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HomeMy WebLinkAbout2023/08/15 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 August 15, 2023 9:00 a.m. August 15.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in -person and via Teams. Please click the Teams meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognize d by the Chair to provide your comments and testimony. Public comment and testimony can be provided in -person, and you can also e-mail msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Mason County Noxious Weed Control Board Vacancies News Release 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – July 17, 2023 Regular Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8098145-8098361 $2,014,784.10 Direct Deposit Fund Warrant # 98421-98830 $ 864,015.53 Salary Clearing Fund Warrant # 7007471-7007507 $ 571,071.48 Treasurer Electronic Remittance $ 410,073.38 8.2 Approval to accept the recommendation of the Hearing Examiner and grant the vacation of the right -of-way as petitioned, subject to the conditions contained in the findings, conclusions, and recommendations of the Hearing Examiner for Road Vacation no. 413. 8.3 Approval to accept the recommendation of the Hearing Examiner and grant the vacation of the right -of-way as petitioned, subject to the conditions contained in the findings, conclusions, and recommendations of the Hearing Examiner for Road Vacation no. 414. 8.4 Approval of the Resolution amending Resolution no. 2023 -035 to fund the Mason County Flexible Spending Account (FSA) clearing account in the amount of $5,000. 8.5 Approval of the 2024-2025 Office of Civil Legal Aid (OCLA) contract and reclassification of the Juvenile Deputy position. 8.6 Approval of the rate of $40 per hour for Rule 9 interns handling remote District Court cases for probation violation. 8.7 Approval of the Mason Matters contract for a total of $25,000 per year from July 1, 202 3 through June 30, 2024. 8.8 Approval of the Resolution adopting the revised Park Host Program as set forth in Exhibit A which will be administered by the Parks and Trails Department. 8.9 Approval to set a Public Hearing for Tuesday, September 12, 2023 at 9:15 a.m . to review final project performance and close out the state Community Development Block Grant (CDBG) for the Microenterprise Assistance Program which ended July 1, 2023. 8.10 Approval to advertise a Request for Qualifications (RFQ) for Community Justice Cente r Design and Development. 8.11 Approval to set a Public Hearing for Tuesday, September 26, 2023 at 9:15 a.m. to consider amending the 2023 -2028 Six-Year Transportation Improvement Program (TIP) and the 2023 Annual Construction Program. 8.12 Approval of the Resolution for County Road Project no. 2051 – Shelton Matlock Road and to authorize the Public Works County Engineer to advertise, set bid dates/times, award contract, and for the County Engineer and/or the Chair to sign all pertinent documents. 8.13 Approval for Public Works to add an and hire for an additional 1.0 Full -Time Employee (FTE) Administrative Assistant position. 8.14 Approval of the Interlocal Agreement (ILA) with the City of Shelton for the 2025 Mason County and City of Shelton Comprehensive Plan update. 8.15 Approval of the following Mason County Officers, Employees, and Volunteer(s) request for Defense and Indemnification coverage assigned by the County as named defendants in the case of Matthew Collett # 172141, case no. 3:23-CV-5654-RAJ-DWC United States District Court Case served upon them on August 7, 2023 via USPS: Kevin Hanson, Shane Schoeneberg, Randy Newell, Paula Blush. 8.16 Approval of the letter of support for the Medicaid Inmate Exclusion Policy (MIEP) amendment. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Public Hearing to consider approval of the Ordinance adopting the proposed amendments to Mason County Code Title 16 – Subdivisions & Plates and Title 17 – Zoning as outlined in Attachments A and B. Staff Kell Rowen 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Cassidy Perkins Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: August 15, 2023 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Notice of Liquor License application for IL Canale, Special Occasion Liquor application for the Great Bend Center for Music, and a Notice of Cannabis License application for GGD Platinum LLC. 4.1.2 Notice of opportunity to compete to purchase received from Saundra Price regarding Allyn View Estates. 4.1.3 Letter received from Astound Broadband powered by Wave regarding rate increase. 4.1.4 Letter received from the Washington Fish and Wildlife Office regarding an initiation of a Species Status Assessment for the Suckley’s bumble bee. Attachments: Originals on file with the Clerk of the Board. NEWS RELEASE August 15, 2023 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: MASON COUNTY NOXIOUS WEED CONTROL BOARD The Mason County Board of Commissioners is seeking applicants to fill four positions on the Mason County Noxious Weed Control Board. The Board of County Commissioners appoints Noxious Weed Control Board members to four-year terms. The Noxious Weed Control Board consists of five voting members, each representing one of five designated weed control districts in the County. At least three of the five voting members must be engaged in the primary production of agricultural products, such as livestock, crops, shellfish, timber, or Christmas trees. The Noxious Weed Control Board currently has three vacant openings which include District 4 (Belfair and North Mason area), District 5 (west of the Hood Canal and north of Potlach), and District 1 (Shelton area and west to Matlock and south to the County boundary with Thurston County). In addition, the Board gave notice of expiration of terms of office and is seeking applications for Board members to represent District 3 (Skokomish Valley and Union area). The Board has the mission of working to protect the citizens, natural resources (including lakes, shellfish, and timber), livestock, and agricultural resources of Mason County from the degrading effects of noxious weed invasions. The Board functions to identify priority weed issues and develop a strategy to control noxious weeds with the cooperation of residents and agencies in the County. The Mason County Noxious Weed Control Program works to educate residents on noxious weed identification, control methods, and works cooperatively with landowners who have noxious weed infestations. Please consider serving Mason County and protecting against weedy invaders by becoming a representative on the Board. To obtain an application, please contact the Mason County Noxious Weed Control Program at (360) 427-9670 ext. 592. Applications are also available on the website at https://masoncountywa.gov/forms/ac/noxious-weed/weed-board.pdf. For more information, interested individuals may contact the Mason County Noxious Weed Control Program Coordinator, Kela Hall-Wieckert at (360) 427-9670 ext. 592 or khall-wieckert@masoncountywa.gov. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Sharon Trask, Chair ______________________ Randy Neatherlin, Vice-Chair ______________________ Kevin Shutty, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 July 18, 2023 1. Call to Order – The Chairperson called the regular meeting to order at 9:04 a.m. 2. Pledge of Allegiance – Cmmr. Shutty led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: notice of cannabis license application for Deep Well Farms and license renewal information for both liquor and cannabis license holders. 4.1.2 Economic Development Council sent in the 2023 Quarter 2 Report. 4.2 Loretta Swanson read the 2023 County Road Chip Seal and Restriping Projects news release. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Neatherlin/Shutty moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes 8. Approval of Action Agenda 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8097307-8097847 $1,615,100.44 Direct Deposit Fund Warrant # 98012-98420 $ 845,658.66 Salary Clearing Fund Warrant # 7007471-7007507 $1,127,515.79 Treasurer Electronic Remittance $ 737,063.54 8.2 Approval for the County Administrator to sign the agreement with Corrections Technology Group (CTG) to replace and expand the Jail camera and video system for the net price of $286,427. 8.3 Approval of the revised 2024 Budget Rates for Information Technology (IT) from $1,230,000 to $1,300,000 for Munis Cloud storage and network switches. 8.4 Approval for the Chair to sign the 10-year lease agreement with North Mason Fire Authority for the building located at 490 NE Old Belfair Highway to relocate certain County services for $2,000 a month. 8.5 Approval to set a Public Hearing for Tuesday, August 15, 2023 at 9:15 a.m. to consider amendments to Title 16 – Plats and Subdivisions and Title 17 – Zoning relating to Road Standards and overall language cleanup. 8.6 Approval to select SCJ Alliance as the consultant for the 2025 Mason County Comprehensive Plan Update and for staff to start contract negotiations. 2 | J u l y 1 8 , 2 0 2 3 C o m m i s s i o n M i n u t e s 8.7 Approval of the letter of support for the Mason County 2025-2045 Comprehensive Plan Periodic Update to the Washington State Department of Commerce. 8.8 Approval for the Public Works Director to sign the Latecomer Agreement between Harbor Custom and Mason County. 8.9 Approval to sign the letter of concurrence with Lewis County’s appointment of Brian Mittge to the Timberland Regional Library Board of Trustees to fill an unexpired seven-year term which will expire December 31, 2029. 8.10 Approval of the Resolution adopting the Mason County Imaging and Destruction of Paper Records (Scan and Toss) Policy. (Exhibit A, Resolution No. 2023-039) 8.11 Approval for the Parks and Trails Director to apply for the Recreation and Conservation Office (RCO) 2023 Local Parks Maintenance Grant to resurface the Latimer’s Landing parking lot and boat launch for the estimated cost of $26,476. 8.12 Approval for the Chair to sign the Blake Reimbursement Agreement with the Washington State Administrative Office of the Courts (AOC). 8.13 Approval of the revised Department of Social and Health Services (DSHS) General Terms and Conditions (GTCs) removing certain COVID-19 obligations and will expire June 30, 2029. 8.14 Approval of the letter of support for Public Utility District No. 1’s Community Wildfire Defense Grant Program Application to do a comprehensive vegetation management (VM) project to clear vegetation fuels within their easement land and to procure the highline truck and equipment needed to maintain cleared easements moving forward. 8.15 Approval of the letter of support for Public Utility District No. 1’s Office of Clean Energy Demonstrations (OCED) funding request for the Highway 106 Distribution Line Rebuild and Intertie Project. 