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2022/09/27 - Regular Packet
Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 September 27, 2022 9:00 a.m. September 27.2 Our Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in-person, and you can also e-mail msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1.Call to Order 2.Pledge of Allegiance 3.Roll Call 4.Correspondence and Organizational Business 4.1 Correspondence 4.2 National 4-H Week Proclamation by Dan Teuteberg 4.3 Park Host Needed for Mason County Oakland Bay Park by John Taylor 5.Open Forum for Citizen Input – (3 minutes per person, 15-minute time limit) Please see above options to provide public comment. 6.Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7.Approval of Minutes – August 8, 2022; August 15, 2022; August 22, 2022; August 29, 2022; September 5, 2022; and September 12, 2022 Briefing Minutes and August 16, 2022; August 30, 2022; and September 13, 2022 Regular Meeting Minutes 8.Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8090404-8090482 $ 1,382,498.62 Direct Deposit Fund Warrant # 90043-90433 $ 765,570,75 Salary Clearing Fund Warrant # 7006877-7006912 $ 1,025,200.90 Treasurer Electronic Remittance $ - 8.2 Approval of the Resolution to cancel outstanding warrants in the total amount of $4,026.80. 8.3 Approval to renew the contract with MasonWebTV for live-video streaming and video recording services for the Mason County Commission meetings. 8.4 Approval of the amended agreement with MuniCode which includes an annual flat rate of $6,475 with a 20% discount for the first year plus a $950 yearly hosting fee. 8.5 Approval to appoint Deidre Peterson to represent the Shelton-Mason County Chamber of Commerce to fill a vacant vendor position on the Mason County Lodging Tax Advisory Committee (LTAC). 8.6 Approval to amend Resolution No. 2022-002 to reorganize the Department of Community Services into the Department of Public Health and Human Services and the Department of Community Development; update the Non-Represented Employee Salary Scale; and place the new Director of Community Development in Range 46 Step 2 with an effective date of October 1, 2022. 8.7 Approval of the amendment to the American Rescue Plan Act (ARPA) agreement between Mason County and the Mason County Housing Authority to add verbiage to the scope of work that a signed attestation is a form of proof of lost income or increased household expense due to COVID-19. 8.8 Approval to reallocate $90,000 of ARPA funds from Public Works Pump Station No. 3 Project to Mason County utility arrearages. 8.9 Approval for the Department of Emergency Management to apply for a grant through U.S. Department of Agriculture Forest Service Wildland Fire Protection Plan for $250,000 with 0-5% match and approval of the letter of support for the PUD 1 grant application. 8.10 Approval to authorize ER&R to declare the attached list of vehicles, vehicle equipment, and miscellaneous parts as surplus and to allow Public Works to dispose of said items pursuant to Mason County Code and State laws through the Washington State Surplus Auction. 8.11 Approval to appoint Jeff Carey to the Planning Advisory Commission (PAC) for a term that expires January 31, 2026. 8.12 Approval of the Resolution implementing the Mason County Fire Marshal’s Office Burn Restrictions Policy. 8.13 Approval of the letter of support for The Arc of the Peninsulas. 8.14 Approval of the Request for Proposals (RFP) for completion of the Squaxin Island Tribe and Mason County’s Memorandum (MOA) Water Resources Inventory Area (WRIA) 14 inventories in the Goldsborough Creek and Johns Creek drainages. 8.15 Approval of the Hood Canal Regional Pollution and Identification Correction (HCRPIC) Phase 4 Amendment No. 3 with the Hood Canal Coordinating Council (HCCC) to extend the end date from September 30, 2022 to December 31, 2022 and increase the maximum rebate amount from $350 to $500 per rebate. 8.16 Approval to submit Mason County’s response to the Squaxin Island Tribe’s Treatment as a State application to the Environmental Protection Agency (EPA). 8.17 Approval for the County Administrator to execute the Easement Agreement with the Washington State Department of Natural Resources for access across County-owned parcel no. 12219-33-00000. 8.18 Approval to temporarily promote Corrections Support Officer (CSO) Brad McQuade to Alternative Sentencing Unit (ASU) Coordinator from August 8, 2022 through December 15, 2022 at Corrections Deputy Range Step 2. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Approval of the Resolution adopting the 2023 Annual Construction Program and approval of the Resolution adopting the 2023-2028 Six-Year Transportation Improvement Program (TIP). Staff: Mike Collins 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Cassidy Perkins Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: September 27, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Cannabis License Notification for M and R Distributing, Notice of Liquor License Approval for The Lucky Dog, Notice of Liquor License Approval for the Fjord Oyster Bank. 4.1.2 Advisory Board Applications from the following: Jason Webber for Transit Authority, Adam Bernbaum for TIP-CAP, David Dally for the Historic Preservation Commission. 4.1.3 Request for Speed Limit Reduction Petition. Attachments: Originals on file with the Clerk of the Board WHEREAS, 4-H is America’s largest youth development organization, having supported almost six million youth across the country thus far; and WHEREAS, 4-H has helped more than 1,500 youth in Mason County to become confident, independent, resilient and compassionate leaders; and WHEREAS, 4-H is delivered by Cooperative Extension – a community of more than 100 public universities across the nation that provides experiences where young people learn by doing in hands-on projects in areas including health, science, agriculture and citizenship; and WHEREAS, National 4-H Week showcases the incredible experiences that 4-H offers young people, and highlights the remarkable 4 -H youth in Mason County who work each day to make a positive impact on those around them; and WHEREAS, 4-H’s network of 600,000 volunteers and 3,500 professionals provides caring and supportive mentoring to all 4-H’ers, helping them to grow into true leaders, entrepreneurs and visionaries; NOW, THEREFORE, we, the Mason County Board of Commissioners do hereby proclaim October 2-8, 2021 as NATIONAL 4-H WEEK throughout Mason County and encourage all of our citizens to recognize 4-H for the significant impact they have made and continue to make by empowering youth with the skills they need to lead for a lifetime. Dated this 27th day of September, 2022. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty, Sharon Trask, Randy Neatherlin, Chair Vice-Chair Commissioner NEWS RELEASE September 27, 2022 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Park Host needed for Mason County Oakland Bay Park Mason County Parks Department is recruiting an on-site Park Host/Caretaker for Oakland Bay Park. The successful candidate must provide their own RV and the County provides water, power, and septic at no charge. Caretakers are responsible for opening and closing the park, site security, customer service, cleaning restrooms, and light maintenance duties in return for utilities. There is no salary of pay associated with this opportunity. Mason County Parks and Trails is looking for a person(s) who are willing to work evenings, weekends, and holidays, can physically make rounds of the park and have good communication and customer service skills including the ability to remain calm and friendly when confronted with problems. Oakland Bay Park is located in Shelton in the 1500 block of East Agate Road. The park has 81 acres with several walking nature trails, a historic house, and restrooms. This park is under Capital Land Trust and is a conservation area. Caretake rs need to be present in the evenings Monday-Friday and all day on weekends year-round. Please apply by completing a Park Host Application located on the Mason County web page at https://masoncountywa.gov/forms/parks/park_host_application.pdf or contact Anne White at (360) 427-9670 ext. 535 with any questions. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Commissioner ______________________ Randy Neatherlin, Commissioner Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of August 8, 2022 Monday, August 8, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion from 9:00 a.m. to 9:45 a.m. Mark Neary, Mary Ransier, and Cabot Dow were also in attendance. 9:45 A.M. WSU Extension – Dan Teuteberg Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dan discussed increasing the Noxious Weed Control Board Coordinator position from .75 full-time employee (FTE) to 1.0 FTE. Approved to move forward. 9:55 A.M. Sheriff’s Office – Sergeant Severance Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Sergeant Severance shared a marine enforcement opportunity to purchase a 2009 21 ’ North River Seahawk patrol boat from the Lakewood Police Department from Restricted Reserve Funds. The current patrol boat is more narrow and shorter with an open cab that makes it more hazardous in windier conditions. The purchase price is $45k and the budget ask is $65k to allow for proper radar, radios, navigation, etc. Approved to mo ve forward. 10:00 A.M. Coroner’s Office – Jaime Taylor Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Jamie shared that the Interlocal Agreement with Kitsap County will be terminated effective September 1, 2022. Thurston County has agreed to take Mason County autopsy cases at $1,700 per autopsy; $900 for external examination; and $350 for facility rental. Kitsap County charged a flat fee per month of $7,250. Thurston County will cost about $19,000 a month. An increase for extra help is needed for manpower, lift assist, transport, and scene assistance. Cmmr. Shutty would like to reach out to the Fire Districts to encourage assistance. Approved to move forward. 10:05 A.M. Superior Court – Judge Goodell Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Jim Madsen discussed the Interagency Agreement with the Administrative Office of the Courts under the Uniform Guardianship Act for $29,558 in additional reimbursement for attorneys for parents in guardianship cases and for court visitors. Approved to move forward. • Judge Goodell discussed the Interagency Agreement with the Administrative Office of the Courts for audio/video enhancement for the Justice AV Systems (JAVS) recording in the amount of $50k. The remaining amount is $18,488.50 and will be paid for using Trial Court Improvement funds. Approved to move forward. 10:15 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Kelly Frazier shared the quotes for roof replacement on Building 6, 7, 8 and the Church- House. Quotes were received from Evergreen State Roofing, Cogent Construction Inc., and Ascend Roofing. Evergreen State Roofing had the lowest quotes. Approved to move forward. • Mark discussed the Request for Proposal (RFP) for Mason County Real Estate Professional Services. Approved to move forward. Page | 2 • John Taylor requested to end the contract with the Department of the Interior for the Vance Creek stream gage and authorize the purchase of a replacement gauge and monitoring through TOLTHAWK. The purchase price is $1,100 with an annual dashboard cost of $250. Approved to move forward. 10:30 A.M. Community Development – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave asked to consider scheduling interviews for the new applicants to fill the open seats on the Historic Preservation Commission. Approved to move forward. • Dave gave updates on the Department of Health and Department of Labor and Industries on COVID guidance, monkeypox, and vaccines. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of August 15, 2022 Monday, August 15, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in Closed Session for labor Discussion from 9:00 a.m. to 9:45 a.m. Mark Neary, Mary Ransier, Nichole Wilston, and Cabot Dow were also in attendance. 9:45 A.M. Historic Preservation Commission Interviews Commissioners Neatherlin, Shutty, and Trask interviewed and appointed Steven Bass, William Jensen, and Caleb Cowles. 10:15 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • John Taylor discussed the request from North Mason Soccer Club for field use extension to October 16, 2022. Approved to move forward. • Jennifer Beierle shared the July 2022 Financial Report. Current Expense revenue $26,543,191 at 65%; last year $25,958,6 41 at 66%. Treasurer Department revenue $19,057,184 at 71%; last year $18,014,773 at 69%. Current Expense expenditure $22,845,958 at 52%; last year $21,669,206 at 53%. Six-Year Specific Revenue Streams comparison: Community Development $1,395,988; Detention & Correction $43,152; Current Expense Property Taxes $6,666,163; Road Diversion $633,418; County Road $5,445,960; Current Expense Sales Tax $5,034,531; Criminal Justice $1,223,488; Rural Sales & Use $607,853; Homelessness Prevention $440,500; Lodging Tax $467,989; and REET 1 & 2 $1,115,616. Total collected revenue $5,034,530.97. Projected end of year revenue $8,822,147.67. Current Expense cash $25,450,086. Special Fund cash $48,391,701. Motor Pool expenditure $1,141,130 at 75.83%; last year $925,212 at 69.1%. Higher this year due to upfits and fuel prices. Special and Other Funds revenue $33,121,087 at 41%; last year $38,262,217 at 75%. Special and Other Funds expenditure $26,470,225 at 30%; last year $24,459,706 at 41%. • Cmmr. Neatherlin shared that the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) has no quorum. • Cmmr. Shutty discussed the National Association of Counties (NACo) Operation Green Light asking County Administration buildings to be lit green in recognition and support of Veterans from November 7 – 13, 2022. Approved to move forward. 10:25 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins requested to advertise for the 2023 Call for Bids for paint line, asphalt emulsion, culvert pipe and lining, manufacturing and stockpiling of chip seal aggregate, road maintenance surfacing materials, vehicles/equipment towing and tire repair services, and asphaltic materials. Approved to move forward. • Mike requested to procure and execute agreements for Materials Testing and Engineering and Construction services from the County MRSC Consultant Roster. Approved to move forward. • Loretta requested to extend and/or increase funding for contracts for Public Works Consultant and Maintenance Service Agreements. Exeltech Consulting, Inc. for engineering and design services for fish barrier correct culvert projects contract extension. Gibbs & Olson for Public Page | 2 Work facility water/wastewater system design contract extension and increase of $15k. Parametrix, Inc. for hydraulic/hydrological analysis and design services for Lower Uncle Johns Creek culvert replacement contract extension and increase of $25k. Parametrix, Inc. for on-call post closure for Mason County Landfill contract extension. Correct Equipment for grinder pump service maintenance contract extension. Approved to move forward. • Loretta discussed appointing TIP-CAP members on August 30, 2022. 11:00 A.M. Executive Session – RCW 42.30.110(1)(c) Real Estate Commissioners Neatherlin, Shutty, and Trask met in Executive Session for real estate from 11:00 a.m. to 11:21 a.m. Mark Neary and Richard Beckman were also in attendance. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of August 22, 2022 Monday, August 22, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion from 9:00 a.m. to 9:50 a.m. Mark Neary, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 9:45 A.M. State Auditor’s Exit Conference – Amy Strzalka, Vinny Shiel, Tammy Lane, and Darcy Williams Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • The PowerPoint presentation provided a summary of the completed audit while the packet includes a full draft of the audit reports and detailed information. Tammy shared that the audit is from January 1, 2021 through December 31, 2021. An unmodified opinion was issued in accordance with the Regulatory Basis of Accounting (BARS) and an adverse opinion was issued on the Generally Accepted Accounting Principles (GAAP). No significant deficiencies for internal control, material weaknesses, or financial statements were found. No uncorrected misstatements were identified. The audit addressed the management override of controls, fiduciary reporting, and the financial condition for the Belfair and Rustlewood sewers. Darcy added this was a single audit for federal grants for January 1, 2021 through December 31, 2021 to ascertain if the County complied with requirements applicable to its major programs. No significant deficiencies, however deficiencies considered to be material weaknesses and instances of noncompliance were found. Major programs selected for audit were COVID 19 – Coronavirus Relief Fund, COVID 19 – Emergency Rental Assistance Program, and COVID 19 – Coronavirus State and Local Fiscal Recovery Funds. Vinny shared that the County did not have adequate internal controls for ensuring compliance with federal suspension and debarment requirements which bans certain recipients from receivi ng funds. Four contracts which provided $3.4 million for the Emergency Rental Assistance (ERA) program were not verified. The Department of Commerce required specific language regarding federal suspension and debarment in the contract which was left out. The non- profits were not suspended or debarred. Summary schedule of prior audit findings for improperly charging the Coronavirus Relief Fund program for expenditures incurred outside of the period of performance and for the declining financial conditions of the Belfair Sewer Fund and Rustlewood Water and Sewer Fund have been fully corrected. The County has made significant progress for the sewer funds. Public Works installed water meters to bill customers on usage and customers joined the County’s expanded system. It was suggested that the County continue to monitor these funds. Amy discussed the audit cost was about $5k under the original estimate due to the County’s quick responses. The next audit will be in the summer of 2023 for a two -year accountability for public resources, financial statements for 2022 and federal programs for 2022. 10:15 A.M. District Court – Judge Steele Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Judge Steele requested to increase the District Court Judge Pro Tempore from $75/hour to $90/hour effective January 1, 2023. The average for comparable counties is $85.52. Approved to move forward. 10:25 A.M. Treasurer – Lisa Frazier Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. Page | 2 • Lisa asked to increase the number of cash drawers for the landfill from six to eight to allow each staff person to have their own cash drawer for accountability and cash control. The amount in each drawer would increase from $200-250 to $400 and the manager’s change bag would increase from $450 to $500. The budget impact is $1,700. Approved to move forward. 10:30 A.M. Community Development – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave shared the presentation for the first half of 2022 Public Health finances. The last slide shares the 2021 BARs Report required by Department of Health to show how the department was funded. • Dave discussed the Consolidated Homeless Grant (CHG) amendment C and amendment with Crossroads Housing to add $98k to reduce and prevent homelessness. Approved to move forward. • Randy Collins requested to implement a new policy on burn restrictions and burn bans. With the fire season growing longer and the increase of wildfire threats there is a strong need to adopt a unified policy. This would have the County follow the National Fire Danger Rating System. Using that system would help reduce public confusion and local fire district frustration. Approved to move forward. 10:45 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins discussed the 2023 Annual Construction Program and the 6 -Year Transportation Improvement Program (TIP) and asked to set a Public Hearing for Tuesday, September 27, 2022 at 9:15 a.m. Approved to move forward. • Mike asked to reappoint six T ransportation Improvement Program Citizens Advisory Panel (TIP-CAP) members with terms that expired August 1, 2022. Appoint Don Pogreba and Tim Lincoln to three-year terms and Jeff Carey, Jack Johnson, Philip Wolff, and Mark Carlson to two-year terms. Jeff will be appointed to the Planning Advisory Commission. Cmmr. Shutty supports reappointing Don, Tim, and Phil and would like to look at other applicants. Cmmr. Trask asked for more balance for Commissioner Districts. Approved to move forward to reappoint Don, Tim, and Phil. • Justin Phelps requested to execute a sole-source Resolution to purchase parts and repairs from KTurbo for blowers for the Belfair Reclamation Facility for $11,997. KTurbo is the only supplier of services and parts. Approved to move forward. • Justin requested to execute a sole-source Resolution to execute a three-year service contract with Huber Technology for annual maintenance of the Huber Fine ROTAMAT screens used at the Belfair Reclamation Facility for a total cost of $13,500. A one-time visit would cost around $7,600. Approved to move forward. 11:05 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Diane Zoren presented the 2023 Visitor Information Center (V IC) awards recommended by the Lodging Tax Advisory Committee (LTAC). North Mason Chamber of Commer ce for $48,712; Mason County Historical Society for $19,137; and Shelton Mason County Chamber of Commerce for $106,123. Heidi McCutcheon shared that visitor numbers have increased 200% over pre-pandemic numbers. Approved to move forward. • John Taylor requested to apply for an Emergency Management Performance Grant (EMPG) amendment to purchase a side-by-side utility vehicle (UTV). Approved to move forward. Page | 3 • John discussed a joint grant opportunity with Public Utility District No. 1 (PUD 1) through the U.S. Department of Agriculture (USDA) Forest Service to develop or revise a Wildland Fire Protection Plan. Approved to move forward. • John provided the Winter Storm Preparation training series and training course requirements. • Jennifer Beierle discussed the American Rescue Plan Act (ARPA) funding requests for the 2 nd road. Total requests equal $26 million. Cmmr. Shutty requested to put in dollar mounts. • Jennifer shared the draft Resolution to allocate USDA Secure Rural Schools and Roads Funding. The recommendation is 85% to Title I, 8% to Title II, and 7% to Title III. Approved to move forward. • Mark discussed the Mason County Sheriff’s Office North Precinct Belfair Landing Commercial Complex lease. The North Mason Fire District may have room for a Sheriff’s Office. For the Belfair Landing lease, the base lease is $2,812.16 with expenses of $976 to total $3,788.16. Option one is to extend the lease 16 months with a 4% increase to the base amounts for $2,924.65 a month with expenses of $976 to total $3,900.65. Option two is month to month for $4,218.24 a month with expenses of $976 to total $5,194.24. With the 16-month extension, the landlord would advertise the lease and be willing to shorten the contract. Approved to move forward. • Nichole Wilston requested approval to participate in the Washington Counties Risk Pool (WCRP) optional $5 million excess of $20 million policy. Last year $10,39 9 was paid. The rate is increasing 26% to 14,886. Approved to move forward. 12:00 P.M. Executive Session – RCW 42.30.110(1)(i) Litigation Commissioners Neatherlin, Shutty, and Trask met in executive session for litigation from 12:00 p.m. to 12:10 p.m. Mark Neary and Tim Whitehead were also in attendance. 12:15 P.M. Prosecutor’s Office – Tim Whitehead • Tim discussed the opioid litigation against opioid distributors in Washington state. Mason County did not join the lawsuit but it is reco mmended the County joins the settlement. 90% of cities and counties must enter into the settlement for it to move forward. Mason County may receive $1.5 million over a 17-year period to support the opioid epidemic. This must be joined by September 23, 2022. Approved to move forward. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of August 29, 2022 Monday, August 29, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin and Trask met in closed session for labor discussion from 9:00 a.m. to 9:41 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 9:45 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • John Taylor requested to change the extension date of North Mason Soccer Club’s soccer season from October 15, 2022 to the end of November. A policy for field use extension s is in process. The extension will make it more difficult for staff to prepare the fields for baseball and can be costly. Approved to move forward. 9:55 A.M. Community Development – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Kell Rowen requested to post and fill a second lead position. This would total two lead positions with one retirement on December 31, 2022. Approved to move forward. 10:00 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins shared a temporary daily road closure on Brockdale Road (Brockdale Cutoff) for September 7 and 8, 2022 from 7:00 a.m. to 3:30 p.m. from milepost 4.8 to milepost 6.27 to perform chip seal maintenance. Approved to move forward. • Mike discussed the County Road Project (CRP) 2042 Shelton Valley Road Winter Creek culvert replacement project amendment. Public Works would like to approve the increase of authorized Rural Arterial Trust Account (RATA) funds for the total amount of $477,972 from the County Road Administration Board (CRAB). Typically, the local match is a 10% minimum. Approved to move forward. • Mike requested to purchase a special market value 2021 HAMM asphalt compactor. The current roller is too small and does not have enough adjustments. The 2018 Sakai asphalt roller will be traded in for $27,500. Total cost after trade in would be $29,837.50. Approved to move forward. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of September 5, 2022 Tuesday, September 6, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion from 9:00 a.m. to 9:45 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of September 12, 2022 Monday, September 12, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion from 9:00 a.m. to 9:58 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 9:45 A.M. WSU Extension – Dan Teuteberg Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dan highlighted the Washington State University 2022 Summer Report. 4 -H is in person and hosted its first summer camp in three years. 80 campers participated and 30 youth staff were trained. The Grays Harbor County Fair was in August and had over 100 entries from Mason County. Master Gardeners and Saints’ Pantry teamed up for the SNAP -Ed Nutrition. SNAP- Ed is planning to partner with Therapeutic Courts, Pioneer School District, and local fa rmers markets. There is an emphasis on food safety and preservation, especially regarding canning. A position as Small Farms Coordinator has recently opened. 9:55 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Loretta discussed the Transportation Improvement Program Citizens Advisory Panel (TIP - CAP) membership and shared another application came in. Four members are currently appointed but there is no quorum. Cmmr. Neatherlin requested to reappoint Jack Johnson. Cmmr. Shutty and Cmmr. Trask would like to see more applicants. • Loretta shared for Olympic View and Olympic Ridge, the developer was constructing the trunk line through those developments and intended to use County Code for a latecomer’s agreement. Main construction is being wrapped up and final construction costs gathered. • Richard Dickinson added the Lakeland Pump Station has new pumps, electronics, and variable frequency drives. 10:05 A.M. Coroner’s Office – Jaime Taylor Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Jaime shared an interlocal agreement with Kitsap County for autopsy facility use only. Language is being reviewed by legal. 10:10 A.M. Community Services – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave shared the Housing and Behavioral Health Advisory Board openings news release. Approved to move forward. • Dave discussed Governor Inslee announcing the expiration of emergency declaration as of October 31, 2022. Area Command will be converted into Public Health and staff will be transitioned from COVID to Foundational Public Health. COVID -related funding sources will also be expiring. 