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HomeMy WebLinkAbout2022/10/31 - Briefing PacketMASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF October 31, 2022 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. Briefing Agendas are subject to change, please contact the Commissioners’ office for the most recent version. Last printed 10/26/22 at 4:43 PM If special accommodations are needed, contact the Commissioners' office at Shelton (360) 427 -9670 ext. 419 Our Commission meetings are live streamed at http://www.masonwebtv.com/ and we will accept public comment via email msmith@masoncountywa.gov; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners’ office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of October 31, 2022 Monday, October 31, 2022 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion 10:00 A.M. Executive Session – RCW 42.30.110(1)(i) Litigation 10:30 A.M. Assessor’s Office – Patti McLean 10:35 A.M. Support Services – Mark Neary 11:00 A.M. Public Health – Dave Windom 11:10 A.M. Public Works – Loretta Swanson Utilities & Waste Management 11:20 A.M. Budget Workshop 2023 – Jennifer Beierle Commissioner Discussion – as needed Friday, November 4, 2022 The Ridge Motorsports Park 9:00 A.M. Joint Council Meeting with the City of Shelton Mason County Agenda Request Form To: Board of Mason County Commissioners From: Patti McLean Ext. 498 Department: Assessor's Office Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Advertise for the Non-Represented Chief Deputy Assessor position Background/Executive Summary: Vickie King will resign her position as Chief Deputy Assessor as of December 31, 2022. In order to ensure continuity and a smooth transition, the Assessor’s Office would like to advertise and hire someone for succession training in this position. Budget Impact (amount, funding source, budget amendment): This would result in two people earning Chief Deputy salary for approximately one month in 2022. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to advertise and fill the non-represented Chief Deputy Assessor position. Attachments: Resignation Letter Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator October 31, 2022 Specific Items for Review → Board of Equalization appeals for the 2022 assessment year – Becky Rogers → Contract with Bridgeview Consulting for Multi-Jurisdictional Hazard Mitigation Plan – Diane Zoren → Employee and Advisory Board applicant background investigations – Mary Ransier & Diane Zoren → County Code amendments for Departments reporting to the Board – Mark Neary → Legislative update – Mark Neary Administrator Updates Commissioner Discussion → Calendar updates for the week of October 31 through November 8, 2022 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Becky Rogers Ext. 268 Department: Human Resources/Board of Equalization Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 2022 Agenda Date: November 8, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval for the Mason County Board of Equalization to hear completed and timely filed appeals for the 2022 assessment year. Background/Executive Summary: The Mason County Assessor has certified the assessment rolls for 2022 assessment year. Per RCW 84.48.010, petitions filed exceeded twenty-five, or ten percent of the number of appeals filed in the preceding year. Petitions filed in the preceding year, 2021 assessment year, totaled 139. Petitions filed for 2022 assessment year total 148. Budget Impact (amount, funding source, budget amendment): Budgeted in 2022 & 2023 for hearings. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the Mason County Board of Equalization to hear completed and timely filed appeals for the 2022 assessment year. Attachments: Notice of Approval to Hear Property Tax Appeals Mason County Legislative Authority Form (Rev 64 00049) NOTICE OF APPROVAL TO HEAR PROPERTY TAX APPEALS MASON COUNTY LEGISLATIVE AUTHORITY The county board of equalization, with the approval of the county legislative authority, may convene at any time when petitions filed exceed twenty-five, or ten percent of the number of appeals filed in the preceding year, whichever is greater. (RCW 84.48.010) Pursuant to RCW 84.48.010, the Mason County Legislative Authority hereby approves the Mason County Board of Equalization’s request to convene for the purpose of hearing appeals filed for the current year. This approval is based on a finding that the requirements for convening under RCW 84.48.010 have been satisfied. DATED THIS 8th day of November , 2022 (Month) (Year) Mason County Commissioners Mason County, Washington Kevin Shutty, Chair Sharon Trask, Vice-Chair Randy Neatherlin, Commissioner To ask about the availability of this publication in an alternate format for the visually impaired, please call (360) 705- 6715. Teletype (TTY) users, please call (360) 705-6718. For tax assistance, call (360) 534-1400. REV 64 0049 (8/20/12) Mason County Agenda Request Form To: Board of Mason County Commissioners From: Tammi Wright Ext. 800 Department: Emergency Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Professional Services Contract with Bridgeview Consulting, LLC to complete the update of the County’s Multi-Jurisdictional Hazard Mitigation Plan. Background/Executive Summary: Counties are required to update their Hazard Mitigation Plans (HMP) every 5 years in order to stay in compliance with Washington State Military Department (WA-MD) and the Federal Emergency Management Agency (FEMA) requirements. Current plans are required to access a variety of emergency management and disaster funding programs. Bridgeview Consulting, LLC, in coordination with County staff as well as representatives from various governmental, community, non-profit and other agencies and departments, and the general public will work through the FEMA described process to update the current HMP that expires on 4/29/2023. Emergency Management secured the services of Bridgeview Consulting, LLC through a competitive Request for Qualifications process that was completed on October 26, 2022. The contract total is $80,750 with a performance period of November 8, 2022 through April 3, 2024. Budget Impact (amount, funding source, budget amendment): This contract will be funded through WA-MD’s Hazard Mitigation Grant #D23-005 of which $76,500 is funded through FEMA agreement #FEMA-DR 4539-10-WA. WA-MD is providing an additional $4,250 in funds which covers the contract award in full. Mason County will provide a $4,250 match with in-kind services. Public Outreach (news release, community meeting, etc.): N/A Mason County Agenda Request Form Requested Action: Approve the execution and signing of a Professional Services Contract with Bridgeview Consulting, LLC. Attachments: Professional Services Contract with Bridgeview Consulting, LLC 1 MASON COUNTY and BRIDGEVIEW CONSULTING, LLC PROFESSIONAL SERVICES CONTRACT Multi-Jurisdictional Hazard Mitigation Plan Update This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" specific to the Mason County D ivision of Emergency Management hereinafter referred to as "DEM" and Bridgeview Consulting, LLC, hereinafter referred to as "CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "parties." RECITALS: WHEREAS, COUNTY's DEM needs to retain a person or firm to update COUNTY's current Multi-Jurisdictional Hazard Mitigation Plan; and WHEREAS, COUNTY has completed a Request for Proposal process with CONTRACTOR being deemed as the successful proposer; 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 Funding Source: This CONTRACT is funded through the Washington State Military Department (WA-MD) Hazard Mitigation Grant #D 23-005 Revised of which 90% is funded through the Federal Emergency Management Agency (FEMA) agreement #FEMA-DR 4539-10-WA Hazard Mitigation Grant Program (HMGP) Washington Severe Winter Storms, Flooding, Landslides, and Mudslides. Compliance with Funding Agreements: CONTRACTOR is responsible for ensuring compliance as detailed and required in the Washington State Military Department Hazard Mitigation Grant Agreement #D23-005 Revised as well as the funding source agreement FEMA-DR 4539-10-WA. SAM Registration: CONTRACTOR will register with the federal System for Award Management (SAM) prior to starting work under this CONTRACT. CONTRACTOR will notify COUNTY when registration has been completed. 