8.16 Approval of the Public Health Consolidated Contract (CONCON) amendment no. 13 to add and amend certain statements of work and to increase the allocation by $1,378,486 for a revised maximum consideration of $5,341,192. 8.17 Approval of the Resolution replacing Resolution no. 2020-40 adopting the updated Real Property and Right of Way Acquisition Procedures for Public Works Projects. (Exhibit B, Resolution No. 2023-040) 8.18 Approval to appoint Susan “Rachel” Hansen as a “Spender” to the Mason County Lodging Tax Advisory Committee (LTAC) for a two-year term expiring July 18, 2025. 8.19 Approval of the Memorandum of Understanding (MOU) with Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff to update the 2022-2024 Collective Bargaining Unit language in Article 11 Hours of Labor. 8.20 Approval of the FY24-25 Consolidated Homeless Grant (CHG) and subcontracts with Crossroads Housing, Turning Pointe Survivor Advocacy, Youth Connection, Community Lifeline, and Quixote Communities. 8.21 Approval of the FY24 Emergency Housing Fund (EHF) contract in the amount of $884,950. 8.22 Approval to reschedule the Public Hearing from Tuesday, August 1, 2023 at 9:15 a.m. to July 31, 2023 at 9:00 a.m. for review and consideration of the submitted responses to the Request for Proposals (RFP) for the Solid Waste long haul transport and disposal and approval to potentially take action to award the contract. Cmmr. Shutty/Neatherlin moved and seconded to approve action items 8.1 through 8.22. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 3 | J u l y 1 8 , 2 0 2 3 C o m m i s s i o n M i n u t e s 10.1 Public Hearing to approve the twenty-four Open Space applications to the recommendations of the County Assessor. Staff: Diane Zoren Diane Zoren shared this Public Hearing is to consider the 24 Open Space applications for 2022. The applications have been reviewed by the County Assessor who is recommending approval for all 24. Some applications have conditions. Cmmr. Neatherlin/Shutty moved and seconded to approval of the twenty-four Open Space applications as recommended by the County Assessor. Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:26 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Randy Neatherlin, Vice-Chair ________________________________ Kevin Shutty, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Cassidy Perkins Ext. 419 Department: Support Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date: August 15, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8098145-8098361 $ 2,014,784.10 Direct Deposit Fund Warrant # 98421-98830 $ 864,015.53 Salary Clearing Fund Warrant # 7007471-7007507 $ 571,071.48 Treasurer Electronic Remittance $ 410,073.38 Macecom 7.7.2023 $ 151,395.17 Mental Health 7.10.2023 $ 2,515.19 Dispute Resolution Charge 7.10.2023 $ 1,020.00 Current Expense 7.12.2023 $ 5,619.00 Trial Court Improvement 7.12.2023 $ 5,619.00 ARPA 7.12.2023 $ 35,036.15 Community Development 7.12.2023 $ 35,036.15 Mental Health 7.12.2023 $ 11,700.80 Prosecutor 7.12.2023 $ 11,700.80 Mental Health 7.12.2023 $ 61,566.20 Therapeutic Courts 7.12.2023 $ 61,566.20 Mental Health 7.12.2023 $ 13,649.36 Juvenile Probation 7.12.2023 $ 13,649.36 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Mason County Agenda Request Form Claims Clearing YTD total $ 31,180,161.49 Direct Deposit YTD total $ 12,762,851.04 Salary Clearing YTD total $ 12,464,415.63 Approval of Treasurer Electronic Remittances YTD total $ 7,439,966.57 Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachments: Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins, PLS, PE Deputy Director/County Engineer Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 31, 2023 Agenda Date: August 15, 2023 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Risk (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 Vacation Order No. 413– Portion of Jackson Ave, Laurel Street, Park Ave and the un-opened alley in Block 33 in the Plat of McReavy’s First Addition to Hoodsport in Volume 2 of plats, page 11. Background/Executive Summary: The Mason County Hearing Examiner held a hearing on June 14, 2023 to consider vacating a portion of Jackson Ave, Laurel Street, Park Ave and the un-opened alley in Block 33 in the Plat of McReavy’s First Addition to Hoodsport (Road Number none) as requested by Manke Timber Co. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on June 30, 2023 recommending approval of the proposed vacation. Budget Impact (amount, funding source, budget amendment): The required Administrative Fee of $1,000. has been paid. Public Outreach (news release, community meeting, etc.): Notice of a Public Hearing was published in the Shelton Journal May 18th and 25th, 2023 and the Notice of Intent was posted on site and two other area locations. Hearing took place on June 14, 2023 at 1:00pm via Zoom. Requested Action: Request the Mason County Board of Commissioners accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings, Conclusions and Recommendations of the Hearing Examiner for Road Vacation No. 413. Attachments: 1. Hearing Examiner's Findings, Conclusions and Recommendation 2. Order of Vacation RETURN TO: MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton, WA 98584 IN THE MATTER OF THE PETITION OF: A PORTION OF Jackson Ave, Laurel Street, Park Ave. and the un-opened alley in Block 33 in the Plat of McReavy’s First Addition to Hoodsport in Volume 2 of plats, page 11. ORDER OF VACATION VACATION FILE NO. 413 RCW 36.87 WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way of Parcel No’s. 42214-10-00000 and 42212-51-33000: All that portion of Jackson Ave, Laurel Street, Park Ave. and the un-opened Alley in Block 33, in the Plat of McReavy’s First Addition to Hoodsport in Volume 2 of plats, page 11, as dedicated on October 10, 1890, in Mason County Washington, lying Southerly of the Northerly Section line of Section 14, Township 22 North, Range 4 West, W.M. AND, WHEREAS, the date of hearing was set for June 14, 2023, and Notice of Hearing, Intent to Vacate, was published and posted according to law; and WHEREAS, the hearing was held on June 14, 2023, at 1:00pm via Zoom and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his Findings, Conclusions and Recommendations and the members of the Board have given them due consideration. NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED that said vacation is subject to any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. Order of Vacation File No. 413 Page 2 DATED this day of , 2023. ATTEST: _________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _________________________________ Tim Whitehead, Ch. DPA Assessor; Auditor; Petitioner; Public Works Dept.; GIS Vacation File No. 413 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ___________________________________ Sharon Trask, Chair ___________________________________ Randy Neatherlin, Vice Chair ___________________________________ Kevin Shutty, Commissioner Road Vacation p.1 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts, Hearing Examiner RE: Road Vacation No. 413 Petition for a Road Vacation FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION SUMMARY Manke Timber Co. has requested the vacation of all that portion of Jackson Ave, Laurel Street, Park Ave and the unopened alley in Block 33, in the Plat of McReavy’s First Addition to Hoodsport. It is recommended that the County Commissioners approve the vacation, especially since it is likely already vacated as a matter of law. The requested areas to vacate have never been maintained or opened as a public roadway. The alley and streets were dedicated to the public on October 10, 1890, when McReavy’s First Addition to Hoodsport was originally platted. Since the road was created prior to 1904, it likely is already vacated by operation of law. RCW 36.87.090, as construed by the courts, provides for the automatic vacation of streets unopened for five years and platted prior to March 11, 1904. See Gillis v. King County, 42 Wn.2d 373 (1953). TESTIMONY Tina Schaefer, Mason County Public Works, summarized the petition request. No one else attended the hearing. EXHIBITS The June 5, 2023 Staff Report along with attachments A-C listed on its page 2 were admitted into the record at the June 14, 2023 public hearing. FINDINGS OF FACT Procedural: 1. Hearing. A virtual hearing on the petition for vacation was held on June 14, 2023 at 1:00 pm via Zoom. Road Vacation p.2 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Substantive: 2.Site/Proposal Description. Manke Timber Co. has requested the vacation of all that portion of Jackson Ave, Laurel Street, Park Ave and the unopened alley in Block 33, in the Plat of McReavy’s First Addition to Hoodsport. The requested areas to vacate have never been maintained or opened as a public roadway. The alley and streets were dedicated to the public on October 10, 1890, when McReavy’s First Addition to Hoodsport was originally platted. 3.Utility of Vacation Area. As noted in the engineer’s report, Public Works staff have determined that the proposed vacation area is not necessary for future use in the County Road system. No lots will be landlocked as a result of the proposal and as noted in the summary above the vacation area likely has already been vacated as a matter of law under RCW 36.87.090. 4.Petition Includes Majority of Abutting Owners. Manke Timber Co. has signed the vacation petition. As shown in Ex. A, p. 4, except for the relatively small amount of area subject to vacation in the Laurel Street portion, Manke owns the property on both sides of the proposed vacation areas. As further shown in Ex. A, p, 4, Manke owns a little more than 50% of the property abutting the Laurel Street portion. CONCLUSIONS OF LAW Procedural: 1.Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the authority to review road vacation applications and make a recommendation to the Mason County Board of County Commissioners. Substantive: 2.Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. MCC 12.20.010: County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the vacation. RCW 36.87.020: Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same Road Vacation p. 3 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or any portion thereof. The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority may: (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall be charged; or (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. RCW 36.87.060: If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the requirements of the statutes and ordinances quoted above. Manke Lumber, the petitioner, owns the majority of abutting property to the vacation area as determined in Finding of Fact No. 4 and required by RCW 36.87.020. As determined in Finding of Fact No. 3, the vacation area is not useful as a part of the county road system as required by RCW 36.87.060. The public will benefit from the vacation as it will increase the size and developable area of the petitioner’s property, thus adding to Assessor Rolls. The vacation will also reduce potential County liability and maintenance responsibilities of the vacation area. MCC 12.20.040: For the purpose of vacating county roads, all roads shall be classified as follows: (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full fair market value of the fee simple estate. (3)Class C. All roads that meet RCW 36.87.090 requirements. 