10:15 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Diane Zoren discussed hosting and serving a light breakfast for the employee service awards at the October 11, 2022 Commission meeting. Approved to move forward. Page | 2 • John Taylor shared the letter of support for the joint grant opportunity with Public Utility District No. 1 (PUD 1) for a wildland fire protection plan. The Department of Emergency Management is also applying for a $250,000 grant with a 0-5% match. Approved to move forward. • Mary Ransier discussed the January 1, 2022 through December 31, 2024 Collective Bargaining Agreement (CBA) for Teamsters Union 252 representing the Mason County Appraiser’s Unit with retro to June 1, 2022. Approved to move forward. • Mary discussed the new effective upon ratification through December 31, 2024 CBA for Teamsters Union 252 representing the Mason County Prosecutor ’s Office Clerical Unit. Approved to move forward. • Jennifer Beierle shared a request to award funding from .09 Rural County Sales & Use Tax Fund No. 103 to the Economic Development Council (EDC) for $90,000. Jennifer Baria added this is a continuation of the same maintenance agreed upon in 2021. There is federal funding activity that will necessitate a lot of work to put the cohesive application together. This will need to be circulated to the City of Shelton and Port districts. • Jennifer discussed a request to reallocate $90,000 from Public Works Pump Station No. 3 Project to Mason County utility arrearages. Approved to move forward. • Jennifer discussed the American Rescue Plan Act (ARPA) contract amendment to add to the scope of work that a signed attestation is a form of proof of lost income or increased household expense due to COVID-19. Approved to move forward. • Jennifer shared the August 2022 Financial Report. Current Expense Revenue $29,397,117 at 72%; last year $28,896,817 at 73%. Treasurer Department revenue $20,364,906 at 75%; last year $19,243,913 at 73%. Increase is due to sales tax and City/County assistance. Current Expense expenditure $26,084,460 at 59%; last year $24,945,096 at 61%. Six-Year Specific Revenue Streams Comparison: Community Development Revenue $1,693,611; Detention & Correction Services $75,453; Current Expense Property Tax $6,728,969; Road Diversion Property Tax $639,549; County Road Property Tax $5,497,829; Current Expense Sales Tax $5,902,622; Criminal Justice Taxes/Entitlements $1,320,843; Rural Sales & Use Tax Fund $710,702; Homelessness Prevention Filings $502,642; Lodging Tax $571,203; and REET 1 & 2 $1,320,119. August Sales Tax Revenue $868,091.16 for a projected end of the year revenue of $8,889,531.83. Current Expense cash $25,007,481. Special Fund cash $54,671,219. Motor Pool expenditure comparison. General & Special Fund $1,212,439 at 80.57%; last year $990,742 at 74%. Special & Other Funds revenue $43,535,585 at 54%; last year $40,787,322 at 71%. Special & Other Funds expenditure $30,385,227 at 35%; last year $31,278,394 at 46%. • Jennifer shared the Auditor’s Financial Services department completed the 2023 preliminary budget. Budget workbooks have been sent to departments. A training was held last Thursday and some departments have completed their budget narratives that are due September 21, 2022. The budget meetings will be held via Zoom • Jennifer shared the ARPA second round requests and asked the Commissioners to choose their top ten and give funding amounts. Page | 3 Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 August 16, 2022 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Senator Tim Sheldon led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: notice of liquor license approval for Lakeland Village Golf Course, cannabis license application for The Raucus Group LLC, notice of temporary discontinued business for Luna NW, and urgent notice of special occasion liquor license for the Great Bend Center for Music. 4.1.2 Steven Bass and Caleb Cowles sent in an application for the Mason County Historic Preservation Advisory Board. 4.1.3 Jennifer Capps sent in a letter regarding Mason General Hospital’s name change. 4.2 Cmmr. Trask read the Senator Tim Sheldon Day Proclamation. 4.3 Cmmr. Shutty read the Mason County Parks and Trails Advisory Board Openings News Release. 5. Open Forum for Citizen Input Jim Lerner, President of the Oak Park Homeowners Association, shared his concerns regarding the recent repair and repavement. Horseback riders are using the gravel right-of-way leaving small holes unsuitable for walking. Jim asked, since speeding is getting worse even with park warning signs, if grooves can be cut in the road for a “rumble alert” to slow drivers down. When road work was being done, residents realized that there is only one entrance and exit from Oak Park which is a cause for concern in case of emergency. Lastly, Jim requested a “no compression braking” sign be placed at the entrances to Oak Park and on Brockdale and McEwan Prairie. 6. Adoption of Agenda Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Trask/Neatherlin moved and seconded to adopt the July 11, 2022 and July 18, 2022 Briefing Minutes and July 19, 2022 Regular Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8089705-8089911 $ 921,525.62 Direct Deposit Fund Warrant # 89248-89643 $ 773,954.49 Salary Clearing Fund Warrant # 7006812-7006851 $ 1,030,581.14 Treasurer Electronic Remittance $ - 2 | A u g u s t 1 6 , 2 0 2 2 C o m m i s s i o n M i n u t e s 8.2 Approval to upgrade the security system in all County buildings using Dan’s Locksmith Company to supply and install panic devices and panel for $28,641.60. 8.3 Approval to award the contract for Architectural and Engineering Professional Services to Helix Design Group. 8.4 Approval of the Resolution placing an honorary facility naming sign at the Public Works Facility – “Senator Tim Sheldon Public Works Facility”. (Exhibit A, Resolution No. 2022-051) 8.5 Approval of the Resolution amending the Commissioners’ Operating Guidelines and the Ordinance amending Mason County Code Chapter 2.88 – Meetings of Board of County Commissioners. (Exhibit B, Resolution No. 2022-049; Exhibit C, Ordinance No. 2022-050) 8.6 Approval to appoint Dale Elmlund to the Mason County Housing Authority Board of Commissioners for a 5-year term expiring August, 16, 2027. 8.7 Approval to hire a Noxious Weed Control Board Coordinator in the fall of 2022 and increase the position from .75 FTE to 1.0 FTE. 8.8 Approval to authorize the Sheriff’s Office expenditure of up to $65,000 from the restricted reserve funds from Boating Fund no. 141 for the purchase of a patrol vessel from the Lakewood Police Department. 8.9 Approval of Interagency Agreement No. IAA23893 between the Washington State Administrative Office of the Courts and Mason County Superior Court for the reimbursement up to $29,558 for attorney and court visitor appointment costs. 8.10 Approval of Interagency Agreement No. IAA23961 between the Washington State Administrative Office of the Courts (AOC) and Mason County Superior Court for the grant of up to $50,000 for audio/video equipment and to use Trial Court Improvement Funds to pay the remaining balance of $18,488.50 of the JAVS proposal. 8.11 Approval to increase the Coroner’s Office budget by $61,000 for Pathology Services and $15,000 for on-call/extra help for lift assist, transport, and scene assistance for 2022. 8.12 Approval to contract with Evergreen State Roofing not to exceed the amount of $97,675.20 to replace the roofs on County buildings 6, 7, 8, and the Church-House building. 8.13 Approval of the Request for Proposals (RFP) for Mason County Real Estate Professional Services. 8.14 Approval of the contract with Permitium to streamline applications for both birth and death certificates. 8.15 Approval of the Private Line Occupancy Permit granting permission for the existing sewer transport and cable line under Tahuya Blacksmith Road to serve parcel no. 22304-77-90131. 8.16 Approval of the Resolution for the Mason County Reserve and Contingency Policy to amend Resolution No. 2021-034. (Exhibit D, Resolution No. 2022-052) 8.17 Approval for the Chair to sign the Special Occasion Liquor License for Great Bend Center for Music’s event on August 27, 2022 from 5:30 p.m. to 10:00 p.m. at the Hood Canal Salmon Center. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.17. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 3 | A u g u s t 1 6 , 2 0 2 2 C o m m i s s i o n M i n u t e s 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:39 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 August 30, 2022 1. Call to Order – The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance – David Windom led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: a special occasion liquor license application for Shelton Skookum Rotary Foundation; liquor license renewal information; marijuana license renewal information; notice of cannabis license relocation application for Black Sushi Cannabis; and notice of cannabis license discontinuation for Cooperative52. 4.2 Loretta Swanson read the Temporary Road Closure on Brockdale Road (Brockdale Cutoff) News Release. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Neatherlin/Trask moved and seconded to adopt the July 19, 2022 Commission Retreat Minutes; July 25, 2022 and August 1, 2022 Briefing Minutes; July 25, 2022 Finance Committee Minutes; and August 2, 2022 Regular Meeting Minutes as presented. Motion carried unanimously. N-aye; S-aye; T- aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8089912-8090198 $ 2,005,398.20 Direct Deposit Fund Warrant # 89644-90042 $ 789,471.59 Salary Clearing Fund Warrant # 7006852-7006876 $ 523,470.47 Treasurer Electronic Remittance $ - 8.2 Approval of the Resolution to increase the District Court Judge Pro Tempore and District Court Commissioner hourly rate to $90.00/hour effective January 1, 2023. (Exhibit A, Resolution No. 2022- 053) 8.3 Approval to participate in the Washington Counties Risk Pool (WCRP) optional $5 Million excess of $20 Million policy. 8.4 Approval of the sole-source Resolution authorizing Public Works to execute a three-year service contract with Huber Technology, Inc. for the annual maintenance of the Huber Fine ROTAMAT Screens used at the Belfair Water Reclamation Facility. (Exhibit B, Resolution No. 2022-054) 2 | A u g u s t 3 0 , 2 0 2 2 C o m m i s s i o n M i n u t e s 8.5 Approval of the sole-source Resolution authorizing Public Works to purchase parts and repair services from K Turbo for blowers at the Belfair Water Reclamation Facility. (Exhibit C, Resolution No. 2022- 055) 8.6 Approval to set a Public Hearing for Tuesday, September 27, 2022 at 9:15 a.m. to consider the 2023 Annual Construction Program and 2023-2028 Six-Year Transportation Improvement Program (TIP). 8.7 Approval of the Consolidated Homeless Grant (CHG) No. 22-46108-20 Amendment C and the Professional Services Contract with Crossroads Housing Amendment 3 for the additional funds in the amount of $98,098 for the period of July 1, 2022 through June 30, 2023 to support the centralized rapid rehousing program and supportive services to reduce and prevent homelessness. 8.8 Approval for the County Administrator to negotiate with the Lessor of the Belfair Landing Commercial Complex and Mason County attorney to implement a 16-month extension contract. 8.9 Approval of the Resolution amending Resolution No. 49-13 for the election to receive Secure Rural Schools and Community Self Determination Funding and Allocation of Title I, Title II, and Title III funds. (Exhibit D, Resolution No. 2022-056) 8.10 Approval of the Resolution amending Resolution No. 32-18 to increase the Mason County Utilities and Waste Management cash drawers from six to eight and increase the cash drawer amount to $400 and increase the manager’s change bag to $500. (Exhibit E, Resolution No. 2022-057) 8.11 Approval to implement the Mason County Fire Marshal’s Office Burn Restrictions Policy. 8.12 Approval to appoint William Jensen, Steven Bass, and Caleb Cowles to the Historic Preservation Commission to fill three vacant seats. 8.13 Approval to authorize Public Works to advertise, set bid opening dates/times, award contracts, and allow the Chair to sign all pertinent documents for the Call for Bids for routine Paint Line, Asphalt Emulsion, Culvert Pipe and Lining, Manufacturing and Stockpiling of Chip Seal Aggregate, and Asphaltic Materials for 2023. 8.14 Approval to authorize Public Works Deputy Director/County Engineer to extend the agreements for Engineering & Designs Services for the Fish Barrier Correct Culvert Projects with Exceltech Consulting, Inc. and extend and add an additional $15,000 for the Public Works Facility Water/Wastewater System Design with Gibbs & Olson, and extend and add an additional $25,000 for the Hydraulic/Hydrological Analysis for Lower Uncle John Creek Project with Parametrix, Inc.; and approval to authorize the Public Works Deputy Director/U&W Management to extend the On-Call Post Closure for Mason County Landfill agreement with Parametrix and the Grinder Pump Service Maintenance agreement with Correct Equipment. 8.15 Approval for the County Engineer to procure and execute agreements for Materials Testing and Engineering and Construction services from the County MRSC Consultant Roster; each agreement will be for two years with one automatic one-year renewal and a maximum payout for each service agreement not to exceed $200,000. 8.16 Approval to reappoint Don Pogreba and Tim Lincoln for a three-year term and Philip Wolff for two-year term on the Transportation Improvement Program Citizen Advisory Panel (TIP-CAP). 8.17 Approval for the Chair to sign the Allocation Agreement Governing the Allocation of Funds Paid by the Settling Opioid Distributors in Washington State, Subdivision Settlement Participation Form, and the One Washington Memorandum of Understanding between Washington Municipalities. 8.18 Approval to post and fill a Lead Planner position through December 2022. Cmmr. Trask/Neatherlin moved and seconded to approve action items 8.1 through 8.18 with the exception of item 8.16. Motion carried unanimously. N-aye; S-aye; T-aye. Item 8.16 Loretta Swanson shared that this is to reappoint members to the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP). This group provides citizen input on the Transportation Improvement Program, capital investments, road infrastructure (roads, culverts, bridges, etc.), and meets once per month. Members will also attend community events and provide outreach. 3 | A u g u s t 3 0 , 2 0 2 2 C o m m i s s i o n M i n u t e s Cmmr. Trask/Shutty moved and seconded to reappoint Don Pogreba and Tim Lincoln for a three-year term and Philip Wolff for two-year term on the Transportation Improvement Program Citizen Advisory Panel (TIP-CAP). Motion carried unanimously. N-aye; S-aye; T-aye. Cmmr. Neatherlin shared his frustrations on not having more input on who represents District 1. Cmmr. Trask emphasized keeping all districts well represented and well balanced. Cmmr. Shutty encouraged equal and equitable representation. 9. Other Business (Department Heads and Elected Officials) Mark Neary suggested making improvements on organizing the County website. For example, on the TIP- CAP tab define what district the members live in, if they are representing urban or rural, and make it clear what the balance is. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:37 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 September 13, 2022 1. Call to Order – The Vice-Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – John Taylor led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 3 – Sharon Trask. Absent: Commissioner District 2 – Kevin Shutty 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: notice of liquor license application in lieu of current privilege for the Lucky Dog Casino and special occasion liquor license application for Long Live the Kings. 4.1.2 Astound Broadband powered by Wave sent in a notification regarding rate increases. 4.1.3 Department of Natural Resources sent in their Payment in Lieu of Taxes (PILT) Eligible Lands by County data through June 2022. 4.2 Melissa Casey read the Housing and Behavioral Health Advisory Board Citizen Openings news release. 4.3 Paddy McGuire gave the Preliminary Budget Presentation. 5. Open Forum for Citizen Input Miguel Gutierrez, Community Lifeline board member, discussed the homeless population and invited the Commission and the public to attend the September 24, 2022 Fall Fun Fest event and October 11, 2022 Shelton Spotlight. Miguel shared thanks and gratitude for the County employee’s work on the homelessness task force and asked the Commissioners, when scoring the American Rescue Plan Act projects, to think of the community as a whole and who the project will benefit. Bill Long, Secretary of Friends of Lake Cushman Dog Park, shared that Mason County did not receive the PetSafe® Bark for Your Park™ grant. Bill thanked the Commissioners and John Taylor for all of the support and plans to continue the effort to build a dog park. 6. Adoption of Agenda Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes 8. Approval of Action Agenda 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8090199-8090403 $ 1,220,749.70 Direct Deposit Fund Warrant # $ - Salary Clearing Fund Warrant # $ - Treasurer Electronic Remittance $ 187,134.17 8.2 Approval of the following contracts for the 2023 Visitor Information Center (VIC) awards: North Mason Chamber of Commerce for $48,712; Mason County Historical Society for $19,137; and Shelton-Mason County Chamber of Commerce for $106,123; for the total amount of $173,972. 2 | S e p t e m b e r 1 3 , 2 0 2 2 C o m m i s s i o n M i n u t e s 8.3 Approval to update the description of and post the Public Defender II position. 8.4 Approval to cancel the U.S. Department of the Interior Skokomish River Gauge and replace it with the TOLTHAWK Gauge for the estimated total purchase, installation, and initial monitoring cost of $1,600 and annual dashboard cost of $250 per year. 8.5 Approval for Public Works to procure the 2021 HAMM HD13VV Asphalt Compactor for the amount of $29,837.50 as a special market value purchase. (Exhibit A, Resolution No.) 8.6 Approval of the Resolution for County Road Project (CRP) No. 2042 – Shelton Valley Road Winter Creek culvert replacement project; to authorize the Chair to sign all pertinent documents; and Public Works to advertise, set bid opening date/time, award contract, and any change orders. The contract award will be announced during a regular meeting of the Board. (Exhibit B, Resolution No.) 8.7 Approval of the January 1, 2022 through December 31, 2024 Collective Bargaining Agreement (CBA) for Teamsters Union Local No. 252 representing Mason County Appraiser’s Unit with retro to June 1, 2022. 8.8 Approval of the Effective Upon Ratification through December 31, 2024 CBA for Teamsters Union Local No. 252 representing Mason County Prosecutor’s Clerical Unit. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.8. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:31 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Cassidy Perkins Ext. 419 Department: Support Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.1 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8090404-8090482 $ 1,382,498.62 Direct Deposit Fund Warrant # 90043-90433 $ 765,570.75 Salary Clearing Fund Warrant # 7006877-7006912 $ 1,025,200.90 Treasurer Electronic Remittance $ Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 30,272,773.88 Direct Deposit YTD total $ 13,516,033.20 Salary Clearing YTD total $ 13,781,926.95 Approval of Treasurer Electronic Remittances YTD total $ 7,623,876.93 Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachments: Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: Lisa Frazier Ext. 484 Department: Treasurer's Office Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 19, 2022 Agenda Date: September 27, 2022 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.2 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. 2022-060 Contract No. __________ County Code: __________ Item: Resolution to Cancel Outstanding Warrants Background/Executive Summary: RCW 39.56.040 states in part … “warrants not presented within one year of their issue shall be canceled by passage of a resolution of the governing body of the municipal corporation”. Annually the Treasurer’s Office reviews the county financial records to determine outstanding warrants that have not been presented for payment and creates a list. The list is then sent to the Auditor’s Financial Services for due diligence before presenting the list to the Commission for approval to cancel. Budget Impact (amount, funding source, budget amendment): $4,026.80 will be adjusted back to the cash balances for those funds for which the warrants were originally drawn. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution to Cancel Outstanding Warrants. Attachments: Resolution and Exhibit A RESOLUTION NO. _______________ CANCELLATION OF OUTSTANDING WARRANTS WHEREAS, RCW 39.56.040 states in part................ warrants not presented within in one year of their issue, shall be canceled by passage of a resolution of the governing body of the municipal corporations, and upon such notice of passage of such resolution the auditor of the municipal corporation and the treasurer of the municipal corporation shall transfer all records of such warrants so as to the funds as if such warrants had never been drawn. WHEREAS, approval of such resolution will allow the auditor and/or treasurer of such municipal corporation the authority to void the warrants as listed in Exhibit A and provide for in the process adjusted cash balances to those funds for which the warrants were originally drawn as required by RCW 39.56.040. WHEREAS, the County Auditor' s Office has finished their due diligence efforts and provided the Treasurer' s Office with an updated list of outstanding warrants to be voided. Such list has been attached as Exhibit A. NOW THEREFORE, BE IT RESOLVED that the Board of Mason County Commissioners hereby authorize the County Auditor's Office to void the outstanding warrants as set out in Exhibit A, attached pursuant to RCW 39.56.040. Dated this _______ day of _______________,2022. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney cc: Auditor Finance, Treasurer' s Office BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________________ Kevin Shutty, Chair _______________________________________ Sharon Trask, Vice Chair _______________________________________ Randy Neatherlin VOIDED COUNTY WARRANT REPORT EXHIBIT A 8073619 7/15/2020 $5.00 LUCAS MARX 8073943 8/5/2020 $144.60 GARY MATTSON 8073879 8/5/2020 $16.44 JESSICA PAULEY 8073881 8/5/2020 $10.35 NICK SHARON 8073880 8/5/2020 $10.00 JUSTIN HIEDEMAN 8074194 8/19/2020 $13.01 NADIA CARER 8074617 9/9/2020 $329.00 BRENDA HOUSE 8074837 9/16/2020 $86.41 BELFAIR WATER DISTRICT #1 8075571 11/4/2020 $117.50 WASHINTON STATE DEPARTMENT OF LICENSING 8075775 11/10/2020 $3.00 COLTON BRADBURY 8075941 11/18/2020 $47.49 COLEMAN, MICHAEL F 8075967 11/18/2020 $48.41 PYLE, JUSTIN THOMAS 8076529 12/16/2020 $27.14 CHATFIELD, ROBERT LEE 8076546 12/16/2020 $31.39 FARMER, MICHELLE MARIE 8076548 12/16/2020 $63.92 FLOREK, JEFFREY ALLEN 8076555 12/16/2020 $21.62 GLEASON, SEAMUS PATRICK 8076594 12/16/2020 $20.92 MILLER, AARON NELSON 8076596 12/16/2020 $34.04 MORGAN, JANET ELAINE 8076604 12/16/2020 $10.69 NORTHUP, JEREMIAH MICHAEL 8076616 12/16/2020 $11.50 REYES, ROLANDO 8076627 12/16/2020 $11.27 SEXTON, JAMES ARNOLD 8076638 12/16/2020 $22.19 TEBBS, MARLIE S 8076639 12/16/2020 $41.05 THOMPSON, JOSEPH PATRICK 8076980 1/6/2021 $30.01 EARL, KATHLEEN S 8076982 1/6/2021 $38.64 FORBES, LESLIE L 8076993 1/6/2021 $23.45 OLSON, JAMES CHRISTOPHER 8077307 1/21/2021 $25.68 TED LEE DAHM 8077474 2/2/2021 $103.50 GAMMA SECURITY GROUP, PLLC 8077634 2/10/2021 $10.00 DERIK A SUCHOKI 8077635 2/10/2021 $10.00 ELAINE ANGEL CULTEE 8077637 2/10/2021 $33.63 ALLEN, BRANDON LEE 8077672 2/10/2021 $24.34 GARNER, LISA MARIE 8077694 2/10/2021 $10.67 LOFGREN, INER LEE CECIL 8077716 2/10/2021 $26.46 ROBERTS, BABETTE A 8077724 2/10/2021 $57.04 SCHUREMAN, NICHOLAS FORD 8077744 2/10/2021 $15.60 WHITE, TIMOTHY JORDAN 8077748 2/10/2021 $14.59 WINKOWSKI, JOHN JAMES 8078599 3/24/2021 $34.53 BLACK, ANGELA M 8078637 3/24/2021 $16.50 JOHNSON, JENNIFER MARLENE 8078651 3/24/2021 $31.39 LUNDBERG, LARS T 8078672 3/24/2021 $16.72 RICKARD, LONNI LYNN 8078677 3/24/2021 $23.14 SELZLER, STEVEN ALLEN 8078689 3/24/2021 $11.57 TOWNSEND, NATOSHA NICOLE 8078697 3/24/2021 $35.68 WALLENCHECK, KIMBERLY J 8079179 4/15/2021 $17.84 ARKIN, PHILLIP K 8079212 4/15/2021 $10.00 COPPINGER, KIM TERESE 8079237 4/15/2021 $30.75 GODDARD, CURTIS FRED 8079250 4/15/2021 $12.02 HOOVER, RONALD VICTOR EDWA 8079257 4/15/2021 $30.94 JANKOWSKI, JON PATRICK 8079263 4/15/2021 $39.12 KAYE, TRISTON JAMES 8079267 4/15/2021 $18.62 LANDSIEDEL, HALEY LYNN 8079276 4/15/2021 $11.46 LUND, JUANITA GUIJOSA 8079281 4/15/2021 $38.90 MATTHEWS, JOSHUA ALLEN 8079288 4/15/2021 $49.87 MILLER, DAVID CRAWFORD 8079297 4/15/2021 $13.14 O'CONNOR, ARTHUR JOHN 8079302 4/15/2021 $33.86 PARKINSON, SHAUN EDWIN 8079306 4/15/2021 $30.98 PETROSKI, BRIANA L 8079318 4/15/2021 $63.01 ROBINSON, LEILANI RAE 8079348 4/15/2021 $23.44 TESTER, MOLLY DANIELLE 8079354 4/15/2021 $21.79 VAN GUNDY, ROBERT J 8079357 4/15/2021 $17.84 WALLENCHECK, RONALD J 8079358 4/15/2021 $14.03 WARREN, DANIELLE ANN 8079768 5/6/2021 $12.02 BENEDICT, KAYLEE RENEE' 8079778 5/6/2021 $11.68 BLUSH, PAULA S 8079784 5/6/2021 $17.62 BOYER, KYLE WESLEY KATONA 8079802 5/6/2021 $34.75 CASANOVA, ADAM JACOB 8079806 5/6/2021 $40.58 CHACON, JAVIER VAUGHN 8079813 5/6/2021 $13.92 CONTRERAS, EFRAIN 8079832 5/6/2021 $21.79 DEPOE, DEE A 8079848 5/6/2021 $34.30 FAGAN, SHELLY R 8079877 5/6/2021 $31.39 GONZALEZ, ERICK MARTIN 8079879 5/6/2021 $52.26 GRAHAM, ANDREW JAMES 8079885 5/6/2021 $205.68 GUIDRY, NATHAN JAMES 8079895 5/6/2021 $19.86 HASSETT, RICHARD BLAIR 8079913 5/6/2021 $43.82 JACOBSON, JESSE DAVID 8079916 5/6/2021 $10.90 JASKE, JENNIFER M 8079924 5/6/2021 $25.01 JOHNSON, KYLE ROLAND 8079931 5/6/2021 $49.76 JONES-FRIEND, KAI SKYLER 8079961 5/6/2021 $14.14 LEHMANN-BOWER, RENA LU 8079973 5/6/2021 $22.91 LUND, CHRISTOPHER JEFFREY 8079977 5/6/2021 $32.85 MARBELLA, VINCENT 8079980 5/6/2021 $23.22 MARSH, GABRIELE 8080001 5/6/2021 $10.90 MILLER, JOSHUA JOSEPH 8080011 5/6/2021 $77.12 MINDER, BRITTANY A 8080014 5/6/2021 $12.69 MOJICA LOPEZ, ANDREA 8080024 5/6/2021 $11.01 MULLINS, JERRY FLOYD 8080028 5/6/2021 $39.34 NASTO, SEAN A 8080073 5/6/2021 $22.54 RICKERT, ABIGAIL CHRISTINE 8080079 5/6/2021 $10.67 RUYLE, ANGELA MARIE 8080087 5/6/2021 $53.89 SCHLAUDERAFF, PAMELA J HUN 8080101 5/6/2021 $16.72 SMITH, ERIC MATTHEW 8080105 5/6/2021 $30.16 SPRINGS, ROLENE YVONNE 8080111 5/6/2021 $12.13 STEWART, ZACHARY R 8080123 5/6/2021 $24.00 TRACY, IAN EDRICK HOTON 8080165 5/6/2021 $32.06 ZAMZOW, WILLIAM C 8080289 5/19/2021 $10.00 CHRIS HECKERMAN 8080533 5/28/2021 $48.08 GABREAL BRAXTON 8080556 6/1/2021 $11.34 ADICKS, VINCENT KYLE 8080560 6/1/2021 $12.13 ANDERSON, ANDREW FRANKLIN 8080594 6/1/2021 $38.34 BURMASTER, DAVID SCOTT 8080600 6/1/2021 $17.06 CARTER, NICHOLAS R 8080603 6/1/2021 $10.78 CHAPMAN, NATHANIEL WAYNE 8080607 6/1/2021 $20.86 CHURCHFIELD, JAMES EDWARD 8080609 6/1/2021 $31.50 CLOWERS, JOSHUA TIPTON 8080610 6/1/2021 $26.50 COBAIN, DANIEL JOSEPH 8080626 6/1/2021 $23.44 DINGUSS, SHERRIE K 8080639 6/1/2021 $18.85 FENDER, JAMES CRAIG 8080643 6/1/2021 $22.66 GAA, PAUL CHRISTOPHER 8080647 6/1/2021 $18.74 GARRETT, THERESA CHRISTINE 8080653 6/1/2021 $31.95 HACKNEY, RYAN KEE 8080654 6/1/2021 $27.25 HAMPTON, PAUL ALAN 8080667 6/1/2021 $31.06 HILL, RONALD GEORGE 8080674 6/1/2021 $26.58 HUSSEY, DUSTIN RAY ALBERT 8080679 6/1/2021 $27.14 ISBELL, ROBERT B 8080689 6/1/2021 $11.68 JOSEPH, AARON DANIEL 8080691 6/1/2021 $12.69 KAAS, SHEENA SUZANNE 8080713 6/1/2021 $78.69 LOMKER, SARA ELIZABETH 8080730 6/1/2021 $23.44 MILLER, MARJORIE S 8080745 6/1/2021 $12.24 NUXOLL, JEFFERY RYAN 8080753 6/1/2021 $28.82 PHELAN, RYDER D 8080768 6/1/2021 $40.02 ROBINS, JOHANNA JEAN 8080780 6/1/2021 $11.90 SCHMID, ESTIE CASSANDRA 8080823 6/1/2021 $18.18 WHITENER, JOHN BRADY 8080880 6/2/2021 $25.30 JULIE KALKSTINE 8080883 6/2/2021 $20.20 LAURA MCTIMPENY 8080891 6/2/2021 $10.00 SKYLA OLSOE 8080887 6/2/2021 $10.00 MICK SCHEINOST TOTAL: $4,026.80 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Diane Zoren Ext. 747 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 19, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.3 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. 19-091 County Code: __________ Item: Renew the contract with MasonWebTV for live video streaming and video recording services for Commission meetings Background/Executive Summary: MasonWebTV has provided live video streaming and video recording services since 2017. The proposed rate in the 2023 contract for briefings, regular Commission meetings and special Commission meetings in Belfair is $100 for the first hour; for special meetings held in other locations, the rate is $125 for the first hour. The rate for each additional hour is $50. Staff is recommending a 2-year contract with an option for a 2-year extension for a total of four years. Budget Impact $8,000 is budgeted in the 2023 preliminary budget; suggest this budget be increased to $12,500 if contract terms are acceptable Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to renew the contract with MasonWebTV for live video streaming and video recording services for Commission meetings. Attachments: Contract Page 1 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and MasonWebTV.com, hereinafter referred to as "MWTV.” RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide live video streaming services (Streaming Services)for regular Mason County Commission and Board of Health meetings; and WHEREAS, MWTV warrants that it is qualified and competent to render the Streaming Services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: General Conditions Scope of Services: The MWTV agrees to provide to 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 the COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT is January 1, 2023 to December 31, 2024. Term: Services provided by MWTV prior to or after the term of this CONTRACT shall be performed at the expense of MWTV and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of two years, and for a total of no longer than four years. Compensation: For the 2023-2024 contract term, the rate per meeting is $100 for the first hour for briefings, regular business meetings and special meetings held in the County Commission Chambers in Shelton and in the North Mason School District Boardroom in Belfair. For special meetings held in other locations, the rate per meeting is $125 for the first hour. The rate for each additional hour is $50. Compensation rates will be negotiated if and when the contract is extended. A $50 charge may be charged if MasonWebTV is asked to provide a sound system/public address system to amplify sound during the meeting. Streaming Services may be provided at additional meetings as agreed to by both PARTIES at the above rates. Mason County Board of Health meetings will be streamed/recorded at no charge. Page 2 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx Accounting and Payment for MWTV Services: The COUNTY will remit funds to MWTV as invoiced for Streaming Services at the above rates within 30 days of receiving an acceptable invoice. The invoice shall include at a minimum, the name of company, remittance address, DUNS and EIN number, contact name, phone number and e-mail and actual number of meetings, length of meeting, when services were provided. Invoices will be submitted monthly and at a minimum, shall be submitted quarterly for payment. Unless approved in writing in advance by the official executing this CONTRACT for the COUNTY or their designee (hereinafter referred to as the "Administrative Officer") the COUNTY will not reimburse MWTV any costs or expenses incurred by the MWTV in the performance of this CONTRACT. Taxes: MWTV understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, MWTV authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by MWTV 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 MWTV to make the necessary estimated tax payments throughout the year, if any, and MWTV is solely liable for any tax obligation arising from the MWTV's performance of this CONTRACT. MWTV hereby agrees to indemnify the COUNTY against any demand to pay taxes arising from the MWTV'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. MWTV must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on MWTV's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. Withholding Payment: In the event MWTV 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 MWTV, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling MWTV to termination or damages, provided that COUNTY promptly gives notice in writing to MWTV 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 MWTV 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 MWTV 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 MWTV, (3) to set off any amount so paid or incurred from amounts due or to become due MWTV. In the event MWTV obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to MWTV by reason of good faith withholding by COUNTY under this clause. Labor Standards: Page 3 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx MWTV 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. Independent Contractor: MWTV's services shall be furnished by MWTV 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 MWTV as an independent contractor. MWTV acknowledges that the entire compensation for this CONTRACT is specified above, Compensation, and MWTV 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. MWTV 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. MWTV 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. Both parties agree that, as an independent contractor, MWTV is not prohibited from pursuing additional advertisers or sponsors to offset costs of providing services. Advertising on the Mason County Commission streaming page containing the following content will not be permitted: • Obscene or indecent • Discriminatory • Religious • Political • Public Issue In addition, advertising that depicts or promotes the following products, services or other material will not be permitted: • Tobacco, liquor, or recreational drug products • Films rated “X” or “NC-17” and video games rated “A” or “M”, or comparable industry standards • Adult book / video stores, adult Internet sites, adult telephone services, escort services and adult entertainment establishments • Any material that is false, fraudulent, misleading, deceptive or would constitute a tort of defamation or invasion of privacy • Any material that is so objectionable that under contemporary community standards as to be reasonably foreseeable that it will result in harm to, disruption of, or interference with a transportation system Page 4 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx • Any material directed at a person or group that is so insulting, degrading or offensive as to be reasonably foreseeable that it will incite or produce imminent lawless action in the form of retaliation, vandalism or other breach of public safety, peace and order Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by MWTV. 