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 upon date of final signature and end on or 2 before April 3, 2024. 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 Compensation: CONTRACT total value is not to exceed $80,750. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. 3 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 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 4 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 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. 5 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: CONTRACTOR further certifies, by executing this CONTRACT, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. CONTRACTOR also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between CONTRACTOR and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and CONTRACTOR agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. Current companies or individuals that have been declared ineligible to receive federal contracts can be researched on U.S. Department of Labor at https://www.dol.gov/agencies/ofccp/debarred- list. 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; plans, data, maps, reports and similar prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such 6 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, 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 7 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. Minimum Federal Provisions: As all or part of the services being provided are funded with Federal dollars CONTRACTOR agrees to adhere to the requirements set forth in "Exhibit 0 Minimum Federal Provisions." 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 Department of Emergency Management Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act 8 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: John M. Taylor, DEM/Parks Manager Mason County 100 W. Public Works Dr. Shelton, WA 98584 Phone: 360-427-9670 Ext. 806 E-mail: JTaylor@masoncountywa.gov CONTRACTOR's Primary Contact's Information: Beverly O’Dea Bridgeview Consulting, LLC 915 N Laurel Lane Tacoma, WA 98406 Phone: (253) 301-1330 Email: bevodea@bridgeviewconsulting.org 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 9 to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation 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 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 Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of 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. Exhibit E-Grant #D23-005 Revised C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A, B and D 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 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONSULTANT BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Consultant Kevin Shutty, Commission Chair Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 12 EXHIBIT A SCOPE OF SERVICES The Mason County Emergency Management Department (DEM) has been awarded a grant to update the current Mason County Multi-Jurisdictional Hazard Mitigation Plan (Plan) as required by the Federal Emergency Management Agency (FEMA). DEM has contracted with Bridgeview Consulting, LLC (Consultant) to complete portions of the Plan update as detailed below. Task 1: Organize Resources and Assurances: Consultant will support DEM in the organization of resources needs to complete the Plan update. Task 1A: Define the Partnerships-Consultant, in partnership with DEM's designated Planning Team (Team,) will identify local jurisdictions, academia, private non-profits and businesses within the planning area to gain valuable input to enhance the updating process. Task 1B: Plan Review-Consultant will assist the Team in the review of existing studies, plans, reports or technical information that may be pertinent to hazard mitigation, for probable incorporation into this plan. This will include the Washington State Hazard Mitigation Plan. Task 1C: Coordination with other Agencies-Consultant and Team will coordinate with other agencies involved in, or that can impact hazard mitigation actions identified in the Plan update. This potentially will include but not limited to: Washington Department of Ecology, Washington Department of Military-Emergency Management Division and FEMA Region X. The Team will strive to coordinate with any concurrent planning effort in an effort to promote regional consistency in hazard mitigation efforts. Task 2: Assess the Risk: Consultant will identify the characteristics and potential consequences of the natural hazards impacting the planning area. A thorough assessment of each hazard as well as the vulnerability of the planning area to each identified hazard will be accomplished using tools such as GIS and/or HAZUS. Historical/local knowledge of past occurrences will be updated as appropriate. The Mason County Hazard Mitigation Plan will be utilized as the starting point for this phase to determine historic occurrences and hazards to which the County is susceptible, incorporating data from the State's HMP as appropriate. Task 2A: Update of Critical Facilities: Consultant will work with DEM and partner agencies to update existing critical facilities data by combining pertinent information regarding structure type, valuation, new construction, and any other information that may assist with modeling in HAZUS as defined in detail above. County GIS will provide initial data, which will be utilized as a starting point. Consultant will work with DEM and other County staff to identify additional gaps. Once data has been assimilated, the data will be combined from several sources into a single HAZUS (CDMS) database format by Consultant. Task 2B: HAZUS-MH Analysis: Consultant will set up a HAZUS-MI model for the planning area and run a Level 2 analysis of the flood and earthquake hazards. This model will be populated with updated GIS data supplied by County GIS. Consultant will work with the DEM staff and the Team to develop a method to capture critical facilities data for use in this process. Task 2C: Map Extent and Location of Hazards of Concern: Maps that illustrate the identifiable hazard areas within the planning area for each of the partner agencies will be generated by County personnel, with support and assistance from Consultant. All Hazus-related products will be developed by Consultant. Consultant will work with County GIS to develop the study region 13 to ensure consistency in mapping scheme. These maps will be GIS based when data is available, will utilize the best available information from county, state and federal agencies and will include identified critical facilities and critical infrastructure located within the identified hazard areas. When GIS data is not available at the local level, HAZUS-MH will be utilized to create a regional profile. Task 2D: Past Occurrence Review: Consultant will conduct a chronological review of past events impacting the planning area, broken down by agency. For some hazards, there may be no historical record for that type of event occurring within the planning area. In these cases, a regional review will be performed. Task 2E: Vulnerability Analysis: The potential vulnerability of buildings, critical facilities and infrastructure will be determined using data defined above with loss estimations from HAZUS. Task 3: Public Involvement Strategy: Consultant will work with the DEM to develop and implement a public involvement strategy that will meet the statutory requirements of 44 CFR Section 201.6. Key to this task will be to utilize multiple media within the capabilities of the partnership that will give the public multiple opportunities to provide comment on the subject matter. This strategy will focus on three primary objectives: • Assess the public's perception of risk. • Assess the public's perception of vulnerability to those risks. • Identify possible mitigation strategies that will be supported by the public. • It should be noted that the level of effort for this phase will be at the discretion