4. Vacation Area Qualifies as Class A Road. As outlined in the summary and Finding of Fact No. 3, the right of way subject to the requested vacation has likely been vacated as a matter of law under RCW 36.87.090 and thus qualifies as a Class C road. MCC 12.20.050: Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County board of county co mmissioners as a condition precedent to the vacation to pay the county prior to the vacation. The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. Road Vacation p. 4 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. Required Administrative Fees Paid. The engineer’s report identifies that the petitioners have paid the required $1000 administration fee. No compensation for the right of way is required as concluded in Conclusion of Law No. 6. MCC 12.20.060: The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefitting from the vacation thereof compensate Mason County as set forth in the following schedule: (1) Class A Roads. Fifty percent of the appraised value. (2) Class B Roads. One hundred percent of the appraised value. (3) Class C Roads. No compensation other than for the administrative fee of the vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the county originally paid for the property. 6. Compensation Required. Since the vacation area qualifies as a Class C road, no compensation is required. MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars to cover all administrative costs regardless of the county's approval of vacation. Said administrative costs shall include the costs of the hearing examiner in holding the public hearing and reporting recommendations to the board of county commissioners. 7. Required Deposit Paid. The engineer’s report identifies that petitioner has paid the required $1,000 deposit. RECOMMENDATION It is recommended that the Board of Commissioners approve the proposed vacation, subject to the condition that the vacated area be subject to existing easements for ingress and egress and access to existing public utilities for any purpose. DATED this 30th day of June, 2023 Phil A. Olbrechts Mason County Hearing Examiner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins, PLS, PE Deputy Director/County Engineer Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): July 31, 2024 Agenda Date: August 15, 2023 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Risk (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 Vacation Order No. 414 – portion of the West half of Sixth Street adjacent to Lots 1, 2, and 3, Block 15, of the Plat of Detroit No. 2, recorded in Volume 1 of Plats, page 23. Background/Executive Summary: The Mason County Hearing Examiner held a hearing on June 14, 2023 to consider vacating a portion of the West half of Sixth Street adjacent to Lots 1, 2, and 3, Block 15, of the Plat of Detroit No. 2, recorded in Volume 1 of Plats, page 23, (Road Number none) as requested by Raenelle Restad and Jerry Barry. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on June 30, 2023, recommending approval of the proposed vacation. Budget Impact (amount, funding source, budget amendment): The required Administrative Fee of $1,000. has been paid. Public Outreach (news release, community meeting, etc.): Notice of a Public Hearing was published in the Shelton Journal May 18th and 25th, 2023 and the Notice of Intent was posted on site and two other area locations. Hearing took place on June 14, 2023 at 1:00pm via Zoom. Requested Action: Request the Mason County Board of Commissioners accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings, Conclusions and Recommendations of the Hearing Examiner for Road Vacation 414. Attachments: 1. Hearing Examiner's Findings, Conclusions and Recommendation 2. Order of Vacation RETURN TO: MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton, WA 98584 IN THE MATTER OF THE PETITION OF: A PORTION OF the West half of Sixth Street adjacent to Lots 1, 2, and 3, Block 15, of the Plat of Detroit No. 2, recorded in Volume 1 of Plats, page 23, in the Northwest Quarter of Section 5, Township 21 North, Range 1 West, W.M in Mason County, Washington. ORDER OF VACATION VACATION FILE NO. 414 RCW 36.87 WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: Vacate all that portion of the West half of Sixth Street adjacent to Lots 1, 2, and 3, Block 15, of the Plat of Detroit No. 2, recorded in Volume 1 of Plats, page 23, in the Northwest Quarter of Section 5, Township 21 North, Range 1 West, W.M in Mason County, Washington. AND, WHEREAS, the date of hearing was set for June 14, 2023, and Notice of Hearing, Intent to Vacate, was published and posted according to law; and WHEREAS, the hearing was held on June 5, 2023, at 1:00pm via Zoom and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his Findings, Conclusions and Recommendations and the members of the Board have given them due consideration. NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED that said vacation is subject to any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. Order of Vacation File No. 414 Page 2 DATED this day of , 2023. ATTEST: _________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _________________________________ Tim Whitehead, Ch. DPA Assessor; Auditor; Petitioner; Public Works Dept.; GIS Vacation File No. 414 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ___________________________________ Sharon Trask, Chair ___________________________________ Randy Neatherlin, Vice Chair ____________________________________ Kevin Shutty, Commissioner Road Vacation p.1 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts, Hearing Examiner RE: Road Vacation No. 414 Petition for a Road Vacation FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION SUMMARY Raenelle Restad and Jerry Barry have requested the vacation of half the Sixth Street right of way (30 feet of its 60-foot width) adjoining lots they own at 51 East Oakdale Street, located roughly three miles south of Allyn near Reach Island. It is recommended that the Commissioners approve the vacation, especially since it likely has already been vacated as a matter of law. The proposed vacation area has never been maintained or opened as a public roadway. Sixth Street was dedicated to the public on April 30, 1890 as part of Plat of Detroit No. 2. Since the road was created prior to 1904, it likely is already vacated by operation of law. RCW 36.87.090, as construed by the courts, provides for the automatic vacation of streets unopened for five years and platted prior to March 11, 1904. See Gillis v. King County, 42 Wn.2d 373 (1953). TESTIMONY Tina Schaefer, Mason County Public Works, summarized the petition request. In response to Examiner questions, she noted that the lot adjoining the petitioner’s property to the south was a mitigation site for a road project and is accessed by a dirt road off of Grapeview South. She confirmed that the vacation would not landlock any parcels. Raenelle Restad, petitioner, noted she and Mr. Barry just want to maintain the proposed vacation area as is and don’t have any development plans for that area. EXHIBITS The June 5, 2023 Staff Report along with attachments A-C listed on its page 2 were admitted into the record at the June 14, 2023 public hearing. Road Vacation p.2 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FINDINGS OF FACT Procedural: 1. Hearing. A virtual hearing on the petition for vacation was held on June 14, 2023 at 1:00 pm via Zoom. Substantive: 2. Site/Proposal Description. Raenelle Restad and Jerry Barry have requested the vacation of half the Sixth Street right of way (30 feet of its 60-foot width) adjoining lots they own located at 51 East Oakdale Street, located roughly three miles south of Allyn near Reach Island. The proposed vacation area has never been maintained or opened as a public roadway. Sixth Street was dedicated to the public on April 30, 1890 as part of the Plat of Detroit No. 2. The proposed vacation area is more precisely identified as follows: Vacate all that portion of the West half of Sixth Street adjacent to Lots 1, 2, and 3, Block 15, of the Plat of Detroit No. 2, recorded in Volume 1 of Plats, page 23, in the Northwest Quarter of Section 5, Township 21 North, Range 1 West, W.M in Mason County, Washington. 3.Utility of Vacation Area. As noted in the engineer’s report, Public Works staff have determined that the proposed vacation area is not necessary for future use in the County Road system. No lots will be landlocked as a result of the proposal and as noted in the summary above the vacation area likely has already been vacated as a matter of law under RCW 36.87.090. CONCLUSIONS OF LAW Procedural: 1.Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the authority to review road vacation applications and make a recommendation to the Mason County Board of County Commissioners. Substantive: 2.Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable review standards for vacation under Chapter 12.20 MCC, as well as those Road Vacation p. 3 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. MCC 12.20.010: County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the vacation. RCW 36.87.020: Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority may: (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall be charged; or (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. RCW 36.87.060: If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the requirements of the statutes and ordinances quoted above. Raenelle Restad and Jerry Barry signed the subject vacation petition. According to the staff report, they are the owners of the lots adjoining the vacation area. Since the petitioners are the only property owners with “frontage” on the vacation area, their signature likely1 qualifies as the majority of frontage property owners for purposes of RCW 36.87.020. 