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HomeMy WebLinkAbout2022/10/25 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 October 25, 2022 9:00 a.m. October 25.2 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 Operation Green Light News Release by Cmmr. Shutty 4.3 Park Host Needed for Mason County Sandhill Park News Release 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 – September 27, 2022 Regular Minutes and October 3, 2022 and October 10, 2022 Briefing 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 # 8090959-8091019 $ 1,155,075.91 Direct Deposit Fund Warrant # 90822-91213 $ 786,599.56 Salary Clearing Fund Warrant # 7006937-7006971 $ 1,042,125.35 Treasurer Electronic Remittance $ 195,077.47 8.2 Approval to award funding from the .09 Rural County Sales & Use Tax Fund No. 103 in the amount of $90,000 to the Economic Development Council (EDC) of Mason County. 8.3 Approval to appoint Arthur Whitson for a vacant citizen position on the Mason County Clean Water District (CWD) Advisory Committee for a three-year term expiring October 25, 2025. 8.4 Approval to sign the Professional Services Contract for Real Estate Services with Richard Beckman Realty Group, LLC for 2023-2025 with the option of a two-year extension. 8.5 Approval of the Resolution designating certain low volume, unpaved County access roads as Primitive Roads. 8.6 Approval to set a Public Hearing for Tuesday, November 22, 2022 at 9:15 a.m. to consider establishing a 25-mile per hour speed limit on California Road from milepost 0.000 to milepost 1.300. 8.7 Approval to set a Public Hearing for Tuesday, November 22, 2022 at 9:15 a.m. to consider establishing a 25-mile per hour speed limit on Sunnyside Road from milepost 0.000 to milepost 3.450. 8.8 Approval for the Chair to sign and County Engineer to execute an Adopt-a-Road agreement between Mason County and Lake Limerick Community Club to pick up roadside litter along Mason Lake Road from milepost 2.240 to milepost 3.630. 8.9 Approval of the FY21 Emergency Management Performance Grant (EMPG) No. E22-136 Amendment to update the Comprehensive Emergency Management Plan (CEMP), develop a two-year training cycle, and extend the grant end date from September 30, 2022 to October 31, 2022. 8.10 Approval to convert one Public Health Nurse, two Community Health Specialists, and one Clerical position from COVID-19 funded positions to permanent Foundational Public Health Services (FPHS) funded positions. 8.11 Approval to purchase a 25' goose neck equipment trailer for the Parks and Trails department at an approximate cost of $14,000 plus sales tax to be paid from the Parks Current Expense budget; a budget supplement will be necessary. 8.12 Approval to purchase a metal structure cover for the Truman Glick Park Host's residence for an approximate cost of $20,400 plus sales tax to be paid from the Real Estate Excise Tax (REET) 2 fund. 8.13 Approval of the Resolution amending Resolution No. 2021-075 for the County’s 2023 Health Insurance contributions to the following: - Effective January 1, 2023 for participants of the PEBB medical program, which allocates through the pooling method, $1,137.37 per month per employee County contribution for employees with single enrollments on medical and $1,709.27 for employees with dependent enrollments for Teamsters Probation, Community and Family Health, IWA Deputy Prosecutors, Prosecuting Clerical, and Public Defense whose Collective Bargaining Agreements are in place and ratified on January 1, 2023 and Non-Represented and Elected Officials, and; - Effective January 1, 2023 for participants of the PEBB medical program, which allocates through the pooling method, $1,137.37 per month per employee County contribution for employees with single enrollments on medical and $1,605.27 for employees with dependent enrollments for Teamsters General Services Collective Bargaining Agreement expired December 31, 2021 and not ratified by January 1, 2023. 8.14 Approval for the County Administrator to sign the agreement with Mason Transit Authority (MTA) authorizing parking space for three County vehicles on parcel #12321-41-60000 (Belfair). 8.15 Approval to fund the following projects using American Rescue Plan Act (ARPA) funds: Belfair sewer extension $1,500,000; Mason County fiber optic infrastructure upgrade $425,000; Belfair Water backup generators $300,000; Public Utility District (PUD) No. 1 Vuecrest storage phase three $750,000; Belfair sewer Log Yard Road extension design $250,000; Eells Hill yard goats $240,000; North Mason Fire mobile integrated health program startup $337,000; Mason County Housing Authority unit renovation $750,000; Department of Community Development (DCD) records archival and scanning project $542,000; Shelton young adult transitional housing project $722,000; Mason County emergency and disaster response center $50,667; Mason County Sheriff’s Office bearcat $342,000; and Camp Sluys youth camp $30,000; and approval for the County Administrator to sign the six outside ARPA contracts for the Belfair Water backup generators, Impact Northwest Camp Sluys, PUD No. 1 Vuecrest storage phase three, Mason County Housing Authority unit renovations, North Mason Fire mobile integrated health, and The Youth Connection. 8.16 Approval to appoint William “Bill” Long to the Mason County Parks and Trails Advisory Board for a term expiring December 31, 2026. 8.17 Approval to call for bids to install a Pitching Machine Complex at Sandhill Park in Belfair for an estimated cost of $113,235 plus sales tax to be paid from the REET 2 fund. 8.18 Approval of Lead Pay for Nichole Wilston, Risk Manager ending June 1, 2023; Mariah Frazier, Senior Clerical; Josh Luck, Building Inspector V; Genie McFarland, Senior Permit Technician; Todd Cannon, Network Engineer; and Scott Ruedy, Senior Planner ending December 31, 2023; and Carl “Bud” Olson, Maintenance IV ending the Fiscal Year (FY) 2023. 8.19 Approval of the Vehicle Take-Home assignment authorization request for 2023 for Jeremy Seymore, Grant Dishon, Rod LaRue, Roy Beierle, John Ronald, Pete Medcalf, Kelly Frazier, and Cindy Brewer. 8.20 Approval to set a Public Hearing on Tuesday, November 22, 2022 at 9:15 a.m. to certify to the County Assessor the amount of taxes levied for County purposes and the amount of taxes levied for each taxing district for 2023. An increase to the Current Expense and County Road property tax may be considered. 8.21 Approval to set a Public Hearing on Monday, December 5, 2022 at 9:00 a.m. to consider adoption of the 2023 budget for Mason County. Copies of the preliminary budget will be available to the public on Monday, November 21, 2022. 8.22 Approval of Lead Pay for Rachelle Osman, Official Court Recorder/Judicial Assistant, from October 1, 2022 through March 31, 2023. 8.23 Approval to post and fill one full-time-employee (FTE) Solid Waste II Booth Attendant. 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. No Public Hearings set for this time. 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: October 25, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Liquor License Renewal Applications in Your Jurisdiction – Your Objection Opportunity, Cannabis License Renewal Applications in Your Jurisdiction – Your Objection Opportunity. 4.1.2 Washington State Department of Transportation sent in a Notification of Survey – Utilities 4.1.3 Public Utility District No. 1 of Mason County sent in a Well Head Protection Notice for Shadowood Water System Attachments: Originals on file with the Clerk of the Board. NEWS RELEASE October 25, 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: Mason County to Launch Operation Green Light in Support of Local Veterans In advance of the upcoming Veterans Day holiday, Mason County will be illuminating County buildings green from November 7th through the 13th as part of Operation Green Light to support military veterans and raise awareness about the unique challenges faced by many veterans and the resources that are available at the County, State, and Federal level to assist veterans and their families. In addition to lighting County buildings, residents and businesses are encouraged to participate by simply displaying a green light in a window of their residence or place of business. This can be an exterior light that neighbors and passersby see or an interior light that sparks conversation. By shining a green light, we let our veterans know that they are seen, appreciated, and supported. While this event is focused around the week of Veterans Day, participants are encouraged to continue shining the light year-round. Residents can share their participation on social media using the hashtag #OperationGreenLight. “Operation Green Light is a simple way to express our collective appreciation for the public service of our veterans,” said NACo President Denise Winfrey. “We encourage everyone to join us in displaying a green light for our veterans and also to reflect on how we, as a nation and at the County level, assist our military service personnel back into civilian life upon completion of their service to our County.” For more information visit: https://www.naco.org/operationgreenlight BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Commissioner ______________________ Randy Neatherlin, Commissioner NEWS RELEASE October 25, 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 Sandhill Park The Mason County Parks and Trails Department is recruiting an on-site Park Host/Caretaker for Sandhill Park. The successful candidate must provide their own RV. The County will provide 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 or pay associated with this opportunity. 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. Sandhill Park is located at 1000 Sand Hill Road in Belfair. The park has seven baseball fields and restrooms. Caretakers 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 website 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 Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 September 27, 2022 1. Call to Order – The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance – Tari Landsberger 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: cannabis license notification for M & R Distributing, notice of liquor license approval for Lucky Dog, and notice of liquor license approval for the Fjord Oyster Bank. 4.1.2 Jason Webber sent in an application for the Mason Transit Authority, Adam Bernbaum sent in an application for the Transportation Improvement Program Citizens Advisory Panel, and David Dally sent in an application for the Historic Preservation Commission. 4.1.3 Request for speed limit reduction petition was sent in for SE Lynch Road. 4.2 Dan Teuteberg read the National 4-H Week proclamation. 4.3 Cmmr. Shutty read the Park Host Needed for Mason County Oakland Bay Park news release. 5. Open Forum for Citizen Input Cheryl Williams, League of Women Voters, shared the Speed Dating with the Candidates event October 13, 2022 from 6:30 p.m. to 8:30 p.m. 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 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 as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 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. (Exhibit A, Resolution No. 2022-060) 8.3 Approval to renew the contract with MasonWebTV for live-video streaming and video recording services for the Mason County Commission meetings. 2 | S e p t e m b e r 27, 2 0 2 2 C o m m i s s i o n M i n u t e s 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. (Exhibit B, Resolution No. 2022-061) 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. (Exhibit C, Resolution No. 2022-062) 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 of Agreement (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. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.18. 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. 10.1 Public Hearing to approve the Resolution adopting the 2023 Annual Construction Program and approval of the Resolution adopting the 2023-2028 Six-Year Transportation Improvement Program (TIP). Staff: Loretta Swanson 3 | S e p t e m b e r 27, 2 0 2 2 C o m m i s s i o n M i n u t e s Loretta Swanson requested approval for a $12 million Annual Construction Program – $2.4 million from the County Road Fund and $9.5 million in secured grants for projects. The past two years the road operations and maintenance crews have been utilized for projects to save money. Every year a limit is calculated on how much money can be used for County force work. The limit for 2021 was $1.3 million; 2022 will be around $1 million. The Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) reviews the programs and reaches out to the community regarding concerns and recommendations. David Smith added that the first 27 projects on the Annual Construction Program are also the first 27 projects on the Six-Year TIP. C O M M E N T Paul Wieneke, Superintendent at Southside School, discussed Collier Road. Southside School has been in operation for 120 years. The very narrow road narrow creates an issue for vehicles trying to go around school traffic and pull out on to Old Arcadia Road. Staff try to direct traffic, but are not police officers. At least two more feet of pavement is needed, plus curbs and gutters. There are videos and this issue has been discussed with the engineering department who understands that this is an issue. Could this be addressed under “County-wide Small Capital Projects” or “Neighborhood Roadway Safety Grants”? This is a County access conversation. It is only a matter of time until an accident occurs. At this time the school is facing a double levy failure. Cmmr. Shutty suggested looking into the Safe Routes to School program. Cmmr. Neatherlin added that there is usually a requirement for walking access and should also discuss shoulder widening. Laurie Cox, who also lives in the neighborhood, shared that this traffic affects the school, the kids, and the neighborhood. There is a safety issue with vehicles trying to pull out, park on the side of the road, and car doors opening. Loretta added that finding bus drivers has been a challenge. Self-driving to school is on the rise. Gigi Olsen added that a lot of students outside of the school district attend the Southside, about 30%. Cmmr. Neatherlin/Trask moved and seconded to approve the Resolution adopting the 2023 Annual Construction program and approval of the Resolution adopting the 2023-2028 Six-Year Transportation Improvement Program (TIP). Motion carried unanimously. N-aye; S-aye; T- aye. 