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. No Guarantee of Employment: The performance of all or part of this CONTRACT by MWTV shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of MWTV or any employee of MWTV or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, MWTV 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 MWTV 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 MWTV 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. MWTV 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 MWTV is governed by such laws, MWTV 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, MWTV 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. Page 5 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx Non-Discrimination in Client Services: MWTV 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: MWTV 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 MWTV 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. Ownership of Items Produced: When MWTV creates any copyrightable materials or invents any patentable property in connection with performance of this CONTRACT, MWTV may copyright or patent the same, but COUNTY retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. MWTV further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Patent/Copyright Infringement: MWTV 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. MWTV 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. MWTV shall be notified promptly in writing by COUNTY of any notice of such claim. B. MWTV 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: MWTV, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by MWTV 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. MWTV shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. MWTV 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 MWTV'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 Page 6 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx 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. MWTV 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. MWTV 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 MWTV, then MWTV agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, MWTV shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, MWTV 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 MWTV. This waiver is mutually negotiated by the parties to this CONTRACT. MWTV Commitments, Warranties and Representations: Any written commitment received from MWTV concerning this CONTRACT shall be binding upon MWTV, unless otherwise specifically provided herein with reference to this paragraph. Failure of MWTV to fulfill such a commitment shall render MWTV 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 MWTV. To the fullest extent permitted by law, MWTV 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 therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of MWTV, its employees, agents or volunteers or 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 MWTV’s or its subcontractors’ use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of Page 7 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx MWTV 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 MWTV 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 MWTV hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of MWTV are a material inducement to COUNTY to enter into this CONTRACT, are reflected in MW TV’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 MWTV’s indemnity obligations under this CONTRACT. Survival of MWTV’s Indemnity Obligations. MWTV agrees all MWTV’s indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event MWTV enters into subcontracts to the extent allowed under this CONTRACT, MWTV's subcontractors shall indemnify COUNTY on a basis equal to or exceeding MWTV’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. MWTV 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 of Contract: COUNTY hereby appoints, and MWTV hereby accepts, the Mason County Administrative Services Manager 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: Diane Zoren, Administrative Services Manager 411 North 5th Street Shelton, WA 98584 MWTV's Primary Contact's Information: Dedrick Allan dedrickallan@hcc.net 360-229-2234 Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by MWTV to COUNTY’s Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, Page 8 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx 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 MWTV 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 MWTV in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, MWTV 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 MWTV. MWTV 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 MWTV 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, MWTV 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, MWTV 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 MWTV 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 Page 9 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx 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. MWTV 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 MWTV 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 MWTV 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. MWTV 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. MWTV 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, MWTV has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 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. 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 Page 10 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx 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. T he 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 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. Special Conditions D. General Conditions 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 MWTV have executed this CONTRACT as of the date and year last written below. MasonWebTV BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ ____________________________________ Dedrick Allan Kevin Shutty, Chair Dated: _____________________________ Dated: _____________________________ APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief DPA Page 11 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx EXHIBIT A SCOPE OF SERVICES 1. County will provide access to the County’s internet connection and necessary passwords for connectivity. If a connection is not available, MWTV will utilize a mobile broadband device provided sufficient signal is available. If sufficient connection and/or signal are not available, MWTV will take all efforts to record the meeting and post the video to the web in a timely manner. 2. MWTV will utilize a minimum of one camera (provided by MWTV), a connection to the existing sound system in the Commission Chambers, and other microphones and equipment as needed (provided by MWTV). 3. MWTV may utilize additional microphones and other necessary equipment to better provide the public access to pictures, maps and charts. County staff will make those documents available to MWTV prior to the meeting for inclusion in the webcast. 4. MWTV will send a video and audio feed to YouTube that the County, MasonWebTV.com, Hood Canal Communications, the public and others can embed on their websites. Hood Canal Communications will also utilize this feed for broadcasting on their Local Channel. 5. MWTV shall provide available analytical information (number of users viewing video live and recorded, length of time of viewing, etc.) to the County every quarter. This information shall be used for performance review. 6. MWTV reserves the right to stream or record other Mason County Commission meetings utilizing the same internet connection and connection to the existing sound system without additional cost to the County. 7. County will provide MWTV access to meeting venue one hour prior to meeting time for set up and allow ample time for breakdown after meeting conclusion. 8. County will provide MWTV advance notification if a presentation will be made utilizing electronic means (Powerpoint or video to the monitor) in order to include the presentation in the video/stream. That notification should be at least one day prior to the meeting and presenters should arrive a mimimum of 30 minutes before the meeting time to be certain they are accommodated and the presentation is compatible with existing systems. Page 12 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx 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. 2. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for 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. This requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If MWTV or MWTV’s employees will use personal autos in any way on this project, MWTV shall obtain evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of MWTV, sub-contractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. MWTV 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. MWTV also agrees to require all contractors, sub-contractors and anyone else involved in this CONTRACT on behalf of MWTV (hereinafter “indemnifying parties”) to comply with these provisions. 2. MWTV 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 MWTV or required of others by MWTV 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. Page 13 of 13 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\MasonWebTV Streaming Services CONTRACT FOR 2023 TERM.docx 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. MWTV shall not make any reductions in scope or limits of coverage that may affect COUNTY’s protection without COUNTY’s prior written consent. 5. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, 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 MWTV or deducted from sums due MWTV. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by MWTV 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. MWTV 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 MWTV’s existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with MWTV, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. MWTV 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. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by MWTV or any sub-contractor is intended to apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Diane Zoren Ext. 747 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 19, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other –County Administrator (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.4 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. 22-065 County Code: __________ Item: Amended agreement with MUNICODE to include pricing for an annual flat rate for the County Code supplementation services Background/Executive Summary: Mason County contracts with MUNICODE to host and maintain our County Code. The current billing is a per page method ($20.50 per page). The billing is changing to an annual flat rate in 2023 and if the County makes the shift in 2022, we will receive a 20% discount. The 2023 annual flat rate will be $6,475 less a 20% discount plus a $950 hosting fee (hosting fee remains the same and discount doesn’t apply). The annual supplement flat fee is based on historical costs for code updates and there are certain services that are not included in this flat fee – see page 6 of the agreement. Budget Impact (amount, funding source, budget amendment): The 2022 budget for Codification is $8000 and to-date we have spent $11,403. The 2023 preliminary budget is $20,000 for Codification. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to place the amended agreement with MUNICODE to include pricing for an annual flat rate for the County Code supplementation services on the September 27 agenda. Attachments: Amended Statement of Work 8/22/2022 Diane Zoren Assistant to the County Administrator dlz@co.mason.wa.us Diane Zoren: Thank you for your continued loyalty and business throughout the years! We are excited to offer an annual rate for supplementation services. We have included a discount of 20% for year one if you elect to adopt this new billing model within the calendar year of 2022! The purpose of this amendment is to modify our current agreement to include pricing for an annual flat rate for the supplementation services in which you are currently enrolled. This annual rate will simplify your budget process, empower you to update your code regularly, provide reassurance that there are no hidden fees and allow for a simplified way to explain the entire supplementation process to staff. If you elect the flat annual supplementation rate, we have also included additional discounted offerings for Municode Meetings or CivicClerk. With over 70 years of experience, Municode is the oldest and most trusted codifier in the nation. We currently provide codification services to over 4,200 municipalities throughout the United States and host nearly 4,000 municipal codes online via our code hosting platform, MunicodeNEXT. We are extremely excited to have recently joined forces with CivicPlus, the nation’s premier provider of integrated government technology solutions! CivicPlus shares our vision of strengthening democracy by connecting municipalities with their citizens in new, powerful, and meaningful ways. Please let us know if you have any questions – we would love to discuss the many advantages this new billing model provides to our customers! Sylvana Satterfield – Client Success Manager Email: tsatterfield@civicplus.com Sincerely, V. PD 06.01.2015-0048 Page 1 of 10 CONTRACT ADDENDUM TO SUPPLEMENT BILLING Supplement Service* Historically supplementation has been invoiced on a per page amended basis. This billing model often causes difficulties establishing an annual budget and approving costs for each scheduled supplement. Transitioning to a fixed annual supplement billing model can provide the following benefits: 1. Easier Budgeting Process: With an annual fee, you will be able to easily budget for your supplementation cost. No more guessing or estimating how many ordinances your council or commission will pass. 2. Removal of supplement estimates: Under this model we can remove the estimate process per supplement allowing for our editorial staff to start the process sooner vs. waiting on approval for a supplement. 3. Increased Transparency: With this new model, you will not need to worry about how many ordinances you send to us for supplementation. With a few exceptions, such as full chapter replacements and/or the addition of new zoning codes, your annual fee is fixed, allowing you to send in as many ordinances as you would like. Over the years, we have found that many of our customers don’t send all their ordinances so that they can save on the cost of supplementation. Our new approach will ensure that your code is always up to date for you and your residents. 4. Create billing efficiencies: Less invoices to process annually. No more counting pages or trying to reconcile your bill with your supplements. 5. Simplify: Training new team members and explaining supplementation to staff will be simplified.| 6. First Year Discount: To ease the transition to an annual fee, we would like to work with you to reduce the cost of your first year of supplementation by 20%. 7. Discounts on Additional CivicPlus Products: If you can work with us in 2022 to make the shift, our team will also be empowered to offer you a 50% discount on the first-year hosting and support cost on any new subscriptions to our Meeting and Agenda Management software solutions, Municode Meetings and CivicClerk. *All recurring services under this contract will be subject to a 5% annual increase each renewal term. Sales tax will be applied where applicable. V. PD 06.01.2015-0048 Page 2 of 10 Annual Fees: the annual billing month will be established upon final approval. Supplementation annual fee: USD 6,475.00 To provide full transparency, we have provided a historical breakdown of the costs associated with your supplementation that will be built into your fixed annual fee. The recommended annual supplement fee is based on this historical breakdown of billing. We will maintain your current supplement schedule. Line Item – Code of Ordinances 2017 2018 2019 2020 2021 Supplement charges ($20.50 per page)$7585 $3116 $7503 $4592 $5084 Images, Graphics, Tabular Matter ($10 each)$765 $165 $765 $150 $45 Administrative Support Fee $475 $475 $475 $475 $475 Freight $48 $35 $78 $69 $0 Folio/PDF/WORD $0 $0 $0 $0 $0 Color printing $0 $0 $0 $0 $0 Totals $8873 $3791 $8821 $5286 $5604 Historical Average USD 6,475.00 V. PD 06.01.2015-0048 Page 3 of 10 Annual Supplement Fee: USD 6,475.00 annually • First 12 months of service will receive a 20% discount if approved in 2022 • We will maintain your current supplement schedule. • Upgrades to your Full Service Plus supplement schedule will be pro-rated, then added to the annual fee. The Municipality is currently enrolled in Monthly Supplement. Annual rate above includes: • Annual fee includes the supplementation of legislation permanent and general in nature. Omitted legislation is not included in annual fee. • Acknowledgement of material • Editorial work • Proofreading • Updating the index • Updating online code upon completion of each supplement • Printing* 9 copies per “print” schedule enrolled in • Freight for supplements • Images, Graphics & tabular matter. Annual rate above excludes: • Additional copies, reprints, binders and tab orders • Legal work, creation of fee schedules, gender neutral review/implementation, external linking • Codifying complete replacement of complex subject matter such as, but not limited to, Zoning (or equivalent). This work is subject to a one-time editorial conversion fee and an increase in the annual supplement rate and online hosting fee(s). Quote provided upon receipt of material. • Codifying a newly adopted full Chapter/Title/Appendix. This may be subject to a one-time additional editorial fee and an increase in the annual supplement rate and online hosting fee(s). Material to be reviewed upon receipt. • Codifying a newly adopted term change legislation. This may be subject to a one-time additional editorial fee. Material to be reviewed upon receipt. • The addition of Manuals, Policies, Procedures, Comprehensive Plans, Land Use, Unified Codes, Zoning (or equivalent). Quotation upon request. • Online Code hosting and online features. Invoices for Supplements will be submitted annually. Additional services added throughout the term will be pro-rated added to the annual fee. The annual billing month will be established upon signing of the Statement of Work. *Color printing and an increase in the desired number of supplement hard copies will result in an increase in the annual fee. V. PD 06.01.2015-0048 Page 4 of 10 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Quote #:Q-28377-1 Date:8/17/2022 10:05 PM Expires On:12/31/2022 Product:Codification - Supplements Client: Mason County WA - Code and Supp Bill To: Mason County WA - Code and Supp SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Sylvana Satterfield x tsatterfield@civicplus.com Net 30 Annual Supplements - Statement of Work QTY DESCRIPTION PRODUCT TYPE 1.00 Full-Service Plus Supplementation Subscription Renewable 1.00 Year 1 Annual Fee Discount Renewable 1.00 Online Supplementation will begin with the ordinances received on a monthly basis.Renewable 1.00 Print Supplementation will begin with the ordinances received from the municipality on a quarterly basis. Renewable 1.00 Printed Copies and Freight Included - 9 Renewable Annual Recurring Supplement Services 6,475.00 1. This Statement of Work ("SOW") is between the Mason County Washington (“Client”) and Municode, LLC, a wholly owned subsidiary of CivicPlus, LLC (collectively, the “Service Provider”), and shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at https://www.civicplus.com/master-services-agreement (“MSA”). By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW. 2. At any time during the Term of this Agreement, Municode may assign its rights and obligations under this Agreement to CivicPlus, upon giving written notice to the Client. In the event of such assignment by Municode, CivicPlus shall be the sole performing party under this Agreement to the same extent as Municode prior to making such assignment. 3. This SOW shall remain in effect for an initial term (“Initial Term”) starting at signing and running through the following Renewal Date (as defined below). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 4. If Client elects, by selecting the “Start at Signing” option below, the Initial Term’s Annual Recurring Supplement Services will be invoiced upon the signing of this SOW and may be prorated to align with Client’s Renewal Date. If Client V. PD 06.01.2015-0048 Page 5 of 10 elects, by selecting the “Start at Renewal Date” option below, the Initial Term’s Annual Recurring Supplement Services will be invoiced upon the Renewal Date and Client shall continue to be billed at their current per page rate and use terms set for the in the original supplements agreement between Client and Municode. The full Annual Recurring Supplement Services shall be invoiced each Renewal Date and shall be subject to a 5% annual increase each Renewal Term, starting on the second anniversary of the Renewal Date. Client will pay all invoices within 30 days of the date of such invoice. Additional services added throughout the Term will be pro-rated then added to the Annual Recurring Services fee. 5. If Client signs this SOW in 2022, Client will receive a 20% discount on the first twelve months of service. 6. Annual Recurring Supplement Services does NOT include: • Additional copies, reprints, binders and tab orders; • Documents that contain tables, graphics, unique formatting requirements, or any other form-based code requirements; • Legal work, creation of fee schedules, gender neutral review/implementation, external linking; • Codifying complete replacement of complex subject matter such as, but not limited to, Zoning (or equivalent). This work is subject to a one-time editorial conversion fee and an increase in the annual supplement rate and online hosting fee(s). Quote provided upon receipt of material; • Codifying a newly adopted full Chapter/Title/Appendix. This may be subject to a one-time additional editorial fee and an increase in the annual supplement rate and online hosting fee(s). Material to be reviewed upon receipt; • Codifying a newly adopted term change legislation. This may be subject to a one-time additional editorial fee. Material to be reviewed upon receipt; • The addition of Manuals, Policies, Procedures, Comprehensive Plans, Land Use, Unified Codes, Zoning (or equivalent). Quotation upon request; and • Online Code hosting and online features. 7. Client acknowledges that Service Provider may continually develop, alter, deliver, and provide to the Client ongoing innovation to the services, in the form of new features, functionality, and efficiencies. Accordingly, Service Provider reserves the right to modify the services from time to time. Any modifications or improvements to the services listed on the SOW will be provided to the Client at no additional charge. In the event that Service Provider creates new products or enhancements to the Services (“New Services”), and Client desires these New Services, then Client will have to pay Service Provider the appropriate fee for the access to and use of the New Services. 8. Client agrees to provide all necessary and correct documentation, materials and communication in a timely manner as agreed upon by the Parties following execution of this SOW and acknowledges Service Provider shall not begin work under this SOW until all necessary documentation, materials and communication is received. 9. Client acknowledges Service Provider reserves the right to ship and close out any project if no feedback to the proofs is received within 45 days. 10. Client acknowledges Service Provider does not permanently retain prior versions of the Client’s legal code or any other work product. 11. Additional services, including but not limited to additional labor required because of delays, errors or omissions on the part of Client, may be purchased upon mutual written agreement between the Parties. V. PD 06.01.2015-0048 Page 6 of 10 12. Client acknowledges that Service Provider may provide legal analysis through codification, recodification or legal review services. Unless indicated otherwise, information sent via Internet email or through our websites cannot be guaranteed to be confidential. Client further acknowledges that any legal analysis provided by Service Provider is provided to Client’s legal counsel for their use and direction. However, Client agrees the services provided for herein do not review legal codes for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about Client’s legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of any particular situation or establish an attorney-client relationship. Service Provider is not a law firm and may not perform services performed by an attorney, and the services contemplated herein do not constitute a substitute for the advice or services of an attorney. 13. The Parties agree that Section 15 of the MSA shall not apply to public interpretation of legal code or work product. Service Provider shall not be responsible for the legal sufficiency or copyright infringement of any material initially or subsequently published. 14. In the event Client wishes to increase its Supplement Updates frequency, Client agrees to pay an annual increase in an amount to be agreed upon between the parties, such amount to be prorated from the time of purchase to align with Client’s Renewal Date. Client shall provide CivicPlus with written notice, email is sufficient, of its intent to acquire such services. Rush Supplement requests will be assessed an additional one-time fee. 15. The Annual Recurring Supplement Services fee quoted in this SOW is exclusive of Client’s existing annual fees, which may include, without limitation, Online Hosting Annual Fees, OrdBank, OrdLink, MunicDocs, SLR Linking, or other annual fee (“Existing Annual Fees”). Client understands and agrees the Existing Annual Fees will be invoiced by CivicPlus in their current renewal month previously established with Municode unless specifically added to this SOW in a line item above. V. PD 06.01.2015-0048 Page 7 of 10 CLIENT TO FILL OUT THE FOLLOWING SECTION. PLEASE DO NOT LEAVE BLANK: Clients selected billing and renewal month: _January 2023_________________________________________ (the “Renewal Date”). If this section is left empty, Client’s Renewal Date shall be the date of signing this SOW. You must select ONE of the following options. If this section is left blank or both options are selected, the Annual Recurring Supplement Services will Start at Signing. Start at Signing – As set forth in Section 4 above, by selecting this option, Client agrees to start the Annual Recurring Supplement Services upon signing this SOW, such fee to be prorated to align with Clients selected Renewal Date. For the sake of clarity, Client will no longer be billed the per page rate upon signing. Start at Renewal Date - As set forth in Section 4 above, by selecting this option, Client agrees to continue paying the per page rate previously agreed upon in the original supplements agreement with Municode until the first Renewal Date, as selected by Client above. Upon the first Renewal Date, Client will be invoiced the total Annual Recurring Supplement Services. V. PD 06.01.2015-0048 Page 8 of 10 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the MSA terms and conditions found at: https://www.civicplus.com/master-services-agreement. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. CivicPlus By: ___________________________________ Name: ___________________________________ Title: ___________________________________ Client By: ___________________________________ Name: Kevin Shutty Title: Chair ___________________________________ Date: ___________________________________Date: ___________________________________ V. PD 06.01.2015-0048 Page 9 of 10 Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization Mason County URL https://masoncountywa.gov/ ________________________________________________________________________________________________________________________ Street Address 411 North 5th Street ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City Shelton State WA Postal Code 98584 ________________________________________________________________________________________________________________________ CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone Diane Zoren - 360-427-9670 ext. 747 ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Billing Contact Diane Zoren E-Mail dlz@masoncountywa.gov ________________________________________________________________________________________________________________________ Phone 360-427-9670 Ext. 747 Fax 360-427-8425 ________________________________________________________________________________________________________________________ Billing Address 411 North 5th Street ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City Shelton State WA Postal Code 98584 ________________________________________________________________________________________________________________________ Tax ID #Sales Tax Exempt # ________________________________________________________________________________________________________________________ Billing Terms Account Rep ________________________________________________________________________________________________________________________ Info Required on Invoice (PO or Job #) ________________________________________________________________________________________________________________________ Are you utilizing any external funding for your project (ex. FEMA, CARES):Y [] or N [x ] Please list all external sources: _______________________________________________________________________________________________ Contract Contact Diane Zoren Email dlz@masoncountywa.gov ________________________________________________________________________________________________________________________ Phone 360-427-9670 Ext. 747 Fax 360-427-8425 ________________________________________________________________________________________________________________________ Project Contact same as above Email ________________________________________________________________________________________________________________________ Phone Ext.Fax ________________________________________________________________________________________________________________________ V. PD 06.01.2015-0048 Page 10 of 10 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Diane Zoren Ext. 747 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 19, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other Below for Clerk of the Board’s Use Only: Item Number: 8.5 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Fill vacant spender position on the Mason County Lodging Tax Advisory Committee Background/Executive Summary: Mason County Code Chapter 2.96.030 – LTAC Composition The lodging tax advisory committee shall consist of at least five members appointed by the board of Mason County commissioners. The committee shall include: at least two representatives of businesses that are required to collect the lodging tax; at least two members who are persons involved in activities that are authorized to be funded by lodging tax revenue; and one Mason County commissioner who shall serve as the chair of the lodging tax advisory committee. Heidi McCutcheon has represented the Shelton Chamber of Commerce on the LTAC; Heidi has resigned from the Chamber and Deidre Peterson has applied to serve on the committee. Current members: Generators – Shaun Tucker; Greg Oldham Spenders – Pam Volz, Duane Wilson, vacancy Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): None Mason County Agenda Request Form Requested Action: Approval to appoint Deidre Peterson to represent the Shelton Chamber of Commerce on the Mason County Lodging Tax Advisory Committee. Attachments: Application Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 19, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☒ Risk ☐ Information Technology ☐Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.6 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. 2022-061 Contract No. __________ County Code: __________ Item: Re-organization of the Community Services Department into the Departments of Public Health and Human Services and Department of Community Development to include the position conversions of Community Services Administrator to Director of Community Development and the Director of Community Services to Director of Public Health and Human Services and updates the non-represented salary schedule to reflect the changes.\ Background/Executive Summary: The scope and body of work have changed in the Department of Community Services. Upon completion of position analyses and desk audits it is necessary to reorganize and split the department into two departments; the Department of Public Health and Human Services and the Department of Community Development. The Community Development Administrator shall become the Director of Community Development and the Director of Community Services shall become the Director of Health and Human Services. Budget Impact (amount, funding source, budget amendment): Supplemental – Funding by ending fund balance Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to amend Resolution No. 2022-002 to reorganize the Department of Community Services, update the Non-Represented employee salary table, and place the new Director of Community Development in Range 46 Step 2. Mason County Agenda Request Form Attachments: Draft Resolution amending Resolution 2022-002 Updated Non-Represented Employee Salary Table Position Descriptions for Director of Community Development and Director of Public Health and Human Services Page | 1 RESOLUTION NO. __________ AMENDING RESOLUTION NO. 2022-002 TO REORGANIZE THE DEPARTMENT OF COMMUNITY SERVICES, UPDATE THE NON-REPRESENTED EMPLOYEES SALARY TABLE. WHEREAS, RCW 36.16.070 states that … The Board shall fix the compensation of all employees…; WHEREAS, the scope and body of work have changed in the Department of Community Services, necessitating a reorganization into two departments; the Department of Public Health and Human Services and the Department of Community Development and; WHEREAS, the Community Development Administrator shall become the Director of Community Development and the Director of Community Services shall become the Director of Health and Human Services; NOW, THEREFORE BE IT RESOLVED, the Department of Community Services shall split and become the Department of Community Development and the Department of Health and Human Services; NOW, THEREFORE BE IT RESOLVED, the Community Development Administrator, Kell Rowen, shall become the Director of Community Development at a step 2 in range 46 and; NOW, THEREFORE BE IT RESOLVED, that the Board of County Commissioners does hereby revise the Non-Represented Salary Scale Range Alignment approving the newly created Director of Community Development and Director of Public Health and Human Services positions be added to the Non-Represented Salary Range Alignment scale at a range 46 and remove the positions of Community Development Administrator and Director of Community Services. (Attachment A) DATED this _____ day of September 2022. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ____________________________ Tim Whitehead, Chief DPA BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _________________________________ Randy Neatherlin, Chair _________________________________ Kevin Shutty, Commissioner Sharon Trask, Commissioner Attachment A Page | 1 of 2 NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 47 County Administrator 3601 46 Community Services Director Public Health and Human Services Director 1015 Public Works & Utilities Director 4005 Undersheriff 3000 Human Resources Director 2900 Community Development Director 44 Deputy Director Public Works/Utilities & Waste Mgmt. 4010 County Engineer 4008 43 Chief Public Defender 1160 Chief Criminal Deputy 3002 Chief Jail 3003 Chief Superior Court Administrator 4650 41 Jail Lieutenant 3005 Patrol Lieutenant TBD Chief District Court Administrator 1180 40 Engineering and Construction Manager 4030 Central Services Manager 1153 Community Development Administrator 39 Chief Finance Officer 2000 Budget & Finance Manager 1155 38 DEM/IT/Parks & Trails Manager 2059 Water & Wastewater Manager 4015 Chief Civil Deputy 3001 County Surveyor 4058 Facilities Manager 2058 35 District Court Administrator 1180 Juvenile Court Services Deputy Administrator 1052 34 Road Operations & Maintenance Manager 4021 33 Engineer III 4033 Personal Health Manager 2171 Environmental Health Manager 2169 32 Project Support Services Manager 4201 31 Public Works Finance Manager 2011 30 Engineering & Construction Assistant Manager 4029 Attachment A Page | 2 of 2 NON -REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 29 Equipment Maintenance Supervisor 4080 Finance Manager 2010 Road Operations & Maintenance Supervisor 4022 Chief Deputy Treasurer 1139 Human Resources/Risk Manager 1154 Chief Deputy Assessor 1099 Administrative Manager 2149 Chief Deputy Clerk 1108 Juvenile Detention Manager TBD 28 Engineer II 4032 27 Elections Superintendent 1080 26 Engineer I 4031 25 Program Manager I 2200 Therapeutic Court Program Manager 2199 23 Public Works Office Administrator 2045 21 Financial Analyst Risk & Safety Compliance Manager 1057 Personnel Analyst 1152 Noxious Weed Coordinator 2226 Personnel & Risk Analyst 20 Office Manager 2040 19 Official Court Recorder/Judicial Assistant 1193 Official Court Recorder/Family Law Facilitator 1192 Clerk of the Board/Records Specialist 1056 Administrative Clerk 1055 17 Administrative Assistant 1040 13 Administrative Secretary 1046 Legal Secretary 2152 Victim/Witness Advocate 2154 11 Senior Deputy Coroner 3071 10 Receptionist/Secretary 2041 Therapeutic Courts Caseworker 1185 1 Central Shop Assistant 4099 Est. 10.06.2020/Rev 1-4.28.2022(format)/Rev 9-5-2022 POSITION DESCRIPTION GENERAL DESCRIPTION: Plans, organizes and manages Planning, Building, Fire Marshal, and Permitting activities including long-range planning, land use permits, state environmental policy compliance, site inspections, code interpretations, permitting, building plan intake and review, and policy development. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Manages and coordinates the Community Development Division activities of staff by planning and organizing workloads and assignments, conducting performance evaluations, monitoring and resolving grievances and other personnel matters and providing training to employees to ensure services are provided in an efficient and timely manner by the department. Implements policies, procedures and performance standards to assure efficient and effective activities that follow county guidelines, goals and objectives, and federal, state and local laws and statues. Reviews and analyzes existing practices and procedures to recommend improvements and changes as warranted. Directs the preparation and administration of the Community Development budget based on staffing and resource requirements, cost estimates, objectives and goals. Monitors and documents expenditures assuring compliance with approved budget and staffing levels. Oversees the processing of land use permit applications, building permit applications, plan review and ensures provision of land use information and assistance to the public and developers. Reviews staff’s decisions on building permits for compliance with land use and building permit conditions. Manages long-range planning activities and coordinates the development of the County's Comprehensive Plan and related documents to ensure compliance with state and local laws and guidelines. Provides technical advice and assistance to County Commissioners, advisory committees and the general public regarding planning issues. Acts as a resource to staff and public for land use policies and procedures. Assures staff support for advisory committee activities by developing and maintaining systems that provide for the proper evaluation, control and documentation of assigned functions. Title: Community Development Director Department: Community Development Affiliation: Non-Represented Reports to: County Administrator Salary Range: 46 Supervises/Directs: Planning staff, Permit Center staff, Building Official and Fire Marshall Staff Risk Class: 5306-07 Job Class: 2070 Exempt: X Non-Exempt: Est. 10.06.2020/Rev 1-4.28.2022(format)/Rev 9-5-2022 Oversees and manages the utilization of outside contractors and consultants to ensure work is performed to standards developed by the County. Leads the development and maintenance of systems and detailed records, files, and logs on computerized and manual record keeping systems to ensure accurate and reliable statistical reports and to provide for proper evaluation, control and documentation of planning operations. Oversees the work of the division’s primary and alternate Public Records Officers. Provides final approval to sensitive permits issued by the County. OTHER JOB FUNCTIONS: Coordinates the resolution of inquiries, complaints, problems or emergencies affecting the availability or quality of services. Responds to sensitive or complex inquiries or service complaints. Punctual and reliable attendance. Performs all other duties, as required. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. May sit and stand for extended periods of time. Occasional travel is required. Duties are primarily performed in an of fice environment, but may require driving to meetings or on-site field inspections. QUALIFICATIONS: Knowledge of • Management and supervision principles and best practices. • Practices, principles and procedures of planning. • Fiscal management, to include, budget preparation, expenditure control and documentation. • Laws, rules and regulations applicable to building, planning and permitting. • State environmental planning regulations. Ability to • Interpret development codes and land use regulations. • Plan, organize and oversee assigned work programs, including monitoring work schedules and evaluation the work of employees. • Develop community development division program goals and objectives. • Analyze and evaluate operations and develop and implement corrective action to resolve problems. • Establish and maintain effective working relationships with employees, County Commissioners, other agencies and the general public. • Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues. • Physically perform the essential functions of the job. Est. 10.06.2020/Rev 1-4.28.2022(format)/Rev 9-5-2022 EDUCATION AND EXPERIENCE: -- Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: Bachelor degree in planning or related field coupled with five years of progressively responsible experience in planning. At least two years of the required experience must have been as a supervisor or manager. Three years of comprehensive community development experience. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State Driver's License or ability to obtain same within three months of hire. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination – Annually Smart Risk Management – Once Slip, Trip and Fall – Annually Safe Lifting Practices – Annually FEMA IS-907-Active Shooter-Annually FMLA - Once REGULAR MONITORED DRIVER:__X__Yes _____No DEFENSIVE DRIVING- ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. Department Director Signature of Approval: ____________________________________________ Date:_______________ Human Resources Director or Designee Signature of Approval: _____________________________________________ Date:_______________ I have read and understand the above position description: Name:________________________________________ Date:________________ Signature:_____________________________________ Rev 9.2022 POSITION DESCRIPTION GENERAL DESCRIPTION: To provide organizational leadership, direction, and supervision to a group of community services departments and other departments as assigned; to coordinate assigned activities with other County departments, offices, divisions and outside agencies; and to provide highly responsible organizational and administrative support to the Board of County Commissioners. Community services currently assigned include Environmental Health, Community & Family Health, and Finance Management. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Receives administrative direction from the Board of County Commissioners and Board of Health. Exercises direct supervision over management and professional staff. Duties may include, but are not limited to, the following: The department director is the appointed administrative officer for the public health and human resources and services department. The position reports to and is ultimately accountable to the Board of County Commissioners and Board of Health for the efficient and effective performance of the departments. Leads assigned staff and departments to ensure the efficient and effective delivery of services, consistent with County objectives and policies. Directs and manages the development and implementation of goals, objectives, and priorities for assigned services and other departments; identifies resource needs; recommends and implements policies and procedures. Provides management and support for Mason County Housing programs, pursues, develops, and directs other human services-related programs deemed appropriate by the Board of County Commissioners in the areas of homelessness, mental health, and substance abuse, youth programs, etc. Directs the mental health and substance abuse funding. Identifies opportunities for improving service delivery methods and procedures; reviews with appropriate management staff and recommends or implements improvements as appropriate. Selects, trains, motivates and evaluates assigned staff; provides or coordinates staff training, works with employees to correct deficiencies; implements discipline and termination procedures. Participates on a variety of boards and commissions; attends and participates in prof essional Title: Director of Public Health and Human Services Department: Public Health and Human Services Affiliation: Non-Represented Reports to: County Administrator and Board of Health Exempt: Non-Exempt: x Supervises/Directs: Public Health staff Job Class: 2170 Risk Class: 5306-07 Salary Range: 46 Rev 9.2022 group meetings; stays abreast of new trends and innovations in all functions and departments as assigned. Coordinates activities with those of other departments and outside agencies and organizations; provides staff assistance to the Board of County Commissioners, Advisory and Statutory Boards, prepares and presents staff reports and other necessary correspondence. Responds to and resolves difficult and sensitive internal, employee and citizen inquiries, grievances and complaints. Performs special projects as requested by the Board(s). Performs related duties as assigned. OTHER JOB FUNCTIONS: The incumbent is required to use independent judgment in the application of governance and service principles and governing laws, and in analyzing and making recommendations for change. Regular, reliable and punctual attendance. WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk operating general office equipment. May lift or move up to 20 pounds. May sit and stand for extended periods of time. Occasional travel is required. QUALIFICATIONS: Knowledge of Principles, practices, and procedures of public health Principles, methods and techniques of public administration, including public policy and decision making, budget preparation and administration, and personnel / labor relations management; Management and supervision principles and practices. Legal requirements, regulations, and laws applicable to county governance in the state of Washington. Leadership in organizational development, labor relations and employment practices. Fiscal management, including budget preparation, expenditure control and record keeping. Ability to Plan, organize and oversee assigned work programs. Develop program goals and objectives Analyze complex problems and conflicting priorities and recommend alternatives and solutions. Analyze and evaluate organizational, interdepartmental and workplace issues, develop and implement recommendations and/or corrective actions. Direct staff in continuous efforts to improve quality productivity and effectiveness. Establish and maintain effective working relationships. Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues or regulations. Maintain the confidentiality of sensitive and confidential information. Physical ability to perform the essential functions of the job. Rev 9.2022 EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the knowledge and abilities would be: Bachelor’s degree with major study in public administration, nursing, public health, environmental health, health education, or related field, with (5) five years of progressively responsible experience in public health administration, including at least (3) three years at the management level; OR, an equivalent combination of education, training, and experience that provides the required skills, knowledge and abilities. A Master’s Degree in public health or public administration is preferred. Membership in public health and human services professional associations is desirable LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State driver’s license REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination – Annually Blood Borne Pathogens – Annually Smart Risk Management – Once Slip, Trip and Fall – Annually Safe Lifting Practices – Annually FEMA IS-907-Active Shooter-Annually FMLA - Once REGULAR MONITORED DRIVER:__x__Yes _____No DEFENSIVE DRIVING- ALL ANNUALLY: Basics R is for Reverse Intersections Reduce Winter Weather Accidents General Auto Risk Program for Drivers Additional job specific trainings may be issued at a later date. Elected Official Signature of Approval: _______________________________________ Date:_______________ Human Resources Director or Designee Signature of Approval: ________________________________________ Date:_______________ I have read and understand the above position description: Name:___________________________________ Date:_______________ Signature:________________________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 12, 2022 Agenda Date: September 27, 2022 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.7 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. 22-048 County Code: __________ Item: Contract Amendment for Mason County Housing Authority #22-048 Background/Executive Summary: On June 7, 2022 the Board of County Commissioners approved the contract #22-048 for American Rescue Plan Act (ARPA) funds to be allocated to the Mason County Housing Authority for rental arrearages. This amendment is to add the verbiage to the scope of work, that a signed attestation is a form of proof of lost income or increased household expense due to COVID-19. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the amendment to the American Rescue Plan Act (ARPA) agreement between Mason County and the Mason County Housing Authority. Attachments: Contract Amendment AMERICAN RESCUE PLAN ACT OF 2021 AGREEMENT # 22-048 AMENDMENT #1 Between MASON COUNTY and MASON COUNTY HOUSING AUTHORITY THIS CONTRACT AMENDMENT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason County Housing Authority hereinafter referred to as “RECIPIENT”. WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund (“CSLFRF”) for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason County, identified as the Interim Final Rule (“IFR”) or 31 CFR Part 35 RIN 1505-AC77 WHEREAS, ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs projects in response to the COVID-19 public health emergency during the period of July 16, 2021, incurred by December 31, 2024 and expended by December 31, 2026, which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency, such as providing economic support to those suffering from employment or business interruptions due to COVID-19, related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. As required under Amendment, Section 16, no amendment or modification to the Agreement will be effective without prior written consent of the authorized representatives of the parties. This Amendment is to amend the Scope of Work, Section 3, A. to include a signed Attestation as proof of lost wages or increase of household expenses. All other terms of the contract remain the same. All other items listed under “Scope of Work” in the original agreement remain the same. DATED this____ day of ______________ , 2022. RECIPIENT NAME MASON COUNTY, WASHINGTON ____________________________________ ____________________________________ Mark Neary, County Administrator Dated: _____________________________ Dated: _____________________________ APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief DPA Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 12, 2022 Agenda Date: September 27, 2022 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.8 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Reallocating $90,000 of ARPA funds from Public Works Pump Station #3 Project to Mason County Utility Arrearages. Background/Executive Summary: Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the reallocation of $90,000 from Public Works Pump Station #3 to Mason County Utility Arrearages. Attachments: Copy of Utility Liens Request for Water-Sewer Liens ARPA Funds Request for ARPA Funds Eviction Prevention – Mason County Water/Sewer Liens Subject to Foreclosure Funds requested are not being used to replace revenue loss to the county that the Treasurer collects Water/Sewer Lien payment for. Non-payment of these liens result in an Order to sell and a public auction of real property the water/sewer liens are recorded upon. Eligible Use: Fiscal Recovery Funds must be used in one of the four eligible use categories: To respond to the public health emergency or its negative economic impacts – including assistance to households or small businesses for costs incurred by the household prior to March 31, 2021. Housing assistance or small business assistance is an eligible use. Household Assistance (EC 2.1-2.5) Objective: Provide financial assistance to households (property owners) on their primary residence or business property that owe delinquent water/sewer utility payments incurred prior to March 31, 2021 that are subject to the foreclosure process as set out Mason County Code, Title 13 and in compliance with RCW 84.64. As of August 24, 2022, there are approximately 44 parcels of real estate with water/sewer liens filed that may be currently subject to the foreclosure process for non-payment of such liens as set out in Mason County Code Title 13 and in compliance with RCW 84.64. The estimated cost of assistance through August 26, 2022 is $96,000.00. The objective of the assistance to help eligible property owners and small businesses avoid foreclosure and possible eviction and homelessness. Project The Mason County Treasurer’s Office will manage the project by contacting and informing property owners of such financial assistance. Notifying property owners that financial assistance is available for no more than the total amount of their water/sewer assessments due as of March 31, 2021 plus current penalties and collection costs as determined by the Mason County Treasurer’s Office in conjunction with amounts provided by the Mason County Utilities Department. Approved applicants will direct payment of the funds they are eligible for be paid to the Mason County Treasurer’s Office through the Mason County Accounts Payable process from the ARPA Fund #155.000000.000.000. The Mason County Treasurer will provide such payments to Mason County Utilities Department for receipt and lien release filing. The Mason County Utilities Department will provide a copy of the payment receipt and recorded release of lien to the Mason County Treasurer for ARPA records retention. The Mason County Treasurer will provide required reporting as to the number of households approved and the total amount expended. Date Filed Amount 3/31/21 AMT w/ 10/22 INT&PEN AMOUNT DUE 9/30/22 7/27/2022 662.44$ 7/27/2022 547.93$ Filing Release 6/7/2022 3,358.24$ 1,838.24$ 6/28/2019 1,718.95$ caught up through 04/01/21 909.24$ Lien on Loan side 6/28/2019 1,686.94$ 4,146.84$ 6,430.04$ 10/18/2017 481.55$ 329.30$ 423.30$ 6/28/2019 2,490.01$ 4,603.05$ 6,331.05$ 6/7/2022 1,040.00$ 338.00$ 7/13/2016 554.83$ 4,403.76$ 2,757.88$ 7/13/2016 748.37$ 1,737.07$ 1,290.47$ 11/2/2017 1,453.92$ 3,111.34$ BK Bankruptcy Account‐ $323.38 balance‐ 400236A new account‐ current lien letter out balance $1,386.47 11/24/2015 5,692.10$ 8,409.79$ 18,580.70$ Utilities payment plan? Has not made a single payment‐ Loan side $8,442.91/ U&W side $10,137.79 7/13/2016 841.09$ 1,056.00$ New Balance 1056.00 ‐ start date 10/14/21 ‐ not including in foreclosure 11/24/2015 2,942.40$ 2,768.27$ 5,215.99$ Loan side‐ $3119.72/ U&W side $2096.27 11/24/2015 5,219.59$ 384.00$ Utilities payment plan? 6/7/2022 3,861.12$ 2,032.66$ 4,217.85$ 4/4/2017 1,017.28$ Filing Release 4/4/2017 915.33$ Filing Release 7/27/2022 793.46$ Filing Release 10/18/2017 497.85$ 4,412.20$ 6,517.39$ 7/27/2022 912.37$ Filing Release 7/27/2022 912.37$ 1,150.19$ 6/7/2022 2,158.46$ 330.00$ 2,275.19$ 