1 There is some ambiguity on the signature requirement because of court opinions that hold that right of way is usually an easement and abutting owners own to the centerline of the street. Holmquist v. King Cnty., 328 P.3d 1000, 1001-1002 (Wash. Ct. App. 2014). This means that the property owners across 6th Street from the petitioners own the property to the centerline of 6th Street and thus could be construed as fronting the vacation area on its east side, which would make the petitioners less than majority owners in violation of RCW 36.87.020. For this reason, it is prudent to have the property owners located across from a half-width vacation sign the petition along with the abutting owners when possible. Acquiring that signature also helps avoid liability under case law holding that property owners abutting right of way subject to vacation may have a claim for damages, even for partial vacations, as follows: We think it also clear, under the uniform weight of authority, that one who is an abutting property owner upon a street or alley, any portion or the whole of which is sought to be vacated, has a special right and a vested interest in the right to use the whole of the street for ingress and egress, light, view and air, and, if any damages are Road Vacation p. 4 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 As determined in Finding of Fact No. 3, the vacation area is not useful as a part of the county road system as required by RCW 36.87.060. The public will benefit from the vacation as it will increase the size and developable area of the petitioner’s property, thus adding to Assessor Rolls. The vacation will also reduce potential County liability and maintenance responsibilities of the vacation area. MCC 12.20.040: For the purpose of vacating county roads, all roads shall be classified as follows: (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full fair market value of the fee simple estate. (3)Class C. All roads that meet RCW 36.87.090 requirements. 4. Vacation Area Qualifies as Class A Road. As outlined in the summary and Finding of Fact No. 2, the right of way subject to the requested vacation has likely been vacated as a matter of law under RCW 36.87.090 and thus qualifies as a Class C road. MCC 12.20.050: Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County board of county co mmissioners as a condition precedent to the vacation to pay the county prior to the vacation. The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. 5. Required Administrative Fees Paid. The staff report identifies that the petitioners have paid the required $1000 administration fee. No compensation for the right of way is required as concluded in Conclusion of Law No. 6. MCC 12.20.060: The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that suffered by such an owner, compensation is recoverable therefor. It follows, therefore, that if appellants' light, air, view, or access is materially diminished, as alleged in the complaint, they are entitled to have the same passed upon by a jury regularly impaneled to determine the amount thereof. Fry v. O'Leary, 141 Wn. 465, 469-70 (1927)(emphasis added). Acquiring the signature of those abutting owners helps eliminate any claim they would have to damages. In this specific vacation request liability is not a concern since the proposed vacation area has already likely been vacated as a matter of law under RCW 36.87.090. However, for future vacation requests not involving RCW 36.87.090 the case law above is another very compelling reason to acquire petition signatures from the property owners abutting both sides of the right of way of a proposed vacation area. Road Vacation p. 5 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 persons benefitting from the vacation thereof compensate Mason County as set forth in the following schedule: (1) Class A Roads. Fifty percent of the appraised value. (2) Class B Roads. One hundred percent of the appraised value. (3) Class C Roads. No compensation other than for the administrative fee of the vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the county originally paid for the property. 6. Compensation Required. Since the vacation area qualifies as a Class C road, no compensation is required. MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars to cover all administrative costs regardless of the county's approval of vacation. Said administrative costs shall include the costs of the hearing examiner in holding the public hearing and reporting recommendations to the board of county commissioners. 7. Required Deposit Paid. The staff report identifies that petitioner has paid the required $1,000 deposit. RECOMMENDATION It is recommended that the Board of Commissioners approve the proposed vacation, subject to the condition that the vacated area be subject to existing easements for ingress and egress and access to existing public utilities for any purpose. DATED this 30th day of June, 2023 Phil A. Olbrechts Mason County Hearing Examiner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Lisa Frazier Ext. 484 Department: Treasurer Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 7, 2023 Agenda Date: August 15, 2023 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: Amend Resolution 2023-035 Establishing the Mason County FSA (Flexible Spending Account) clearing account. Background/Executive Summary: On June 6th, the board approved Resolution #2023-035 to create a bank account for the Mason County FSA (Flexible Spending Account). Navia Benefit Solutions debits this account for the employees that elected to make use of the FSA. The account is funded twice monthly on the 10th & 25th from payroll deductions, however, debits to the account take place through out the month causing the account to be in the negative and accruing overdraft fees. The County Treasurer recommends that the County fund a cushion to the account in the amount of $5,000 to all for a fund balance at all times that will keep the account from becoming negative and incurring fees. The $5,000 will come from Fund #001.00000.057.000, Human Resources will be responsible for maintain the balance as necessary, reconciling the account and providing reconciliations to the county treasurer. Requested Action: Approve funding the Mason County FSA (Flexible Spending Account) clearing account in the amount of $5,000.00. Attachments: Amended Resolution Mason County Agenda Request Form To: Board of Mason County Commissioners From: Peter Jones Ext. 598 Department: Public Defense Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 7, 2023 Agenda Date: August 15, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Risk (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: 2024-2025 OCLA Contract and Juvenile Deputy Reclassification Background/Executive Summary: The 2024-2025 Office of Civil Legal Aid (OCLA) contract would provide funding for child representation in dependencies. However, it would place additional training and administrative requirements on the Juvenile Deputy that the current job description does not require. Therefore, in order to accept the 2024 contract, the job description for Juvenile Deputy needs modified and reclassified. Budget Impact (amount, funding source, budget amendment): 2024 Budget – additional $152,784 in revenue. Reclassifying the Juvenile Deputy will cause an additional expense. Contract negotiations for 2024 are still ongoing, placing an exact figure on the expense is difficult. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the 2024-2025 Office of Civil Legal Aid (OCLA) contract and reclassification of the Juvenile Deputy reclassification. Attachments: Contract Job Description PSC 24090 Children’s Representation -- Bishopp PSC 24090 PROFESSIONAL SERVICES CONTRACT between STATE OF WASHINGTON OFFICE OF CIVIL LEGAL AID and MASON COUNTY PUBLIC DEFENDER’S OFFICE FOR CHILDREN’S REPRESENTATION (MASON COUNTY) PARTIES THIS CONTRACT is entered into by and between the Office of Civil Legal Aid (OCLA) and the Mason County Public Defender’s Office (Contractor) to compensate Contractor for representing children in dependency and termination cases for OCLA’s Children’s Representation Program (CRP). The Office of Civil Legal aid (OCLA) is an independent agency in the judicial branch of state government. Recognizing that “the provision of civil legal aid services to indigent persons is an important component of the state's responsibility to provide for the proper and effective administration of civil and criminal justice,” the Washington State Legislature established OCLA in 2005 to manage the investment in civil legal aid services to low-income people in Washington State. OCLA’s statutory authority and responsibilities are outlined in Ch. 2.53 RCW. Consistent with The Washington State Supreme Court’s June 4, 2020 Statement to the Legal Community, OCLA acknowledges that it and its contracted civil legal aid providers operate in a law and justice system historically grounded in racism, sexism, ableism, and other biases, and time and again has administered justice differentially depending on the identities of those involved and that time and again has administered justice differentially depending on the racial and other identities of those involved. OCLA was an initial subscriber and remains steadfastly committed to discharging its duties consistent with the Washington Race Equity and Justice Acknowledgments and Commitments. As outlined in its Race Equity and Justice Statement of Purpose, OCLA is committed to being an active partner in carrying out the Washington State judicial branch’s commitment to ensuring equity and justice for people and communities throughout Washington State. OCLA does this by ensuring Contractors are aligned, in policy and practice, to and do provide race equity-informed civil legal assistance and representation that, within the context of the particular program, addresses the needs of individuals and communities most affected by poverty, racialized, and other systemic injustices. This Contract is originated and will be administered and overseen in furtherance with these commitments. PSC 24090 Children’s Representation -- Bishopp PSC 24090 Contractor is a civil legal service provider who has been screened and engaged to provide standards-based, equity-informed representation for children and youth in dependency and termination cases in Mason County pursuant to RCW 13.34.212(3). CONTRACT 1) DEFINITIONS. As used throughout this contract, the following terms shall have the meaning set forth below: a) “OCLA” shall mean the Office of Civil Legal Aid, an independent judicial branch governmental agency within the state of Washington, and any officials lawfully representing OCLA. b) “Children’s Representation Program” (CRP) means the program administered by OCLA to provide for the standards-based, stated- or legal-interest representation of children and youth entitled to representation by a Contractor in dependency and termination cases upon court appointment under RCW 13.34.212(1) or RCW 13.34.212(3). c) “Children’s Representation Program Manager” or “Program Counsel” means the employee(s) assigned by OCLA to manage and oversee the Children’s Representation Program and client service contracts. d) “Contractor” shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract and shall include all employees and agents of CONTRACTOR. e) “Director” shall mean the Director of the Office of Civil Legal Aid or the Director’s designee. f) “Client” means a child for whom Contractor has been appointed by the court to provide legal representation in a dependency or termination case for which state law requires appointment of counsel pursuant to RCW 13.34.212(1) or RCW 13.34.212(3) and for the state to pay for said representation under RCW 2.53.045. g) “Case” means a court dependency proceeding in which a client is represented by an Contractor. Case also means any substantially associated court or administrative proceeding(s) in which Contractor’s participation is important to protect the Client’s interests in a dependency or termination case, including guardianships, reinstatement proceedings, authorized family law proceedings, educational resource, enrollment, or truancy proceeding(s), or proceedings to secure services. h) “Child” means an individual child. 