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 9:42 a.m. 4 | S e p t e m b e r 27, 2 0 2 2 C o m m i s s i o n M i n u t e s ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of October 3, 2022 Monday, October 3, 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 negotiation via Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, 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. • Diane Zoren discussed the amended Advisory Board Handbook and applications to include language regarding criminal background checks. This would be set up through the State Patrol Washington Access to Criminal History (WATCH). Each background check would cost $11. The department responsible for the advisory board would be responsible for costs. Cmmr. Neatherlin would like to include background checks when hiring staff. Table for further discussion. • Diane requested to remove the Park Development Partnership Program which allows public entities to apply for up to $50k in funding from the County to plan, construct, reconstruct, repair, rehabilitate, and improve public parks. Approved to move forward. • John Taylor shared the results of the Recreation and Conservation Office (RCO) grant. Sandhill Park was awarded $350k and Union Park received no award. The estimated County construction cost for Sandhill would be $4,768,123.33 and for Union Park $1,374,0 00. Table for further discussion. • John gave an update on the Foothills Dog Park. The Friends of Lake Cushman Dog Park did not receive the PetSafe Bark for Your Park grant and is asking for assistance from the County for funding. Cmmr. Neatherlin suggested up to $10k. • John discussed the 2023 Field Rental Rates and revised Field Use Agreement. Fees were increased using the Seattle Consumer Price Index (CPI) of 10.1%. Commissioners asked to compare to other Cities and Counties. • John requested to purchase four mechanical pitching machines for Mason County Recreation Area (MCRA) from Real Estate Excise Tax (REET) 2 funds for an estimated cost of $23,450. Approved to move forward. • John requested to appoint William “Bill” Long to the Parks and Trails Advisory Commission. Commissioners requested to interview Bill Long. • John discussed upgrading the County emergency and disaster alerting system from AlertSense to CodeRed. CodeRed is an equitable system and will be a lower annual cost estimated at $15,862.15. Approved to move forward. • John requested to place one Community Emergency Response Team (CERT) trailers at the following locations: Port of Shelton, North Mason Fire Authority, and Mason County Public Works. Fire Districts must sign an agreement to commit to inventory and maintenance. Cmmr. Trask asked if a trailer could be placed in the Hoodsport -Lake Cushman area. Approved to move forward. • Jennifer Beierle discussed the American Rescue Plan Act (ARPA) score sheet. The total amount of available funding is now $6,393,644. Mason County fiber optic infrastructure upgrade will be the full $425k. Belfair Water backup generators $300k. North Mason Fire mobile integrated health program startup needs capital start up costs of $337k. Mason County Housing Authority unit renovation for 109 units utilizing internal staff $750k. Community Development records archival and scanning project $542k. Shelton young adult transitional housing project $722k. Approved to move forward. • Jennifer gave an update on ARPA projects. Hood Canal Communications (HCC) Eldon fiber buildout is 60% complete. Public Utility District (PUD) 3 Belfair substatio n is less than 50% Page | 2 complete but is estimating completion in the 2nd quarter of 2024. PUD 1 Agate Beach less than 50% complete. Belfair water new well has a signed contract with a hydrogeologist and are hoping to drill the well this winter. Public Works (PW) Beards Cove has not been started but should be completed summer of 2023 or 2024. Belfair pump station 1 has not been started but should be completed early summer of 2023. Belfair pump station 3 is less than 50% complete and should be completed by early spring of 2023. Lakeland pump station is completed. • Mark discussed the extra help position for Human Resources for the imaging project. This position would be funded using salary savings from vacant positions in 2022. Approved to move forward. 10:30 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins requested to create resolutions for County Road Projects (CRPs) 2043 through 2045 and to revise the resolution for CRP 2041 Mason Lake Road. Bear Creek Dewatto Road/Toonerville bridge replacement, Little Egypt Road/North Fork Goldsborough bridge repair, and Kamilche Point Road improvements. Approved to move forward. • Mike shared the Private Line Occupancy permit for Tim MacDonald to run utilities for a waterline, septic transport line, power, and cable line under and along Grapeview Loop Road. Approved to move forward. • Loretta discussed applications for the Transportation Improvement Program Citizen Ad visory Panel (TIP-CAP). Adam Bernbaum withdrew his application. Jason Webber is in District 2 in the Shelton Urban Growth Area (UGA). Blair Schirman, District 3 and the City of Shelton UGA, can be interviewed. Dale Elmlund would like to apply for Distr ict 2 – Rural. • Richard Dickinson gave an update on the solid waste transfer stations service interruptions. There are seven potential candidates being interviewed for the Solid Waste Booth Attendant position. • Justin Phelps shared that there was an estimated 50-gallon spill at the Virgil lift station in Allyn. The float system was full of grease and malfunctioned. • Loretta shared that Mike and his team have been looking at drainage in the Golden Pheasant area and responding to the Kamilche Point speed limit reduction request and pedestrian traffic. Next will be Caldervin Creek for gravel removal under the bridge. A grant application was made for the Cole Road railroad crossing but funding was not awarded. Public Works will implement a temporary crossing fix. Mike added that he is working with the Department of Transportation (DOT) to clean up the basin in the Golden Pheasant area to reduce flooding. 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 October 10, 2022 Monday, October 10, 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 via Zoom from 9:00 a.m. to 9:35 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Executive Session – RCW 42.30.110(1)(b) Real Estate Commissioners Neatherlin, Shutty, and Trask met in executive session for real estate via Zoom from 10:00 a.m. to 10:24 a.m. Mark Neary and Tim Whitehead were also in attendance. 10:15 A.M. Parks and Trails Advisory Committee Interview Commissioners Neatherlin, Shutty, and Trask interviewed William Long for the Parks and Trails Advisory Commission via Zoom. Commissioners recommend appointing William Long to the Parks and Trails Advisory Commission. 10:45 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • John Taylor discussed the Hazard Mitigation Assistance Grant extension. Originally applied in November 2020 for the winter storm from January 2020 to February 2020. The funding split was originally 75/25 (75% Federal share and Non-Federal match of 25%) and is now 90/10 split. Approved to move forward. • John shared the Emergency Management Performance Grant (EMPG) amendment for an additional $35,738 and extend the end date from September 30, 2022 to October 31, 2022. Approved to move forward. • Jennifer Beierle requested to purchase a new Ford Explorer police interceptor utility vehicle to replace vehicle no. 73. Estimated budget impact is $44,500. Approved to move forward. • Mary Ransier shared the agreement amendment with Cabot Dow for an additional $20k for additional negotiations in 2022. Approved to move forward. • Mark Neary requested approval for Mason County to divest itself of the Decker Creek Wetlands Complex to pass the title to Capitol Land Trust. This 500-acre wetlands complex was acquired in 2006 for $1.3 million using donated lands and grant funding. The funding mechanism did not allow for a nonprofit entit y to be owner. The rules have since changed and Capitol Land Trust can now hold the title. Cmmr. Neatherlin requested to table this discussion. • Diane Zoren announced the 2023 Budget Workshop schedule change. 11:00 A.M. Public Health – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave shared the application received from Arthur Whitson for the Mason County Clean Water District (CWD) Advisory Committee. Approval to move forward. • Dave discussed the news release sharing the Request for Proposals (RFP) for the Squaxin Island Tribe data collection. Information has been sent out to individual contractors as well. Approved to move forward. 11:05 A.M. Public Works – Loretta Swanson Utilities & Waste Management Page | 2 Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins requested to update the resolution designating County roads as Primitive Roads. These roads do not have warning signs. Both California Road and Sunnyside Road will be removed due to recently bei ng chip sealed. Approved to move forward. • Mike requested to set a Public Hearing to establish a 25-mile per hour speed limit on both California Road and Sunnyside Road. Approved to move forward . • Mike shared an Adopt-a-Road agreement request from the Lake Limerick County Club to pick up roadside litter along Mason Lake Road from milepost 2.24 to milepost 3.63. Approved to move forward. • Justin Phelps discussed replacing a pressure reducing valve in the Rustlewood water system next week. This should be done by Wednesday, October 19. There will be a traffic revision, road will be done to one lane from 7:00 a.m. to 4 :00 p.m. Monday through Wednesday. Water will temporarily be shut off from 9:00 a.m. to 4:00 p .m. Tuesday and Wednesday. Public has been notified and a reader board is out. Approved to move forward. • Mike shared that the Mason Lake Road pavement job will begin Monday, October 17. There will be a traffic reduction but the project should be completed within a week. The clear zone project preconstruction meeting is Wednesday, October 19 and is estimated to begin October 31. The road crew is out on Harstine Island reconstructing gravel shoulders, turnarounds and pavement repairs on Virginia Street, and bucket truck brushing in North Shore. The railroad crossing on Cole Road has been completed. • Cmmr. Neatherlin requested information for the Port of Grapeview for options to move forward; to consider looking at the price for used pump trucks, and crane truck or mechanics truck strong enough to lift a motor; purchasing bypass valves and pumps for the North Bay/Lakeland Village Area; and shoulder improvements for the Southside School district. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission 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): Click or tap here to enter text. Agenda Date: October 25, 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: __________ 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 # 8090959-8091019 $ 1,155,075.91 Direct Deposit Fund Warrant # 90822-91213 $ 786,599.56 Salary Clearing Fund Warrant # 7006937-7006971 $ 1,042,125.35 Treasurer Electronic Remittance $ 195,077.47 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 $ 32,817,118.47 Direct Deposit YTD total $ 15,102,000.24 Salary Clearing YTD total $ 15,358,311.65 Approval of Treasurer Electronic Remittances YTD total $ 7,818,954.40 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: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): September 12, 2022 Agenda Date: October 25, 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. __________ Contract No. 22-069 County Code: __________ Item: Request to award funding from the .09 Rural County Sales & Use Tax Fund No.103 Background/Executive Summary: One application has been received for 2023 funding from the Economic Development Council for $90,000. From RCW 82.14.370 - “Moneys collected under this section may only be used to finance public facilities* serving economic development purposes in rural counties and finance personnel in economic development offices**. The public facility must be listed as an item in the officially adopted county overall economic development plan***, or the economic development section of the county's comprehensive plan…” *”Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroads, electrical facilities, natural gas facilities, research, testing, training, and incubation facilities in innovation partnership zones designated under RCW 43.330.270, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities in the state of Washington. **”Economic development office" means an office of a county, port districts, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county. (Mason County Economic Development Office) ***Comprehensive Economic Development Strategy Project List (CEDS) that is adopted by resolution by the Commissioners. Budget Impact (amount, funding source, budget amendment): $90,000 funding from .09 Fund No. 103 Mason County Agenda Request Form Public Outreach (news release, community meeting, etc.): The County is required to circulate for comment. RCW 82.14.370 (3)(b) states “…the county must consult with cities, towns, and port districts located within the county and the associate development organization serving the county to ensure that the expenditure meets the goals of chapter 130, Laws of 2004 and the requirements of (a) of this subsection” Requested Action: Approval to award funding from the .09 Rural County Sales & Use Tax Fund No.103 in the amount of $90,000 to the Economic Development Council (EDC). Attachments: EDC Funding Request 1 MASON COUNTY and ECONOMIC DEVELOPMENT COUNCIL of MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and the Economic Development Council of Mason County "CONTRACTOR" referred to as "CONTRACTOR." COUNTY and EDC are referred to collectively as the "parties." RECITALS: WHEREAS, sales tax and use funds collected under RCW 82.14.370 are to be used to finance public facilities serving economic development purposes in rural counties and finance personnel in economic development offices; and WHEREAS, the Economic Development Council of Mason County meets the requirement of being "an office of a county, port district, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county" with its purposes including the facilitation of the creation or retention of businesses and jobs in a county; and WHEREAS, through RCW 43.330.080 the Economic Development Council of Mason County, as the County's designated Associate Development Organization, is required to provide direct assistance including business planning to companies throughout the County who need support to stay in business, expand or relocate to Washington from out-of-state and other countries. Assistance must comply with business recruitment and retention protocols established by the State; and WHEREAS, COUNTY has consulted with the City of Shelton and the port districts located within the county to ensure that this expenditure meets the goals of chapter 130, Laws of 2004; and WHEREAS, COUNTY has determined that it is in the best interest of the residents of Mason County to contract with the Economic Development Council of Mason County to provide economic development technical assistance, support and 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: Special Conditions Funding Source: Funds for this CONTRACT are provided as allowed in RCW 82.14.370 sales and use tax for public facilities in rural counties. Required County Matching Funds: Per RCW 43.330.086 COUNTY is required to provide matching funds for its Associate Development Organization's grant with the Washington State Department of Commerce. $57,339.00 of the funding provided through this CONTRACT is designated as the COUNTY's matching funds. 