6/7/2022 2,150.55$ 1,480.20$ 2,530.19$ 7/27/2022 793.46$ Filing Release 12/15/2017 553.08$ 2,317.29$ BK Bankruptcy Account‐ $1,642.42 balance‐ 500119A new account‐ balance current 10/18/2017 597.48$ 5,549.37$ 7,654.56$ 7/27/2022 782.37$ 1,020.19$ 7/27/2022 793.46$ Filing Release 7/27/2022 2,839.91$ 1,192.54$ 3,077.73$ 10/18/2017 734.18$ 5,707.48$ 7,312.67$ 6/7/2022 1,138.46$ 1,495.19$ 6/7/2022 3,081.62$ 1,253.16$ 3,438.35$ 12/30/2015 1,649.36$ 2,444.70$ Utilities payment plan? $1230.98 Current on Payment plan auto pay $200 monthly 7/30/2018 730.01$ 2,837.35$ 4,942.54$ 6/7/2022 1,943.46$ 2,300.19$ 6/7/2022 1,713.46$ 572.04$ 2,070.19$ 7/27/2022 855.64$ Filing Release 3/8/2017 790.53$ 6,368.08$ 8,473.27$ 3/1/2018 511.24$ 4,510.95$ 4,116.14$ 7/27/2022 793.46$ 1,031.28$ 3/1/2018 486.84$ 1,123.58$ 2,203.77$ 6/7/2022 1,038.46$ 345.00$ 995.19$ 10/18/2017 812.73$ 2,875.24$ 4,980.43$ 2,879.09$ 4,215.09$ 480.00$ 1,708.00$ 582.47$ 678.47$ 1,248.00$ 2,180.00$ 2,668.63$ 4,518.82$ 1,579.86$ 2,566.14$ 1,139.64$ 1,284.83$ 1,115.00$ 1,720.19$ 1,009.53$ 1,569.66$ 7,511.41$ Bankruptcy Account‐ #17‐41889‐MJH 458.52$ 2,563.71$ 1,199.30$ 1,066.65$ 1,663.15$ 2,068.34$ 1,709.53$ 3,814.72$ 1,297.37$ 617.14$ 955.75$ 167.59$ 1,260.19$ 95,554.95$ 156,160.51$ Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Emergency Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 22, 2022 & September 12, 2022 Agenda Date: September 27, 2022 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.9 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Joint Grant Opportunity with PUD 1, through USDA, Forest Service, U.S. Department of Agriculture, Mason County Wildland Fire Protection Plan for $250,000 with 0-5% match Background/Executive Summary: This grant is part of the Infrastructure, Investment, and Jobs which establishes a program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) to develop or revise a community wildfire protection plan and to carry out the project described in a community wildfire protection plan that is not more than ten years old. The grant is intended to help communities in the urban-wildland interface (WUI) implement three goals: (1) restore and maintain landscapes; (2) create fire-adapted communities; and (3) improve wildfire response. Grants are offered on a competitive basis through Notices Funding Opportunity (NOFO); one NOFO per each of the three regional state forestry organizations (West, Northeast/Midwest, and Southeast). Project Objectives: The project must advance objectives and priorities identified in a Community Wildland Protection Plan (CWPP) not over ten years old. A project must be designed to achieve one or more of the following objectives: (1) assist a community with planning to address management of wildfire risk; (2) assist a community with mitigation reassures or actions to reduce wildfire risk; (3) planning; (4) wildfire prevention and mitigation education/outreach; and (5) hazardous fuels reduction/fire-adapted ecosystems restoration. For eligible and non-eligible planning projects, please review the attached presentation. Grant Application: This is a combined project between Mason County PUD 1 and Mason County Division of Emergency Management (DEM). PUD 1 is assigning their grant writer, with assistance from DEM, to write and submit the grant. DEM is assisting with grant preparations and submitting the draft budget. DEM will oversee the preparation of the Mason County Wildland Fire Protection Plan and the supporting elements necessary to complete and implement the plan County-wide. Mason County Agenda Request Form Budget Impact (amount, funding source, budget amendment): Funding: The maximum amount of Federal Funding awarded is $250,000 Projected Budget: Labor costs of the participating organizations such as Mason County Fire Districts and the authorized GIS support within the parameters of the grant. Required Matching Funds: Proposals to develop or update a CWPP, required match is 10%; underserved communities are eligible to request a match waiver. Funds are multi-year and do not need to be spent in a single year. In Kind Match: Based on the Ineligible Activities for base funding is the payment of staff when performing non-CWDG-related activities, such as fire suppression, prevention, and CWDG-related work in communities after it has been determined they are non-eligible for funding. Based on a planning project match of 10%, the estimated Mason County cost is $25,000, which, based on Mason County’s economic classification as under-served, a waiver can be submitted. In the event the waiver is disapproved, DEM salary costs to complete the project are eligible expenses applied to the 10% or $25,000 required match. Grants & Agreements: Under this section, bullet number two “Cost share/match”. Low-Income Definition: For the purposes of this program, a low-income community is defined as a community where the relevant counties (i.e., the counties in with the community is located) has a median household income of less than 80% of the median household income of the relevant states(s). Public Outreach (news release, community meeting, etc.): 1. Joint project between PUD-1, Mason County DEM, and Mason Counties eleven Fire Districts. 2. Community specific meeting to inform, education, and solicit community support. 3. Participation and coordination with Washington State Department of Emergency Management. 4. Participation and coordination with Washington State Department of Natural Resources, Wildland Fire. 5. Coordination through the Washington State Lands Commissioner. Requested Action: Approval for the Department of Emergency Management to apply for the grant through U.S. Department of Agriculture Forest Service Wildland Fire Protection Plan for $250,000 with 0-5% match and approval of the letter of support for the PUD 1 grant application. Attachments: Slide Presentation Copy of the Application Draft Letter of Support for PUD-1 September 13, 2022 United States Department of Agriculture/US Forest Service Attention: Mr. Brad Simpkins, Grantor 201 14th Street, Southwest Washington, DC 20024 RE: Funding Opportunity Number USDA-FS-2022-CWDG-CWSF/Mason PUD 1 Dear Mr. Simpkins: Mason County PUD No. 1 advised the Mason County Board of Commissioners of their proposed comprehensive vegetation management (VM) project to clear vegetation fuels within their easement land. The PUD believes this is the most timely and critical means to best mitigate future wildfire risk within the heavily forested lands of Mason County. We understand the PUD has the financial means to address only small portions of easement annually, and the removal of a few dead trees. The PUD’s proposed VM Project seeks to trim the entire system in one event, which we understand will allow the PUD to effectively maintain thereafter. Most outages are caused by treefalls so the PUD’s comprehensive removal of danger trees, as identified by an arborist represents the most effective wildfire mitigation strategy. We applaud the PUD’s intention to pursue federal funds for this essential wildfire preventative work. We understand the PUD is able to engage in this intentional mitigation of wildfire risk only if they receive funding from the USDA/FS via the Community Wildfire Defense Grant Program. We support their plan for fuel stock removal and ask the USDA/FS fund the PUD’s grant application so that this critical clear-cut can occur before a major wildfire jeopardizes our power lines. Mason County has engaged in multiple partnerships with the PUD and enjoy a mutually cooperative relationship for infrastructure projects, clean energy projects, FEMA and other emergency management activities. We see their proposed Whole – System VM Project as one that will help to protect the electrical service that Mason County depends upon for business, education, healthcare, and household use. The Mason County Board of Commissioners recommends the USDA/Forest Service approve the PUD’s application for funding their VM project. Thank you for your consideration of our PUD’s proposal. Sincerely, BOARD OF MASON COUNTY COMMISSIONERS ___________________ Kevin Shutty, Chair ___________________ Sharon Trask, Vice-Chair ___________________ Randy Neatherlin, Commissioner Roofing Ordinance (Y/N): Keyword: Dollar Amount Requested: Matching Share: FY 2022 Community Wildfire Defense Grant Roofing Ordinance (Y/N): Keyword: Dollar Amount Requested: Matching Share: This document is for proposal development only. Applications must contact their state or federal contact to get a unique link to enter this information into the online submission system at CWDG.Forestrygrants.org. 1 Proposal Cooperator (Community Contact) Cooperator Organization: Contact Person: Address: City/State/Zip Code: Phone (Work/Cell): Email: 1 Applicant Information (Implementer of Project) Applicant: Contact Person: Address: City/Zip Code: Phone (Work/Cell): Email: Fax: Federal Tax ID\DUNS\UEI #: 2 Project Information Name of Project: Community Name(s): County(ies): Congressional District: GIS Coordinates (choose one) Reference Point Name: Lat/Long: Description: Area Name: Boundary Lat/Longs: Description: 1 Brief Project Overview and Purpose (0 points): Provide a brief overview and purpose statement for the project, addressing the overall intent of this program to assist commu nities with planning and mitigating their risk against wildfire. 3 Brief Project Overview and Purpose (3000 characters including spaces) Grant Component (0 points) Respond with the grant component type that applies to the application: (please select only one per application) 1.) Creating or Updating a Community Wildfire Protection Plan (CWPP) that is more than five (5) years old. 2.) Project described in a CWPP that is less than ten (10) years old. 4 Grant Component Type (3000 characters including spaces) 2 Is your community considered at-risk? (0 points) Please respond yes or no if the community is considered "at-risk" (please refer to the definition within the NOFO). Provide a link to the verification source. 5 At-Risk Community (3000 characters including spaces) Roofing Code/Ordinance (0 points) Do you currently have, or will you adopt prior to grant award, an ordinance or regulation that requires that roofs for new building construction, as well as the reroofing or replacement of a roof on existing buildings, adheres to standards that are similar to, or more st ringent than, the roof construction standards established by the National Fire Protection Association or applicable model building code established by the International Code Council (this is not a requirement for eligibility but determines source of funds). 6 Roofing Code/Ordinance (3000 characters including spaces) 3 Grant Waiver (0 points) Are you planning on applying for a grant match waiver based on the project serving an underserved community? Please respond yes or no. 7 Grant Waiver (1000 characters including spaces) Project Description (10 points) Provide a comprehensive but succinct overview of the proposed project that includes basic details of who is doing what, where , and why this is important. Explain how the project is described in a CWPP (if applicable). Provide linkag es to the tenets of the Cohesive Wildland Fire Management Strategy and the State Forest Action Plan. Specify if benefits to traditionally underserved or marginalized a udiences are a component of the work. 8 Project Description (9000 characters including spaces) 4 9 Applicant Budget Grant Funds Requested Match Total Project Cost Applicant Non-Federal Contributors Personnel/Labor: Fringe Benefits: Travel: Equipment: Supplies: Contractual: Other: Indirect Costs: TOTAL: Project Budget Explanation (10 points) Provide any additional remarks needed to clarify your budget request. Clearly explain how the budget will be spent by line item, sources of match, and how expenditures are applicable and relevant to the goals and objectives of the project. 10 Project Budget Explanation (5000 characters including spaces) 5 Measurable Outcomes Table Use this table as a reference to complete the ‘Accomplishment’ section. Number of Activities Cost Planned Planned CWPP Development of New CWPPs Updates of CWPPs Planning Training in mitigation practices Tabletop or functional exercises, testing or evaluating plan effectiveness Planning development, including building codes, zoning ordinances, land use planning, public health and safety, mitigation, prescribed fire and smoke ready efforts Creating local/regional mitigation partnership or collaborative groups Wildfire Prevention and Mitigation Education/Outreach Firewise or similar programs outreach to communities and property owners Fire education presentations Property inspections and/or assessments Training to conduct property inspections and/or assessments Implementation of WUI Structure/Parcel/Community Fire Hazard Mitigation Methodology (HMM) for community hazard reduction. Reduce Hazardous Fuels / Restore Fire -adapted Ecosystems Hazardous Fuels Reduction or Mitigation Projects, including maintenance Total # of acres treated to reduce hazardous fuels (direct grant only) Monitoring components of projects for effectiveness Prescribed fire training, including smoke management Design and installation of dry hydrants and cisterns Purchase and maintenance of equipment 6 Accomplishments (10 points) Clearly define how the project will be accomplished, including at least one of the quantitative accomplishment measures provided in the measurable outcomes table. Identify measurable outcomes and timelines (are the proposed activities clear and achievable, goals defined, outcomes measurable, # of acres treated, # of education/outreach programs, planning/assessment efforts clearly described, etc .). Describe any applicable less quantifiable return on investments. 11 Accomplishments (8000 characters including spaces) 7 Collaboration(10 points) 1.) Identify partners that have demonstrated a commitment and add value towards planning and carrying out the project. 2.) Describe what these partners and collaborators contribute. 3.) Demonstrate residual positive benefits, as a result of collaboration, related to capacity, skills, knowledge, infrastructure, or a replicable approach, among others. Collaboration may be qualitative in nature, and the contribution of the partners may be more important than the number of partners involved. 12 Collaboration (8000 characters including spaces) Landscape Impacts (10 points) Clearly define the scale of the project, including relationships with past, present, or future projects that, when combined, offer more benefits than when taken individually. Describe overall landscape that the project influences. 13 Landscape Impacts (8000 characters including spaces) 8 Project Sustainability (10 points) Clearly define how, or if, the project will sustain itself after the grant period is over. Describe any plans or steps that w ill be taken to continue the project benefits beyond the life of the grant. 14 Project Sustainability (8000 characters including spaces) Does this project benefit a low-income community? (10 points) Does this project benefit a low-income community as defined in the NOFO? Please respond yes or no. Provide a link to the verification source. 15 Low-Income Community (3000 characters including spaces) 9 Has this community been impacted by a severe disaster? (10 points) Has this community been impacted by a severe disaster within the previous 10 years? Please respond yes or no. Provide a link to the verification source. 16 Severe Disaster Impact (3000 characters including spaces) Does the project location have wildfire hazard potential? (20 points) Please respond yes or no, if this project is located within an area identified as having high or very high wildfire hazard potential as defined by a state, regional, tribal, territorial or national wildfire hazard potential assessment? Provide a link to the verificatio n source. 17 Wildfire Hazard Potential (3000 characters including spaces) 10 CWDG Training for State and Federal Program Managers (Updated 08/03/2022) Today's Agenda •CWDG Program Overview •CWDG Application Eligibility •Scoring Criteria and Prioritization Factors •CWDG Application •CWDG Application Systems •Grants and Agreements •CWDG Program Information on Low-Income and Underserved Communities CWDG Program Overview Authorizing Legislation Infrastructure, Investment and Jobs Act, Section 40803(f) authorizes the Secretary of Agriculture, through the USDA Forest Service, to establish a program, which shall be separate from the program established under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), under which the Secretary of Agriculture, in cooperation with the States, shall award grants to at-risk communities, including Indian Tribes — •(A) to develop or revise a community wildfire protection plan; and •(B) to carry out projects described in a community wildfire protection plan that is not more than 10 years old. Program Purpose •The CWDG is intended to helps communities in the wildland urban interface (WUI) implement the three goals of the National Cohesive Wildland Fire Management Strategy (Cohesive Strategy): •Restore and Maintain Landscapes: Landscapes across all jurisdictions are resilient to fire-related disturbances, in accordance with management objectives •Create Fire Adapted Communities: Human populations and infrastructure can withstand a wildfire without loss of life and property •Improve Wildfire Response: All jurisdictions participate in making and implementing safe, effective, efficient risk-based wildfire management decisions Program Administration •Grants are offered on a competitive basis through Notices of Funding Opportunity (NOFO) posted on www.Grants.gov •One NOFO per each of the three regional state forestry organizations (West, Northeast/Midwest, and Southeast) •One NOFO for Tribes •Applications submitted either to grants.gov, or cwdg.forestrygrants.org, depending on location of applicant •www.Grants.gov for (NE/ MW and South) •https://cwdg.forestrygrants.org/(West) •Tribes may utilize either www.Grants.gov or https://cwdg.forestrygrants.org/ Program Administration (continued) •A grant review panel will be convened in each of the state forestry organization regions to review, score, and rank grant applications received within their respective state forestry organization regions •USDA Forest Service (USFS) will organize a grant review panel to review, score, and rank the grant applications received from Tribes •A specific training will be provided to Review Panel Members Eligible Applicants •Entities eligible to apply for funding under the CWDG include: •Units of local governments representing communities located in an area with a risk of wildfires •Indian Tribes •Alaska Native Corporations •Non-profit organizations including homeowner associations that assist such communities •State forestry agencies (including U.S. territories and interests) •For-profit entities are not eligible to apply for CWDG Eligible Lands •Eligible applicants may apply for grant funding for a project proposal to be conducted on lands with the following ownership types, as long as the project proposal directly reduces wildfire risk to a community: •Private lands •Local government •Homeowner associations •State government •Tribal/Alaska native corporation (includes Trust lands) •Federal lands are not eligible for this funding opportunity, with the exception of federal Tribal trust lands Eligibility and Priority Elements •Eligibility •At-risk Community •Priorities •Are located in an area identified as having high or very high wildfire hazard potential, •Benefit a low-income community, and/or •Are located in a community impacted by a severe disaster within the previous 10 years. •Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government Funding •Minimum and Maximum Funding Levels •There is no minimum Federal funding limit for projects under CWDG •The maximum amount of Federal funding awarded to any one community or Tribal entity: •$250,000 for creating or updating a Community Wildfire Protection Plan •$10 million for a project described within a Community Wildfire Protection Plan (CWPP can be no more than 10 years old). Funding (continued) •Required Matching Funds: •Proposals to develop or update a CWPP, required match is 10% •Proposals to implement projects described in a CWPP, required match is 25% •Underserved communities are eligible to request a match waiver Grant Application and Scoring Process Elements •Lead Agency or Organization: •All applications must identify the lead agency or organization •The lead agency may pass funds to other partners performing work as relevant. •Scoring and Ranking of applications: Applications will be scored by members of one of four (4) review panels •Grant Timeframes: Projects must be completed within five (5) years •Reporting: •Quarterly Financial reports •Annual Project Performance reports •Performance report shall include a spatial data component Multiple Community Applications There may be two types of “Multiple Community” Applications •Separate Projects in separate Communities: •For separate projects in separate communities, a single application (424, 424A) within grants.gov may be submitted •However, a separate narrative form and included budget will need to be filled out for each community for purposes of determining eligibility, prioritization, and ranking of the separate projects •Single Projects in multiple communities: •For an application consisting of a single project that spans multiple communities, the project can be applied for and described within the same application and narrative form States’ Participation in Managing CWDG •CWDG total funding: Infrastructure Law provides $200M per year for five years (after off-the-tops, there is $160M available per year) •States have choice on how much program participation to engage in: •“Fully Opt-in”: state fully manages the program, including overall administration and handling of sub-grants to communities and non-profits within their state •“Partially Opt-In”: state provides technical assistance to communities, but Forest Service region manages awards within that state •“Fully Opt-out”: state has no part in program management and regional Forest Service staff work directly with applicants within that state •States are not “locked-in” to a decision; they may change annually •Funds are multi-year and don’t need to be spent in a single year States’ Funding Amounts by Participation Level •Fully Opt-out : $0 base funding •Partially Opt-in: $50,000 base funding •Fully Opt-in: sliding scale of base funding from $50,001-$400,000 depending on the needs of the state. If opting in, states specify the amount within this range they require •Match for base funding to states is 10% Anticipated State Actions: Partially Opt-in ($50K Base) •Technical assistance to communities to determine eligibility •Education and outreach to promote CWDG •Assisting communities/partners with preparing applications •Efforts associated with updating which communities are considered “at risk” •Costs associated with reviewing, ranking, scoring, and prioritizing applications as part of a regional or national review process •Guidance to communities on CWPP development •Attendance at meetings and/or trainings where a benefit to the program can be shown Anticipated State Actions: Fully Opt-in •Everything in “Partially Opt-in” list plus the following items •Overall administration and oversight of sub-grants and/or pass-through grants, including monitoring for compliance with all applicable federal rules and regulations •Preparing for and responding to audits •Program related performance, accomplishment, and data collection, including subsequent management of information in a management and reporting system Ineligible Activities for States’ Base Funding •Administration of other Federal programs, such as Volunteer Fire Assistance and/or State Fire Assistance or FEMA grants •Payment of staff when performing non -CWDG related activities, such as fire suppression, prevention, etc. •Performing CWDG -related work in communities after it has been determined they are non- eligible for funding CWDG Application Eligibility Applicant Eligibility •Eligibility •At-risk Community •Two options listed in NOFOs to determine if community is an “at-risk community” •The following entities are eligible to submit a project proposal for funding: •Units of local governments representing communities located in an area with at risk of wildfires •Indian Tribes •Alaska Native Corporations •Non-profit organizations such as homeowner associations that assist communities, •State forestry agencies •For-profit entities are not eligible to apply for a grant under this program. •Other considerations •Applying for multiple communities •Grant management by non-profits or other organizations Priority Projects •Priority will be given to project proposals that: •Are located in an area identified as having high or very high wildfire hazard potential, and/or •Benefit a low-income community, and/or •Are located in a community impacted by a severe disaster within the previous 10 years •Supporting documentation or link to documentation must be provided Location of Projects •Private land •Local government •Homeowner associations •State government •Tribal lands and Alaska Native Corporation (includes Trust lands) Project Objectives •Projects must advance objectives and priorities identified in a CWPP not more than 10 years old •A project must be designed to achieve one or more of the following objectives: •Assist a community with planning to address management of wildfire risk •Assist a community with mitigation measures or actions to reduce wildfire risk Project Types •Planning •Wildfire Prevention and Mitigation Education/Outreach •Hazardous Fuels Reduction / Fire-adapted Ecosystems Restoration Eligible “Planning” Project Examples •Creation of a CWPP or development of a wildfire section for a hazard mitigation plan •Update of an existing CWPP/hazard mitigation plan (existing plan must be not more than 10 years old) •Contract support to assist a community with developing building codes, zoning ordinances, or land use planning •Direct staff funding support to assist a community with developing building codes, zoning ordinances, or land use planning •Tabletop or functional exercises to test effectiveness of community wildfire planning Eligible “Planning” Project Examples (continued) •Plan and address public health and safety effects of smoke and mitigation from wildfire and projects that use prescribed fire (“Smoke Ready” efforts) •Direct staff support for community wildfire mitigation leadership/coordination •Training in the use of proven effective mitigation practices, such as the Forest Service’s mitigation best practices •Direct staff support to assist in creation or to support a local or regional mitigation partnership Ineligible “Planning” Project Examples •GIS and database systems unless in support of a CWPP, wildfire risk reduction planning or fuels mitigation initiative or project •Creation and/or update of Forest Stewardship Plans •Economic development projects •Small business start-up funding •Research and development projects Eligible “Wildfire Prevention and Mitigation Education/Outreach” Project Examples •Firewise USA© or similar programs outreach to communities and property owners •Fire education presentations such as Project Learning Tree •Property inspections and/or assessments •Training to conduct property inspections and/or assessments •Implementation of WUI Structure / Parcel / Community Fire Hazard Mitigation Methodology (HMM) for community hazard reduction •Training for Tr aditional Ecological Knowledge of fire, Cultural Burning, Identification and protection of culturally significant plants, sacred site protection Ineligible “Wildfire Prevention and Mitigation Education/Outreach” Project Example •Printing of paper-based materials without an organized outreach/education program Eligible “Hazardous Fuels Reduction / Fire-adapted Ecosystems Restoration” Project Examples •Defensible space around homes, businesses, and other structures •Development, creation, and/or maintenance of fuel breaks and fire breaks, including shaded fuel breaks •Fuels reduction beyond defensible space adjacent to at- risk communities •Removal of standing woody vegetation by cutting, piling and burning •Removal of standing woody vegetation by cutting and chipping Eligible “Hazardous Fuels Reduction / Fire-adapted Ecosystems Restoration” Project Examples (continued) •Removal of standing woody vegetation using a mechanical mulcher or masticator type equipment mounted on mobile equipment •Reduction of hazardous fuels through the application of prescribed fire •Vegetation management (pruning, mowing, chemical treatment, grazing), including rights-of-ways for roads •Maintenance of fuels projects.Up to two (2) maintenance treatments allowed per project during the grant term Eligible “Hazardous Fuels Reduction / Fire-adapted Ecosystems Restoration” Project Examples (continued) •Monitoring components of projects for effectiveness (must have established baseline) •Prescribed fire training, including training on smoke management associated with prescribed fires •Design and installation of dry hydrants and cisterns •Purchase of equipment for brush/fuel disposal, such as air curtain burner/trench burner Eligible “Hazardous Fuels Reduction / Fire-adapted Ecosystems Restoration” Project Examples (continued) •Purchase of mechanical equipment that meets, or does not exceed, the following requirements: •Brush/wood chippers that are towable or mountable to a skid steer, compact track loader or tractor with a maximum chipping capacity of no more than 15 inches •Self-propelled forestry mulchers up to a maximum 200 horsepower •Forestry mulcher attachments designed for skid steers, compact track loaders, excavators or crawler dozers •Heavy duty brush mowers that can be utilized for maintaining road rights-of-ways and fire breaks •Trailers necessary to transport equipment that is determined eligible in this section, including box-type trailers to store and transport prescribed fire equipment Eligible “Hazardous Fuels Reduction / Fire-adapted Ecosystems Restoration” Project Examples (continued) •Purchase of the following equipment and supplies to support the use of prescribed fire: •Personal protection equipment, including fire shelters and N95 filtering face respirators •Drip torches •Wildland hand