2) PURPOSE. The purpose of this Contract is to engage Contractor to provide representation of children and youth clients upon appointment by the court and pursuant to RCW 13.34.212(1) or RCW 13.34.212(3), with such representation to be undertaken in an equity- and trauma-informed manner consistent with the standards set forth in the Representation of Children and Youth in Dependency Cases Practice, Caseload, and Training Standards and the Washington State Rules of Professional Conduct (RPCs). PSC 24090 Children’s Representation -- Bishopp PSC 24090 3) DESCRIPTION OF SERVICES TO BE PROVIDED BY CONTRACTOR. Contractor will provide effective representation of children for whom Contractor will be appointed. Specifically, Contractor agrees to: a) Represent the stated and legal interests of children consistent with the practice and training standards set forth in the Representation of Children and Youth in Dependency Cases Practice, Caseload, and Training Standards. b) Regularly enter data relating to all children for whom Contractor has been appointed into OCLA’s Case Activity, Reporting and Oversight System (CAROS). Designated Program Counsel will review time entries submitted by Contractor into CAROS on a monthly basis in accordance with the dictates of RCW 2.53.045. c) Complete OCLA CRP’s foundational training series within ninety (90) days of the effective date of this Contract. Contractor shall complete the full foundational training series unless a modified training schedule is authorized, in writing, by the Program Manager or their designee. Thereafter, Contractor will participate in annual OCLA- sponsored trainings to enhance Contractor’s ability to provide equity and trauma- informed, culturally sensitive, standards-based, stated- and/or legal-interest legal representation. In the alternative to attending OCLA-sponsored trainings, Contractor may participate in and report 8 hours of child welfare training of their choosing. At least two hours of the total eight hours annual training requirements must be as follows: one hour of training pertaining to issues of race equity and bias and one hour of training pertaining to issues concerning LGBTQIA+ youth. As OCLA will retain sole discretion to determine whether any non-OCLA sponsored training satisfies Contractor’s training obligation for the calendar year, Contractor is encouraged to consult with the designated Program Counsel prior to undertaking training outside of the OCLA curriculum. Program Counsel may provisionally approve of a training that falls outside the OCLA curriculum pursuant to the CRP training policy. Contractor shall provide OCLA with certification of CLE training upon request. d) In representing clients, Contractor shall not engage in conduct evincing racial bias or prejudice. Contractor should, in consultation with the client, endeavor to investigate and raise issues relating to racial inequities and systemic biases that are prejudicial to a client’s case or reflect broader systemic issues of racial bias. e) Within ten (10) calendar days after the end of each billing period of the term of this Contract, provide to the OCLA Children’s Representation Program Manager or designated CRP Program Counsel an invoice (Attachment A) detailing the information requested on the form for each client whom Contractor was appointed to represent during the prior calendar month. The billing form and required documentation must describe and document, to the CRP Manager’s or CRP Counsel’s satisfaction, the work performed, and any fees, if applicable. f) Meet with clients in person on a regular basis where geographically practical; and where not geographically practical to meet in-person, meet remotely via an electronic platform or in another manner that ensures meaningful and confidential contact and consultation with clients in the manner contemplated in the Representation of Children and Youth in Dependency Cases Practice, Caseload, and Training Standards. Contractor PSC 24090 Children’s Representation -- Bishopp PSC 24090 is required to visit child in placement on at least one occasion within 45 days following appointment. g) Contractor is to be in compliance with ethical obligations under the Washington State Rules of Professional Conduct (RPC’s) and is to notify the Children’s Representation Program Manager or Program Counsel of any disciplinary information or actions that are subject to public disclosure pursuant to ELC 3.1(b), or any judicial finding(s) made by a court of record that Contractor did not effectively represent a client, whether or not the client at issue was a child for whom Contractor was appointed pursuant to this Contract. h) Contractor agrees to meet periodically with the Children’s Representation Program Manager or designated Program Counsel and participate in a yearly review. Designated Program Counsel will conduct periodic court observations as part of this review process. Subject to disclosure limitations required by the RPCs and other applicable law including the Contractor-client privilege, Contractor will provide representative samples of their work as part of this review process. 4) DESCRIPTION OF SERVICES TO BE PROVIDED BY OCLA. OCLA will: a) Provide Contractor access to its web-based Case Activity, Reporting and Oversight System (CAROS), use of which is required under this Contract. b) Periodically sponsor, host, and otherwise make available trainings designed to enhance Contractor’s ability to provide effective, standards-based, stated- and/or legal-interest representation for children whom Contractor was appointed to represent. c) Make technical support and assistance available to Contractor through: i. Live consultation with Program Counsel ii. Maintenance of a children’s representation listserv iii. OCLA-published written practice guides and primers d) Timely review, process, and authorize payment of invoices. e) Subject to availability of funds and pursuant to the CRP’s expert services policy (hyperlink), provide funds for expert services. 5) PERIOD OF PERFORMANCE. This Contract shall be effective January 1, 2024 and run through June 30, 2025. This Contract may be extended by written agreement of the parties. 6) INVOICING AND PAYMENT. Contractor will bill OCLA for services under this Contract on a monthly basis. Consistent with Section 3(e), invoices shall be submitted within 10 days after the close of the billing period. Invoices submitted beyond 30 days after the close of the billing period may not be paid. Invoices must be submitted by the end of the fiscal year in which the work was performed. Invoices submitted after July 10 for any billing period in the preceding fiscal year will not be paid. Upon timely receipt, OCLA will review the invoice for completeness. Questions arising from the invoice will be submitted to Contractor within seven (7) working days following receipt PSC 24090 Children’s Representation -- Bishopp PSC 24090 of the invoice. Upon resolution of outstanding questions or requests and/or receipt of requested additional documentation, OCLA will employ best efforts to secure approval and release of payment within 14 working days following OCLA staff approval of the invoice. 7) LEVEL OF ENGAGEMENT, COMPENSATION RATE, AND BILLING. The parties understand and agree that caseload limits ensure that Contractor will dedicate sufficient professional time and attention needed to provide timely, professional, and effective representation of clients for whom Contractor has been appointed to represent. a) The parties agree that the caseload and professional responsibility contemplated under this Contract will not exceed eighty-five percent (85%) of the Contractor’s professional practice time and attention during the contract term. Contractor’s caseload under this Contract will be dedicated to clients eligible for appointment of counsel under RCW 13.34.212(3) for which Contractor is assigned in Mason County. The current caseload for a full-time Contractor in this case type is specified in the Representation of Children and Youth in Dependency Cases Practice, Caseload, and Training Standards. Pursuant to these Standards, a full-time caseload is 45 child clients and no more than 60 total cases at any one time. Contractor may be assigned to represent siblings unless there is a specific conflict of interest. b) Contractor is a county public defense agency. The full-time equivalent (FTE) compensation rate for a contractor of this nature is $168,480.00/yr for FY 24 (July 1, 2023-June 30, 2024) and $191,000.00/yr for FY 25 FY 25 (July 1, 2024-June 30, 2025). The total authorized expenditure under this contract shall be Two Hundred Thirty-three Thousand Nine Hundred Sixty-four and 00/100 Dollars ($233,964.00) and OCLA will pay Contractor the sum of Two Hundred Thirty-three Thousand Nine Hundred Sixty-four and 00/100 Dollars ($233,964.00) for services rendered in accordance with the terms of this Contract. Authorized expenditures are broken down by fiscal year as follows: FY 24 (January 1, 2024-June 30, 2024): $71,604.00 FY 25 (July 1, 2024-June 30, 2025): $162,360.00 Payment shall be on a pro-rated basis of Eleven Thousand Nine Hundred Thirty-four and 0/100 Dollars ($11,934.00) per month for FY 24 (January 1, 2024-June 30, 2024) and Thirteen Thousand Five Hundred Thirty and 0/100 Dollars ($13,530.00) for FY 25 (July 1, 2024-June 30, 2025). c) Approval and payment is expressly conditioned on Contractor’s timely submission of the monthly invoice form detailing the information requested on the form for each client for whom Contractor was responsible for providing legal services during the prior calendar month and Contractor’s compliance with the terms of this Contract. The billing form and required documentation must describe and document, to the CRP