of the Team, supported by Consultant and DEM staff. Task 3 A: Questionnaires-Consultant will develop a Hazard Mitigation Questionnaire pertinent to issues within the planning area to gauge the public's perception of risk, vulnerability and willingness to support mitigation initiatives. This questionnaire will be disseminated primarily via web-based media as well as other means identified by the Team. The intent is to canvas all of the County's geographic regions. This task will include tabulation of the questionnaire responses and analysis of the results. DEM staff will assist in the coordination of the questionnaire completion by conducting outreach sessions, if possible, in coordination with other pre-established meetings. Task 3 B: Public Meetings-Consultant will support DEM staff in the facilitation of public meetings during the course of the Plan update development process. At a minimum, it is anticipated that two public meetings will be held during this process. One during the drafting stage of the Plan update to capture information concerning the public's perception of risk based on information presented and developed under Task 2. Additionally, a final of public meetings will held to present the draft plan to the public and allow them comment period. The format and number of these meetings and locations will be determined by the Team. These meetings should provide an interactive opportunity for the citizens to see and review key elements of the Plan update. These meetings will be advertised via a variety of modes that may include press releases and the internet. Task 3 C: Goals and Objectives-Consultant will facilitate the review of the goals and objectives for the Plan update. Task 3 D: Capability Assessment: Consultant will conduct a capability assessment to identify the policies, procedures, and programs in place within the planning area. This capability assessment will be expanded to review all programs in place in an effort to support recovery 14 planning efforts and initiatives for the County and partner agencies. The opportunities identified from this session will become the basis of the mitigation alternatives created under Task 4B. Task 3E: Website-Consultant will support DEM staff in the preparation of all outreach materials in a "web-friendly" format so that the internet can be utilized as an outreach medium. Task 4: Strategy Development: Once the goals and objectives have been identified, a range of mitigation alternatives and actions will be developed. This process will also include the identification of potential funding sources which can be utilized to support the strategies developed. As part of the mitigation strategy development, Consultant will assist the Team in developing a process for prioritizing, implementing, and administering action items based on a benefit cost analysis. The key components of this task are described in the follows: Task 4A: Update Action Strategies-Previous mitigation strategies will be review by Consultant and updated with progress to-date including a re-prioritization and assessment of project liability. Task 4B: Mitigation Items-Consultant will work with the Team to develop a series of mitigation action items which will help reduce the impacts of hazards on the planning area. These strategies or action items will identify actual structural projects, potential policies, or programs which will support all phases of emergency management. Task 4C: Develop a prioritization schedule-Consultant will work with the Team to develop a prioritization schedule to be applied to the action plans identified in the Plan update. This prioritization schedule shall emphasize the potential benefits of the project versus the costs of the project. Task 5: Develop the Plan Maintenance Strategy: Consultant will work with the Team to develop a strategy for long-term mitigation plan maintenance that should strive to include the following: the method and schedule of monitoring, evaluating, and re-updating the mitigation plan on a five-year cycle; establishing a protocol for a progress report to be completed annually on the plan's accomplishments; the process for incorporating the requirements of the mitigation plan into other planning mechanisms, such as comprehensive or capital improvement plans, zoning changes, or master plan development when appropriate; and addressing how the County and partner agencies will continue public participation in the mitigation plan maintenance process. Task 5A: Plan Maintenance Strategy-Consultant will work with DEM staff and the Team to identify a plan maintenance strategy that will address the five-year update requirement required by FEMA completion of the annual report card that will be used to monitor the progress of plan implementation. This strategy will be written into the Plan update and will be supported by each planning partners that signs on to this process. Task 5B: Consultant will work with DEM staff and the Team to identify those other planning mechanisms in effect within the planning area that can support hazard mitigation and identify ways to incorporated components of the mitigation plan into those mechanisms to strengthen the mitigation opportunities within the planning area. Task 5 C: Ongoing public participation in the mitigation process-Consultant will formulate a plan addressing how the County and partner agencies will continue public participation in the mitigation plan maintenance process. 15 Task 6: Develop the Mitigation Plan: Consultant will assemble the updated plan in an appropriate format to meet the requirements under 44 CFR 201.6. Consultant will assemble the Plan update in a format which is easily read and useable by the County and partner agencies. Consultant will be the principal author of the Plan update to ensure Disaster Mitigation Act (DMA) compliance. Key to this phase will be packaging a plan document that will adequately illustrate all of 44 CFR Section 201.6 requirements. Task 6 A: Author the updated plan text-Consultant will author a Draft Plan update in a method that meets DMA compliance. Task 6 B: Technical Edit/Format-Consultant will compete a technical review and edit of the final draft plan that will be presented to the public for their review and comment as well as provided to FEMA for pre-adoption review and approval. Task 6C: Consultant will complete the necessary FEMA Crosswalk prior to submission, and facilitate the transmission of the plan to the State and FEMA. Any changing required as a result of the state and FEMA review will be incorporated as appropriate. Upon approval from FEMA, DEM Director will facilitate the adoption of the plan by the County. Each planning partner will then facilitate adoption by their agency, forwarding a copy of the Resolution to the DEM Coordinator for forwarding to the State and FEMA. 16 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated $80,750 for completion of the work detailed in Exhibit A Scope of Services. B. Requests for Payment: 1. CONTRACTOR can submit monthly or quarterly invoices. 2. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; compensation due by percentage of task completed during billing period; invoice total; and any additional applicable information. 3. Invoices will be based on the percentage of each task completed during each billing period. 4. Submit via e-mail or hard copy as preferred to: Tammi Wright, Sr. EM Coordinator Mason County 100 W. Public Works Dr. Shelton, WA 98584 Phone: 360-427-9670 Ext. 800 E-mail: tammiw@masoncountywa.gov 4. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice C. Progress Reports: A progress report that summarizing activities completed by task during the billing period must be submitted with each invoice. D. Procurement and Allowable Expenses: Procurement and allowed expenses must align with Federal Emergency Management Agency, Washington State Military Department and Mason County policies, guidelines and requirements. 17 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 0001, 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. CONTRACTOR is responsible for maintaining Business Auto Coverage at a level adequate for CONTRACT's purpose. 