2 General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: The performance period for this CONTRACT will start on January 1, 2023 and end December 31, 2023. Services Outside of Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year. Compensation: CONTRACT total value is not to exceed $90,000. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of 3 the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the 4 CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 5 The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. When CONTRACTOR creates any copyrightable materials or invents any patentable property, CONTRACTOR 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. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Work Product: CONTRACTOR will provide COUNTY with all work product including; reports, surveys, studies, data collected and other as appropriate prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order 6 entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. 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, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, 7 any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support Services Director or 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. 8 The Administrative Officer for purposes of this CONTRACT is: Mark Neary County Administrator Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 530 mneary@masoncountywa.gov CONTRACTOR's Primary Contact's Information: Jennifer Baria 310 W. Cota Shelton, WA 98584 Phone: 360-426-2279 E-mail: jennifer@choosemason.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and 9 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 funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation 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 (MA) 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 10 that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this CONTRACT are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 11 ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS of MASON COUNTY MASON COUNTY, WASHINGTON ____________________________________ ____________________________________ Jennifer Baria, Executive Director Kevin Shutty, Chair Dated: ___________________________ Dated: _____________________________ APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief DPA 12 EXHIBIT A SCOPE OF SERVICES CONTRACTOR to provide a budget by expense category totaling $90,000 for the 2023 one year contract to the BOCC within fifteen days (15) of contract execution. CONTRACTOR to provide update to Board of County Commissioner at commission business meetings. Deliverable: At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work to the County. RECRUITMENT & MARKETING CONTRACTOR to market Mason County as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state. Deliverable: number of businesses contacted. CONTRACTOR to provide site location assistance for businesses that are looking to locate in Mason County. Deliverable: Quarterly list of project names. BUSINESS RETENTION & EXPANSION ACTIVITIES CONTRACTOR to work with partners throughout the county including, but no limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county. Deliverable: copy of communication plan on or before 3/31/2023 and a quarterly dashboard of communication analytics. CONTRACTOR to provide business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the federal trade adjustment assistance, and the provision of information to businesses on resources available for microenterprise development and resources available on the revitalization of commercial districts. Deliverable: number of businesses visited and number of follow-ups with existing businesses. CONTRACTOR to participate with the state board for community and technical colleges in the coordination of the job skills training program and the customized training program within its region. BUSINESS ASSISTANCE CONTRACTOR to provide or facilitate the provision of export assistance through workshops or one-on-one assistance. CONTRACTOR to provide information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Mason County. Deliverable: number of businesses that direct assistance was provided, and number of follow-up interactions. 13 READINESS & CAPACITY BUILDING CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. Submit to COUNTY for review and approval on or before 6/30/21. CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. CONTRACTOR to provide an annual snapshot of local economic conditions to include breakdowns of the three UGAs. Deliverable: Economic Vitality index. 14 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated a total of $90,000 which will be paid in four equal payments of $22,500 after the receipt of an acceptable invoice. B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. 2. Submit invoice with required performance report via e-mail to dlz@co.mason.wa.us and jb@co.mason.wa.us 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 15 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this CONTRACT and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this CONTRACT. 5. 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 CONTRACTOR, subcontractors 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. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 16 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 17 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of any required policy or of any material alteration or non-renewal of any such policy, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any of its employees, agents or subcontractors engaged by or on behalf of CONTRACTOR in relation to this CONTRACT. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this CONTRACT. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 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): October 10, 2022 Agenda Date: October 25, 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. __________ County Code: __________ Item: Application received for vacant Citizen position on Mason County Clean Water District (CWD) Advisory Committee Background/Executive Summary: The purpose of the CWD is to accomplish the mandates of Chapter 90.72 RCW to protect and improve the water quality in shellfish growing areas. This includes establishing programs and projects to reduce non-point pollution threatening surface water quality in Mason County. The CWD advisory committee is a diverse nine (9) member group of stakeholders that advise the Commission and make recommendations for water quality work conducted within the CWD. This committee has 3 citizen positions which are appointed by the BOCC. We currently have one vacant citizen position and Arthur Whitson has applied to fill this role. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): None Requested Action: Approval to appoint Arthur Whitson for a vacant citizen position on the Mason County Clean Water District (CWD) Advisory Committee for a three-year term expiring October 25, 2025. Attachments: Application Resolution I AM SEEKING APPOINTMENT TO NAME: ADDRESS: CllY/ZIP: VOTING PRECINCT: MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437; Voice 360-427-9670, Ext. 419; 275-4467 or 482-5269 I PHONE: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: POSITION: COMPANY: POSITION: In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: What interests, skills do you wish to offer the Board, Committee, or Council? Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records). The trainings would be at no cost to you. Would you be able to attend such trainings? Realistically, how much time can you give to this position? Quarterly Monthly Weekly Daily Office Use Only Appointment Date ___ _ Signature Dale Term Expire Date ___ _ RESOLTUION NO. 102\- O52 CREATION OF THE MASON COUNTY CLEAN WATER DISTRICT ADVISORY COMMITTEE WHEREAS, the Mason County Board of County Commissioners adopted the Mason County Clean Water District on May 1111, 2021, per Chapter 90.72 RCW, to address non-point pollution sources affecting shellfish harvest areas; and WHEREAS, State law (Chapter 90.72 RCW) allows for the county legislative authority to appoint a local advisory council to advise in implementation of shellfish protection programs. WHEREAS,the creation of the Mason County Clean Water District and adoption of Mason County Code Chapter 6.88 directs the Mason County Board of County Commissioners to create an advisory committee to assist in implementing the purposes and goals of the clean water district; and WHEREAS, Mason County has many partnering agencies and entities interested in preservation of clean water and shellfish harvest activities. NOW, THEREFORE, BE IT RESOLVED BY THE MASON COUNTY BOARD OF COUNTY COMMISSIONERS that the Mason County Clean Water District Advisory Committee is created; and BE IT FURTHER RESOLVED that the Advisory Committee shall have the following nine (9) official members with the following initial terms. 1 Representative of the Mason County Board of County Commissioners ongoing 1 Citizen from (residing within) the Clean Water District 1 year 1 Citizen from (residing within) the Clean Water District 2 years 1 Citizen from (residing within) the Clean Water District 3 years 1 Representative from Mason Conversation District ongoing 1 Representative from the Squaxin Island Tribe ongoing 1 Representative from the Skokomish Tribe ongoing 1 Representative of the Commercial Shellfish Growers ongoing 1 Representative from City of Shelton ongoing Organizations listed with "ongoing" terms will determine their representatives. Citizen member positions shall be appointed by the Mason County Board of.County Commissioners as described in the Boards and Commissions Handbook. After Initial terms, members will serve 3-year terms. The Mason County Board of County Commissioner position shall be non-voting except in the event of a tie vote. DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Rano Neath rlin, Chair YY1Gu!XUrM.Q S rn,k McKenzie S ith, derk of the Board Sharon Tr sk, Commissioner APPROVED AS TO FORM: I tkuC -.10 Tim W k ehead Kevin Shutty, Co missioner Chief Deputy Prosecuting Attorney Mason County Agenda Request Form To: Board of Mason County Commissioners From: McKenzie Smith Ext. 589 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 17, 2022 Agenda Date: October 25, 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: 8.4 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. 20-091 County Code: __________ Item: Professional Services Contract for Real Estate Services with Richard Beckman Realty Group, LLC Background/Executive Summary: Richard Beckman, Richard Beckman Realty Group, has been under contract and representing Mason County since October 2016. The 2016 had a one-year extension granted for 2018. In November 2018, a contract was approved for two years with the possibility of a two-year extension. This contract is set to expire December 12, 2022. A Request for Proposal (RFP) was held from August 23 to September 30, 2022. Budget Impact (amount, funding source, budget amendment): Commission as follows: Commercial land – 7%; Residential land – 6%; Vacant land – 8%. A minimum commission of $1,200 will be paid regardless of sales price/proceeds. A $500 fee will be charged for each Broker Price Opinion (BPO) or market analysis requested. Public Outreach (news release, community meeting, etc.): Journal advertisement Requested Action: Approval for the Chair to sign the Professional Services Contract for Real Estate Services with Richard Beckman Realty Group, LLC for 2023-2025 with the option of a two-year extension. Attachments: RFP Contract 1 MASON COUNTY PROFESSIONAL SERVICES CONTRACT REAL ESTATE SERVICES This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Richard Beckman Realty Group, LLC hereinafter referred to as "CONTRACTOR.” RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide professional real estate services including the sale of surplus property and additional services as deemed necessary; and WHEREAS, COUNTY released a Request for Proposals (RFP) soliciting proposals from qualified individuals and/or firms, and the CONTRACTOR submitted a proposal which was awarded; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid 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: Special Conditions Offer Acceptance to Close of Sale Timeline: CONTRACTOR is responsible for ensuring that Offers to purchase being submitted to the County Commissioners for acceptance consideration include adequate time for processing the Offer. CONTRACTOR must allow a minimum of thirty (30) days from date of Offer submission to estimated ownership transfer (Closing) date with the understanding that any Counter-Offers made by COUNTY or the potential Buyer will add and additional fifteen (15) days to the processing timeline for each Counter-Offer. It is the CONTRACTOR's responsibility to inform the potential Buyers of the timeline. Marketing: CONTRACTOR will conduct marketing efforts at the expense of CONTRACTOR except for direct cost marketing, such as neighborhood flyers, community postcards and large format newspaper ads which may be approved and paid for by COUNTY. Any direct marketing cost must be approved in writing by County prior to incurring the expense. COUNTY will not be responsible for reimbursing CONTRACTOR for any expenses incurred prior to obtaining written approval. Seller Fees: COUNTY will be responsible for the costs associated with routine seller fees and/or charges associated with Closing. These costs may include, but would not be limited to: title, escrow, property taxes and similar. 