tools •Backpack blowers •Chainsaws •Portable wildfire pumps •Wildland hose •Portable folding water tanks •Cache of air filtration units for use by at-risk individuals in the public Ineligible “Hazardous Fuels Reduction / Fire-adapted Ecosystems Restoration” Project Examples •Capital improvements including construction/infrastructure (building remodel, bridges, road construction, water development) •Home hardening, including but not limited to: •Roof upgrades or replacements •Fire resistant siding •Metal gutters and vents •Fire suppression training (unless course is a requirement for prescribed fire qualifications) •Fire suppression equipment and apparatus •Drones Scoring Criteria and Prioritization Factors Project Description (10 points) •The application should clearly define the scope of the project, what the project proposes to accomplish, why it is important, and how it links to the Cohesive Wildland Fire Management Strategy and relevant State Forest Action Plan Budget (10 points) Budget narrative must describe in detail how the grant funds will be spent for each grant expenditure, how expenditures are applicable and relevant to project goals and objectives, and how applicant will meet matching requirements or qualify for a waiver Accomplishments (10 points) •A proposal must define how a project will be accomplished, timelines, milestones, measures, and metrics •A proposal must articulate how objectives will lead to measurable outcomes for community wildfire risk reduction, and how progress will be measured towards outcomes •Progress metrics must be specific, measurable, achievable, realistic, and timely Collaboration (10 points) •A proposal should 1) define collaborative elements, including support from partners, agencies, landowners, and communities, and 2) identify partners that will be actively engaged in the project and add value to project planning and implementation •Collaboration may be qualitative in nature, and the contribution of a partner may be more than the number of partners Landscape Impacts (10 points) •A proposal should articulate: •The scale of the project, including relationships with past, present, or future projects that, when combined, offer more benefits than when taken individually •The defined project area and the overall landscape that the project influences •The land ownerships within the area, specifying the areas targeted for planning or mitigation •Each proposed activity with details on where each activity will occur included •The approximate number of structures that will benefit from the proposed actions Project Sustainability (10 points) •The application should clearly define how or if the project will sustain itself after the grant period is over •Any steps or plans that will be carried out to continue the project benefits beyond the life of the grant should be described Low-Income Community(10 points) •A proposal should demonstrate and document whether the project benefits a low-income community Affected by a Severe Disaster (10 points) •The application should clearly demonstrate and document whether the project benefits a community that has been impacted by a severe disaster within the previous ten (10) years, and clearly exhibit how the severe disaster increased wildfire risk and/or hazard, and was of a scale and scope to have had landscape impacts (please see full definition later in this NOFO) Area of Wildfire Hazard Potential (20 points) •The application should clearly demonstrate and document whether the project is located in an area identified as having high or very high wildfire hazard potential as defined by a local, state, Tribal, regional, or national wildfire hazard potential assessment Additional Information •Specific training for review panel members will be developed •This training will be required prior for panel members prior to the review and scoring process •Verification process will be handled separately from review process to confirm: •At-risk •Low-income •High or very high wildfire hazard potential •Impacted by severe disaster •Standardized training on the verification process will also be developed CWDG Application Submitting Applications •Tribal Entities, Southern Region, Northeast -Midwest Region •Submit applications to Grants.gov •Tribes NOFO: USDA-FS-2022-CWDG-TRIBES •Southern NOFO: USDA-FS-2022-CWDG-SGSF •Northeast/Midwest NOFO: USDA-FS-2022-CWDG-NEMW •Only authorized Grants.gov workspace representatives for the applying entity are eligible to submit applications through Grants.gov •Western Region •Submit applications to cwdg.forestrygrants.org. •West NOFO: USDA-FS-2022-CWDG-CWSF •Usernames and Passwords will be provided to State Foresters and their delegated representatives by the Council of Western State Foresters prior to the application portal opening •Tribal entities may submit applications via any NOFO GIS Coordinates •Please include enough coordinates/description to be able to represent the general area of the impact of the project for which you are applying •For point-based projects, please include a reference point and description •For fuel treatments, please include enough coordinates to ascertain a general boundary of the area being treated. If unsure of boundaries, please include a reference point and the planned acreage to be treated under the description. •For CWPP development, please include a description of the planning area and type (municipality boundary, fire response district, township, etc.) GIS Coordinates: Ref. Point Name: Lat/Long: Description: Area Name: Boundary Lat/Longs: Description: Measurable Outcomes •Provide the output amount for at least one of the quantitative accomplishment measures listed on the next two pages •You may also list additional specific measurable results that show how the Federal investment will lead to outcomes on the landscape •In the narrative section, describe less quantifiable return on investments. Measurable Outcomes (continued) Measurable Outcomes (continued) CWDG Application Systems Western Region: cwdg.forestrygrants.org CSS Admin CSS Admin CSS Admin CSS Admin Admin Section and Applicant Section Project Information Brief Project Overview and Purpose Grant Component Type At-Risk Community Roofing Code/ Ordinance Grant Waiver Project Description Applicant Budget Project Budget Explanation Accomplishments Accomplishments (10 points) Clearly define how the project will be accomplished, including at least one of the quantitative accomplishment measures provided in the measurable outcomes table from the NOFO guidance. Identify measurable outcomes and timelines (are the proposed activities clear and achievable, goals defined, outcomes measurable, # of acres treated, # of education/outreach programs, planning/assessment efforts clearly described, etc.). Describe any applicable less quantifiable return on investments. Collaboration Landscape Impacts Landscape Impacts (10 points) Clearly define the scale of the project, including relationships with past, present, or future projects that, when combined, offer more benefits than when taken individually. Describe overall landscape that the project influences. Project Sustainability Low-Income Community Landscape Impacts (10 points) Clearly define the scale of the project, including relationships with past, present, or future projects that, when combined, offer more benefits than when taken individually. Describe overall landscape that the project influences. Severe Disaster Impact Wildfire Hazard Potential Does the project location have wildfire hazard potential? (20 points) Please respond yes or no, if this project is located within an area identified as having high or very high wildfire hazard potential as defined by a state, regional, tribal, territorial or national wildfire hazard potential assessment? Provide a link to the verification source. Grants & Agreements Grants & Agreements •Budget details •Cost share/match •Equipment •Buy American •Davis-Bacon wages for construction •Roads •Subawards –requirements and reporting •Sam.gov and risk Grants & Agreements Access Branch Support Goal: •Provide pre and post award technical and administrative assistance to external partners •Develop tools, resources and programs to improve access to Forest Service funding opportunities for traditionally underrepresented communities Grants & Agreements Access Branch Support Team: •Melissa Aulisio, Branch Chief •Heather Rivera, Grants Management Specialist Trainee •Aaron Stout, Program Analyst •Vi Ta, Program Analyst •Robin Taylor Davenport, Grants Management Specialist Trainee Contact: •Access Mailbox: accessga@usda.gov •Booking site for external partners: consultation site Grants & Agreements Access Branch Support SAM •Registration & Validation: due to the recent delay of validating applicants’ information, it is recommended that you register very early on to avoid delays. Refer to SAM registration checklist: https://sam.gov/content/entity-registration •GSA offered a webinar today 8/3 1PM EDT; it will be recorded.You can also subscribe for future webinars:https://www.eventbrite.com/e/entity-validation - stakeholder-forum-tickets- 388797412527?utm_medium=email&utm_source=GovDelivery.Remember to subscribe to SAM.gov and visit their homepage frequently for up to date alerts and announcements •Validation FAQs: https://www.fsd.gov/gsafsd_sp?id=kb_article_view&sysparm_article=KB0058422& sys_kb_id=7bb8810ddba05990060d5425f3961912&spa=1 CWDG Program Information on Low Income and Underserved Communities Priority National Tools •OMB approval just finalized on 8/2 •Updated tools will be posted on CWDG website •Tools will include citations and sample language applicants can use •Available tools will include: •At-risk (Eligibility) •High/very high wildfire hazard (Scoring Priority) •Low income (Scoring Priority) Low-Income Definition Definition that will be utilized for CWDG program: •For purposes of this program, a low-income community is defined as a community where the relevant counties (i.e., the counties in which the community is located) has a median household income of less than 80% of the median household income of the relevant state(s). •Approved definition is listed in each NOFO •Tools and information will also be available on the CWDG website Underserved Communities Definition Definition that will be utilized for CWDG program to determine eligibility for cost-share waiver: •A community meets the threshold of vulnerable with a score 0.75 or above on the CDC Social Vulnerability Index, as compared to the nation, or meets the low-income descriptions we provide. •To determine if your project qualifies for this cost -sharing requirement, please use CDC’s Social Vulnerability Index for 2018, with tracts compared to the nation. •As reference, Executive Order 13985: “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government”: The term “underserved communities” refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life Equity Definition •Executive Order 13985: “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government”: The term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. National Tools •Council of Environmental Quality Climate and Economic Justice Screening Tool: https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 •Environmental Protection Agency EJScreen, Environmental Justice Mapping and Screening Tool: https://www.epa.gov/ejscreen •Centers for Disease Control, Agency for Toxic Substances and Disease Registry Social Vulnerability Index Information: https://www.atsdr.cdc.gov/placeandhealth/svi/documentation/SVI_docu mentation_2018.html •USDA Economic Research Service County Typology Codes: https://www.ers.usda.gov/data-products/county-typology-codes/ •Wildfire Risk to Communities data sets/tools are being adopted and will be available for use with CWDG •Updated and approved tools will be posted on CWDG website Questions? Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 19, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.10 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Surplus of Personal Property Background/Executive Summary: ER&R has a vehicle, vehicle equipment and miscellaneous parts that are obsolete, damaged or no longer needed. The attached notice lists of all of these items requested to be declared surplus and disposed of at an auction through Washington State Surplus. These processes are pursuant to the County’s comprehensive procedure for the management of County property (Ordinance 84-04, Mason County Code Chapter 3.40, Management and Disposition of Property) and the laws of the state of Washington. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): Public Notice will be published in the Shelton-Mason County Journal Requested Action: Approval to authorize ER&R to declare the attached list of vehicles, vehicle equipment, and miscellaneous parts as surplus and allow Public Works to dispose of said items pursuant to Mason County Code and State laws through the Washington State Surplus auction. Attachments: Notice Vehicle/Equipment parts list and information NOTICE OF SALE The Board of Mason County Commissioners has declared the following vehicles, equipment and parts as surplus and will be disposed of at public auction. Vehicle List: Vehicle Equipment List: Year Description Odometer Year Description 2007 Toyota Prius 70,100 2001 Small Unit Deicer 2002 Herbicide Unit 1999-2002 Ford F350 Rear End Ford F150 Cab Guard Sander Chip Spreader Parts/Misc. Items Bundled lot of chainsaws (7), blowers (2), hydraulic motors (8) and miscellaneous parts Bundled lot of miscellaneous vehicle and equipment parts Pole Saw Band Saw Auctions will be held through Washington State Surplus Program (7511 New Market Street, Tumwater, WA 98512; Phone (360) 753-3508) Auction information regarding these items can be found on the Washington State Surplus web site: www.publicsurplus.com. Dated this______ day of _______________, 2022 BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON _______________________________ McKenzie Smith, Clerk of the Board cc: Commissioners Engineer Journal (Shelton): Publ. 1t: _____/ /22 & / /22 VEHICLE # YEAR DESCRIPTION DEPT. ODOMETER REASON FOR SURPLUS3 2007 Prius ER&R 70,100Not used enough to justify maintenance Equipment 2001 Small Unit Deicer Roads N/A Doesn’t work parts missingEquipment 2002 Herbicide Unit Roads N/A Doesn’t workEquipment 1999‐2002 Ford F350 Rear End Roads N/A Not a current Fleet Vehicle ‐ all have been upgradedEquipment Ford F150 Cab Guard Roads N/A left over from surplused vehicleEquipment Sander Roads N/A Blown motor replaceing with electric not used from vehicle #205 Herbiside TruckEquipment ChipspreaderRoads N/A Extra parts from old chipspeader that was replaced with new parts are not compatibleEquipment Homelite GeneratorRoads N/A Replaced.Equipment Band Saw ER&R N/A old w/o current safety pieces relacing to meet safety standards Shop Ops WirefeederER&R N/A old replaced with newBundled lot of brake parts from trucks that were surplused (2) Brake Drums (4) Brake shoes that are not capatible with current fleet.VEHICLE AND VEHILE EQUIPMENT LIST:PARTS/MISC. ITEMS:Bundled lot of chainsaws (7), blowers (2), hydraulic motors ( 8 ), hydraulic cylinders (6) and miscellaneous parts ‐ All have been replaced or obsolete.Bundled lot of miscellaneous vehicle and equipment parts ‐ obsolete parts from vehicles and equipment we no longer have Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kell Rowen Ext. 286 Department: Community Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 19, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.11 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: New Appointment to the Planning Advisory Commission (PAC) Background/Executive Summary: Jeff Carey has applied to be appointed to the Planning Advisory Commission (PAC). The PAC is a 7- member commission with six (6) filled positions. This appointment would fill the remaining vacant position. Budget Impact None. Public Outreach News/Press Release and active recruitment Requested Action: Approval to appoint Jeff Carey to the Planning Advisory Commission (PAC). Attachments: Application Current PAC Roster Mason CountyPlanning Advisory Commission-2022CommName Phone Mailing AddressInitial AppointmentTerm ExpiresDistrict No.21 (H) 360-868-2025 701 E Ballantrae Dr.VACANTsmithbnl@comcast.netShelton, WA 98584 1/31/202622253-432-375824440 N US Hwy 101Joseph Myersjoseph.j.myers@outlook.comHoodsport, WA 985486/2/2020 1/31/202433 360-349-1154 50 SE Arcadia RdIsaiah Johnstonisaiahj@johnlscott.comShelton, WA 98584 6/2/2020 1/31/2026At4LargeTerri Arcieri11/23/2021 1/31/202535 206-755-9879 151 SE Sunrise Dr.Bob Wilkersonroberwilkerson@comcast.neShelton, WA 98584 7/6/2021 1/31/202516 (H)360-275-2476 P.O. Box 143Mac McLean(C)907-460-6137 Allyn, WA 98524 11/26/2019 1/31/2024mcleanrobertf@gmail.com 17Tim Opiela206-899-7411 1851 NE Haven Way 6/2/20201/31/2026topiela@bjcgroup.comTahuya, WA 98588Position Contact: Kell Rowen, Dept. of Community Services, Planning Division @ Ext. 286 Updated 3/7/2022 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Randy Collins Ext. 309 Department: Fire Marshall Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 22, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.12 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. 2022-062 Contract No. __________ County Code: __________ Item: Mason County Fire Marshal’s Office Burn Restrictions Policy Background/Executive Summary: On August 30, 2022 the Mason County Commissioners approved the Mason County Fire Marshal’s Office Burn Restrictions Policy due to the County being subject to an increasing number of heat waves and wildfire threats. A need to adopt a unified policy for implementing burn restrictions and bans emerged. This policy will encourage the County to follow the National Fire Danger Rating System to help minimize public confusion and frustration as well as reduce the demand on the Fire Districts. This policy was approved overwhelmingly by the County Fire Chiefs at their August meeting. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): Outreach methods will continue to be: press release, posting to the County website and Fire Marshal’s page, posting to the County’s Facebook pages, and use of MACECOM’s Active 911 systems. Requested Action: Approval of the Resolution implementing the Mason County Fire Marshal’s Office Burn Restrictions Policy. Attachments: Resolution Mason County Fire Marshal’s Office POLICY: Burn Restrictions APPROVED BY: PAGE 1 OF 2 EFFECTIVE DATE: Originated: July 10, 2022 Page: 1 of 2 PURPOSE As a County of rural properties and large forested areas, the use of controlled fire has played an important role for its residents and timber industry. Due to the number of fire agencies involved in the permitting and response component as well as the sensitivity of the public, there is a need to develop a uniform process for the implementation of such restrictions. The purpose of this policy is to provide a consistent and coordinated approach for implementing burn restrictions and/or bans in Mason County that follows a widely accepted and scientific process. While it is in the best interest of all stakeholders to remain consistent, nothing in this policy shall limit the ability of a specific fire agency to implement a more restrictive approach if warranted by other factors such as staffing patterns or climatic conditions unique to their jurisdiction DEFINITIONS Land Clearing Burning: Outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects (I.E. projects that clear the land so it can be developed, used for a different purpose or left unused). Please note a permit for this activity is first required from the Mason County Fire Marshal’s Office. Residential Burning: The outdoor burning of leaves, clippings, pruning and other natural yard and gardening refuse by a property owner. Such activities do not require a permit but are prohibited in the Urban Growth Areas of Allyn, Belfair and Shelton. Recreational Burning: Cooking and campfires using charcoal or firewood in a metal, concrete or rock circle such as those typically found in campgrounds Exempt Appliances/Devices: Gas appliances (grills, bar-b-ques and fire pits), smokers and wood fired pizza ovens METHODOLOGY Of the various systems used for implementing burn restrictions, the most widely used is the National Fire Danger Rating System (NFDRS) which identifies five color coded levels of fire danger ranging from Low (Green) to Extreme (Red) and is summarized in Table 1 below. As a system that has been adopted by Federal Fire Agencies as well as the Washington Department of National Resources (DNR), the NFDRS shall be used as the methodology to establish burn restrictions within Mason County. Additional information on the NFDRS can be found at: https://www.nwcg.gov/sites/default/files/products/pms932.pdf POLICY Due to the overlap in State and local jurisdictional responsibility and to minimize public confusion, it shall be the policy of the Mason County Fire Marshal’s Office (MCFMO) and Mason County Fire Chief’s Association (MCFCA) to remain as consistent as possible with any burn restrictions or bans implemented on Federal or DNR lands. To that end, when notified by the DNR of any impending restrictions, they shall be mirrored by the MCFMO and MCFCA. These usually occur during the Cooperating Agencies Conference Call held each Wednesday at 10 AM between the Federal Fire Agencies and DNR when the predicted fire danger for the upcoming week is announced. Depending on the level of fire danger, the corresponding burning restriction identified in Table 1 will apply. Mason County Fire Marshal’s Office POLICY: Burn Restrictions APPROVED BY: PAGE 2 OF 2 EFFECTIVE DATE: Originated: July 10, 2022 Page: 2 of 2 Table 1 NFDRS & Corresponding Restrictions Fire Danger Rating and Color Code Description Land Clearing Residential Burning Recreational Burning Low (L) Green Fuels do not ignite readily from small firebrands although a more intense heat source such as lighting may start fires in duff or punky wood. Fires in open cured grasslands may burn freely a few hours after rain but wood fires spread slowly by creeping or smoldering and burn in irregular fingers. Allowed (Permit Required) Allowed Allowed Moderate (M) Blue Fires can start from most accidental causes, but with the exception of lightning, fires in some areas, the number of starts is generally low. Fires in open cured grasslands will burn briskly and spread rapidly on windy days. Timber fires spread slowly to moderately fast. Restricted Restricted Allowed High (H) Yellow All fine dead fuels ignite readily and fires start easily from most causes. Unattended brush and campfires are likely to escape. Fires spread rapidly and short distance spotting is common. High intensity burning may develop on slopes or in concentrations of finer fuels Restricted Restricted Restricted if by DNR Proclamation or ORRCA Very High (VH) Orange Fires start easily from all causes and immediately after ignition spread rapidly and increase quickly in intensity. Spot fires are a constant danger. Fires burning in light fuels may quickly develop high intensity characteristics such as long distance spotting and fire whirlwinds when they burn into heavier fuels Restricted Restricted Restricted Extreme (E) Red Fires start quickly, spread furiously and burn intensely. All fires are potentially serious. Development into high intensity burning will usually be faster and occur from smaller fires than in the very high danger class. Direct attack is rarely possible and may be dangerous except immediately after ignition Restricted Restricted Restricted On occasion, situations may arise that warrant implementing burn restrictions at a time outside of the Cooperating Agencies Conference Call. If this should occur, the MCFMO shall work with DNR and the MCFCA in an expeditious manner to make such a determination as soon as is practical. NOTIFICATION/MESSAGING Once a determination has been made to implement any burn restrictions, it is imperative a clear and consistent message is disseminated to the fire community, allied governmental agencies, elected officials and the general public. To achieve this, the MCFMO shall take the following actions: • Alert the Fire Districts using the Active 911 system prior to notifying the media and general public • Issue a press release to prominent media organizations and the general public • Post the information on the County website home page and Fire Marshal’s website • Post to the County’s Facebook page In addition to these activities, all County Fire Districts shall make a good faith effort to share and distribute this information to the public within their respective jurisdictions. It is recognized that when restrictions are implemented, fire personnel will encounter some burning by responsible property owners until the notifications become well known. When responding to these situations, personnel should use their professional judgement to evaluate the hazard to the wildland before taking action. As entities with intimate knowledge of both their population and response area, each is unique position to deliver the message at a personal level along with an opportunity to education their constituents as to the dangers or wildfires and importance of the restrictions. RESOLUTION NO. A Resolution Establishing the Mason County Fire Marshal’s Burn Ban Policy WHEREAS, wild fire seasons have grown longer and Mason County has been subjected to an increasing number of heatwaves and wild fire threats and a necessity has emerged to establish a unified policy to implement burn restrictions and burn bans; and, WHEREAS, at the State and Federal levels the National Fire Danger Rating System has been established and a consistent and coordinated approach for the implementation of burn restrictions and/or bans is needed to minimize public confusion and reduce the demand on the Fire Districts; and, WHEREAS, the Mason County Board of County Commissioners unanimously approved the Mason County Fire Marshal’s Burn Ban Policy at the August 30, 2022 Regular meeting; and, NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby adopt the Mason County Fire Marshal’s Burn Ban Policy (Attachment A) and add it to the Mason County Code. DATED this day of _____________, 2022. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ___________________________________ Kevin Shutty, Chair ___________________________________ Sharon Trask, Vice-Chair ___________________________________ Randy Neatherlin, Commissioner MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District KEVIN SHUTTY 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 (360) 275-4467 ext. 419 (360) 482-5269 ext. 419 Fax (360) 427-8437 DATE To Whom It May Concern, First and foremost, thank you for your service to North Mason’s residents. Your funding allows our residents to be able to live healthier and happier lives. The County would like to offer its staunch support of The Arc of the Peninsulas, their mission, and their presence in Mason County. The Arc of the Peninsulas is a wonderful addition to the community as they work to advocate for and with individuals with intellectual and developmental disabilities. They have a long history of advocacy and empowerment dating back to 1938. Although The Arc of the Peninsulas’ physical presence is new to Mason County, this agency has been working in the community since 2019 teaching classes at both North Mason and Shelton School Districts. They have built a reputation for being professionals and the expert at treating people they serve with compassion and dignity. The staff of The Arc of the Peninsulas is committed to empowering its member-clients to take control of their own lives and their own futures. We are full and vocal supporters of The Arc of the Peninsulas and all of their programs. The expansion of programs for North Mason residents is essential to the growth of the County. Tari Landsberger, Program Manager, has worked to build curriculum, teach, and grow the Healthy Relationships program. Healthy Habits is an 8-week hour long class intended to empower adults with intellectual and developmental disabilities to know what their bodies need in order to function. Upon completion, participants will understand what nutrients their body needs and how it makes an impactful change for themselves through the creation and maintenance of healthy habits. This nutritional addition is central to the work at the heart of what the Public Hospital District provides to its residents. It reflects the mission of your agency in the promotion of wellness through facilitation of good nutrition, exercise, and healthy lifestyle choices. I hope you will consider being a champion for this very worthy cause. Kindest regards, ___________________ Kevin Shutty, Chair ___________________ Sharon Trask, Vice-Chair ___________________ Randy Neatherlin, Commissioner Item 8.13 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Dave Windom Ext. 260 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): June 27, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.14 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request for Proposals for the Memorandum of Agreement between Mason County and Squaxin Island Tribe Background/Executive Summary: Mason County is hoping to post a Request for Proposals (RFP) to complete the data collection portions of the Memorandum of Agreement (MOA) between Mason County and Squaxin Island Tribe. This portion of the MOA looks at current and future water use by drainage within the Water Resource Inventory Area (WRIA) 14 related specifically to the Goldsborough and Johns Creek drainages. Budget Impact (amount, funding source, budget amendment): Up to $50,000 Public Outreach (news release, community meeting, etc.): Posting RFP Requested Action: Approval of the Request for Proposals for completion of the Squaxin Island Tribe and Mason County Memorandum of Agreement (MOA) Water Resource Inventory Area (WRIA) 14 inventories in the Goldsborough Creek and Johns Creek drainages. Attachments: RFP Mason County Request for Proposals for Completion of data for the Squaxin/Mason County MOA 1. Summary and Background: This RFP seeks to collect data addressed within the Memorandum of Agreement between Mason County and the Squaxin Island Tribe. 