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 agreement 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. 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 18 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. 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. 19 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees 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 agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 20 EXHIBIT D MINIMUM FEDERAL PROVISIONS Mason County "COUNTY", as a CONTRACTOR or Grantee with a federal entity, is entering into this CONTRACT with a sub-CONTRACTOR or sub-recipient. "Sub-CONTRACTOR/Sub-recipient" is defined as an entity and/or individual, including all employees, who has entered into a contract or Contract with a CONTRACTOR/Grantee receiving federal funds for the purposes of this Contract. The information contained in this attachment is not intended to substitute federal guidance, or interpret federal law. It is intended to be used as a tool for the Sub- CONTRACTORs/Sub-recipients. It is the CONTRACTOR's/Grantee's or Sub- CONTRACTOR's/Sub-recipient's responsibility to ensure compliance with the most up-to-date applicable federal laws, rules and regulations in order to carry out the terms and conditions of this Contract 1. Cost Principles. By accepting Federal assistance, the CONTRACTOR/Grantee and/or Sub-CONTRACTORs/Sub-recipients agrees to abide by the applicable Office of Management and Budget (OMB) Circulars including, but not limited to federal regulation 2 CFR Part 200 sections A-F as well as appendixes, revisions and additional sections as supplemented by the funding agency in the expenditure of federal funds and performance under this program. 2. Audit Requirements. Non-federal entities that expend $750,000 or more federal awards in a year are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996. Recipients expending less than $750,000 in a year are exempt from federal audit requirements but must make records available for review or audit by federal agencies and/or the COUNTY. 3. Executive Compensation. CONTRACTORs/Grantees as well as Sub- CONTRACTORs/Sub-recipients must report the names and total compensation of each of the CONTRACTOR/Grantee's and/or Sub-CONTRACTOR's/Sub-recipient's five most highly compensated executives for the CONTRACTOR/Grantee's and/or Sub- CONTRACTORs/Sub-recipients preceding completed fiscal year if: In the CONTRACTOR/Grantee's and/or Sub-CONTRACTOR's/Sub-recipient's fiscal year, the CONTRACTOR/Grantee and/or Sub-CONTRACTOR/Sub-recipient received- i.) 80 percent or more of its annual gross revenues from federal procurement contracts (and sub-contracts) and federal financial assistance subject to the Transparency Act (and sub-awards); and ii.) $25,000,000 or more in annual gross revenues from federal procurement contracts (and sub-contracts) and federal financial assistance subject to the Transparency Act, (and sub-awards); and iii.) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a) 78o(d)) or section 6104 of the Internal Revenue Code of 1986. Refer to complete instructions for reporting, exemptions and definitions as contained in federal regulation 2 CFR 170 21 4. Trafficking in Persons. CONTRACTOR/Grantee and/or Sub-CONTRACTOR/Sub- recipient are prohibited from trafficking in persons as detailed in federal regulation 2 CFR- Grants and Contracts. 5. Eligible Workers. Sub-CONTRACTOR/Sub-recipient shall ensure that all employees complete federal form 1-9 "Employment Eligibility Verification" to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC § 1324a). Sub- CONTRACTOR/Sub-recipient shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any subsequent sub- award under this Contract. 6. DUNS and FAIN Requirements. Federal Award Identification Number (FAIN) must be included on any sub-award documents issued by CONTRACTOR/Grantee and/or Sub- CONTRACTOR/Sub-recipient. Sub-CONTRACTOR/Sub-recipient may not make a sub-award to any entity unless the entity has provided its Dun and Bradstreet Data Universal Numbering System (DUNS) number to the COUNTY. 7. Debarment and Suspension. Sub-CONTRACTOR/Sub-recipient certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. Sub- CONTRACTOR/Sub-recipient shall immediately inform the Federal funding agency and the COUNTY if they or any of its principals become excluded, debarred, or suspended from entering into covered transactions with the federal government. Additionally, should Sub- CONTRACTOR/Sub-recipient or any of its principles receive a transmittal letter or other official federal notice of debarment or suspension they shall notify the Federal funding agency and the COUNTY without undue delay. This applies whether the exclusion, debarment or suspension is voluntary or involuntary. CONTRACTORs/Grantees and/or Sub-CONTRACTORs/Sub-recipients are prohibited from contracting with or making sub-awards .under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. "Covered transactions" include those procurement contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative Contract) that are expected to equal or exceed $25,000 for a grant or $30,000 for a contract or meet certain other specified criteria. All non-procurement transactions (i.e., sub-awards), irrespective of award amount, are considered covered transactions. When a CONTRACTOR/Grantee and/or Sub-CONTRACTOR/Sub-recipient enters into a covered transaction with an entity at a lower tier, the CONTRACTOR/Grantee and/or Sub- CONTRACTOR/Sub-recipient must verify that the entity is not suspended or debarred or otherwise excluded. This verification may be accomplished by checking the System for Awards Management (SAM) at https://www.sam.gov, collecting a certification from the entity or adding a clause or condition to the covered transaction. 8. Non-Discrimination. During the performance of activities under this Contract, the Sub- CONTRACTOR/Sub-recipient shall comply with all federal, state and local non- discrimination laws, regulation and policies. In the event of the Sub-CONTRACTOR's/Sub- recipient's non-compliance or refusal to comply with any non-discrimination law, regulation or policy, this Contract may be rescinded, cancelled or terminated in whole or in part, and the Sub-CONTRACTOR/Sub-recipient may be declared ineligible for further Contracts with the COUNTY. Refer to funding agency for specific language required. To file a complaint of discrimination the Civil Rights office of the Federal funding agency should be contacted for documents and instructions. 22 9. Lobbying. Sub-CONTRACTOR/Sub-recipient shall not use funds from this Contract to pay any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any federal contract; the making of any federal grant; the making of any federal loan; the entering into of any cooperative Contract; and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative Contract. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Contract, the Sub-CONTRACTOR/Sub-recipient shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. CONTRACTOR/Grantee and/or Sub-CONTRACTOR/Sub-recipient shall include the above language in documents for all sub-awards under this Contract at all tiers. 