance within 30 days unless othe.-wise stated;applies only to project specified. No bon ncluded. Please refer to Coral Sales Company standard terms and conditions for complete details. Accepted by: / Date: /111��!•1�� •• ;1 r •• TM tolsto*( : NORTH AMERICATRAFFIC ��1•�sliM•11�/ ���••••�• THE LEADER IN TRAFFIC CONTROL SYSTEMS ��00:0000p STOP STOP r iERE 0" RED �.. RED s✓ VW ,._ STOP HERE ON 7 -- RED . : r � ' . • • • • • of • • - • • - • - • • • - • • • . • • • • • • • - RCF 204 Automated Flagger Assistance Device Single-head with gate-arm design for your Short-Term Flagging needs ���1l��►�l►..�► TM NORTH AMERICATRAFF1C 146066tW 00001 •660600000if •a000��i� THE LEADER IN TRAFFIC CONTROL SYSTEMS �000 1 RCF 2 . 4 AFAD STOP `T Automated Flagger Assistance Device HERE RE/D VA r • The RCF 2.4 Automated Flagger Assistance Device is designed to be operated by a Traffic Control Person via remote control, from a safe location, One flag-person can control one or two units in work zones up to 800 feet long, or two flaggers can operate two units in work zones up to 5 miles long. BENEFITSFEATURES 10 foot, highly visible gate-arm Provides"positive',visual vehicle control Typical Applications: Flagger stands at a safe location Flagger is safe during control of traffic • Gas lines while controlling traffic • Water and sewer lines User-friendly controller design Operator training takes less than • Asphalt paving 5 minutes • Road reconstruction Hand-held radio remote control One flagger can control one or two and maintenance units with a clear line of sight Lightweight design with small footprint Quick set up time.Can be repositioned • Guardrail repairs by hand as opposed to by truck • Ditching Each controller can be designated Convenience and efficiency in • Tree trimming as a Primary Unit, or a Secondary Unit assigning inventory • Utility applications- Two trailers can be locked together Unified trailer, requiring only a single Hydro-electric and for towing towing vehicle Telephone lines COMPARISONS Distributed by Typical cost ranges from$15.00 to Cost of operation is about Coral Sales Co. $35.00 per hour, per flag-person $1.75 per hour Highway Safety Solution No return on investment Typical R.O.I. is 8 months Often unreliable 100%reliable P.503-655-6351 >F.503-657-9649 www.coralsales.com High risk of injury and fatality A safer alternative PO Box 22385 Portland, OR 97269-2385 Increasing WCB costs No workers' compensation costs REV 02/19 U 7 Petersburg Circle, Port Colborne, ON L3K 5V5 ° • 62; ii i • • • • • • • • •u ne a • , , 1 O r f 19f17019 o • • • MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Director and Richard Dickinson, Deputy Director DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: December 13, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): 4 Budget/Finance 11 Human Resources � Legal ❑ Other — please explain ITEM: Belfair Sewer Extension —Approval to Advertise, Set Bid, and Award EXECUTIVE SUMMARY: On November 22 Commissioners were presented an overview of work to date and details of the planned Belfair sewer extension project. Commissioners requested additional information prior to action. A summary of the questions and responses are attached, along with a summary of debt repayment scenarios. BUDGET IMPACT: A new debt ranging from N $4.4 to 5.1 million is anticipated depending on loan repayment scenarios. The most favorable scenario in terms of new debt ($4.4 million) would require an offset of approximately 200 new ERUs to cover an annual payment of N $220,000 for 20 years. To qualify for this scenario, a Certified Project Completion report must be submitted by March 2023. The last payment on existing debt will be made in 2032. In 2027 the current annual loan repayment amount drops from N $1.16 to $0.9 million or approximately $260,000. In 2030 it drops another $200,000 to $698,267 per year. RECOMMENDED OR REQUESTED ACTION: Request Board authorize the following for the Belfair Water Reclamation Facility Sewer Extension: 1. Director or Deputy Director to advertise, set bid date/time and award contract; 2. Director, Deputy Director and/or Chair to sign pertinent documents for project. Attachments: Project Map Q and A's Repayment Scenarios