2 Buyer Fees: COUNTY acknowledges that although Buyers fees and charges such as title, escrow, and property taxes are typically paid by the Buyer, these items can be negotiated as part of the real estate contract and may be paid by COUNTY if COUNTY agrees as part of the sale negotiation. Property Sale Closing After Contract Expiration: If COUNTY receives and accepts a purchase and sales agreement before the end of the term of this CONTRACT, and the Closing occurs after this CONTRACT expires, COUNTY will pay the agreed upon sales commission to CONTRACTOR. IRS W-9 Form: CONTRACTOR will provide COUNTY with a completed IRS W -9 form within five (5) days of CONTRACT execution. Additional Services: Should COUNTY request and CONTRACTOR agree to provide any additional services the services to be provided and the compensation the CONTRACTOR will receive must be detailed in a written document signed by individuals authorized to bind each of the parties. Present Offers: CONTRACTOR will present Offers to COUNTY at Commissioners' Briefings if requested by COUNTY's Property Manager or designee. General Conditions Scope of Services: The CONTRACTOR agrees to provide COUNTY the services and any materials as required to provide the identified services during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start upon date of the last signature and will last for two (2) years. Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties for a period of two additional years. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. Compensation: CONTRACTOR will be paid a commission for sales as follows: Commercial property at seven percent (7%) of the gross sales price; Residential property at five percent (6%) of the gross sales price; and Vacant Land at eight percent (8%) of the gross sales price. A minimum commission of $1,200.00 will be paid regardless of sales price or proceeds. A $500 fee will be charged for each Broker Price Opinion (BPO) or market analysis requested. CONTRACTOR's commission will be paid at time of Closing by the Escrow Company handling the transfer of 3 ownership. If the COUNTY chooses to have the CONTRACTOR assist with acquisition of property outside of a MLS service, a 5% commission will be charged, with a minimum commission of $1,200. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in "Compensation" above and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY’s interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY’s interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. CONTRACTOR has disclosed that a Mason County employee works for the Richard Beckman Realty Group as a licensed Real Estate agent which, at the time of contract execution, has not been deemed a conflict. Non-Discrimination in Employment: 4 COUNTY’s policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: 5 CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit A 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, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 1. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, 6 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 the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR’s or its subcontractors’ use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR’s compensation, and have been mutually negotiated by the parties. Participation by County – No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR’s indemnity obligations under this CONTRACT. Survival of CONTRACTOR’s Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR’s indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Budget Manger or his/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: Budget Manager Mason County 411 N. 5th Street Shelton, WA 98584 CONTRACTOR's Primary Contact's Information: Richard Beckman, Designated Agent 7 Richard Beckman Realty Group 117 N 8th Street Shelton, WA 98584 Phone: 360-426-5521 E-mail: richard@richardbeckman.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY’s Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. 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. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has 8 given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation 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 applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure 9 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 and federal and state executive orders. B. CONTRACT-Special Conditions C. CONTRACT-General Conditions D. Request for Real Estate Services Proposal as Issued by COUNTY E. CONTRACTOR's Proposal as Submitted and Revised by CONTRACTOR 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. Exhibits: Exhibit A-Insurance Requirements Exhibit B-Request for Proposals Exhibit C-Proposal Submitted by Richard Beckman Realty Group, LLC IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. RICHARD BECKMAN REALTY GROUP, LLC BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ ____________________________________ Richard Beckman, Designated Broker Kevin Shutty, Chair Dated: _____________________________ Dated: _____________________________ APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief DPA 10 EXHIBIT A INSURANCE REQUIREMENTS 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. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 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 CONTRACTOR, subcontractors 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. 5. Professional Liability-CONTRACTOR must provide Errors and Omissions Liability coverage with a minimum limit of no less than $1,000,000 per occurrence and as an annual aggregate. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include 11 as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter "indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY reg ardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. 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 CONTRACTOR or deducted from sums due CONTRACTOR. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self- insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. It is acknowledged by the parties of this CONTRACT that all insurance coverage 12 required to be provided by CONTRACTOR or any subcontractor, 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: Mike Collins Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 10, 2022 Agenda Date: October 25, 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: 8.5 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. 2022-069 Contract No. __________ County Code: __________ Item: Designation of County Primitive Roads Background/Executive Summary: Mason County first designated Primitive Roads in 1982 pursuant to RCW 36.75.300. Roads eligible for Primitive Road status are gravel or earth surface, volumes of 100 vehicles per day or less, and not part of the primary road system. Travelers on roads designated as “Primitive” should expect lower levels of maintenance, fewer warning signs, and/or deviations from standard road design. As County roads are improved and traffic counts are updated, the list of roads eligible for Primitive Road designation changes. Public Works staff reviewed the current list (Resolution 2021-063) and with the recently upgraded road surfaces of California Road and Sunnyside Road, with BST surface (also known as chip seal), both roads should be removed from the primitive road list. Public Works recommends the removal of California and Sunnyside Roads, and updating the Primitive Road list. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution designating certain low volume, unpaved County access roads as Primitive Roads. Attachments: Resolutions RESOLUTION NO. 2021- D 92 MASON COUNTY ROADS DESIGNATED AS PRIMATIVE ROADS WHEREAS,WAC 468-95-290,pursuant to RCW 36.75.300, authorizes a classification of county roads to be designated by resolution as primitive roads; and, WHEREAS,the legislative authority of each county may,by resolution, classify and designate portions of the county road as primitive roads where the designated road portion: 1) Is not classified as part of the county primary system, as provided for in RCW 36.86.070; 2) Has a gravel or earth driving surface; and 3) Has an average annual daily traffic of one hundred or fewer vehicles; and WHEREAS,WAC 468-95-090 states that any road designated as a primitive road shall be marked with a"PRIMITIVE ROAD" sign at all places where the primitive road portion begins or connects with a highway other than a primitive road. WHEREAS,Mason County first designated primitive roads within the county road system in 1982, Resolution 62-82, and has updated the list as changes have been made to our road system that affect primitive road status; and, WHEREAS,the County Engineer has reviewed the county road system and determined which roads are appropriate to be classified as primitive roads. NOW,THEREFORE, BE IT RESOLVED,that the following roads be designated Primitive Roads: Road Start End Total Road Name Number Sec.-Twn.-Rng. Mile Mile Length FORD LOOP RD 00190 05 19N 6W 0.094 1.687 1.593 KELLY HALL RD 01300 28 21N 6W 0.000 1.650 1.650 BEERBOWER RD 02230 30 19N 6W 1.247 3.063 1.816 WHITE RD 06360 36 20N 4W 0.291 0.938 0.647 ROCK CREEK RD 10480 03 19N 4W 0.000 1.101 1.101 WALDRIP RD 14320 21 19N 3W 0.000 0.260 0.260 ELLIS RD 15960 02 19N 3W 0.000 0.720 0.720 COVE DRIVE 27170 16 2N 2W 0.000 0.132 0.132 SQUAXIN DRIVE 30320. 01 19N 2W 0.000 0.090 0.090 MAPLES RD 32850 24 20N 2W 0.000 0.570 0.570 CEMETERY RD 35650 12 20N 2W 0.000 0.130 0.130 YATES RD 36600 35 21N 2W 0.011 1.129 1.118 FOUR CORNERS RD 40590 30 21N 4W 0.000 3.270 3.270 EELLS HILL RD 40850 18 21N 4W 0.163 5.611 5.448 CALIFORNIA RD 41100 26 21N 4W 0.103 4.383 4.280 CALIFORNIA CUT-OFF RD 41380 18 21N 4W 0.000 0.570 0.570 SUNNYSIDE RD 42360 10 21N 4W 0.550 3.250 2.700 n'F i G L Resolution 2021- Page 2 of 2 Road Start End Total Road Name Number Sec.-Twn.-Rng. Mile Mile Length SUNNYSIDE RD 42360 10 21N 4W 3.350 3.450 0.100 NASON RD 52400 36 21N 3W 0.000 0.190 0.190 WEBB HILL RD 57530 25 21N 2W 1.810 3.013 1.203 SUNNYSLOPE RD 61950 05 21N 2W 0.000 0.551 0.551 ROO'S COURT 62350 04 21N 2W 0.000 0.370 0.370 MURRAY RD SOUTH 63150 15 21N 1W 0.000 0.310 0.310 Total 28.819 BE IT FURTHER RESOLVED that the County Engineer place appropriate primitive road signing on these designated primitive roads. DATED this 12a'day of October, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: MCKENZI SM H kN DY NEXTAERLIN, Chair Clerk of the Board K VIN SHU , Vice Chair APPROVED AS TO FORM SHARON AASK, Commissioner TIM WHITEHEAD, Ch. DPA Page 1 of 2 pages RESOLUTION NO. 2022-_____ REPLACING RESOLUTION 2021-063 MASON COUNTY ROADS DESIGNATED AS PRIMATIVE ROADS WHEREAS, WAC 468-95-290, pursuant to RCW 36.75.300, authorizes a classification of county roads to be designated by resolution as primitive roads; and, WHEREAS, the legislative authority of each county may, by resolution, classify and designate portions of the county road as primitive roads where the designated road portion: (1) Is not classified as part of the county primary system, as provided for in RCW 36.86.070; (2) Has a gravel or earth driving surface; and (3) Has an average annual daily traffic of one hundred or fewer vehicles; and WHEREAS, WAC 468-95-090 states that any road designated as a primitive road shall be marked with a “PRIMITIVE ROAD” sign at all places where the primitive road portion begins or connects with a highway other than a primitive road. WHEREAS, Mason County first designated primitive roads within the county road system in 1982, Resolution 62-82, and has updated the list as changes have been made to our road system that affect primitive road status; and, WHEREAS, the County Engineer has reviewed the county road system and determined which roads are appropriate to be classified as primitive roads. NOW, THEREFORE, BE IT RESOLVED, that the following roads be designated Primitive Roads: Road Start End Total Road Name Number Sec.-Twn.-Rng. Mile Mile Length FORD LOOP RD 00190 05 19N 6W 0.094 1.687 1.593 KELLY HALL RD 01300 28 21N 6W 0.000 1.650 1.650 BEERBOWER RD 02230 30 19N 6W 1.247 3.063 1.816 WHITE RD 06360 36 20N 4W 0.291 0.938 0.647 ROCK CREEK RD 10480 03 19N 4W 0.000 1.101 1.101 WALDRIP RD 14320 21 19N 3W 0.000 0.260 0.260 ELLIS RD 15960 02 19N 3W 0.000 0.720 0.720 COVE DRIVE 27170 16 2N 2W 0.000 0.132 0.132 SQUAXIN DRIVE 30320 01 19N 2W 0.000 0.090 0.090 MAPLES RD 32850 24 20N 2W 0.000 0.570 0.570 CEMETERY RD 35650 12 20N 2W 0.000 0.130 0.130 YATES RD 36600 35 21N 2W 0.011 1.129 1.118 FOUR CORNERS RD 40590 30 21N 4W 0.000 3.270 3.270 EELLS HILL RD 40850 18 21N 4W 0.163 5.611 5.448 CALIFORNIA RD 41100 26 21N 4W 1.300 5.409 4.109 CALIFORNIA CUT-OFF RD 41380 18 21N 4W 0.000 0.570 0.570 Page 2 of 2 pages Resolution 2022-___ Page 2 of 2 Road Start End Total Road Name Number Sec.-Twn.-Rng. Mile Mile Length NASON RD 52400 36 21N 3W 0.000 0.190 0.190 WEBB HILL RD 57530 25 21N 2W 1.810 3.013 1.203 SUNNYSLOPE RD 61950 05 21N 2W 0.000 0.551 0.551 ROO'S COURT 62350 04 21N 2W 0.000 0.370 0.370 MURRAY RD SOUTH 63150 15 21N 1W 0.000 0.310 0.310 Total 25.848 NOW, THEREFORE, BE IT RESOLVED, that the Board of Mason County Commissioners hereby replaces Resolution 2021-063 and all previous resolutions related to Primitive Roads. BE IT FURTHER RESOLVED that the County Engineer place appropriate primitive road signing on the above designated primitive roads. DATED this 22nd day of November, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: ___________________________________ MCKENZIE SMITH KEVIN SHUTTY, Chair Clerk of the Board ____________________________________ SHARON TRASK, Vice Chair APPROVED AS TO FORM ____________________________________ RANDY NEATHERLIN, Commissioner TIM WHITEHEAD, Ch. DPA 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): October 10, 2022 Agenda Date: October 25, 2022 and November 22, 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: 8.6 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. 