2. Bidder Qualifications: Bidder should have experience in Water Resource Inventory Areas (WRIA) and evaluating data related to water use from domestic wells. The successful bidder will be well versed in GIS, data analysis, and presentation. Bidders should include examples of this type of work within the Puget Sound area. 3. Project Purpose and Description: 5.3 Mason County and the Squaxin Tribe of Indians have entered into a Memorandum of Agreement (MOA) regarding current and future domestic water usage in the WRIA 14 area. This project seeks to complete the data requests outlined in the MOA which have not been completed to date. The project specifically finishes work in Sections 5.2.1 through 5.2.1.6. Items 5.3.2 through 5.3.4 and 5.4(a). The entire MOA is available upon request to aid in the application process. 4. Project Scope-of-Work: Mason 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. Prepare an initial case report for the Johns Creek watershed that refines and makes realistic water use projections in Section 5.3 by scrutinizing potential land subdivisions and limitations imposed by the County's Resource Ordinance, MCC Ch. 8.52. 1. For each subbasin, will inventory current water uses. The inventory will estimate- all residential dwellings and other buildings inside the service area of an approved public water system; all residential dwellings and other buildings using permit-exempt wells outside the service area of an approved public water system; • estimated number and location of permit-exempt wells used for domestic supply or other beneficial purposes otherwise authorized under RCW 90.44.050; 2. 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 develop with the Tribe a timetable for the County's development of such reports for the remaining watersheds with instream flows. 5. Project Timeline: The project should commence within two weeks of award of contract and be complete within 90 days unless otherwise specified. 6. Costs/Budget: The bidder should include the budget for research, analysis, and presentation of final findings. 7. Special Requirements: No special requirements 8. Proposal Requirements: Proposal must contain the following components. Additional information that may prove beneficial to the County during the rating and awarding process is welcomed. Proposers are asked to refrain from submitting proposals that will not be easily duplicated such as those with spiral binding, photos, and fold-out or other larger than letter-sized paper. 1. Contact name, address, telephone number, fax number, and e-mail address. 2. Detailed description of skills, experience, and ability to meet project requirements including identification and designation of roles/responsibilities of key project staff. 3. Client references including project type, dates, contact info and description. 4. Detailed description of the approach to the project including all of the requirements listed below. 5. Detailed project timeline and deliverables. 6. Statement of acceptance to perform services in compliance with federal, state, and local regulations. 7. Statement of acceptance, ability and willingness to: enter into a Professional Services Contract 8. Comprehensive and detailed break-down of proposal budget including fee structure/schedule. 9. Proposal Submission: The Proposal must be submitted on letter size paper with type that is a minimum of 11 point font, not exceed 10 pages in length and may be submitted in an electronic format. The submittal period closes at close of business on October 28th. Late submissions will not be reviewed. 10. Request for Proposal Process and Timeline The submission period begins upon approval by the Mason County Board of Commissioners and Closes on October 28th, 2022 at the close of business. The review period will be from October 31st to November 10th. The award is anticipated to be announced on November 15th. The Request for Proposal will have a two week contracting period with an anticipated start date of December 1st 2022. The contract deliverables shall be complete within 90 days. 11. Proposal Evaluation Criteria: Technical Review-Proposals will be reviewed to ensure that they meet the specifications as detailed in this RFP. Proposals that do not meet the requirements will not be scored and will be removed from further consideration. Proposals that pass the technical review will be scored by a Review Committee based on the following criteria: Proposals will be scored based on the following criteria. The scoring criteria are subject to change without notice. Proposal Component Rated from 1-10 with 1 being the lowest Demonstrated project experience and skills 1 2 3 4 5 6 7 8 9 10 Capabilities of key project staff 1 2 3 4 5 6 7 8 9 10 Experience working with governmental entities 1 2 3 4 5 6 7 8 9 10 Experience working in project area 1 2 3 4 5 6 7 8 9 10 Proposed approach 1 2 3 4 5 6 7 8 9 10 Proposed scope-of-work 1 2 3 4 5 6 7 8 9 10 Proposed timelines 1 2 3 4 5 6 7 8 9 10 Proposed deliverables 1 2 3 4 5 6 7 8 9 10 Project budget 1 2 3 4 5 6 7 8 9 10 Inclusion of required Statements 1 2 3 4 5 6 7 8 9 10 Client references 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 12. Ownership of Documents Any material submitted by a proposer shall become the property of the County. Materials submitted after a contract is signed will be subject to the ownership provision of the executed contract. 13. Equal Opportunity Employer Mason County is an equal-opportunity employer. We strive to create a working environment that includes and respects cultural, racial, ethnic, sexual orientation, and gender identity diversity. Women, racial and ethnic minorities, persons of disability, persons over 40 years of age, veterans or people with military status, and people of all sexual orientations and gender identities are encouraged to participate. Contact Information: David Windom dwindom@masoncountywa.gov 360-427-9670 ext 260 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 26, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.15 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. 20-026 County Code: __________ Item: Amendment 3 of the HCRPIC Phase 4 contract with the Hood Canal Coordinating Council (HCCC) Background/Executive Summary: Mason County Public Health is currently under contract with HCCC to conduct pollution investigation, correction, and public outreach activities in the Hood Canal area with a focus on Annas Bay. The current contract expires September 30, 2022. Funding remains in this contract that cannot be spent before the end of the current contract. Amendment 3 will extend the expiration date to December 31, 2022 and increase the maximum septic rebate amount from $350 to $500 per service. Budget Impact (amount, funding source, budget amendment): Extends availability of contracted funds. Public Outreach (news release, community meeting, etc.): None Requested Action: Approval of the Hood Canal Regional Pollution and Identification Correction (HCRPIC) Phase 4 Amendment No. 3 with the Hood Canal Coordinating Council (HCCC) to extend the end date from September 30, 2022 to December 31, 2022 and increase the maximum rebate amount from $350 to $500 per rebate. Attachments: Agreement Amendment 3 Hood Canal Coordinating Council Jefferson, Kitsap & Mason Counties; Port Gamble S'Klallam & Skokomish Tribes 17791 Fjord Drive NE, Suite 118, Poulsbo, WA 98370 HCCC & Mason County Public Health – Agreement Amendment 3 Page 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE HOOD CANAL COORDINATING COUNCIL AND MASON COUNTY PUBLIC HEALTH PROFESSIONAL SERVICES CONTRACT AGREEMENT AMENDMENT‐3 This Agreement Amendment is made and entered into between Mason County Public Health, an independent consultant located at 411 North 5th Street, Shelton, WA 98584 (see Contract Exhibit B Checklist for consultant's EIN and UBI numbers), hereinafter “Consultant”, and the Hood Canal Coordinating Council, with its principal office located at 17791 Fjord Drive NE, Suite 118, Poulsbo, WA 98370, hereinafter “HCCC.” In consideration of the mutual benefits and covenants contained herein, the parties agree that their original Agreement (MC Contract #20‐026), dated March 17, 2020; Agreement Amendment No. 1, dated September 21, 2020; and Agreement Amendment No. 2, dated November 29, 2021, for work performed under Washington Department of Health, Hood Canal Regional Pollution and Identification Correction (HCRPIC) Program Phase 4, shall be amended as follows according to Exhibit A ‐ Independent Consultant Scope of Services,: Summary of changes (see details underlined below): ‐ Extend end date from Sep 30, 2022 to Dec 31, 2022 ‐ Task 3.2 o (c) Deliverable date changed from Sep 30, 2022, to Dec 31, 2022 o (5): Deliverable date to purchase field supplies changed from Sep 30, 2022, to Dec 31, 2022 ‐ Task 3.3: Onsite Septic System Maintenance Rebates – Increase maximum rebate amount from $350 to $500 per rebate o 3.3(c): Deliverable date changed from Sep 30, 2022, to Dec 31, 2022 ‐ Updated HCCC and Mason County contact information EXHIBIT A Independent Consultant Scope of Services Hood Canal Regional Pollution Identification and Correction Program – Phase 4 Consultant: Mason County Public Health Description of Services Mason County Public Health (MCPH) will provide services to support the implementation of the Hood Canal Regional Pollution Identification and Correction (HCRPIC) Program’s Phase 4, as described below. HCCC & Mason County Public Health – Agreement Amendment 3 Page 2 This Agreement may require modification based on circumstances beyond the control of HCCC and Mason County. PIC projects rely on field work (parcel surveys and investigations) to identify OSS failures. The field work portion of this project is subject to the uncertainty of current and potential COVID‐19 constraints. HCCC will monitor the Governor’s COVID‐19 safety restrictions and orders for implications on this Scope of Work and may need to amend or terminate this contract as directed by the Governor and State Department of Health. During the course of this project, coordinators will work closely with field partners and follow Washington state guidance to determine how and when PIC field work can be safely conducted. The Parties recognize that field work timelines will need to be extremely flexible due to potential public safety limitations and available staff resources. The following project information is excerpted from HCCC’s base agreement scope of work with WA state Department of Health: Contract number: CBO24134 Subrecipient Organization: Hood Canal Coordinating Council Subrecipient Contact: Haley Harguth, Watershed Program Manager, hharguth@hccc.wa.gov, 360.328.4625; Scott Brewer, Executive Director, sbrewer@hccc.wa.gov, 360.531.0575 DUNS #: 620533930 CPAR Info (Statewide Vendor #, UBI, Federal Tax ID, etc.): 0011386‐00, 602‐080‐310, 91‐ 2085994 DOH Contract Manager: Megan Schell megan.schell@doh.wa.gov 360.236.3307 Federally Approved Indirect Rate: 10% (de minimis) Period of Performance: DOE –September 30, 2022 December 31, 2022 NOTE: EPA stretch goals are to spend awarded funds within 2 years Project Description: This project funds pollution identification and correction activities to protect and improve Hood Canal water quality to safeguard public and ecosystem health and keep shellfish growing areas and recreational beaches open by preventing bacterial pollution flowing into surface waters. The Hood Canal Regional Pollution Identification and Correction Program brings together local health jurisdictions and tribal partners across the Hood Canal region to coordinate water quality protection actions. This unique regional structure enables cross‐jurisdictional sharing of resources and expertise to solve water quality challenges threatening Hood Canal’s community and ecosystem health. Not to exceed: $329,714 Near Term Action ID: 2018‐0639 OVERVIEW The Hood Canal Regional Pollution Identification and Correction Program (HCRPIC) core partners will work collaboratively to implement prioritized Pollution Identification and Correction (PIC) work throughout Hood Canal to help reduce bacterial contamination and increase harvestable shellfish acres. HCRPIC core members include Jefferson, Kitsap, and Mason Counties, the Port Gamble S’Klallam and Skokomish Tribes; other partners include the county conservation districts, Hood Canal Salmon Enhancement Group, and WSU Extension. HCCC & Mason County Public Health – Agreement Amendment 3 Page 3 There are eighteen shellfish growing areas in the Hood Canal Action Area. As of 2019, the Hood Canal Action Area had 29,766 acres of approved growing areas, 1,515 acres with conditional approval, and about 3,144 acres of prohibited or restricted growing area. Washington State Department of Health (DOH) has identified several emergency closure zones, threatened areas, and areas of concern based on marine water quality data. There are close to 30,000 onsite sewage systems (OSS) in the project area, many in close proximity to waterbodies and approximately one third of the systems are over 30 years old. PIC programs have been essential to maintain and improve water quality and will continue to be vital for the health of Hood Canal and its communities. The project will primarily address fecal pollution and associated pathogens. As fecal pollution sources are corrected, less nutrients and organic materials, associated with human and animal waste, will enter Hood Canal. That will result in less oxygen demand to break down algae blooms resulting from excess nutrients and the organic materials in waste. Hood Canal Regional PIC Program implementation will identify and correct pathogen sources. The resulting water quality improvements will help achieve the Puget Sound Partnership’s Vital Sign recovery target to increase harvestable shellfish acreage. Phase 1 of the HCRPIC program developed a coordinated PIC monitoring plan with the goal to upgrade shellfish harvest areas and prevent future downgrades in Hood Canal priority areas. In the Phase 2 and 3 implementation phases, priority shoreline areas were determined by HCRPIC members using current water quality monitoring information to identify the most important shoreline areas to survey. The prioritization of shoreline areas will be updated annually as new data emerges. Phase 3 ended in August 2019, collectively resulting in 66 shoreline miles monitored, 380 site inspections completed, 55 OSS failures identified, with 28 OSS repairs completed and the rest in progress. The incomplete OSS repairs will continue to be tracked in Phase 4. Phase 4 builds off of previous implementation phases but with a reduced scope of work due to funding limitations. HCRPIC Program ‐ Phase 4 components include: shoreline surveys in priority Hood Canal shoreline areas, pollution hotspot investigation and correction, updated GIS mapping of OSS in Hood Canal, outreach and education to Hood Canal OSS property owners and decision makers, OSS maintenance rebates, ambient stream water quality monitoring, and regional inter‐jurisdictional coordination. The Phase 4 work plan will be developed in consultation with DOH and will include: Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend, Alderbrook, and Annas Bay, and Other areas with urgent public health or emerging water quality concerns HCCC & Mason County Public Health – Agreement Amendment 3 Page 4 GOALS & MEASURABLE OBJECTIVES Description (e.g., “shellfish beds reopened”) Units (e.g. “acres”) Targets (“number”) Upgrade 50 acres from prohibited to approved in Hoodsport area of Hood Canal 6 Acres 50 Reopen all closed parcels due to elevated bacteria in drainages or due to failing onsite septic systems Parcels 20 Number of hotspots identified in Mason County Hotspots Unknown (will be reported quarterly) Number of site inspections completed in Mason County Site Inspections 75 Number of OSS failures identified in Mason County OSS Failures 5 Number of OSS failures corrected in Mason County OSS Corrections 5 Area of shoreline surveys conducted in priority areas Miles 3 Number of ambient freshwater samples collected Samples 100 MASON COUNTY’S HCRPIC PHASE 4 TASKS The following are the tasks, deliverables, and deadlines associated with this subaward. Task numbering aligns with the task numbers in HCCC’s base grant with DOH. TASK 3. Hood Canal Regional Pollution Identification and Correction Program Phase 4 Implementation 3.1 HCRPIC Program Coordination: This task includes: collaboration with program partners to establish shared protocols and work flows, and the Phase 4 Workplan, preparation of invoices and progress reports for project coordinators, coordination of County staff on work toward Phase 4 objectives, coordination with landowners within the project area, upkeep and quality assurance of program data, data reporting, and contributions to program deliverables, including quarterly and final reports, sustainable funding efforts, and outreach materials. Project Coordination: Coordinate implementation of HCRPIC in your jurisdiction following HCRPIC protocols described in the HCRPIC Guidance Document and the project QAPP. Monitor spending and progress toward deliverables. Submit monthly invoices and progress reports (using HCRPIC Program templates) by the 15th of the following month. Communicate any concerns to HCRPIC Coordinator that progress is not on track. Invoices will be reimbursed upon satisfactory progress and reporting on the deliverables within each payment period. HCCC & Mason County Public Health – Agreement Amendment 3 Page 5 ‐ Send invoices via e‐mail to HCCC accountant, Terry Fischer (tfischer@hccc.wa.gov) ‐ Send progress reports via email to Nate White (nwhite@hccc.wa.gov) Heidi Huber (hhuber@hccc.wa.gov) HCRPIC Ph. 4 Workplan: HCRPIC partners will work collaboratively to develop the HCRPIC Phase 4 Workplan, which will establish priority areas for shoreline and ambient freshwater stream monitoring and sanitary surveys, targeting areas of known pollution hotspots, or facing shellfish growing area downgrades. The Phase 4 Workplan will be informed by data from the HCRPIC Program Phase 3 results and GIS analysis, current water quality information gathered from county health jurisdictions and tribes, and monitoring data and recommendations from Washington State Department of Health technical staff. It will outline tasks to build upon supporting work conducted in Phase 3. The Phase 4 Workplan will outline any changes to HCRPIC Program procedures for data collection, PIC hotspot investigations, and reporting, including the enforcement process and timeline, and protocol for communication of public health risks. Field work activities cannot begin until the HCRPIC Phase 4 Workplan is completed. Data Collection & Reporting: Submit field work data to project coordinators every quarter using the HCRPIC Cumulative Data Report template. Data reported to the HCRPIC Program should include all PIC field work performed in Hood Canal funded by the HCRPIC Program grant, as well as other funding sources, in order to provide a comprehensive report of all Hood Canal PIC efforts across jurisdictions. Data is expected to be thoroughly reviewed by the submitter for quality assurance and quality control prior to it being submitted. Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis, mapping, and EPA WQX data entry. All data collected that is funded by this grant must be shared with state and federal agencies upon request. HCRPIC Guidance Group Meetings: HCRPIC partners will share information and ideas, make collaborative decisions, and help guide HCRPIC Program’s direction. The Guidance Group provides oversight, guidance, shared learning, and structure for consistent procedures across the PIC program. Guidance Group meetings with project partners will be held quarterly or as needed to advance collaborative work in the PIC project area. At Guidance Group meetings, partners will: ‐ Report on Ph 4 Workplan implementation, including current progress updates, success stories, lessons learned, requests for advice and assistance, next steps, upcoming events, etc. ‐ Present hotspots for consideration of elimination following hotspot closure protocol described in HCRPIC Guidance Document. This information will be included in the HCRPIC Ph. 4 final report. ‐ Provide updates on sustainable funding efforts. Strategic Planning/Sustainable Funding: Strategic planning efforts will be conducted to develop and implement a plan to enhance the HCRPIC Program’s efforts to reduce bacterial contamination in the shellfish growing areas of Jefferson, Kitsap, and Mason Counties. HCRPIC partners will work with program coordinators to develop a strategic plan, which addresses the key elements in the Pollution Identification and Correction Program Draft Protocols Recommendations provided by the Departments of Health and Ecology. The Guidance Group will determine objectives and scope of activities, which may include hiring an outreach consultant to support the development of a sustainable funding outreach campaign, outreach products, and presentations to decision‐makers on water quality protection, program successes and sustainable funding. HCRPIC partners will provide updates of sustainable funding efforts at Guidance Group meetings. HCCC & Mason County Public Health – Agreement Amendment 3 Page 6 Training/Workshops: Assist project coordinators in preparing and leading HCRPIC Field Training Workshop. The HCRPIC members will participate in a field training and data reporting workshop addressing HCRPIC protocols and procedures. The workshop will be held in the first quarter after contract agreements are in place. LHJ Project coordinator and at least one field staff participating in HCRPIC Program field activities must attend the training. Project partners may participate in DOH‐sponsored PIC workshops and other trainings/events (subject to grant coordinator approval), as funds allow. Maximum of two events per sub‐recipient, or two people may attend a single event. 3.2 Pollution Identification and Correction Fieldwork The HCRPIC Program members will identify, investigate, and work to correct all pollution sources found throughout the project period, utilizing a variety of tools, collaborative problem solving amongst the HCRPIC Guidance Group, and regulatory backstopping, as needed, in order to achieve project objectives outlined above. HCRPIC Program partners will determine Phase 4 priority work areas, including: ‐ Remaining Phase 3 priority hotspots and work areas including Hoodsport, Union, Big Bend, Alderbrook, and Annas Bay‐Skokomish River valley, and ‐ Other areas with urgent public health or emerging water quality concerns MCPH will utilize this grant funding to investigate priority area shoreline drainages and conduct parcel surveys to identify sources of fecal coliform bacteria. They will provide technical assistance, work to correct identified sources, and conduct post‐corrective follow‐up. MCPH will provide the regulatory backstop of enforcement with the help of WA Departments of Ecology and Health as needed, depending on the facility type. Shoreline surveys for pollution hotspots: Monitor shoreline for pollution outfalls in priority areas identified in the HCRPIC Phase 4 Workplan and per HCRPIC Guidance Document protocols and approved QAPP procedures. Document areas surveyed using HCRPIC Shoreline Surveys Log (included in the Cumulative Data Report). Pollution hotspot investigation and correction: Within the priority areas identified in the HCRPIC Phase 4 Workplan, MCPH will conduct pollution source investigation and follow‐up of hotspots identified in shoreline surveys and ambient stream monitoring, technical assistance, and enforcement with regulatory backstopping according to the enforcement protocol developed by the HCRPIC Guidance Group and documented in the Phase 4 Workplan. Procedures are outlined in the HCRPIC Program Guidance Document and the QAAP. Freshwater stream monitoring for pollution hotspots: Collaborate with Hood Canal Salmon Enhancement Group to support freshwater monitoring of streams identified in HCRPIC Phase 4 Workplan, per QAPP procedures. Task 3.2. activities will begin after the HCRPIC Phase 4 Workplan is finalized. HCCC & Mason County Public Health – Agreement Amendment 3 Page 7 Water Quality Information Sharing: HCRPIC and DOH have built an information sharing process to quickly and efficiently: ‐ Prioritize HCRPIC work areas ‐ Provide DOH with post‐corrective water quality data ‐ Respond to DOH early water quality warnings All pollution identification data funded by the grant will be regularly shared with state or federal agencies. All pollution hotspots identified by HCRPIC partners will be referred to DOH, and new pollution hotspots identified by DOH will be referred to the local health jurisdictions. Updates on progress toward pollution source identification and repairs will be regularly provided by local health jurisdiction staff, and progress toward water quality upgrades by DOH and remaining information needs will be shared at Guidance Group meetings, and as needed. Any identified agricultural pollution sources will be referred to the local Conservation District. Data Reporting: ‐ Field work data will be entered into the HCRPIC Cumulative Data Report template and submitted to program coordinators quarterly. See further description of data collection and reporting activities in task 3.1. ‐ Enter monitoring data into Kitsap Public Health’s online cloud‐based water quality database to facilitate EPA WQX data entry annually, and at end of project. ‐ Final Cumulative Data Reports will be submitted to project coordinators after field work is completed to prepare for analysis and mapping. Purchase PIC Field Supplies: Funds from HCCC’s Hood Canal Shellfish Initiative grant were awarded to Mason County to support PIC work through the purchase of needed supplies. MCPH will purchase the following PIC sampling supplies with these funds: ‐ 2x Telescoping sampling wands ‐ 2x refractometers ‐ 1x weighted bottle sampler ‐ 1x multi‐parameter water quality meter 3.3 Onsite Septic System Maintenance Rebates Homeowner rebates for onsite septic system maintenance will be provided to priority parcels by local health jurisdictions. These rebates were very successful in Phases 2 and 3 to incentivize homeowners to properly operate and maintain their septic systems. In Phase 4, HCRPIC partners will offer rebate vouchers up to $350 $500 per OSS, to reimburse costs for OSS inspections and pumping, and small repairs. Rebate notices will be distributed to targeted residences using a consistent format across jurisdictions. The criteria for rebate recipients will be determined by the Guidance Group and approved by DOH. In past phases, criteria were set to target homeowners who had not previously received a voucher, located in priority areas, or had missing or overdue maintenance records. Data on rebate recipients and services reimbursed will be tracked and analyzed to evaluate the effectiveness of the rebate program as a behavior change tool and inform future phases. HCCC & Mason County Public Health – Agreement Amendment 3 Page 8 Deliverables Task Deliverable Description Due Date 3.1 Describe coordination activities in monthly progress reports. Report on workplan implementation progress at quarterly Guidance Group meetings. Ongoing, monthly At quarterly Guidance Group meetings 3.2 1) Describe PIC activities in monthly progress reports 2) Report on workplan implementation progress at quarterly Guidance Group meeting 3) Submit Cumulative Data Report to HCRPIC coordinators 4) Enter monitoring data into Kitsap Public Health District’s cloud database 1‐3 above will address the following project objectives: a. At least 3 miles of priority shoreline in Hood Canal Areas monitored per Phase 4 Workplan b. Collect approximately 200 water samples c. Conduct approximately 75 priority parcel surveys d. Report number of sites dye tested e. Report number of failing septic systems identified f. Report number of failing septic systems corrected g. Number, location, and status of sites referred to other agencies for technical and/or corrective actions 5) Purchase PIC field supplies 1) Ongoing, monthly 2) At quarterly Guidance Group meetings 3) Quarterly, one week prior to Guidance Group meetings; and at end of field work 4) Regularly, and at end of field work b. Complete 10% by Apr 15, 2021; Complete 30% by Jul 15, 2021; Complete 60% by Jan 15, 2022 c. Sep 30, 2022 Dec 31, 2022 5) September 30, 2022 Dec 31, 2022 3.3 OSS Maintenance Rebates a) Provide input on HCRPIC Phase IV rebate process for DOH review and approval b) Develop OSS rebate outreach materials using HCRPIC template c) Report number of rebates processed in monthly progress reports and in final reporting a) Oct 31, 2020 b) Dec 31, 2020 c) Ongoing, complete by Sep 30, 2022 Dec 31, 2022 HCCC & Mason County Public Health – Agreement Amendment 3 Page 9 Project Budget HCRPIC Program Ph. 4 Budget – Mason County Task 3.1: Program Coordination Personnel Finance Manager $60 per hour x 79 $4,740 Clerical $50 per hour x 40 $2,000 EH Manager $60 per hour x 31 $1,860 EH Specialist $60 per hour x 190 $11,400 Personnel Subtotal $20,000 Other Costs Other (provide description) $0 Other Costs Subtotal $0 Indirect Costs 10% $2,000 Task 3.1 Subtotal $22,000 Task 3.2: PIC Fieldwork Personnel EH Specialist $60 per hour x 2120.62 $127,237 Personnel Subtotal $127,237 Other Costs Lab Analysis 200 samples @ $29 $5,800 Postage Mailings $300 Materials Paper, dye packets, other supplies $300 PIC supplies 2x Telescoping sampling wands 2x refractometers 1x weighted bottle sampler 1x multi‐parameter water quality meter $6693 Other Costs Subtotal $13,093 Indirect Costs 10% $14,033 Task 3.2 Subtotal $154,363 Task 3.3: OSS Maintenance Rebates Personnel EH Specialist $60 per hour x 18.94 $1,136 Personnel Subtotal $1,136 Other Costs OSS O&M Rebates $12,500 HCCC & Mason County Public Health – Agreement Amendment 3 Page 10 Other Costs Subtotal $12,500 Indirect Costs 10% $1,364 Task 3.3 Subtotal $15,000 Subtotals Personnel Total $148,373 Other Costs Total Lab analysis, postage, materials, PIC supplies, rebates, other $25,593 Travel Total (Describe if any) $0 Indirect Costs 10% $17,396 Grand Total $191,362 Compensation: The Consultant shall be compensated under this agreement in an amount not to exceed: $$191,362. Submit monthly invoices to the Accountant by the 15th of the following month. Expenses are payable with prior authorization from HCCC project manager, and contingent upon satisfactory progress reporting toward completion of project deliverables. Consultant shall submit the final invoice, or any claims for payments not already made, no later than 30 days from the expiration or termination of the agreement. Progress Reporting: Consultant will submit progress reports each month by the 15th of the following month to accompany invoices. A progress report template will be provided. Submit progress reports to the project manager. Travel: If claiming mileage Consultant will submit a mileage Report for reimbursement with invoice. Mileage and travel costs will be reimbursed at current federal rates or allowances. Contract Duration Date: The effective date is the date the contract is signed by the Executive Director and ends September 30, 2022 December 31, 2022. Consultant Checklist: Consultant previously completed and provided requested information on Exhibit B. Contract Representatives: Scott Brewer, Executive Director Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370‐8430 360‐531‐0575 sbrewer@hccc.wa.gov HCCC Project Managers: Heidi Huber, Programs Development Specialist Hood Canal Coordinating Council HCCC & Mason County Public Health – Agreement Amendment 3 Page 11 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370‐8430 hhuber@hccc.wa.gov 360‐620‐3615 Haley Harguth, Watershed Program Manager Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370‐8430 hharguth@hccc.wa.gov 360‐328‐4625 Nate White, Watershed Project Coordinator Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370‐8430 nwhite@hccc.wa.gov 360‐900‐6442 Accountant: Terry Fischer Hood Canal Coordinating Council 17791 Fjord Drive, NE Suite 118 Poulsbo, WA 98370‐8430 tfischer@hccc.wa.gov 360‐536‐1338 Consultant Representative(s): David Windom, Director Mason County Public Health 415 N. 6th Street Shelton, WA 98584 dwindom@co.mason.wa.us 360‐427‐9670 Project Manager: Alex Paysse, EH Manager Mason County Public Health 415 N 6th Street Shelton, WA 98584 alexp@co.mason.wa.us 360‐427‐9670, extension 279 Ian Tracy, EH Manager Mason County Public Health HCCC & Mason County Public Health – Agreement Amendment 3 Page 12 415 N 6th Street Shelton, WA 98584 itracy@masoncountywa.gov 360‐427‐9670, extension 544 Except as expressly provided herein, all other terms and conditions of the original Agreement, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect. This Amendment shall become effective as of September _______, 2022.