Manager’s or Program Counsel’s satisfaction, the work performed, and any fees, if applicable. d) OCLA will reimburse Contractor for travel 100 miles or greater round-trip to meet with clients, attend court hearings, or engage in other work necessary for the effective representation of Contractor’s client(s) per the travel reimbursement policy. OCLA will also reimburse for expert services and extraordinary compensation consistent with OCLA policies. PSC 24090 Children’s Representation -- Bishopp PSC 24090 8) VARIATION IN CASELOAD. The parties recognize that this Contract contemplates caseload limits involving a maximum number of clients and cases open at any given time during the Contract term. Further, the parties recognize that the exact number of clients and cases is inherently variable and uncertain, but that some appropriate upper and lower guidelines are required. Therefore, the following special terms regarding variation in caseload apply. a) The target caseload for this Contract is thirty-eight (38) clients at any one time plus a proportional number of additional cases related to the underlying dependency not to exceed fifty-one (51) total cases,1 subject to variations as described in (b) and (c) below except that Contractor is not to accept any new case assignments pursuant to Sec. 7(a), above. b) For caseloads less than a full-time contract, the number of clients may vary upward or downward from the contracted amount by ten percent (10%) without any reduction of compensation due Contractor under this Contract. For full FTE caseloads, the number of clients may vary downward from the contracted amount by ten percent (10%) without any reduction of compensation due Contractor under this Contract but may not exceed the 45 client/60 total cases level. Contractor shall promptly notify the CRP Program Manager or Program Counsel in the event that client or caseload numbers are expected to exceed this level. c) The range of caseload variation, rounded to a whole number, is calculated to be between thirty-four (34) clients at minimum and thirty-eight (38) clients at maximum at any one time and a number of additional related cases for those dependency clients, provided that the total number of cases being handled by Contractor does not exceed fifty-one (51) cases. d) In the event that Contractor’s caseload falls outside the agreed variance range as calculated in subsection (c) above, either party may request a modification of this Contract under Paragraph 10 below. However, if no request is made within thirty (30) days of such event, then no additions or deductions to compensation will be made. 9) OCLA CHILDREN’S REPRESENTATION PROGRAM MANAGER. The OCLA Children’s Representation Program Manager noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract: Bailey Zydek, CRP Manager bailey.zydek@ocla.wa.gov 360-338-5619 10) ACCESS TO DATA. In compliance with chapter 39.29 RCW, CONTRACTOR shall provide 1 For example, a Contractor with 45 clients will, at minimum, have 45 cases due to the underlying dependency cause number associated with each client. If termination petitions are filed on 10 of those 45 clients, the Contractor’s caseload would then be counted as 45 clients, 55 cases i.e. 45 dependency cases plus 10 termination cases. PSC 24090 Children’s Representation -- Bishopp PSC 24090 access to data generated under this contract to OCLA, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of CONTRACTOR’s reports. 11) ADVANCE PAYMENTS PROHIBITED. No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by OCLA. 12) AMENDMENTS. This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 13) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 (PUBLIC LAW 101-336), ADA AMENDMENTS ACT OF 2008 (PUBLIC LAW 110-325), AND 28 CFR Part 35 CONTRACTOR must comply with the aforementioned statutes and regulations, which provide comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 14) ASSIGNMENT. Recognizing that Contractor is a county public defense agency with multiple attorneys on staff, attorney Kristen Bishopp, WSBA #33540, has been determined to be professionally qualified to provide the legal representation contemplated under this Contract. The work to be provided under this Contract is not assignable or delegable by Contractor in whole or in part to any other attorney, without the express prior written consent of the Children’s Representation Program Manager or their designee, which consent shall not be unreasonably withheld. 15) ATTORNEYS’ FEES. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorneys’ fees and costs. 16) COMPLIANCE WITH NONDISCRIMINATION LAWS. During the performance of this contract, Contractor shall comply with all federal and state nondiscrimination laws, regulations, and policies. In the event of Contractor’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and Contractor may be declared ineligible for further contracts with OCLA. Contractor shall, however, be given a reasonable time in which to cure this noncompliance. 17) CONFIDENTIALITY / SAFEGUARDING OF INFORMATION. Contractor shall not use or disclose any information concerning OCLA, or information which may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of OCLA, or as may be required by law. PSC 24090 Children’s Representation -- Bishopp PSC 24090 18) CONFLICT OF INTEREST. OCLA may, in its sole discretion, by written notice to CONTRACTOR, terminate this Contract if it is found after due notice and examination by the Director that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any similar statute, involving the procurement of or provision of services under this contract. In the event this contract is terminated as provided above, OCLA shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of a breach of the contract by Contractor. The rights and remedies of OCLA provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. 19) COPYRIGHT PROVISIONS. Unless otherwise provided, and subject to all vested superior intellectual property rights held by third parties, all materials produced under this Contract shall be owned by Contractor and used exclusively for the purposes for which they have been developed. Materials means all items in any format and includes, but is not limited to, curricula, reports, self-help materials, training materials, documents, pamphlets, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. While ownership includes the right to copyright, patent, and register claim of title to these Materials, Contractor may not use materials produced with funds made available through this Contract to generate revenue for use in business activities unrelated to the core purposes for which they were produced. OCLA hereby disclaims any interest in rights, royalties, license fees, etc. associated with Materials developed under the terms of this Contract, provided that, any revenue derived from the use of such Materials is reinvested in activities related to and supportive of the work underwritten by this Contract, authorized by the terms and conditions of this Contract, and authorized under section 501(c)(3) of the Internal Revenue Code. Contractor shall separately account for income generated as a result the sale of materials developed with funds made available from this Contract and shall account for expenditures associated with such income. 20) GOVERNING LAW. This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 21) INDEMNIFICATION. To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the State of Washington, OCLA, and all officials, agents and employees of the State, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. Contractor’s obligation to indemnify, defend and hold harmless includes any claim by Contractor’s agents, employees, representatives, or any sub-contractor or its employees. Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor’s performance or failure to perform the contract. Contractor shall be required to indemnify, defend and hold harmless the State only to the extent the claim is caused in whole or in part by negligent acts or omissions of Contractor or its employees, officers, and agents. PSC 24090 Children’s Representation -- Bishopp PSC 24090 Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees. In the event of harm or damages experienced by Contractor during the performance of duties under this Contract as a result of (a) OCLA’s violation of any applicable law or regulation arising from Contractor’s lawful provision of the services contemplated by this Contract to OCLA; (b) OCLA’s disclosure of confidential information, records, files or other data not subject to public disclosure under GR 31.1; or (c) OCLA’s, OCLA’s representatives’, or other third parties’ breach of any of its obligations, representations, and/or warranties under this Contract, OCLA shall only be responsible for that proportion of damages caused by negligent or wrongful actions or inactions of itself and its employees, officers, and agents. 22) INDEPENDENT CAPACITY OF CONTRACTOR. The parties intend that an independent Contractor relationship will be created by this contract. Contactor is not an employee or agent of OCLA. Contractor will not hold themselves out as or claim to be an officer or employee of OCLA or of the State of Washington by reason hereof, nor will Contractor make any claim of right, privilege, or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with Contractor. 23) INDUSTRIAL INSURANCE COVERAGE. Contractor is responsible for ensuring compliance with all industrial insurance coverage and workers’ compensation requirements in Title 51 RCW, related regulations, and case law. 24) LICENSING, ACCREDITATION AND REGISTRATION. Contractor shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this contract. 25) LOSS OF OR INSUFFICIENT APPROPRIATIONS. The parties expressly understand and agree that this Contract is contingent upon sufficient legislative appropriations. Should OCLA determine that legislative appropriations may be insufficient to support, or continue to support, the activities for which OCLA has engaged Contractor, OCLA shall so advise Contractor at the earliest possible opportunity. In such circumstances, OCLA shall advise Contractor of actions OCLA has taken or will take to ensure full funding of this Contract through its term. OCLA shall keep Contractor reasonably apprised of such efforts and resolution of the same. In the event efforts to obtain sufficient funding are unsuccessful, OCLA reserves the right to terminate this Contract upon expiration of appropriated funding. 