2022-070 Contract No. __________ County Code: __________ Item: Establishing Speed Limit on California Road Background/Executive Summary: A portion of California Road, a County-maintained road, was recently upgraded with a BST surface (chip seal). Before the upgrade, the roadway was gravel beginning from MP 0.104 to MP 5.409. The road was recently chip sealed, beginning at MP 0.000 to MP 1.300. The road was classified as a Primitive Road, according to RCW 36.75.300 and signed as Primitive, which does not require speed limit or warning signs to be posted. With the chip seal improvements on this road, an engineering and traffic investigation was completed and the County Engineer is recommending the Board establish a speed limit, from MP 0.00 to MP 1.300, by setting a hearing to consider changing the speed limit to the following: Existing Rec. Road No. Road Name Speed Speed M.P. – M.P. Comment 41100 California Road N/P 25-mph 0.000 -1.300 Change N/P 1.300- 5.409 No change Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): Notice of Hearing will be publish two consecutive times in the Shelton-Mason County Journal, posted on road(s), and posted under “What’s New” on the County website http://www.masoncountywa.gov. Requested Action: Action Agenda Approval to set a Public Hearing for Tuesday, November 22, 2022 at 9:15 a.m. to consider establishing a 25- mph speed limit on California Road from milepost 0.000 to milepost 1.300. Mason County Agenda Request Form Public Hearing Approval of the Ordinance establishing a 25-mph speed limit on California Road from milepost 0.000 to milepost 1.300. Attachments: Engineering and Traffic Investigation Notice of Hearing Map Ordinance MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: October 5, 2022 TO: Mike Collins, PE, Deputy Director/County Engineer Cc: Loretta Swanson, Director of Public Works FROM: Dave Smith, PE, Engineering and Construction Manager SUBJECT: Establish Speed Limit on California Road A portion of California Road was recently converted from a gravel road to a chip seal surface. California Road is currently classified as a primitive road according to RCW 36.75.300. Statutorily defined primitive roads, such as this, are not posted with speed limit or warning signs. With the new portion of chip sealed surface, beginning at MP 0.00 to MP 1.30, and with additional signing, California Road no longer will qualify as a primitive road by State law, within the above prescribed mile posts, and therefore, it is appropriate to establish a speed limit. RECOMMENDATION California Road is classified as a low volume residential road. A review of California Road was done after it was chip sealed and Public Works recommends the speed limit be set at 25 mph beginning at MP 0.00 and ending at MP 1.30. The remainder of California Road will be signed as Primitive Road. The road will be evaluated for any additional warning signs that are needed. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two separate public hearings in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on November 22, 2022 at 9:15am. SAID HEARINGS will be to take public comment to consider establishing a 25-mph speed limit on California Road from M.P. 0.000 – M.P. 1.300 and a 25-mph speed limit on Sunnyside Road from MP. 0.000 to MP. 3.450. Public testimony will be available in-person or via Zoom. The URL is available on the County website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand” feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427-9670 ext. 419. DATED this 25th day of October, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Public Works Department 100 W Public Works Drive Shelton, WA 98584 Cc: Commissioners Sheriffs Dept. Shelton Journal: Publ. 2t: 11/3/22 & 11/10/22 BROCK D A L E R D S K O K O M I S H V A L L E Y R D US HIGHWAY 101PURD Y C U T O F F R D MP 0.00 MP 1.55 California Road 0 0.5 1 Miles ORDINANCE NO. 2022-______ AN ORDIANCE ESTABLISHING SPEED LIMIT ON CALIFORNIA ROAD IN MASON COUNTY, WASHINGTON WHEREAS, the Revised Code of Washington RCW 46.61.415 permits local authorities to establish or alter maximum legal speed limits pursuant to RCW 46.61.400 on County road within their jurisdiction based on engineering and traffic investigation; and WHEREAS, in accordance with Chapter 10.04 of the Mason County Code the board of county commissioners, by ordinance, may raise or lower a speed limit on any county road, except raising above fifty miles per hour. WHEREAS, Mason County previously established California Road as a primitive road under resolution 2021-063; and, WHEREAS, the Department of Public Works Engineer, and or his designee, have conducted an engineering and traffic investigation on California Road after upgrading a portion of the county road with BST surface; and, WHEREAS, County Commissioners held a public hearing and received public testimony regarding the speed limit on California Road; and, WHEREAS, existing conditions of the road warrants a speed limit change, as shown: Exist. Recommended Road No. Road Name Speed Speed M.P. - M.P. 41100 California Road N/P 25 0.000 – 1.300 N/P N/P 1.300 – 5.409 THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, that the speed limit is effective immediately as shown on the above listed county road, and the County Engineer is so directed to erect the necessary speed limit signs in conformity herewith. DATED this ______of__________, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: MCKENZIE SMITH, Clerk of the Board APPROVED AS TO FORM: TIM WHITEHEAD, Ch. DPA cc: Public Works Sheriff Prosecutor _________________________________ KEVIN SHUTTY, Chair SHARON TRASK, Vice Chair RANDY NEATHERLIN, Commissioner 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): October 10, 2022 Agenda Date: October 25, 2022 and November 22, 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. 2022-071 Contract No. __________ County Code: __________ Item: Establishing Speed Limit on Sunnyside Road Background/Executive Summary: Sunnyside Road, a County-maintained primitive road, was recently upgraded with a BST surface (chip seal) from MP 0.550 to MP 1.465. Before the upgrade, Sunnyside Road was BST from MP 0.00 to MP 0.545; changed to gravel at MP 0.545 to MP 3.081 and reverted back to BST from MP 3.081 to MP 3.349, and changed to gravel from MP 3.349 to MP 3.422. It changed to dirt from MP 3.349 to MP 3.450. The end of county road is at MP 3.450. The road is currently classified as a Primitive Road from MP 0.545 to MP 3.450, in accordance with RCW 36.75.300, and signed as such, and did not require speed limit or warning signs to be posted. With the latest BST improvements, an engineering and traffic investigation was completed and the County Engineer is recommending the Board of Commissioners’ establish a speed limit by setting a hearing to consider changing the speed limit to the following: Existing Rec. Road No. Road Name Speed Speed M.P. – M.P. Comment 42360 Sunnyside Road 35-mph 25-mph 0.000 -0.550 Change N/P 25-mph 0.550- 3.450 Change Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): Notice of Hearing will be publish two consecutive times in the Shelton-Mason County Journal, posted on road(s), and posted under “What’s New” on the County website http://www.masoncountywa.gov. Requested Action: Action Agenda Mason County Agenda Request Form Approval to set a Public Hearing for Tuesday, November 22, 2022 at 9:15 a.m. to consider establishing a 25- mph speed limit on Sunnyside Road from milepost 0.000 to milepost 3.450. Public Hearing Approval of the Ordinance establishing a 25-mph speed limit on Sunnyside Road from milepost 0.000 to milepost 3.450. Attachments: Engineering and Traffic Investigation Notice of Hearing Map Ordinance MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: October 5, 2022 TO: Mike Collins, PE, Deputy Director/County Engineer Cc: Loretta Swanson, Director of Public Works FROM: Dave Smith, PE, Engineering and Construction Manager SUBJECT: Establish Speed Limit on Sunnyside Road A portion of Sunnyside Road was recently converted from a gravel road to a chip seal surface. Sunnyside Road is currently classified as a primitive road according to RCW 36.75.300. Statutorily defined primitive roads, such as this, are not posted with speed limit or warning signs. With the new portion of chip sealed surface, and with additional signing, Sunnyside Road no longer will qualify as a primitive road by State law, and therefore, it is appropriate to establish a speed limit. RECOMMENDATION Sunnyslope Road is classified as a low volume residential road. A review of Sunnyslope Road was done after it was chip sealed and Public Works recommends the speed limit be set at 25 mph. The road will be evaluated for any additional warning signs that are needed. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold two separate public hearings in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on November 22, 2022 at 9:15am. SAID HEARINGS will be to take public comment to consider establishing a 25-mph speed limit on California Road from M.P. 0.000 – M.P. 1.300 (Portion) and a 25-mph speed limit on Sunnyside Road from MP. 0.000 to MP. 3.450 (All). Public testimony will be available in-person or via Zoom. The URL is available on the County website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand” feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427-9670 ext. 419. DATED this 25th day of October, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Public Works Department 100 W Public Works Drive Shelton, WA 98584 Cc: Commissioners Sheriffs Dept. Shelton Journal: Publ. 2t: 11/3/22 & 11/10/22 US HIGHWAY 101 SK O K O M I S H V A L L E Y R D STATE ROUTE 106 PURDY C U T O F F R D Sunnyside Road MP 0.00 MP 3.45 0 0.5 1 Miles ORDINANCE NO. 2022-______ AN ORDIANCE REPLACING RESOLUTION 241 CHANGING THE SPEED LIMIT ON SUNNYSIDE ROAD IN MASON COUNTY, WASHINGTON WHEREAS, the Revised Code of Washington RCW 46.61.415 permits local authorities to establish or alter maximum legal speed limits pursuant to RCW 46.61.400 on County road within their jurisdiction based on engineering and traffic investigation; and WHEREAS, in accordance with Chapter 10.04 of the Mason County Code the board of county commissioners, by ordinance, may raise or lower a speed limit on any county road, except raising above fifty miles per hour. WHEREAS, Mason County previously established alternate speed limits for a portion of Sunnyside Road on June 12, 1972 under Resolution 241. WHEREAS, the Mason County Public Works Department has conducted an engineering and traffic investigation on Sunnyside Road after upgrading with BST surface; and WHEREAS, County Commissioners held a public hearing and received public testimony regarding the speed limit on Sunnyside Road; and, THEREFORE, BE IT RESOLVED that County Commissioner, after due deliberation and in the best interest of the public hereby adopts the speed limit posting for the entirety of Sunnyside Road as follows: Exist. Recommended Road No. Road Name Speed Speed M.P. - M.P. 42360 Sunnyside Road 35 25 0.000 – 0.550 N/P 25 0.550 – 3.450 THEREFORE, BE IT RESOLVED AND ORDERED, that this ordinance replaces Ordinance 241. The speed limit is effective immediately as shown and the County Engineer is directed to erect the necessary signs in conformity herewith. DATED this ______of__________, 2022. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON MCKENZIE SMITH, Clerk of the Board APPROVED AS TO FORM: TIM WHITEHEAD, Ch. DPA cc: Public Works Sheriff Prosecutor _________________________________ KEVIN SHUTTY, Chair SHARON TRASK, Vice Chair RANDY NEATHERLIN, Commissioner 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): October 10, 2022 Agenda Date: October 25, 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. 22-070 County Code: __________ Item: Adopt a Road – Lake Limerick Community Club Background/Executive Summary: Volunteers from Lake Limerick Community Club have submitted and signed an Adopt-A-Road Agreement to pick up roadside litter along Mason Lake Road from milepost 2.24 to milepost 3.63. Public Works recommends approval and execution of an Adopt-A-Road Agreement with the Lake Limerick Community Club. The authorized volunteer representatives are Tamra Ingwaldson and Roger Milliman. The Agreement is for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the Agreement. Public Works agrees to furnish and pick up trash bags, provide safety materials and training aids, along with other provisions spelled out in the Agreement. Pick up and disposal of the trash happens under the Community Litter Cleanup program overseen by the Sheriff’s office Chapter 12.48 of the Mason County code establishes an Adopt-A-Road litter control program allowing volunteers to pick up roadside litter. It has been determined that the organization is eligible to participate in the program. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the County Engineer to execute an Adopt-a-Road agreement between Mason County and Lake Limerick Community Club to pick up roadside litter along Mason Lake Road from milepost 2.24 to milepost 3.63. Attachments: Application Vicinity Map E FOREST ESTATESE MASON LAKE RDE DUNOON PL E ST ANDREWS DR E B A L L A N T R A E D R E ST ANDREWS DRE BALLANTRAE DRCranberry CreekAdopt-A-Road area Adopt-A-Road - Mason Lake Rd MP 2.24-3.63 "Lake Limerick Community Club"¯ 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): October 10, 2022 Agenda Date: October 25, 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. 22-071 County Code: __________ Item: FY21 Emergency Management Performance Grant (EMPG) No. E22-136 Amendment Background/Executive Summary: This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to the County. The EMPG grant is a yearly reimbursable grant that the County has received since 2007. The purpose of this grant is to assist with the enhancement, sustainment, and improvement of State, local, and tribal emergency management programs. This grant will assist with Continuity of Operations Planning (COOP) and Continuity of Government (COG) planning for County office and the exercising of said plans. This request amends the original workplan to include updating the Comprehensive Emergency Management Plan (CEMP) to facilitate the incorporation of COOP and COG to better align with the County’s operational approach using ICS/Area Command. Previously identified as a corrective action, the amendment will include the development of a two-year training cycle. Grant end date will be extended from September 30, 2022 to October 31, 2022. Budget Impact (amount, funding source, budget amendment): No additional budget impact; DEM budget revenue of $35,738 for FY 2021 will remain the same. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the FY21 Emergency Management Performance Grant (EMPG) No. E22-136 Amendment to update the Comprehensive Emergency Management Plan (CEMP), develop a two-year training cycle, and extend the grant end date from September 30, 2022 to October 31, 2022. Attachments: Contract DHS-FEMA-EMPG-FY21 Page 1 of 4 Mason County DEM, E22-136 Amendment 2 Washington State Military Department AMENDMENT 1. SUBRECIPIENT NAME/ADDRESS: County of Mason Division of Emergency Management (DEM) 100 W. Public Works Drive Shelton, WA 98584-9714 2. GRANT NUMBER: E22-136 3. AMENDMENT NUMBER: 2 4. SUBRECIPIENT CONTACT, PHONE/EMAIL: Tammi Wright, 360-427-9670 x800 tammiw@co.mason.wa.us 5. DEPARTMENT CONTACT, PHONE/EMAIL: Christopher Burd 253-344-3771 christopher.burd@mil.wa.gov 6. EIN: 91-6001354 7. ASSISTANCE LISTINGS # & TITLE: 97.042 (21EMPG) 8. FEDERAL AWARD ID # (FAIN): EMS-2021-EP-00007-S01 9. FUNDING AUTHORITY: The Washington State Military Department (Department) and the US Department of Homeland Security (DHS) 10. DESCRIPTION/JUSTIFICATION OF AMENDMENT: Modification of work plan to add Comprehensive Emergency Management Plan (CEMP) updates to planning activities. Changes are noted in red font, strikethrough, and grey highlight. 11. AMENDMENT TERMS AND CONDITIONS: 1. The Grant Agreement Amount of $35,738 remains unchanged. 2. The Grant Agreement End Date of October 31, 2022 remains unchanged. 3. Change the Department Contact, Phone/Email, as described on Page 2 of this Amendment. 4. Change Attachment A, SPECIAL TERMS AND CONDITIONS, Article I-Key Personnel, as described on Page 2 of this Amendment. 5. Change the original Work Plan, Attachment D, as described on Page 2 of this Amendment. This Amendment is incorporated in and made a part of the Grant Agreement. Except as amended herein, all other terms and conditions of the Grant Agreement remain in full force and effect. Any reference in the original Grant Agreement or an Amendment to the “Grant Agreement” shall mean “Grant Agreement as amended”. The Department and Sub-Recipient acknowledge and accept the terms of this Amendment as identified above, effective on the final date of execution below. By signing this Amendment, the signatories warrant they have the authority to execute this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment: FOR THE DEPARTMENT: Signature Date Regan Anne Hesse, Chief Financial Officer Washington State Military Department BOILERPLATE APPROVED AS TO FORM: ______/Signature on file/___________________________ David B. Merchant, Assistant Attorney General 10/11/2021 FOR THE SUBRECIPIENT: Signature Date Mark Neary, County Administrator Mason County APPROVED AS TO FORM (if applicable): Applicant’s Legal Review Date DHS-FEMA-EMPG-FY21 Page 2 of 4 Mason County DEM, E22-136 Amendment 2 Washington State Military Department Amendments to Agreement E22-136 1. Change Department Contact from John Hollingsworth to Christopher Burd. a. Agreement Face Sheet Box 7. John Hollingsworth, 253-512-7044, john.hollingsworth@mil.wa.gov Christopher Burd, 253-344-3771, christopher.burd@mil.wa.gov. 2. Change Attachment A, Article I-Key Personnel. a. Attachment A, SPECIAL TERMS AND CONDITIONS, Article 1-Key Personnel, under SUBRECIPIENT/DEPARTMENT: i. Replace John Hollingsworth with Christopher Burd (see below). ii. Replace Tirzah Kincheloe with Sierra Wardell (see below). SUBRECIPIENT DEPARTMENT Name Tammi Wright Name John Hollingsworth Christopher Burd Title Senior EM Planner Title Program Coordinator E-Mail tammiw@co.mason.wa.us E-Mail john.hollingsworth@mil.wa.gov christopher.burd@mil.wa.gov Phone 360-427-9670 x800 Phone 253-512-7044 253-344-3771 Name Diane Zoren Name Tirzah Kincheloe Sierra Wardell Title Central Services Manager Title Program Manager E-Mail dlz@co.mason.wa.us E-Mail tirzah.kincheloe@mil.wa.gov sierra.wardell@mil.wa.gov Phone 360-427-9670 x747 Phone 253-512-7456 253-512-7121 Name Name Courtney Bemus Title Title Program Assistant E-Mail E-Mail courtney.bemus@mil.wa.gov Phone Phone 253-316-6438 3. Change the original Work Plan, Attachment D. a. Original Work Plan, Attachment D, with Revision 1 Work Plan, Attachment D. DHS-FEMA-EMPG-FY21 Page 3 of 4 Mason County DEM, E22-136 Amendment 2 Attachment D Revision 1 WORK PLAN FY 2021 Emergency Management Performance Grant Emergency Management Organization: Mason County Division Emergency Management (DEM) The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, plan, train, exercise, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include EMPG grant and local funds). Priority Area #1 4.4 Operational Planning and Procedures Primary Core Capability Operational Coordination Secondary Core Capability Risk and Disaster Resilience Assessment Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 1 - Develop County Department Continuity of Operations Plans (COOP) and Continuity of Government Plan (COG). - Create templates and assist each department with the development of a COOP plan which will be used to develop the County's COG. - Update the Comprehensive Emergency Management Plan (CEMP) to facilitate the incorporation of the COOP and COG to align with Mason County's operational approach using ICS/Area Command. Most County Departments do not have COOPs or County COG plans and therefore are not prepared for disruption of services either by natural or manmade hazards. The Mason County Multi-Jurisdictional Hazard Mitigation Plan (May 2018) 15.2, Implementation Through Existing Programs, identifies the County's CEMP and the comprehensive plans of the planning partners are considered to be integral parts of this plan and shows planning efforts for the impact of natural hazards. Also, RCW 38.52.030 speaks to continuity planning by local government that address how essential government functions and services will continue. Without these plans in place the County is not prepared to continue operations during a disaster. With these plans in place, all Mason County Departments will be able to continue critical functions and services during a disaster or emergency. Additionally, it seamlessly ensures Mason County departments and community stakeholders transition from standard operations to disaster response as effectively as possible, in compliance with NIMS by executing the operational requirements of ICS. DHS-FEMA-EMPG-FY21 Page 4 of 4 Mason County DEM, E22-136 Amendment 2 Priority Area #2 4.10 Exercises, Evaluations, and Corrective Actions Primary Core Capability Operational Coordination Secondary Core Capability Long-term Vulnerability Reduction Build or Sustain Building WORK PLANNED IDENTIFIED GAP/NEED ANTICIPATED PROJECT IMPACT 1 - Exercise the CEMP to align departmental COOP/COG plans. (once completed) and Identify areas for improvement, gaps, and needs. - Evaluate exercises and capture corrective actions and improvement items to incorporate into the plans in compliance with HSEEP. - Previously identified as a corrective action is the development of a two-year training cycle. COOPs are currently being developed for each county department. The COG is a requirement from RCW 38.52.030 (13). Exercise and maintenance requirements will be outlined in each plan so it will be necessary to exercise each plan according to the plan's requirement. The exercise component will help to identify corrective actions needed within the plans, operations and recovery. These gaps will be documented and incorporated into each plan update. Plans are in place that allow for a smooth transition of governmental operations following between standard operations, emergency activation, and disaster response. SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION DATE SUBMITTED PROJECT DESCRIPTION CONTRACT NUMBER 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE \\NAC-1\VOL1\HOME\KARENB\….\WP\SIGNAUTH Revised 3/03 INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendments, and requests for reimbursement. It is required for the management of your contract with the Military Department (MD). Please complete all sections. One copy with original signatures is to be sent to MD with the signed contract, and the other should be kept with your copy of the contract. When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file. The payment can be delayed if the request is presented without the proper signature. It is important that the signatures in MD's files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1. Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority. 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority. It is advisable to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. If you have any questions regarding this form or to request new forms, please call your MD Program Manager. 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): October 17, 2022 Agenda Date: October 25, 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: Convert COVID-19 positions to permanent Foundational Public Health Services (FPHS) funded positions Background/Executive Summary: By the end of 2022, COVID-19 funding will be eliminated affecting one Public Health Nurse, two Community Health Specialists, and one Clerical position. These positions were hired as temporary COVID response positions. Foundational Public Health Services (FPHS) funding is now available to transition these employees into permanent employees. The intent is to address FPHS subcategories of communication, forum development, chronic disease/life-course work, and cross cutting capabilities. Budget Impact (amount, funding source, budget amendment): Positions are budgeted for 2023 with existing FPHS dollars from the 2023-2024 Consolidated Contract (ConCon) with the State Department of Health Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to convert COVID-19 positions to permanent Foundational Public Health Services (FPHS) funded positions. Attachments: Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 17, 2022 Agenda Date: October 25, 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: Goose Neck Equipment Trailer Background/Executive Summary: After purchasing new trucks, it was realized that an additional equipment trailer is necessary to haul the tractor that is approximately 10,000 pounds. The quoted trailer is a Big Tex utility trailer (14GN25+5 MEGA 13999) which is 25’ x 5’ with a hauling capacity of 15,900 lbs. Budget Impact (amount, funding source, budget amendment): Estimated cost $13,999 (no setup or doc fees) Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to purchase a 25' goose neck equipment trailer for the Parks and Trails department at an approximate cost of $14,000 plus sales tax to be paid from the Parks Current Expense budget; a budget supplement will be necessary. Attachments: Quote Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 17, 2022 Agenda Date: October 25, 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. __________ Contract No. __________ County Code: __________ Item: Living Structure Cover for Truman Glick Park Host Background/Executive Summary: During the Commissioner Tour of the Mason County Parks, it was noted the Park Host’s residence, which is located in Truman Glick Park, would be better served having a structure cover. The proposed mobile home cover would be 22’ x 40’ x 14’ with a roofline of 41’. Budget Impact (amount, funding source, budget amendment): Cover Costs $ 17,140 Sales Tax $ 1,508.22 10% Origination Fee $ 1,714.00 TOTAL COST $20,362.32 Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to purchase a metal structure cover for the Truman Glick Park Host's residence for an approximate cost of $20,400 plus sales tax to be paid from the Real Estate Excise Tax (REET) 2 fund. Attachments: Quote Mason County Agenda Request Form To: Board of Mason County Commissioners From: Nichole Wilston Ext. 643 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 17, 2022 Agenda Date: October 25, 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: 8.13 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. 2022-072 Contract No. __________ County Code: __________ Item: Increase the 2023 Non-Represented Medical Contribution and Adopt the County’s 2023 Health Insurance Contributions Background/Executive Summary: This is to increase the 2023 Non-Represented medical contribution by $52 per month from $1,414 per month to $1,466 per month and adopt the County’s 2023 Health Insurance contributions set forth below. RCW 3.16.070 states that the Board of County Commissioners shall fix the compensation of all employees. Contribution at $1,466 per month per employee (2023 rate): Medical – it is recommended that the Board adopt, effective January 1, 2023, the County’s health insurance contribution rates for Elected Officials, eligible Non-Represented employees, and any Collective Bargaining Agreements (Community and Family Health, Public Defenders, Probation, Prosecuting Clerical, and Deputy Prosecutors) in place and ratified on January 1, 2023, who participate in PEBB medical and utilizing the pooling method, and resulting in a distribution as follows: $1,137.37 per month per employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,709.27 per month per employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Contribution at $1,362 per month per employee (2021 rate): Medical - it is recommended that the Board adopt, effective January 1, 2023, the County’s health insurance contribution rates for any Collective Bargaining Agreements (General Services) in place but not Mason County Agenda Request Form ratified on January 1, 2023, who participate in PEBB medical and utilizing the pooling method, and resulting in a distribution as follows: $1,137.37 per month per employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,605.27 per month per employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. The Board has determined that a $52 medical increase for Elected Officials and Non-Represented employees maintains parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County. Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution amending Resolution No. 2021-075 for the County’s 2023 Health Insurance contributions to the following: -Effective January 1, 2023 for participants of the PEBB medical program, which allocates through the pooling method, $1,137.37 per month per employee County contribution for employees with single enrollments on medical and $1,709.27 for employees with dependent enrollments for Teamsters Probation, Community and Family Health, IWA Deputy Prosecutors, Prosecuting Clerical, and Public Defense whose Collective Bargaining Agreements are in place and ratified on January 1, 2023 and Non-Represented and Elected Officials, and; -Effective January 1, 2023 for participants of the PEBB medical program, which allocates through the pooling method, $1,137.37 per month per employee County contribution for employees with single enrollments on medical and $1,605.27 for employees with dependent enrollments for Teamsters General Services Collective Bargaining Agreement expired December 31, 2021 and not ratified by January 1, 2023. Attachments: Resolution Pooling Calculation Details PEBB Medical Premiums Charts Page | 1 RESOLUTION NO. 2022- AMEND RESOLUTION NO. 2021-075 DETERMINING THE COUNTY’S 2023 HEALTH INSURANCE CONTRIBUTIONS WHEREAS, RCW 36.40.080 states that the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the budget; and WHEREAS, RCW 36.16.070 states that the Board shall fix the benefit compensation of all employees; and WHEREAS, the Board has determined that the County’s contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, Community & Family Health, Public defenders, Probation and Deputy Prosecutors shall increase by $52 per month for a total contribution of $1,466 (One thousand four hundred and fourteen dollars) per month, effective January 1, 2023; and WHEREAS, the Board has determined that the County’s contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, and also those members of the Collective Bargaining Agreements who participate in PEBB medical insuranc e to utilize the pooling method; and NOW THEREFORE BE IT RESOLVED, effective January 1, 2023, the County’s health insurance contribution rates for any Collective Bargaining Agreements (General Services) in place, but not ratified on January 1, 202 3, who participate in PEBB medical and utilizing the pooling method, and resulting in a distribution as follows: $1,137.37 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,605.27 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. NOW THEREFORE BE IT RESOLVED, effective January 1, 2023, the County’s health insurance contribution rates for Elected Officials, eligible Non-Represented Employees, and any Collective Bargaining Agreements (Community & Family Health, Public Defenders, Probation and Deputy Prosecutors) in place and ratified on January 1, 202 3, who participate in PEBB medical and utilizing the pooling method, and resulting in a distribution as follows: $1,137.37 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,709.27 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Page | 2 Approved this ____ day of ___________________ 2022 BOARD OF COUNTY COMMISSIONERS __________________________________________ Kevin Shutty, Chair __________________________________________ Sharon Trask, Vice-Chair __________________________________________ Randy Neatherlin, Commissioner Attest: _______________________________ McKenzie Smith, Clerk of the Board Approved as to Form: _______________________________ Tim Whitehead, Chief Deputy Prosecutor cc: Financial Services, Payroll Human Resources All Elected Officials and Department Heads DRAFT DRAFT DRAFT DRAFT Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: Support Services Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 17, 2022 Agenda Date: Click or tap here to enter text. 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. 22-072 County Code: __________ Item: Agreement with Mason Transit Authority (MTA) authorizing parking space for three County vehicles on parcel #12321-41-60000 (Belfair) Background/Executive Summary: Public Works needs a secure, well-lit parking area for utility operators reporting to work in the Belfair area. MTA has space in their new facility off of Log Yard Road and is willing to grant a license for the use of three spaces within the fenced parking lot. The agreement is for a period of twelve months and automatically renews from year to year unless terminated. It is anticipated that once the State Route 3 (SR-3) Freight Corridor is constructed, operators will report to the Belfair Water Reclamation Facility via a new access road. Budget Impact (amount, funding source, budget amendment): None N/A Public Outreach (news release, community meeting, etc.): None N/A Requested Action: Approval for the County Administrator to sign the agreement with Mason Transit Authority (MTA) authorizing parking space for three County vehicles on parcel #12321-41-60000 (Belfair). Attachments: Agreement 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): October 17, 2022 Agenda Date: October 25, 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. __________ County Code: __________ Item: ARPA Allocation of 2nd Round of Funding Final Review and Permission Background/Executive Summary: Mason County’s Board of Commissioners have agreed to allocate a total of $6,363,667 $6,238,667 to 14 13 projects out of 34 requests sent in for ARPA funding. The projects and dollar allocations are as follows: City of Shelton, Shelton springs Road Gravity Sewer Extension - $125,000 Belfair Sewer Extension - $1,500,000 Mason County Fiber Optic Infrastructure Upgrade - $425,000 Belfair Water Backup Generators - $300,000 PUD #1 Vuecrest Storage Phase #3 - $750,000 Belfair Sewer Log Yard Road Extension Design - $250,000 Eels Hill Yard Goats - $240,000 North Mason Fire Mobile Integrated Health Program Startup - $337,000 Mason County Housing Authority Unit Renovation - $750,000 DCD Records Archival & Scanning Project - $542,000 Shelton Young Adult Transitional Housing Project - $722,000 Mason County Emergency & Disaster Response Center - $50,667 Mason County Sherriff Office Bearcat - $342,000 Camp Sluys Youth Camp - $30,000 Budget Impact (amount, funding source, budget amendment): Grant Funding from the American Rescue Plan Act Public Outreach (news release, community meeting, etc.): N/A Mason County Agenda Request Form Requested Action: Request the Board approve ARPA Funds be allocated to the following projects: City of Shelton, Shelton springs Road Gravity Sewer Extension - $125,000 Belfair Sewer Extension - $1,500,000 Mason County Fiber Optic Infrastructure Upgrade - $425,000 Belfair Water Backup Generators - $300,000 PUD #1 Vuecrest Storage Phase #3 - $750,000 Belfair Sewer Log Yard Road Extension Design - $250,000 Eels Hill Yard Goats - $240,000 North Mason Fire Mobile Integrated Health Program Startup - $337,000 Mason County Housing Authority Unit Renovation - $750,000 DCD Records Archival & Scanning Project - $542,000 Shelton Young Adult Transitional Housing Project - $722,000 Mason County Emergency & Disaster Response Center - $50,667 Mason County Sherriff Office Bearcat - $342,000 Camp Sluys Youth Camp - $30,000 And approval for the County Administrator, Mark Neary, to sign the seven six outside ARPA contracts for the following: Belfair Water District Backup Generators Impact Northwest Camp Sluys PUD#1 Vuecrest Storage Upgrade Phase 3 Mason County Housing Authority Renovations City of Shelton, Shelton Springs Road Sewer Extension North Mason Regional Fire Mobile Integrated Health The Youth Connection Attachments: ARPA 2nd Round Projects Spreadsheet Contracts Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 3, 2022 Agenda Date: October 25, 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: Application from William “Bill” Long for the Mason County Parks & Trails Advisory Board Background/Executive Summary: William Long as applied to be a member of the Mason County Parks and Trails Board, and is a member of the Lake Cushman and Hoodsport community. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to appoint Bill Long to the Mason County Parks & Trails Advisory Board for a term expiring December 31, 2026. Attachments: Application Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 17, 2022 Agenda Date: October 25, 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. __________ County Code: __________ Item: New Pitching Machine Complex at Sandhill Background/Executive Summary: Sandhill Sports Complex is located in Belfair and is the only baseball field in the north-end of Mason County. The Belfair Little League constructed a batting cage at their own expense. During last winter’s snow storm, the weight of the snow collapsed the cages. Because of the number of teams and players that utilize this facility, replacing the damaged batting cages with a similar complex located at Sandhill would be safer, cost effective, and much more conducive for the needs of the developing players in the Belfair community. The projected complex is a fully covered structure with a modern coin operated automatic pitching machine for one hardball and one softball. Once the Commission determines this project viable, a formal quote will be aquired. Budget Impact (amount, funding source, budget amendment): 60’ x 64’ Metal Pole Building 3810 Sq. Ft. @ $30 sq. ft. $58,000 Dirt Work $ 5,000 Concrete $ 4,000 Slab $7 per ft Labor $13,335 Power (PUD) $ 2,500 Electrical Install $ 6,000 Netting $ 5,000 Chain Link Fencing $ 4,000 Pitching Machines (New) $14,150 Token Machine $ 3,000 TOTAL $113,235 Mason County Agenda Request Form Public Outreach (news release, community meeting, etc.): The team managers and coaches have commented on the need for their facility to be as modern, safe, and providing the same player experience as Shelton MCRA. The installation of this Pitching Complex would accomplish their needs to advance baseball and softball in the Belfair area. Requested Action: Approval to call for bids to install a Pitching Machine Complex at Sandhill Park in Belfair for an estimated cost of $113,235 plus sales tax to be paid from the REET 2 fund. Attachments: Estimated Quote Batting cage cost 30x64 metal pole building 1920 Sq Ft @30 per ft 57,600 Dirt Work 5,000 Concrete 4,000 Concrete slab $7 per ft Labor 13,440 Power (PUD) 5,000 Electrical 6,000 Netting 5,000 Chain Link ` 4,000 Token Machine 1,500 Total est. 96,540 Note: I went with a metal pole building to dramatically cut the price eliminating a concrete foundation and only paying for the slab and also eliminating an architect which would be an added cost. Also, the machines at MCRA are old and outdated and I would not recommend using them. Add $16,579 to bring the total to $113,119. I would round it up to $150,000 due to inflation. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle and Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 24, 2022 Agenda Date: October 25, 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. __________ County Code: __________ Item: Lead Pay Annual Review Background/Executive Summary: As part of the 2023 Budget process, lead pays are reviewed annually for ongoing need, essential functions, and financial impact. Budget Impact (amount, funding source, budget amendment): Lead pay is included in the 2023 proposed budget. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of Lead Pay for Nichole Wilston, Risk Manager ending June 1, 2023; Mariah Frazier, Senior Clerical; Josh Luck, Building Inspector V; Genie McFarland, Senior Permit Technician; Todd Cannon, Network Engineer; and Scott Ruedy, Senior Planner ending December 31, 2023; and Carl “Bud” Olson, Maintenance IV ending the Fiscal Year (FY) 2023. Attachments: 2023 Lead Pay List Pay RequestUnion Status Union First Name Last Name Department Job TitleProposed IncreaseFunding SourceEffective DateEnd Date Job Duties Outside Of Current Position Department Head EmailLead Pay Non‐Union Nichole WilstonHuman ResourcesRisk Manager 10% Salary ongoing 6/1/2023Cross training with HR Director, leading Claims work for Public Works in conjunction with PW Personnel Analyst, taking on extra duties relating to Labor until additional resources are added.mransier@masoncountywa.govLead Pay Union Teamsters Mariah FrazierCommunity DevelopmentClerical Senior 10% 01/01/2023 12/31/2023Lead Clerical staff to train and assign daily functions of the clerical team as well as lead the Scanning Project team. Public records officer; clerk to Hearing Examiner, Planning Advisory Commission and Historic Preservation Commission; Addressor.krowen@masoncountywa.govLead Pay Union Teamsters Josh LuckCommunity DevelopmentBuilding Inspector V10% now 12/31/2023Assigns daily inspection routes; assigns plan review; trains new employees; investigates complaints; responsible for keeping Title 14 updated and bringing amendments to the BOCC; set policy implementation and interpretation of Title 14, the IBC and IRC for staff consistency and setting the Building Community's expectation; assists Supervisor in drafting letters of Administrative Determinations as required when code challenges are made.krowen@masoncountywa.govLead Pay Union Teamsters Genie McFarlandCommunity DevelopmentSenior Permit Tech10% 01/01/2023 12/31/2023Same as previous year. Leads/trains other permit techs on duties, assigns workloads and handles problem cases.krowen@masoncountywa.govLead Pay UnionEngineer's GuildTodd CannonInformation ServicesNetwork Engineer10%IT Fund ‐#5001/1/23 12/31/23Todd  provides day‐to‐day supervision of IT staff and coordinates the daily activities for the IT Dept.  Todd monitors the IT budget andmanages the purchase of IT equipment/software.  He also responds to after‐hours phone calls for the IT Dept.dlz@masoncountywa.govLead Pay Union Teamsters Scott RuedyCommunity DevelopmentSenior Planner 10% 10/01/2022 09/30/2023Responsibility of all commercial development review and permitting including:Preparation of reports and information related to commercial development within the three Urban Growth Areas and the rural areas of the county. Act as staff lead to the Hearing Examiner for all Type III permits related to commercial development. Attendance at project feasibility meetings and on‐site evaluation of conditions for future development or rebuild. Investigates inquiries from specific developers related to feasibility and project flow.  Prepare technical reports, letters, and contracts and maintain records of work performed. As directed; trains front line and planning staff related to application of permitting and specific technical subjects related to code administration and application and the use of Smartgov and Bluebeam permitting and plan review software. Trains other employees in the subject of commercial plan review technical provisions and statutes including, state and federal codes, SEPA Rules and RCW’s and WAC as applicable to codes and various subjects related to legal aspects of codes administration.  