10. Other Grant Specific Requirements. For further information related to federal requirements that may apply to CONTRACTOR/Grantee and applicable Sub- CONTRACTORs/Sub-recipients under this Contract, go to: http://www.whitehouse.gov/omb/grants 23 Exhibit E GRANT AGREEMENT #D23-005 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 31, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Criminal history checks on County employees. Background/Executive Summary: This item is continued from the October 3, 2022 briefing. Response to the Commissioners request for more information on conducting criminal history checks on employment candidates: Current State – The County already conducts criminal history checks in accordance with RCW 49.94.010 - Persons who will or may have unsupervised access to children or vulnerable adults - Employment by law enforcement agencies EEOC Recommendation – The EEOC provides Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act. Section VIII Employer Best Practices states best practice for employers considering criminal record information when making employment decisions include, “…eliminate policies or practices that exclude people from employment based on any criminal record.” Variables – Many variables ensue when introducing criminal history checks into the screen process. These may include, but are not limited to: - Which specific offenses may demonstrate unfitness for performing which jobs? - How many years of history should be considered? - What if crimes occurred outside of WA? (Vendor only checks WA state) - What is the consideration for vacated convictions based on evolving case law? Risks/Drawbacks – Risks include employment discrimination claims or suits, proper and equitable application county-wide of a policy or a procedure, properly recording justifications for hiring decisions, ability to train and audit hiring managers when implementing into policy and practice, additional workload for HR, and additional time to hire. Mason County Agenda Request Form Excerpt from Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act – Section VIII Employer Best Practices RCW 49.94.010. Inquiries about criminal records—Timing—Advertisements—Exceptions. (1) An employer may not include any question on any application for employment, inquire either orally or in writing, receive information through a criminal history background check, or otherwise obtain information about an applicant's criminal record until after the employer initially determines that the applicant is otherwise qualified for the position. Once the employer has initially determined that the applicant is otherwise qualified, the employer may inquire into or obtain information about a criminal record. (2) An employer may not advertise employment openings in a way that excludes people with criminal records from applying. Ads that state "no felons," "no criminal background," or otherwise convey similar messages are prohibited. (3) An employer may not implement any policy or practice that automatically or categorically excludes individuals with a criminal record from consideration prior to an initial determination that the applicant is otherwise qualified for the position. Prohibited policies and practices include rejecting an applicant for failure to disclose a criminal record prior to initially determining the applicant is otherwise qualified for the position. (4) This section does not apply to: (a) Any employer hiring a person who will or may have unsupervised access to children under the age of eighteen, a vulnerable adult as defined in chapter 74.34 RCW, or a vulnerable person as defined in RCW 9.96A.060; (b) Any employer, including a financial institution, who is expressly permitted or required under any federal or state law to inquire into, consider, or rely on information about an applicant's or employee's criminal record for employment purposes; (c) Employment by a general or limited authority Washington law enforcement agency as defined in RCW 10.93.020 or by a criminal justice agency as defined in RCW 10.97.030(5)(b); (d) An employer seeking a nonemployee volunteer; or (e) Any entity required to comply with the rules or regulations of a self-regulatory organization, as defined in section 3(a)(26) of the securities and exchange act of 1934, 15 U.S.C. 78c(a)(26). https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records- employment-decisions#VIII VIII. Employer Best Practices The following are examples of best practices for employers who are considering criminal record information when making employment decisions. General • Eliminate policies or practices that exclude people from employment based on any criminal record. Mason County Agenda Request Form Train managers, hiring officials, and decisionmakers about Title VII and its prohibition on employment discrimination. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Attachments: Mason County Agenda Request Form To: Board of Mason County Commissioners From: Diane Zoren Ext. 747 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 3 & 31, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Continued from October 3 - Amending the Mason County Board and Commissions Handbook to include language that a background investigation will be conducted prior to appointment to Mason County advisory boards. This item is brought back to include a discussion of whether to also conduct background investigations on County employees. This investigation report is not subject to the PRA according to RCW 43.43.834 Background/Executive Summary: In response to the Commissioners interest in conducting a background investigation on potential advisory board members, staff has amended the Mason County Board and Commissions Handbook, set up a WSP Washington Access to Criminal History (WATCH) account and created a permission form along with amending the advisory board application. The cost for each WATCH search is $11. The background investigation will be done on those individuals selected for appointment. This database is comprised of records throughout the state of Washington only. This database includes conviction information, arrests less than one year old with dispositions pending, and information regarding registered sex and kidnap offenders. The Criminal Records Privacy Act specifies criminal history dissemination guidelines. Conviction data may be released without restriction. Non-conviction information is not available to the public. Legislation requires that information be kept about the person requesting the report, such as target of the search, the name of the person requesting the search, and date the search was conducted. Budget Impact (amount, funding source, budget amendment): $11 per search, not currently budgeted. The responsible department for the advisory board will be billed this charge. Public Outreach (news release, community meeting, etc.): Information will be included in Handbook, on the advisory board application and on the County website. Mason County Agenda Request Form Requested Action: Permission to place amended Mason County Board and Commissions Handbook on agenda for approval and include cost in the County budget. Attachments: Handbook, WATCH information, Permission Form Mason County Agenda Request Form To: Board of Mason County Commissioners From: Diane Zoren for Mark Neary Ext. 747 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of the resolution amending County Code for Departments Reporting to the Commissioners Background/Executive Summary: County Code needs to be amended to reflect the current organizational structure under the County Commissioners as follows: Mason County Code Chapter 2.02.010 Departments established. The following departments are established and report to the County Administrator who serves at the pleasure of the Board: 1. Community Development Department which includes Building, Planning and Fire Marshal; 2. Human Resources Department which includes Board of Equalization, Civil Services and Risk Management; 3. Public Health and Human Services Department which includes Public Health, Human Services, Environmental Health, and Vital Records; 4. Support Services Department which includes Budget Manager, Central Services, Emergency Management, Facilities and Grounds, Information Technology, LEOFF 1, Parks and Trails, and Motor Pool; 5. Public Works Department which includes Utilities and Waste Management. In 1978 the Mason County Parks and Recreation Department was established by adoption of Resolution 823, Mason County Code Chapter 2.48. This chapter is obsolete and needs to be removed. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): None Mason County Agenda Request Form Requested Action: Approval of the resolution amending County Code for Departments Reporting to the Commissioners. Attachments: Resolution C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Dept reporting to Board.doc RESOLUTION NO. __________ AMENDING RESOLUTION NO. 2020-19 AND CHAPTER 2.02, MASON COUNTY CODE, DEPARTMENTS REPORTING TO THE BOARD OF MASON COUNTY COMMISSIONERS WHEREAS, RCW 36.16.070 states that “In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners. The board shall fix their compensations …”; and WHEREAS, the County Administrator position was filled in 2021 and serves at the pleasure of the Board of Mason County Commissioners; WHEREAS, the Community Services Department, Human Resources Department, Support Services Department and Public Works Department report to the County Administrator; WHEREAS, the scope and body of work have changed in the Community Services Department, necessitating a reorganization into two departments: the Department of Public Health and Human Services and the Department of Community Development; WHEREAS, in 1978 the Mason County Parks and Recreation Department was established by adoption of Resolution 823, Mason County Code Chapter 2.48. This chapter is obsolete and needs to be removed; NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Mason County to delete Chapter 2.48 and amend Chapter 2.02.010 of the Mason County Code in its entirety to read as follows: 2.02.010 Departments established. The following departments are established and report to the County Administrator who serves at the pleasure of the Board: 1. Community Development Department which includes Building, Planning and Fire Marshal; 2. Human Resources Department which includes Board of Equalization, Civil Services and Risk Management; 3. Public Health and Human Services Department which includes Public Health, Human Services, Environmental Health, and Vital Records; 4. Support Services Department which includes Budget Manager, Central Services, Emergency Management, Facilities and Grounds, Information Technology, LEOFF 1, Parks and Trails, and Motor Pool; 5. Public Works Department which includes Utilities and Waste Management. DATED this day of , 2022. ATTEST: __________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _________________________________ Tim Whitehead Chief Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _____________________________ Kevin Shutty, Chair ____________________________ Randy Neatherlin, Commissioner _____________________________ Sharon Trask, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Legislative Update/Identify Mason County Priorities Background/Executive Summary: Debora Munguia will provide the Commissioners with a forecast on the issues she believes the legislature will focus on in the 2023 session. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the legislative priorities for Mason County. Attachments: 2023 Legislative Priorities 2023 Legislative priorities Grant Program Funding Requests 1. Fish Barrier Removal Board (FBRB) - $86 mil in projects submitted state-wide. $25 mil funded last round. $65 mil is needed this round to include three Mason County fish barrier removal projects. (Unlikely, given the focus on the State injunction deadline. See 2. below) 2. PROTECT Program – New program to address fish passage improvement. 100% to the State in the first biennium to address the injunction, and a tentative agreement for ~ $50 mil or 66% to the FBRB in years 3-5, setting aside $25 mil for Tribes. 3. Floodplains by Design (FbD) - $92 mil in projects submitted state-wide. $85 mil needed this round to include Mason Conservation District’s Skokomish RM 6.5 restoration project. (Complimentary work to the USACE/County/Tribe project) 4. Surface Transportation Block Grant Program (STBG) – The Move Ahead Package decreased the local share from 79% to 71%. A tentative agreement has been struck for years 3-5 of the IIJA restoring the local to 79%. Press to ensure the 79% sticks, and continue negotiating an increase for years 6-16 of the Move Ahead Washington Package. 5. Bridge Investment Program – First biennium Bridge Program funds are split 85% State and 15% Local. A tentative agreement was struck at 55% (local) in years 3-5 and an increase to the program cap. Press to ensure the local split remains at 55% in years 3-5 and the current $15 million project cap is increased to reflect cost escalation over time. 6. Pilot Fed Fund Exchange Program - STBGP pays for critical preservation and maintenance activities. The distribution at our local level is so small that added audit requirements and administrative burden result in heftier price-tags and long timelines. It is a major struggle to run through all the required steps to obligate a project. Counties requested a program to “swap” their sub-allocation of federal-aid highway funds for state transportation funds. There is some traction on this. The Peninsula Regional Transportation Planning Organization (PRTPO) is requesting Clallam, Jefferson, and Mason Counties be included in a pilot program to evaluate the merits of an exchange program. Project Funding Requests No lack of potential projects that we will need to prioritize… I’ll make a brief list here, but need to get with Mike and team to develop more detail for the road side ($, scope and priorities) for Board consideration. Richard and I will gather utility project information as well, but likely not in time for your Monday meeting. 1. Every project listed in the Belfair EIS Transportation Mitigation Summary (~ $30 mil for WSDOT and WSDOT/County intersection improvements in Belfair.) 2. Johns Prairie/SR3 Intersection Improvement - Construct low-cost, safety improvements at the stop-controlled intersection at SR3/Johns Prairie Road currently operating at a level of service F. 3. SR3/North Bay Intersection - Complete an Intersection Control Analysis (ICA) to improve intersection efficiency at the SR 3/North Bay-Old SR 302 skewed intersection. Parks RCO funding for Park Projects – Sandhill turf soccer fields and Union park improvements Funding Support: Funding from the state to assist with the development of the comprehensive plan – we will get some in 2023 but want to make sure it is a priority. Regional Septage Treatment Facility – Web Hill - Mason county has one of the only sites in our region for treating sewage from septic tanks and portables. So we need to make sure this remains and option. Funding for regional septage treatment would be nice. Current facility is privately run, but they may run out of capacity in the future so how do we plan for that? Ask Kell if she has any speaking points on this topic? Need for a general biosolids permit to service onsite septic disposal needs. Maintain .09 funding Squaxin Tribe request to EPA to treat them as a state – concerns Jail funding opportunities assistance with solving the challenge of recruiting people to these positions. With all of the potential federal and state opportunities for funding of projects, how do we pace the funding to ensure that we don’t over commit our own internal resources or the capacity of contractors that are able to do the specialized work? This is cross the board concern – not just public works. Mason County Public Health and Human Services Briefing October 31, 2022 Briefing Items →Public Health quarterly finances – Dave Windom →Housing and Behavioral Health advisory board applicant – Melissa Casey →Public Health and Human Services 2023 Environmental Health Fee Schedule – Ian Tracy Mason County Agenda Request Form To: Board of Mason County Commissioners From: David Windom 260 Department: Public Health Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 31 Oct. 2022 Agenda Date: NA 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: Quarterly Finance graphs Background/Executive Summary: Quarterly update to public health finance charts Budget Impact (amount, funding source, budget amendment): NA Public Outreach (news release, community meeting, etc.): NA Requested Action: Information only Attachments: Powerpoint -1000000 -800000 -600000 -400000 -200000 0 200000 400000 600000 800000 1000000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2018 -2022 Cash Flow 2018 2019 2020 2021 2022 Revenue by Source Federal Dollars 46% State Funding 30% Permits 12% Fees 12% Revenue Federal Dollars State Funding Permits Fees County Contribution Transfer in Mental Health 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 Federal Dollars State Funding Permits Fees County Contribution Transfer in Mental Health Budget vs Received Budgeted YTD Salary and Wages 42% Benefits 18% Supplies 7% Services 26% Intergovernmental 0% Internal Charges 7% EXPENDED $0$200,000$400,000$600,000$800,000$1,000,000$1,200,000$1,400,000$1,600,000$1,800,000$2,000,000 Budgeted vs Expended Budget Expended County Gov 3% Fees & permits 27% DOH 1% FPHS 3% State Assist to County 6% Other State 5% Fed through DOH 37% Fed Other 19% BARs Report 2021 County Gov Fees & permits DOH FPHS State Assist to County Other State Fed through DOH Fed Other Mason County Agenda Request Form To: Board of Mason County Commissioners From: Melissa Casey Ext. 404 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Application received for vacant Citizen position on Mason County Housing and Behavioral Health Advisory Board Background/Executive Summary: The Housing and Behavioral Health Advisory Board is a seven-member board appointed to advise the Board of County Commissioners on the use of state and local funds to address affordable housing, homelessness, and behavioral health treatment in Mason County. This advisory board has 3 citizen positions which are appointed by the BoCC. We currently have two vacant citizen positions. Amanda Gonzales has applied as a representative of District 3. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): None Requested Action: Commissioner discussion Attachments: Application Resolution Resolution No. M20-ICI Amendment to Resolution 33-18 to expand advisory board membership and Mason County Code Chapter 2.80. A Resolution Establishing a Mason County Housing and Behavioral Health Advisory Board on Housing, Homelessness, Mental Health and Substance Use Disorder Treatment WHEREAS, housing is a factor that influences health (i.e. a social determinate of health), especially affordable housing, and is a community challenge that is common to all low-income housing, homeless, mental health, and substance use disorder providers; WHEREAS, Mason County receives approximately $1,800,000 through the Consolidated Homeless Grant, local document recording fees and the 1/10 of 1% Sales and Use Tax (i.e. Treatment Sales Tax) for mental health and substance use disorder treatment; WHEREAS, Document Recording Fee statute RCW 43.185C.050 - Local Homeless Housing Plans section (2)(g) requires counties to measure progress through the "Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals"; WHEREAS, previous groups that were formed to identify needs, develop plans, and evaluate request for proposals and make funding recommendations have varied each year resulting in challenges in consistency; WHEREAS, the Mason County Board of Commissioners wishes to form a Housing and Behavioral Health Advisory Board to strategically align the housing, homelessness, mental health and chemical dependency grant awards to improve the health of Mason County residents; WHEREAS, advisory board membership structure did not list federally recognized tribes as a source of membership and ex officio, non-voting members to serve in a consultative role as community needs may change; NOW, THEREFORE BE IT RESOLVED by Mason County Code Chapter 2.80 and the Mason County Board of Commissioners that a Mason County Housing and Behavioral Health Advisory Board be established with the following sources for membership: One County Commissioner, designated as Chair One City Council Member One Board of Health member that is not a county commissioner Social Services Funder One representative from each tribal nation with land holdings in Mason County, and Up to three (3) Mason County residents, not employed by Mason County, but not to exceed one resident per Mason County Commissioner district. All members shall serve a four-year term. Board members may appoint by vote Ex Officio, non-voting members to serve in a consultative role (e.g. medical officer, managed care organizations, school districts). Mason County elected officials, department directors, staff, non-profit Executive Directors and Board Members should serve as a resource to the Housing and Behavioral Health Advisory Board and attend meetings as requested. Resolution No. 2020'J9 The Housing and Behavioral Health Advisory Board shall review and develop recommendations to Mason County's Department of Community Services and County Commissioners in the areas of: a. Funding prioritization and gap identification which can be addressed utilizing available funding sources; b. Requests for Proposals (RFP): review, evaluate, score and provide funding recommendations to Mason County Community Services to ensure funding is prioritized in the areas of greatest need; c. Set community and program goals and ensure alignment of strategic plans; d. Examine and evaluate the identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals; e. Development and/or approval of Policies and Procedures related to the request for proposal process, contract monitoring, performance and corrective actions; and f. Define opportunities to better manage services and expected outcomes. A report containing recommendations on funding priorities should be received by the Board of Commissioners by January 31, of each calendar year beginning in 2019, unless extended by the Board of Commissioners. Housing and Behavioral Health Advisory Board meetings shall be subject to the Open Public Meetings Act and members will be required to attend, at no cost to themselves, Open Public Meetings Act and Public Record Act trainings made available by Mason County. Dated this Zd th day of October 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie S iith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: A7)V-, Ran Neat rl n, Commissioner Tim White , Ch iefDPA jV11`1 Kevin Shu y, tommissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Ian Tracy Ext. 544 Department: Community Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 31, 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: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: 2023 Environmental Health Fee Schedule Background/Executive Summary: It is the role and responsibility of the County Commissioners to set a policy for Public Health and Human Services concerning the funding of public health programs and activities in Mason County. This fee schedule will be replacing the 2014 Environmental Health Fee Schedule that was approved on December 17, 2013. Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): Requested Action: Approval of the Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule. Attachments: Resolution Fee Schedule Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 1 of 5 Plan Review Private 2 Party $275 285 3-14 Connections $635 665 Existing System Approval $455 480 Re-submittal $150 160 Well Construction Permit $275 285 Well Decommissioning $365 385 Well Site Inspection $230 240 Re-inspection $150 160 Group B or Individual Sanitary Survey $425 445 Water System Health Letter $90/hr $95/hr Waiver/Variance $275 285 Water Adequacy Review - See building permit plan review Technical Assistance (per hour)$90/hr $95/hr Appeal $180 190 Plan review (per hour)$90/hr $95/hr Pre-school $90/hr $95/hr Elementary School $90/hr $95/hr Middle School $90/hr $95/hr High School $90/hr $95/hr Day Care $90/hr $95/hr Technical Assistance (per hour)$90/hr $95/hr Year-round Operation $455 480 Additional pool or spa $90 95 SeasonalOperation $365 385 Additional pool or spa $45 50 TechnicalAssistance (per hour)$90/hr $95/hr Process & ship vector specimen $45 50 Municipal Landfill Application $90/hr $95/hr Renewal $425 445 Closure/ Post Closure $425 445 Transfer Station, Moderate Risk Waste Facility Application $485 510 Renewal $365 385 Per Ton (Fee set by resolution)$1.50 Monofill, Inert Disposal/Landfill Application $550 575 Drinking Water Program School Inspection Water Recreation Facility Vector Solid Waste Program Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 2 of 5 Renewal $365 385 Closure/ Post Closure $305 320 Woodwaste, Woodwaste recycling, Composting, Limited purpose landfill, Medical Incinerator, Waste to energy, Treatment facility Application $670 705 Renewal $425 445 Closure/ Post Closure $290 305 Piles, Surface Impoundments Application $365 385 Renewal $275 285 Tire Pile, Recycling,Conditional