26) OVERPAYMENTS. It is expressly understood and agreed that all invoices submitted for services accurately reflect the payment amounts for which Contractor is entitled to compensation under the terms of this Contract. Should OCLA determine that there was an error or omission that resulted in overpayment(s) to Contractor, it is agreed that OCLA shall have an unencumbered right to recovery of the same. Before OCLA seeks recovery of a claimed overpayment, the parties agree that: PSC 24090 Children’s Representation -- Bishopp PSC 24090 1. OCLA will notify Contractor or its successor in interest in writing of its assessment that Contractor has been overpaid; the reasons for such assessment; and the amounts that OCLA believes are at issue. The notification will provide Contractor fifteen (15) working days to respond to the Notice. Such response must include documentation demonstrating that Contractor’s invoice(s) accurately reflected the status of eligible case(s) during the billing period(s) in question. 2. OCLA shall have fifteen (15) working days to review Contractor’s response and determine whether an alleged overpayment remains at issue. 3. If OCLA determines that an overpayment remains at issue, it shall issue a Notice of Overpayment. The Notice of Overpayment shall state the basis of the claim of overpayment; the period(s) during which the overpayment occurred; the cause and/or CAROS numbers of the cases in which OCLA believes overpayments were made, if applicable; and the amount alleged to have been overpaid. 4. Should it be determined or agreed that an overpayment has occurred, OCLA will negotiate a repayment schedule with Contractor that will fully reimburse the State of Washington for payments improperly made. Recognizing that OCLA may not lend state funds to private individuals or entities, no repayment plan shall exceed eighteen (18) months. Nothing in this section precludes OCLA from seeking legal recourse to recover public funds wrongfully paid to Contractor. 27) RECORDS MAINTENANCE. Contractor shall maintain complete financial records relating to this contract and the services rendered, including all books, records, documents, magnetic media, receipts, invoices, and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review, or audit by OCLA, the Office of the State Auditor, the Joint Legislative and Audit Review Committee, and other federal or state officials so authorized by law, rule, regulation, or agreement. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 28) RIGHT OF INSPECTION. Contractor shall provide right of access to its facilities to OCLA or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. PSC 24090 Children’s Representation -- Bishopp PSC 24090 29) SEVERABILITY. The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 30) SUBCONTRACTING. Contractor shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of OCLA. 31) TAXES. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for Contractor, if any, shall be the sole responsibility of Contractor. 32) TERMINATION. Either party may terminate this Contract without cause upon thirty (30) days written notice to the other party. If this Contract is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. In the event of termination, Contractor shall protect the legal rights of Contractor’s clients and actively assist with the effective transfer of cases to a succeeding OCLA-approved contractor, consistent with the requirements of the Washington Rules of Professional Conduct (RPCs) and this Contract. In the event of termination, OCLA and the State of Washington shall be relieved of the obligation to pay Contractor for representation of children in qualifying dependency cases following transfer of such cases to a successor Contractor. 33) TERMINATION PROCEDURES. Upon termination, OCLA shall pay Contractor for all eligible services and activities through and including the effective date of termination less any costs incurred by OCLA associated with action resulting in the termination of said Contract. OCLA may withhold from any amounts due Contractor such sums as OCLA determines to be necessary to protect OCLA against potential loss or liability. The rights and remedies of OCLA provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. After receipt of a notice of termination, Contractor shall: Stop accepting new case assignments under this Contract on the date, and to the extent specified, in the notice; Work with OCLA to develop a plan for the timely transfer of client service relationships and responsibilities to qualified third parties in a manner that is consistent with Contractor’s professional responsibilities to its clients. Absent extraordinary circumstances, the plan should result in the transfer of client service relationships within a period of 30 days following Contractor’s receipt of the notice of termination. Within 10 working days, notify all clients currently represented of the termination of the contract and outline actions that will be taken to protect their rights and interests pending transfer of their cases to OCLA-approved third party Contractors. PSC 24090 Children’s Representation -- Bishopp PSC 24090 Complete performance of such part of the work as shall not have been terminated by OCLA; and Take such action as may be necessary, or as OCLA may direct, for the protection and preservation of the property related to this Contract which is in the possession of Contractor and for which OCLA has the right to direct the disposition under the terms of this Contract. 34) WAIVER. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing and signed by OCLA. 35) ENTIRE AGREEMENT. This Contract contain all the terms and conditions agreed upon by the parties. No other understandings, oral otherwise, regarding the subject matter of this Contract shall be considered to exist or to bind any of the parties to this Contract unless otherwise stated in this Contract. All rights and obligations of the parties to this Contract are subject to and governed by the specific terms, conditions and commitments contained in the text of this Contract. In the event of an inconsistency in this Contract, unless otherwise provided herein, the inconsistency will be resolved by giving precedence in the following order: A. The specific terms, conditions and commitments in this basic instrument B. Attachment A (A-19 Invoice Form) IN WITNESS WHEREOF, the parties have executed this Contract: STATE OF WASHINGTON CONTRACTOR OFFICE OF CIVIL LEGAL AID _________________________________________ ____________________________________ Bailey Zydek, CRP Program Manager Mason County Public Defender Peter Jones, Chief Public Defender EIN Tax ID No.: Date:___________________ Date:___________________ Est. Unknown/Rev 1-11.22.2013/Rev 2-10.28.2020(formatting)/Rev 3-11.xx.2020 POSITION DESCRIPTION DEFINITION: A Deputy Public Defender III practices in Superior Court, Juvenile Court, or District Court, and plans, organizes, and coordinates the representation and defense of indigent clients in criminal cases for the County. Prepares and tries felony cases and defends or assists in the defense of complex or highly visible cases. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) Focus Area – Juvenile Dependency (essential functions assigned with a focus in Juvenile Dependency which may include, but not limited to, any combination of the following): ➢ Manages a full Superior Court caseload, largely centered around juveniles appearing on the offender calendar, the dependency calendar, and the BECCA calendar. May also be called upon to handle additional cases for other attorneys on an intermittent basis. ➢ Prepares cases for trial, pre-trial, and post-trial hearings and/or plea bargains with the Deputy Prosecuting Attorney. ➢ Assists other attorneys in matters of trial strategy, tactics, and legal research and analysis. ➢ Handles miscellaneous court hearings, including, but not limited to: preliminary appearance calendars, arraignment calendars, non-compliance calendars, ability to substitute in Therapeutic Court hearings, Juvenile Court, and District Court when necessary. ➢ Maintains membership in good standing in the Washington State Bar Association and complies with all relevant standards for representing indigent defendants in accordance with the Washington State Supreme Court and Mason County. ➢ Reviews police reports, interviews witnesses, and works with the court, deputy prosecutors, and assistant attorneys general to resolve cases as appropria te. ➢ Performs a variety of legal office work, prepares appropriate legal pleadings, and does necessary research. Title: Deputy Public Defender III Department: Office of Public Defense Affiliation: IWA Reports to: Chief Public Defender Exempt: Non -Exempt: X Supervises/Directs: Deputy Public Defenders I and II as directed by Chief Job Class: 1163 Risk Class: 5306-07 Salary Range: According to current CBA Union Approval Date: Department Head Approval Date: Est. Unknown/Rev 1-11.22.2013/Rev 2-10.28.2020(formatting)/Rev 3-11.xx.2020 ➢ Maintains accurate and complete statistical information to be used for future needs and projections. ➢ Appropriately utilizes non-attorney professional services. ➢ Regularly enter data relating to all children for whom Contractor has been appointed into Office of Civil Legal Aid (OCLA)’s Case Activity, Reporting and Oversight System (CAROS). ➢ Participate in annual OCLA-sponsored trainings to enhance Contractor’s ability to provide equity and traumainformed, culturally sensitive, standards-based, stated- and/or legal- interest legal representation OR IF APPROVED BY OCLA participate in and report 8 hours of child welfare training of their choosing. At least two hours of the total eight hours annual training requirements must be as follows: one hour of training pertaining to issues of race equity and bias and one hour of training pertaining to issue s concerning LGBTQIA+ youth. ➢ Meet periodically with the Children’s Representation Program Manager or designated Program Counsel and participate in a yearly review. ➢ Prepare OCLA billing forms in conjunction with office staff ➢ Complete OCLA CRP’s foundational training series ➢ Provides back-up defense for Superior, and District Courts and is knowledgeable of the rules and procedures of the courts. ➢ Performs other duties as assigned by the Chief Public Defender. Focus Area – Superior Court (essential functions assigned with a focus in Superior Court which may include, but no limited to, any combination of the following): ➢ Manages a full felony caseload (A, B, C felonies). ➢ Prepares cases for trial, pre-trial, and post-trial hearings and/or plea bargains with the Deputy Prosecuting Attorney. ➢ Assigned homicide cases, persistent offender (e.g. two and three strike) cases, and other serious cases. ➢ Assists other attorneys in matters of trial strategy, tactics, and legal research an d analysis. ➢ Handles miscellaneous court hearings, including, but not limited to: preliminary appearance calendars, arraignment calendars, non -compliance calendars, ability to substitute in Drug Court hearings, Juvenile Court, and District