Evaluates and reviews feasibility for various projects related to pre‐submittal with customers to determine compliance with codes MCC, State Codes and other RCW’s. Acts as the facilitator to commercial pre‐application submittals with various stakeholders providing internal and external customer care to submittal and completion. Provides review and assistance for recommendations of alternate methods of meeting development regulations to meet the intent of each krowen@masoncountywa.govLead Pay Union Teamsters Carl Olson ParksMaintenance IV10% FY 2023End of FY 2023Because the Park's Department doesn't have a full time on‐site manager, Bud serves as the day‐to‐day supervision of all 20 County parks and park's staff. Bud supervises the various projects and provides advice/guidance to the department manager when maintenance and improvements project are needed.jtaylor@masoncountywa.gov 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): October 24, 2022 Agenda Date: October 25, 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: 8.19 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: 2023 Take Home Vehicle assignment approval by Board of County Commissioners. Background/Executive Summary: Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of qualified non- personal use vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined by IRS and outlined in the Mason County Personnel Policy, Chapter 13, Vehicle Use Policy. Budget Impact (amount, funding source, budget amendment): Estimated county take home vehicle costs are included in the 2023 proposed budget Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Vehicle Take-Home assignment authorization request for 2023 for Jeremy Seymore, Grant Dishon, Rod LaRue, Roy Beierle, John Ronald, Pete Medcalf, Kelly Frazier, and Cindy Brewer. Attachments: 2023 Take Home Vehicle Assignment Spreadsheet First Name Jeremy Grant Rod Roy John Pete Kelly CindyLast Name Seymour Dishon LaRue Beierle Ronald Medcalf Frazier BrewerMunis Employee Number 1363 1117 1227 1024 1654 1257 1152 1051Position Manager Supervisor Supervisor Supervisor Foreman Supervisor Evidence EvidenceDepartment Roads Roads Roads Roads Sign Shop  ER&R Facilities MCSOVehicle #180 181 182 190 255 214 119 157Vehicle MakeFord Ford Ford Ford Ford Chevrolet Ford FordVehicle Model1/2 Ton F150 F150 F150 F150 Silverado F150 F150COMM Miles10 1.7 29 34 18 12 8 1.2Daily Business MilesVariable 100 120 160 Variable 120 Variable 50Vehicle ValueLease ValueDays per year219 219 219 219 219 219 219 219Days in 2019 Starting 1/1/19219 219 219 219 219 219 219 219Commute Trips438 438 438 438 438 438 438 438Vehicle Take‐Home Assignment Authorization Request for 2023 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): October 24, 2022 Agenda Date: October 25, 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: 8.20 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval to set a public hearing for Tuesday, November 22, 2022, at 9:15 a.m. to certify to the County Assessor the amount of taxes levied for Current Expense and County Road for 2023. An increase to the Current Expense and County Road property tax levies for 2023 may be considered. Background/Executive Summary: Pursuant to RCW 84.52.070, the Commissioners must certify to the County Assessor the amount of taxes levied for county purposes and for each taxing district by adoption of a resolution by November 30th. Budget Impact (amount, funding source, budget amendment): The estimated levies for Current Expense and County Road are included in the 2023 proposed budget. Public Outreach (news release, community meeting, etc.): The notice of public hearing will be advertised in the Shelton-Mason County Journal for two weeks prior to the hearing. Requested Action: Approval to set a public hearing on November 22, 2022, at 9:15 a.m. to certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for each taxing district for 2023. An increase to the Current Expense and County Road property tax levies for 2023 may be considered. Attachments: Notice NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing via Zoom and in person at Mason County Building I, Commission Chambers, 411 North 5th Street, Shelton, WA 98584 on Tuesday, November 22, 2022 at 9:15 A.M. To join the Zoom meeting go to our website: www.masoncountywa.gov and click on the “Join the Board of County Commissioners Regular Zoom Meeting” link. SAID HEARING will be to take public comment on the certification to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for each taxing district for 2023. An increase to the Current Expense and County Road property tax levies for 2023 may be considered. PUBLIC COMMENT will be accepted via email msmith@masoncountywa.gov; or mail to Commissioners’ Office, 411 North Fifth Street, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 25th day of October, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ Clerk of the Board c: Journal - Publ 2t: 11/3 & 11/9 (Bill: Commissioners – 411 North 5th Street, Shelton, WA 98584) 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): October 24, 2022 Agenda Date: October 25, 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: 8.21 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval to set a public hearing for Monday, December 5, 2022 at 9:00 a.m. to consider adoption of the 2023 budget for Mason County. Copies of the 2023 preliminary budget will be available to the public on November 21, 2022. Background/Executive Summary: Pursuant to RCW 84.52.070, the Commissioners must hold a public hearing on the 2023 preliminary budget to allow taxpayers to “appear and be heard for or against any part of the budget”. The public hearing also allows county departments to publicly testify if they so desire. Budget Impact (amount, funding source, budget amendment): 2023 Adopted Budget Public Outreach (news release, community meeting, etc.): The 2023 proposed budget will be posted on the County’s website: www.masoncountywa.gov by November 21, 2022 Requested Action: Approval to set a public hearing on Monday, December 5, 2022 at 9:00 a.m. to consider adoption of the 2023 budget for Mason County. Copies of the 2023 preliminary budget will be available to the public on November 21, 2022. Attachments: Notice NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing via Zoom at Mason County Building I, Commission Chambers, 411 North 5th Street, Shelton, WA 98584 on Monday, December 5, 2022 at 9:00 a.m. To join the Zoom meeting go to our website: www.masoncountywa.gov and click on the “Join the 2023 Budget Workshop Zoom Meeting” link. SAID HEARING will be to take public comment on the adoption of the 2023 Mason County Budget. The 2023 preliminary budget will be available to the public on November 21, 2022. You may request a copy via email msmith@masoncountywa.gov; or go to our website – www.masoncountywa.gov . PUBLIC COMMENT will be accepted via email msmith@masoncountywa.gov; or mail to Commissioners’ Office, 411 North Fifth Street, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. If special accommodations are needed, contact the Commissioners' office, 427- 9670, Ext. 419. From the Belfair area, please dial 275-4467. DATED this 25th day of October, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ Clerk of the Board c: Journal - Publ 2x 11/3 & 11/9 (Bill: Commissioner, 411 North 5th, Shelton, WA 98584) 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): October 24, 2022 Agenda Date: October 25, 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: 8.22 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request for Lead Pay approval for Rachelle Osman in Superior Court October 1, 2022 - March 31, 2023. Background/Executive Summary: Ms. Osman will be tasked with managing the Protection Order statutes project. This body and scope of work includes managing/monitoring docket workloads, making recommendations on docket changes, leading the creation of policy, procedures, local court rules, and accompanying new documentation. She will be responsible for collaborating with and making recommendations to Superior Court Judges, Superior Court Clerk’s Office, District Court, and/or the Sheriff’s Office. She will al so be researching and communicating with other Counties and local school districts per RCW. Budget Impact (amount, funding source, budget amendment): General Fund Supplement Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of Lead Pay for Rachelle Osman, Official Court Recorder/Judicial Assistant, from October 1, 2022 through March 31, 2023. Attachments: Superior Court Lead Pay request form Higher Class/Lead Pay Request Form Working in a Higher Class/Lead Pay requests must be submitted by the Department Head or Elected Official on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Type of Pay Request Lead Pay Union Status Non-Union Name Rachelle Osman Department Superior Court Employee Current Job Title Official Court Recorder/Judicial Assistant Proposed Increase (%) 10% Funding Source General Fund Supplemental Effective Date 10/1/22 End Date 3/31/23 What specific job duties will this employee be performing outside of their current position description? Ms. Osman will be tasked with being the point person for the substantial changes in the Protection Order statutes. The specific job duties that will be performed outside of her current position will be: Managing and monitoring the Protection Order/Ex-Parte docket workloads and making recommendations on potential docket changes and/or additions; Creating policy, procedures, local court rules and accompanying new forms; Collaborating, making recommendations to and convening meetings with the Superior Court Judges, Superior Court Clerk’s, District Court, and/or Sheriff’s Offices; Researching and communicating with other Washington State counties; and Coordinating and communicating with local school districts per RCW. Attach job description for higher class Department Head Email jamesma@masoncountywa.gov Mason County Agenda Request Form To: Board of Mason County Commissioners From: Richard Dickinson, Deputy Director PW- U&W Ext. 652 Department: Utilities & Waste Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 24, 2022 Agenda Date: November 8, 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: 8.23 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request for an additional Solid Waste FTE (Booth Attendant-SWAII) Background/Executive Summary: U&W Management requests approval to add and hire one new FTE - Solid Waste Booth Attendant II to bolster our staffing. Increased solid waste volume, need for more vacation/sick leave coverage, desires to reduce last-minute transfer station closures, expand hours of operation, and reduce overtime hours are all factors justifying the requested addition. With the growth we’ve already documented (34% increase in tonnage since 2019, 6.7% increase this year alone) it is apparent we need to be open more to handle the volume and increase our level of service to the community. Budget Impact: $71,000 for wages/benefits added to the 2023 U&W Management Solid Waste Budget and approximately $10,000 assuming a start date of December 1, 2022 and some additional overtime. Public Outreach: If approved, advertisement of the opening will be posted in the Shelton Journal, on the County website and HR’s standard recruitment sources. The county website will be updated to reflect new transfer station hours of operation once reviewed and approved by the Board. Requested Action: Request Board approve the addition of one new Solid Waste II Booth Attendant. Attachments: Budget Amendment and Wage Breakdown 2022 BUDGET AMENDMENT REQUEST Date:Amendment Request # Supplemental Appropriation Non-Debatable Emergency Debatable Emergency X Budget Amendment REVENUE/SOURCE 402.000000.000.000 70,976.00 END FUND RESERVED EXPENDITURES From <> 402.000000.000.000 39,597.00 SW ATTNDT/SALARIES & WAGES 402.000000.000.000 3,029.00 FICA 402.000000.000.000 4,114.00 PERS 402.000000.000.000 238.00 WA PD FMLA 402.000000.000.000 3,742.00 INDUSTRIAL INSURANCE 402.000000.000.000 19,116.00 MEDICAL 402.000000.000.000 100.00 CLOTHING ALLOWANCE 402.000000.000.000 1,040.00 PENSION Date: Date: Amendment Denied Budget Manager signature:Budget ManagerAction taken by Budget Manager: Amendment Approved Title of authorizing signature:This section is for the department requesting the change.508.10.500000.0000.00 To +537.80.520040.0000.00 To +537.80.520991.0000.00 To +537.80.520035.0000.00 To + Reason for Amendment: $71,000 for a new Solid Waste Attendant II as requested for approval on the October 24, 2022 BOCC Action Agenda. Authorizing signature for department requesting change: EXT: To +537.80.520045.0000.00 To +537.80.520010.0000.00 To +537.80.520030.0000.00 To +537.80.510080.0000.00 To + PLEASE SUBMIT BUDGET CHANGE REQUESTS TO BUDGET MANAGER - SUPPORT SERVICES For increased expenditures due to unanticipated federal, state, or local funds For the relief of a stricken community requiring immediate address; to meet mandatory expenditures required by law For a Public emergency other than a non-debatable emergency which could not reasonably have been foreseen at the time of making the budget, requiring the expenditure of money not provided for in the budget. For increased expenditures to be funded using ending fund balance or transfer of expenditures from one department's budget to another within the general fund. 537.80.520020.0000.00 Department: Public Works ‐ Fund 402  Solid Waste Bargaining Unit: Teamsters General  Services Position Title:Solid Waste Attendant II Wages based on: contract expired  12/31/21  2023 Budget Impact‐ 12  months at Bottom Step  1  Annual Salary 39,597$                              Total Salaries & Wages:39,597$                              FICA 3,029$                                PERS 4,114$                                WA Paid FMLA 238$                                   Industrial Insurance (rate/hr) 3,742$                                Medical (Annual) 19,116$                              Uniform 100$                                   Pension 1,040$                                Unemployment (Annual) Estimated Info Tech. Charge: Total Benefits: 31,378$                              Total Salary & Benefits Budget  Impacts:70,975$