Exempt Waste Facility, Drop Box Application $365 385 Renewal $275 285 Non-inert Construction Demo Landfill Application $855 895 Renewal $485 510 Closure/ Post Closure $335 350 Energy Recovery/Inceneration Application $4,620 4850 Renewal $1,650 1730 Technical Assistance (per hour)$90/hr $95/hr Waiver $275 285 Appeal $180 190 Illegal Drug Lab Plan Review $275 285 Per hour over 3 hours $90/hr $95/hr Restaurants Complex Large $820 865 Complex Small $550 575 Non-complex Large $365 385 Non-complex Small $275 285 Taverns Complex Large $820 865 Complex Small $550 575 Non-complex (no Food)$275 285 Mobiles Complex $540 570 Non-complex $275 285 Kitchens Large $275 285 Small $185 195 Confectionery $185 195 Espresso $185 195 Bed & Breakfast $185 195 Food Service Permit Fees Hazardous Material Cleanup Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 3 of 5 Bakery $275 285 School/Jail Food Service Central Kitchen $275 285 Satellite Kitchen $185 195 Headstart/Preschool $230 240 Re-inspections Initial $90 95 Follow-up $150 160 Technical Assistance (per hour)$90/hr $95/hr Plan Review (per hour)$90/hr $95/hr Appeal/Office Conference $180 190 Catering Off Premises Vending - Licensed Restaurant $185 195 Catering with Commessary Only $275 285 Grocery/Markets 0-3 Checkstands Base fee $275 285 4+ Checkstands Base fee $320 335 For Each Department Add: Bakery $90 95 Meat $90 95 Seafood $90 95 Deli $140 145 Espresso $90 95 Food Handlers Card (fee set by State)10 Duplicate for Lost Food Handlers Card $3 3 Low Risk Foods Regular Tax Exempt Single Event $45 50 35 Multiple up to 21 days $85 90 $65 70 Farmer's Market $75 80 60 Moderate Risk Foods Single Event $85 90 $65 70 Multiple up to 21 days $180 190 $140 145 Farmer's Market $160 170 $125 130 High Risk Foods Single Event $130 140 $100 105 Multiple up to 21 days $260 275 $205 215 Farmer's Market $250 260 $195 205 Expedited Food Permit Additional 50% of fee BLA (office review)$140 145 Large Lot Subdivision Application fee $425 445 Per Parcel fee 35 Short Subdivision $425 445 Subdivision Application fee $635 665 Temporary Food Event Land Use Fees Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 4 of 5 Per Parcel fee 35 Other review (per hour)$90/hr $95/hr Pre-application meeting - Major EH Plan Review $240 255 Change in Tennant - Minor EH Plan Review $125 130 Building Plan Review/Change of Use - Onsite Sewage:$125 130 Building Plan Review/Change of Use - Drinking Water Availability:$125 130 Water Resource Inventory Area (WRIA) Fee, (set by State)$500 525 Technical Assistance (per hour)$90/hr $95/hr Certified Installer Test (through WOSSA) Annual $275 285 Certified Pumper Inspection <1 hour, additional time billed per hour $90 95 Annual $275 285 Certified O&M Specialist Test (through WOSSA) Annual $275 285 Washington State DOL Certified Designer Inclusion on Mason County list - Annual Listing 35 Individual permit $500 525 Installation $240 255 Extension (< 1 year through September 30)$150 160 Homeowner install - in addition to installation fee $205 215 Tank Only $240 255 Community/Commercial $1,160 1215 Base + hourly rate > 8 hrs Per connection (payable with design submittal $150 160 Re-inspection/Re-submittal $150 160 O&M Processing/ Data entry to Carmody $10 10 Winter Observation $550 575 EH Review (Non-refundable) CRT Water $240 255 Septic $240 255 Both $405 430 Property Evaluation $335 350 Dye Test (supplies extra)$90/hr $95/hr Appeal $180 190 Waiver/Variance Staff/EH $180 190 Health Officer/DOH/Director $275 285 Technical Assistance (per hour)$90/hr $95/hr Technical Assistance all EH Programs $90/hr $95/hr Licensed Onsite Professionals Onsite Sewage System Fees Other EH Fees Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule Page 5 of 5 Fee for copies (set by State)0.15 SEPA (set by DCD) Filing fees (Fee set by Auditor) Scanning fee (per document/permit)10 Operating without a permit Double permit fee Technology Surcharge (set by DCD for electronic permitting) Mason County Community Services - Environmental Health 415 N. 6th Street - Shelton, WA 98584 360-427-9670, ext. 400 Action Items: ➢ News Release: 2023 Solid Waste Rates ➢ News Release: 2023 Water/Sewer Rates Discussion Items: Commissioner Follow-Up Items: Upcoming Calendar/Action Items: MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING OCTOBER 31, 2022 NEWS RELEASE November 8, 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: 2023 Solid Waste Rate Increases Per Mason County Resolution No. 2022-27, disposal rates at all Mason County Transfer and Drop Box stations will increase by 9.0% beginning January 1, 2023. As directed by Resolution No. 2022-27, fees will be increased each year by the amount of the August to August Consumer Price Index (CPI) for the Seattle-Tacoma-Bellevue area. This increase is to cover the annual cost increase experienced by the County to operate and maintain the Shelton, Hoodsport, Union, and Belfair transfer and drop box station locations. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Vice-Chair ______________________ Randy Neatherlin, Commissioner 2023 RATES Based on the CPI adjustment for 2021 to 2022 of 9%, the disposal rates for 2023 at the Mason County Solid Waste Transfer Station is as follows: (Refuse Collection Tax is 3.6% of the untaxed rates) 2023 RATE WITHOUT TAXES Solid Waste (Per Ton) $ 120.20 / TON Minimum Fee (340 lbs.) $ 19.50 1 Can/Bag (32 Gal) $ 6.51 2 Can/Bag (32 Gal) $ 12.98 3 Can/Bag (32 Gal) $ 14.96 4 Can/Bag (32 Gal) $ 16.86 Tire with Rim $ 6.51 Tire without Rim $ 4.84 Misc. large bulky items $ 6.51 Appliance w/Refrigerant $ 12.98 Auto Battery $ 2.52 Recyclable Scrap Metal $ 72.77/ TON Separated, clean yard $ 87.14 / TON Trimmings Construction Debris $ 120.20 / TON 55 Gal. Drum(s) $ 120.20 / TON Cubic Yard Waste $20.78 2023 RATES Based on the CPI adjustment for 2021 to 2022 of 9%, the disposal rates for 2023 at the Mason County Solid Waste Facilities in Belfair, Hoodsport, and Union are as follows: (Refuse Collection Tax is 3.6% of the untaxed rates) 2023 RATE WITHOUT TAXES Solid Waste (Per Cubic Yard) $ 24.65/ CY Minimum Fee (more than six 32gal bags less than 1 CY) $ 24.65 1 Can/Bag (32 Gal) $ 6.51 2 Cans /Bags (32 Gal) $ 12.98 3 Cans /Bags (32 Gal) $ 14.96 4 Cans /Bags (32 Gal) $ 16.86 5 Cans /Bags (32 Gal) $ 19.50 6 Cans /Bags (32 Gal) $ 21.46 1 55-gal drum $ 13.00 2 55-gal drums $ 17.56 3 55-gal drums $ 21.46 Misc. large bulky items $ 24.65 Appliance w/Refrigerant $ 32.52 Tire with Rim (1 only) $ 22.62 Each additional Tire with Rim $ 6.51 Tire without Rim (1 only) $ 6.51 Each additional Tire without Rim $ 3.90 Auto Battery $ 2.52 Recyclable Scrap Metal $ 6.51 / per 32 Gal NEWS RELEASE November 8, 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: 2023 Water and Sewer System Rate Increases for North Bay, Rustlewood, and Beards Cove Per Mason County Resolution No. 146-08, 05-09, and 06-09, all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove, and North Bay Case Inlet water and sewer systems will increase by 9.1% for the 2023 calendar year. The increase corresponds to the April 2022 Consumer Price Index (CPI) for the Bremerton area for a one-year period ending April 2022. This increase applies to all charges associated with the referenced water and sewer utility systems, including monthly service rates, connection and permit fees, and other related charges; as well as covering the annual cost increase experienced by the County for the operation and maintenance of the above referenced water and sewer utility systems. Notices will be mailed out to all Beards Cove, North Bay Case Inlet, and Rustlewood utility users because of these rate changes. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Vice-Chair ______________________ Randy Neatherlin, Commissioner Mason County Utilities & Waste Monthly Service Fees/Connect Fees for 2023 Rustlewood Water Sewer Monthly Rate $46.06 $122.76 (168.82) Connect Fee $2,647.10 $6,617.70 (9,264.80) Beards Cove Monthly Rate $46.06 Connect Fee $2,647.10 North Bay/Case Inlet Monthly Rate $129.73 Connect Fee $13,042.60 Grinder Pump Fee $5,130.16 Duplex $181.62 Grinder Pump/Empty Lot $90.90 Belfair Monthly Rate (Per ERU) $96.00 Connect Fee (Per ERU) $11,300