* *This agreement is made effective as of the date signed by HCCC’s Executive Director and will be noted at the time of signature. For Hood Canal Coordinating Council For Mason County Public Health _________________________________ ________________________________ Scott Brewer, Executive Director Mason County Commissioner Name:___________________________ Approved as to form: _________________________________ Mason County Prosecuting Attorney Date:_____________________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Dave Windom/Mark Neary Ext. 260/530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 26, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.16 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Mason County comments on Squaxin Island Tribe’s application for treatment as a State Background/Executive Summary: Mason County is submitting comments to the Environmental Protection Agency (EPA) regarding the Squaxin Island Tribe’s application for treatment as a State for determining water quality. Comments are due no later than September 30, 2022. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): None Requested Action: Approval to submit Mason County’s response to the Squaxin Island Tribe Treatments as a State Application to the Environmental Protection Agency. Attachments: Response MASON COUNTY’S RESPONSE TO SQUAXIN ISLAND TRIBE TREATMENT AS A STATE APPLICATION TAS APPLICATION – WQS and Water Quality Certification SQUAXIN ISLAND TRIBE of the SQUAXIN ISLAND INDIAN RESERVATION TREATMENT AS A STATE APPLICATION FOR WATER QUALITY STANDARDS AND CERTIFICATIONS UNDER THE CLEAN WATER ACT §§ 303(c) and 401 PROGRAMS Introduction The Mason County Board of Commissioners takes very seriously its duties and responsibilities as the governing body for Mason County. There is probably no greater duty than the protection of private property rights for all residents of Mason County. As a commission, we have serious concerns regarding the language used in the SQUAXIN ISLAND TRIBE of the SQUAXIN ISLAND INDIAN RESERVATION TREATMENT AS A STATE APPLICATION FOR WATER QUALITY STANDARDS AND CERTIFICATIONS. Reading through the application leads the reader to a conclusion that, if enacted in its current form, property rights could be greatly impacted, restricted, and perhaps curtailed for current and future development. Concerns generally. In an analysis of the Squaxin Island Tribe (SIT) request for Treatment As A State, Mason County finds definitions to be vague and proposals overreaching the bounds of tribal reservation and trust lands. Water quality is never comprehensively defined and could be interpreted in a wide variety of ways. What exactly will the tribe be measuring in terms of water quality? Throughout the document, water quality is paired with water quantity. While the two items have an interrelationship, they are treated separately in statute and in negotiations with local stakeholders. Further, it appears that the parameters of the document would allow, if not promote, off-reservation regulation of non-tribal activities. As written, tribal or trust lands located in lower reaches of streams would allow the authority of the tribe to exert authority in the upstream, non-tribal lands to include permit and project review, an authority which belongs to Ecology and Mason County exclusively. This application appears to be an end-run around Chapter 90.82 RCW, WATERSHED PLANNING. The Tribe has twice participated in multi-year watershed planning efforts led by Ecology, only to veto those plans in the end. Public Notification The Tribe has made no notification efforts to the general public besides a notification in The Olympian. Mason County believes that all parcel owners that have parcels within the boundaries shown on Page 31 should have received official notice from the Tribe since regulatory efforts as outlined within the application would have significant impacts on usage and development rights. We have seen no public outreach from the Tribe. Pg. 7 “The quality and quantity of waters within the exterior boundary of the Squaxin Island Reservation and Trust Lands are critical to those cultural and economic interests.” Mason County has concerns that in the future, additional lands can be added to trust lands in locations that spread the influence of tribal regulation into basins not currently within tribal jurisdiction. Again, the addition of water quantity is troubling. Pg. 20 “Mason County (watershed planning). The Tribe and the County entered into a letter of intent that memorialized their intent to develop a watershed restoration and enhancement plan for Water Resource Inventory Area 14a and work toward executing a binding memorandum of agreement. The letter of intent recognizes the government-to-government relationship that exists between them, commits 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.” Mason County entered the MOU as an effort to resolve ongoing litigation. Mason County continues to work through the provisions of the MOU with investments in greater data collection and analysis. The Tribe has twice been part of a watershed planning effort led by Ecology for both WRIA 14 and 15 over the past 15 years. In all instances, the Tribe vetoed a plan for watershed enhancement on the final day of the watershed planning team meeting. It’s significant to note that the proposed plans had adaptive management as integral plan requirements, which would have fostered cooperation and adaptation as conditions changed within the watersheds. The Tribe was highly involved in the process planning throughout the data gathering and plan development process. Still, the Tribe stated that they preferred to retain their right to litigate rather than function as part of a collaboration to develop streamflow improvements and water usage offsets. Pg. 23 “The included maps also identify properties held in fee by the Tribe, notably, in 5.2.3 Skookum Valley. Many of the fee parcels have been or are soon to be submitted to the federal government to be designated trust lands. When, and if, trust status is granted, the Tribe will supplement this Application to include those trust lands. For purposes of the Application, the identification of the Tribe’s fee properties is for information purposes only.” This statement points to a serious concern held by Mason County. Future trust land approvals in downstream reaches act as an anchor to future regulation of upstream, up-basin lands held by non- tribal entities. This concern holds true for all the parcels as outlined in the application from page 31 to page 35. Pg. 36 “There are no limitations or impediments to the Tribe’s authority or ability to effectuate the delegation of authority from Congress as described in this application.” The County finds this statement extremely broad and would request further clarification of its exact intent. Pg. 38 “The surface waters over which the Tribe proposes to implement the WQS, and certification programs are: Squaxin Island Marine waters to -18 MLLW Upper Kamilche Snodgrass Creek and all its tributaries, unnamed freshwater courses, and wetlands Lower Kamilche Little Skookum Creek and all its tributaries, unnamed freshwater courses, and wetlands Arcadia Point Unnamed freshwater courses.” This page is extremely concerning to Mason County. The application asserts regulatory control over ALL tributaries and watercourses regardless of whether those waterbodies are within the tribal reservation or trust lands. The application outlines no means by which this would be investigated or enforced and seems to be a blatant overlap with the regulatory authority already granted to the Department of Ecology and Mason County. This is an unnecessary and gross overreach by the Tribe to assert dominance and their authority over non-tribal lands. Pg 40 Goals 3 and 4, outlined on pages 40 and 41 are the most troubling portions of the application. Goal 3 lists “best available science” as the basis for annual and emergency regulatory development. Who determines what exactly is the best available science? This has been an ongoing controversy between the Tribe and other organizations for some time. There is no standard for “best available science”, the term can be used to back any number of points of view. Goal 4 adds “Coordinate and conduct environmental review of off reservation project permits and proposals.” This is unacceptable to Mason County. The Tribe has no legal basis for review of projects outside the boundaries of tribal lands with the exception of comments within SEPA and similar currently well-established community development standards. For example, US states such as Washington have no authority to regulate waters in Idaho that flow into Washington. It appears that this application is attempting to set a new precedence for cross-jurisdictional regulatory efforts. As written, it appears to be a vehicle to block development on private and public lands. In 2021 Washington Governor Jay Inslee, a strident supporter of environmental issues, vetoed sections of SB 5126 That would have allowed tribal oversight of off-reservation policies and projects. “³AN ACT Relating to the Washington climate commitment act.´ Section 6 requires the development of an improved consultation framework for state agencies to communicate and collaborate with tribes on climate investments made under the act. I strongly support the need for this work, as there are multiple new programs authorized under this act that require the state and tribes to work together. However, this section also requires tribes to provide their consent for climate projects funded by the Climate Commitment Act that might impact tribal interests, which differs from our current government-to- government approach, and does not properly recognize the mutual, sovereign relationship between tribal governments and the state.” Governor Inslee clearly saw the confusing and unneeded overlap between the tribal and state governments. This application suffers from the same errors as seen in the original version of SB 5126 and seems to be a work-around to claim authority for projects and permits off reservation. It is also important to note that Mason County has taken unprecedented steps in improving water quality by enacting a water quality protection district that encompasses all streams that flow into Puget Sound and the Hood Canal watershed. This program is supported by fees on each of the parcels within the district to ensure water quality programs have long-term financial support. The Tribe has a seat on the board of the district. Mason County and the State of Washington are highly dedicated to water quality efforts. Goal 4 states “Document aquatic and riparian habitat conditions and track resource trends throughout the Tribe’s ceded areas.” “Ceded Areas” refers to nearly all lands within Mason County and into neighboring counties as well and exceeds the scope of water quality TAS which specifically references tribal reservation and trust lands and should not be included in the application. Goal 4 also states “Work cooperatively with State, Federal, County, City and private agencies and individuals to ensure the protection of treaty rights and Tribal resources.” The Tribe has shown time and again that it prefers to litigate. Meetings are often introduced with statements about the Tribes’ ability and willingness to litigate. This attitude is further made clear with the following bullet point within Goal 4 which states “Pursue legal strategies for assure protection of Tribal rights and resources.” Conclusion Mason County sees this application as an overreach and largely undefined mechanism to assert control on lands beyond the current reservation and trust lands. This application, if granted, would create an overlap of control between the Tribe, Mason County, and the State of Washington which would lead to more litigation rather than more cooperation. There are currently laws, regulations, and mechanisms in place to protect the waters of the State of Washington. Mason County has no objection to the Tribe monitoring water quality within the boundaries of the current tribal reservation and trust lands but that authority cannot extend beyond those boundaries. In the event that the Environmental Protection Agency approves the application by the Squaxin Island Tribe, Mason County respectfully requests that the Environmental Protection Agency include provisions in any approval that require the Tribe to address the concerns noted above. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Loretta Swanson Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 26, 2022 Agenda Date: October 11, 2022 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.17 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. 22-066 County Code: __________ Item: Execute Easement Agreement with Washington State Department of Natural Resources Background/Executive Summary: The Washington State Department of Natural Resources (DNR) is conducting a timber harvest on lands surrounding the North Bay Water Reclamation Facility. DNR requests access across County-owned tax parcel no. 12219-33-00000. The requested access will not interfere with North Bay facility operations or any anticipated future improvement plans. Staff recommends approval. DNR will compensate Mason County in the amount of $3,100 for the easement. Budget Impact (amount, funding source, budget amendment): $3,100 Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the County Administrator to execute the Easement Agreement with Washington State Department of Natural Resources. Attachments: Agreement Vicinity Map 1 of 9 Agreement No. 55-103875 When recorded return to: Department of Natural Resources South Puget Sound Region Attn: Rights-of-Way Manager 950 Farman Avenue North Enumclaw, WA 98022 Grantor: MASON COUNTY Grantee: WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES Legal Description: Portions of the SW1/4 SW1/4 of Section 19, T ownship 22 North, Range 01 West , Mason County, W.M. Assessor’s Property Tax Parcel or Account Number: 12219-33-00000 DNR Easement No.: 55-103875 EASEMENT THIS AGREEMENT, made and entered into this day of , 20 , by and between MASON COUNTY, a political subdivision of the State of Washington, herein called "Grantor," and STATE OF WASHINGTON, acting by and through the Department of Natural Resources, herein called "State," WITNESSETH: Conveyance . Grantor, for and in consideration of THREE THOUSAND, ONE HUNDRED and NO/ Dollars ($3,100.00), hereby grants, conveys, and warrants to State, its successors and assigns, a perma nent Easement over a parcel of land in Mason County legally described as set forth in Exhibit "A" (hereafter Burdened Parcel) said Easement to be sixty (60) feet in width running thirty (30) feet on each side of a centerline of a road located approximately as shown on Exhibit "B" (hereafter Eas ement Area). Purpose . The Easement is conveyed to provide ingress and egress to and from lands owned by State for the purpose of hauling forest products and/or other profits including but not limited to sand, gravel, stone or farm products , leasing the property and performing management activities associated with timber production, agriculture or the extraction of profits, and leasing the 2 of 9 Agreement No. 55-103875 property for all purposes including communications sites. No public access is allowed. Appurtenant. This Easement shall be deemed appurtenant to the real property now owned by State located in Mason County, legally described as set forth in Exhibit “C” attached hereto and such real property hereafter acquired by the State (hereafter Benefited Parcels). Reservations . Grantor reserves the right at all times for any purpose, to cross and recross the Easement Area at any place on grade or otherwise. Grantor may grant to third parties any or all of the rights reserved therein; provided that use by such party shall be subject to the terms and conditions of this Easement and shall not unreasonably interfere with the rights granted to State herein. Grantor reserves all timber now on or hereafter growing within the rights of way on said lands and the right to remove said timber via the right of way herein granted. Relocation. State shall have the right to relocate the Easement at State's sole cost so long as the new location does not unreasonably interfere with the reserved rights of the Grantor herein. Maintenance . The cost of road maintenance and resurfacing shall be allocated on the basis of respective uses of said roads. When any party uses a road, that party shall perform or cause to be performed, or contribute or cause to be contributed, that share of maintenance and resurfacing occasioned by such use as hereinafter provided. During periods when a road is being used solely by one party, such party shall maintain that portion of said road so used to the standards existing at the time use is commenced. a. The appointment of a maintainer, which may be one of the parties hereto or any third party, who will perform or cause to be performed at a reasonable and agreed upon rate the maintenance and resurfacing of the road or the portion thereof being used; and b. A method of payment by which each party using said road or a portion thereof, shall pay its pro rata share of the cost incurred by said maintainer in maintaining or resurfacing said road or portion thereof. For purposes of this agreement, maintenance is defined as the work normally necessary to preserve and keep the roadway, road structure and road facilities as nearly as possible in their present condition or as hereafter improved. Repairs . Each party using any portion of a road shall repair, or cause to be r epaired, at its sole cost and expense, that damage to said road occasioned by it which is in excess of that which it would cause through normal and prudent usage. Should damage be caused by an unauthorized user, the cost of repair shall be treated as ordinary maintenance and handled as set forth above. 3 of 9 Agreement No. 55-103875 Improvements . Unless the parties agree in writing to share the cost of improvements in advance of such improvements being made, such improvements shall be solely for the account of the improver. Permittees . State may permit its respective agents, contractors, licensees, lessees, purchasers of timber or other valuable materials, and their agents, hereinafter individually referred to as “Permittee” and collectively referred to as “Permittees,” to exercis e the rights granted to it herein. Provided, that when State or one of its Permittees plans to use any portion of said road(s) for the purpose of hauling timber or other valuable materials, such party shall notify Grantor at least fifteen (15) days prior to the commencement of use of said rights, advising of the portion of road to be used, the approximate dates when such use will begin and end, and of the approximate volumes of forest products or valuable materials to be hauled and upon the completion of such use notify Grantor. Insurance . The State of Washington, including all its agencies and departments, is self insured for all exposures to tort liability, general liability, property damage liability and vehicle liability, as provided in statute, but only as respects the negligence of State. Indemnity. State shall defend, indemnify and hold harmless the Grantor from all claims that arise out of the negligence of State or its Permittee in their use of the easement. A "claim" as used in this section mea ns any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the resulting loss of use. Notwithstanding the foregoing, State's obligation to defend, indemnify, and hold harmless the Grantor from any judgment, decree or arbitration award shall extend only to the percentage of negligence of State and its Permittee in contribution to such claim. State waives its immunity under Title 51 RCW only to the extent it is required to indemnify, defend and hold harmless Grantor. This indemnification shall survive the expiration or termination of the easement. 4 of 9 Agreement No. 55-103875 Approved as to Form this _________________________. By:_______________________ _________________________ _________________________ IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate to become effective as of the day and year first above written. MASON COUNTY Dated: , 20 . Mark Neary County Administrator 411 N 5th St. Shelton, WA 98584 (360) 427-9670 Ext 419 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: , 20 . Duane Emmons Acting Deputy Supervisor for State Uplands P.O. Box 7000 1111 Washington Street SE Olympia, WA 98504-7000 (360) 902-1600 Approved as to Form this 11th day of March, 2008. By: Roger Braden Assistant Attorney General State of Washington 5 of 9 Agreement No. 55-103875 REPRESENTATIVE ACKNOWLEDGMENT State of Washington County of _______________ I certify that I know or have satisfactory evidence that Mark Neary is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the County Administrator of Mason County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Signature) (Seal or stamp) (Print Name) Notary Public in and for the State of Washington, residing at . My appointment expires . 6 of 9 Agreement No. 55-103875 STATE ACKNOWLEDGMENT State of Washington County of Thurston I certify that I know or have satisfactory evidence that Duane Emmons is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Acting Deputy Supervisor for State Uplands of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:_________________________ (Signature) (Seal or stamp) (Print Name) Notary Public in and for the State of Washington, residing at . My appointment expires . 7 of 9 Agreement No. 55-103875 EXHIBIT A BURDENED PARCEL Grantor Land Portions of the SW1/4 SW1/4 of Section 19, Township 22 North, Range 01 West, Mason County, W.M. 8 of 9 Agreement No. 55-103875 EXHIBIT B EASEMENT AREA 9 of 9 Agreement No. 55-103875 EXHIBIT C BENEFITED PARCELS State Land Portions of Section 25, Township 22 North, Range 02 West and Section 30, Township 22 North, Range 01 West, Mason County, W.M. North Bay Reclamation Facility - tp122193300000 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community County Boundary No Filled Tax Parcels (Zoom in to 1:30,000) 8/4/2022, 9:24:08 AM 0 0.2 0.40.1 mi 0 0.3 0.60.15 km 1:12,249 Maxar | Mason County WA GIS Web Map Application Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 26, 2022 Agenda Date: September 27, 2022 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☒ Risk ☐ Information Technology (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.18 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. 22-067 County Code: __________ Item: Temporary promotion of Corrections Support Officer Brad McQuade to Alternative Sentencing Unit Coordinator until December 15, 2022 Background/Executive Summary: Currently the Corrections Office is experiencing a staffing crisis and do not have the capability for deputies to continue coordinating the Alternative Sentencing Unit (ASU). In order to keep the program operational and ensure deputies are engaged in higher need areas, there is a need to temporarily promote Corrections Support Officer (CSO) Brad McQuade to ASU Coordinator in accordance with Section 14.3 of the current Collective Bargaining Agreement (CBA). Due to Officer McQuade’s experience and coverage of additional duties, compensation is recommended at Step 2 of the Corrections Deputy Range beginning August 8, 2022 when duties began and be in effect until December 15, 2022. Budget Impact (amount, funding source, budget amendment): Currently funded position (salary savings) Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to temporarily promote Corrections Support Officer (CSO) Brad McQuade to Alternative Sentencing Unit (ASU) Coordinator from August 8, 2022 through December 15, 2022 at Corrections Deputy Range Step 2. Attachments: MOU Memorandum of Understanding Between Mason County Sheriff’s Office And Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff Temporary Essential Work Promotion The Union, (International Association of Machinist and Aerospace Workers) and the Sheriff’s Office, (Mason County Sheriff’s Office), agree to Temporary Promotion of Brad McQuade. Whereas; Brad McQuade, temporarily be promoted to the Alternative Sentencing Unit (ASU) Coordinator. Whereas; Brad is currently in Alternative Sentencing and has trained past ASU Coordinators and being exigent circumstances, the Union and the Sheriff’s Office feel this is a good alternative to temporarily help keep Corrections Deputy’s in much needed areas and keep the ASU program in operation. Compensation, Whereas; The Union and the Sheriff’s Office agree that Brad McQuade has extensive knowledge of the Alternative Sentencing Program, years of service, and the duties of supervising others in the (ASU) program. We came to an agreement that a fair compensation would be a Step 2 Correction Deputy starting August 8, 2022 to cover the additional responsibilities and recognition of experience. Whereas; the Union and the Sheriff’s Office agree to revisit this Temporary Promotion no later than December 16th, 2022 and at such time reevaluate any additional needed extensions not to exceed more than three months between evaluation. Whereas; the Union and the Sheriff’s Office agree that this MOU applies only to the Mason County Jail Alternative Sentencing Supervisor Position. Whereas; the Union and the Sheriff’s Office agree that this will be a non-precedence setting event and is only being done due to the staffing crisis the Mason County Jail is currently facing. Date September 7, 2022 For the Union For the County Business Rep. Commissioner. Larry A. Bickett Kevin Shutty _____________________ _____________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): August 22, 2022 Agenda Date: August 30, 2022 & September 27, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 10.1 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. 2022-063 Contract No. __________ County Code: __________ Item: Adoption of the 2023 Annual Construction Program and 6-Year Transportation Improvement Program Background/Executive Summary: RCW 36.81.121 and 36.81.130 requires the preparation and annual updating of a six-year comprehensive transportation program. WAC 136-14 and 136-15 describe procedures for priority programming and the preparation of the 6-Year TIP. In addition to the required notice and hearing, Mason County established a citizen advisory board for the purpose of increasing public involvement in developing transportation improvement recommendations. The Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) was presented the attached recommended programs in July. The following is the proposed schedule for reviewing and adopting the programs: 8-30-2022 Board sets the Public Hearing date for September 27, 2022 at 9:15 a.m. 8-30-2022 to 9-27-2022 Annual and TIP available for public review 9-14-2022 TIP-CAP recommendations 9-27-2022 Public Hearing to adopt the Annual and 6-Year TIP Budget Impact (amount, funding source, budget amendment): Annual 2022 expenditures are planned to be $12 million, of which $2.76 million will come from the Road Fund and $9.2 million from outside sources. County forces will be used to construct approximately $1,010,500 of the annual construction program. This is under the computer limit of $1.27 million. Public Outreach (news release, community meeting, etc.): Hearing notice published in the Shelton-Mason County Journal TIP-CAP Meetings (open to the public) Drafts available on the Public Works website Mason County Agenda Request Form Requested Action: Action Agenda Approval to set a Public Hearing for Tuesday, September 27, 2022 at 9:15 a.m. to consider the 2023 Annual Construction Program and 2023-2028 Six-Year Transportation Improvement Program (TIP). Public Hearing Approval of the Resolution adopting the 2023 Annual Construction program and approval of the Resolution adopting the 2023-2028 Six-Year Transportation Improvement Program (TIP). Attachments: Draft 2023 Annual Draft Six-Year TIP Notice Resolutions