Court when nece ssary. ➢ Maintains membership in good standing in the Washington State Bar Association and complies with all relevant standards for representing indigent defendants in accordance with the Washington State Supreme Court and Mason County. OTHER JOB FUNCTIONS: ➢ Reviews police reports, interviews witnesses, and works with the court and deputy prosecutors to resolve cases as appropriate. ➢ Performs a variety of legal office work, prepares appropriate legal pleadings, and does necessary research. ➢ Maintains accurate and complete statistical information to be used for future needs and projections. ➢ Appropriately utilizes non-attorney professional services. ➢ Assists other Deputy Public Defenders in matters of tactics, trial strategy, and legal research. Est. Unknown/Rev 1-11.22.2013/Rev 2-10.28.2020(formatting)/Rev 3-11.xx.2020 ➢ Provides back-up public defense for District and Juvenile Courts and is knowledgeable of District and Juvenile Court rules and procedures. ➢ Performs other duties as assigned by Chief Public Defender. DISTINGUISHING FEATURES: The Defense Attorney III is distinguished from the lower level Deputy Public Defender classifications by years of experience and the ability to handle a full felony caseload. Assists other attorneys in matters of trial strategy, tactics, and legal research and analysis. Regularly e xercises discretion and independent judgment in decision -making. WORKING CONDITIONS: Work is performed primarily in an office or courtroom environment. Lifting and carrying files, materials, and boxes weighing up to 10 lbs is required. Incumbents may b e required to work long hours, non- standard work weeks, weekends, and holidays. QUALIFICATIONS: ➢ Graduation from an ABA accredited school of law and must be a member in good standing of the Washington State Bar Association. ➢ Knowledge of criminal law and judicial procedure of Washington State, techniques of interviewing, and preparation and defense of all variety of criminal cases, with emphasis on felonies. ➢ Ability to perform legal research; analyze and apply legal principles, facts, evidence, and precedents to legal problems. ➢ Present law, facts, evidence, and arguments clearly and logically in written and oral form. ➢ Work harmoniously and maintain good public relations. ➢ Certification under the Washington State Indigent Defense Standards to handle “B” and “C” felonies and a willingness to train to handle class “A” felonies as quickly as possible. Preference shall be given to attorneys already able to handle class “A” felonies. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination – Annually Blood Borne Pathogens – Annually Smart Risk Management – Once Slip, Trip and Fall – Annually Safe Lifting Practices – Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER:____Yes __X___No Additional job specific trainings may be issued at a later date. Union Representative Signature of Approval: Est. Unknown/Rev 1-11.22.2013/Rev 2-10.28.2020(formatting)/Rev 3-11.xx.2020 ____________________________________________ Date:_______________ Department Head Signature of Approval: _____________________________________________ Date:_______________ I have read and understand the above position description: Name:________________________________________ Date:________________ Signature:_____________________________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Peter Jones Ext. 598 Department: Public Defense Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 7, 2023 Agenda Date: August 15, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Risk (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: $40/Hour Rule 9 Intern/Extern Rate for Remote District Court Cases (Probation Violations) Background/Executive Summary: Finding attorneys has been difficult. However, in conjunction with the Prosecutor’s Office and with permission of the Court, Public Defense is working on making the probation violation docket to be entirely remote. This would allow me to utilize paid Rule 9 externs from Seattle University instead of attorneys, which are likely easier to find. As the court is remote, the externs would not have to travel to Mason County, which has previously been the bar to utilizing interns. Budget Impact (amount, funding source, budget amendment): Likely a reduction in expenditures as the current rate of pay is $75/hour for attorneys currently, however it is anticipated the Rule 9’s will use more hours. For safety, the impact may be negligible as a result, though after some data collection a reduction in expenditure levels may be appropriate. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the rate of $40 an hour for Rule 9 interns handling cases in District Court. Attachments: Mason County Agenda Request Form To: Board of Mason County Commissioners From: David Windom Ext. 260 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 7, 2023 Agenda Date: August 15, 2023 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Risk (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: Mason Matters Contract Background/Executive Summary: The Mason Matters contract has expired. This contract updates terms and signatures. Mason Matters provides community support through health forums, grants, and leadership to improve the health of the community by partnering with multiple community partners and funding sources. Budget Impact (amount, funding source, budget amendment): $25,000 Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Mason Matters contract for a total of $25,000 per year from July 1, 2023 through June 30, 2024. Attachments: Contract 1 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT ID 2023 MM This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Mason Matters, hereinafter referred to as "CONTRACTOR.” Contracted Entity Mason Matters Address PO Box 1150 City, State, Zip Code Shelton, WA 98584 Phone 360-227-2107 Primary Contact: Name, Title Lydia Buchheit, Mason Matters Board Secretary/Treasurer Primary Contact: E-mail masonmatters1@gmail.com Washington State UBI# 601-999-453 Federal EIN 91-2078385 DUNS Number 146380899 Total Award/Contract Value $25,000 Funding Source State Public Health Assistance Fund Federal None Contract Term Duration July 1, 2023 – June 30, 2024 County Contract Contact: Dave Windom, Director of Public Health and Human Services County Contact Email: dwindom@masoncountywa.gov County Contact Phone: 360-427-9670 ext. 260 Exhibits incorporated into this Personal Service Contract by reference Exhibit A: Scope of Work B: Compensation C: Insurance Requirements General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. Compensation: CONTRACT total values are not to exceed $25,000 per year. 2 Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," 3 by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY’s customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. 4 Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY’s interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY’s interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY’s policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. 5 Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor’s Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR’s strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt 6 of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR’s or its subcontractors’ use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR’s compensation, and have been mutually negotiated by the parties. Participation by County – No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR’s indemnity obligations under this CONTRACT. Survival of CONTRACTOR’s Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR’s indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. 7 Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR’s indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY’s representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY’s right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Dave Windom, Director Mason County Community Services 415 N. 6th Street Phone: 360-427-9670 Ext. 260 Fax: 360-427-7787 E-mail: dwindom@masoncountywa.gov Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@masoncountywa.gov Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY’s Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain 8 performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation 9 requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be 10 a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions E. General Condition F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. MASON MATTERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ ____________________________________ Mason Matters Board Member Sharon Trask, Commissioner Chair Dated: _____________________________ Dated: _____________________________ APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief DPA 11 EXHIBIT A SCOPE OF SERVICES I. Monitoring the health status of the community through: A. Reviewing Community Health Assessments B. Collaborating on health priorities and Community Health Improvement Plan (CHIP) C. Reviewing Community Health Coalition and community agency project proposals and progress that target CHIP priorities D. Fund community proposals and projects that meet CHIP criteria 12 EXHIBIT B COMPENSATION & REPORTING A. Compensation: CONTRACTOR will be paid the contract amount in January each year. B. Requests for Payment: 1. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. 2. Submit via e-mail or hard copy as preferred to: Casey Bingham, Finance Manager caseyb@masoncountywa.gov 3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice. 4. A semi-annual report will be due on the 15th of June and January annually reporting on fund expenditures and community health improvement project progress. Reports will be sent electronically to: David Windom, Community Services Director dwindom@masoncountywa.gov 13 EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter “indemnifying parties”) to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY’s protection without COUNTY’s prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR’s general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR 14 agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR’s existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior 15 to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days’ notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR’s compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 7, 2023 Agenda Date: August 15, 2023 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: Mason County Park Host Program Background/Executive Summary: Chapter 67.20.010 RCW, provides the authority for Counties to own and operate recreational facilities for public use, and to set forth the regulations, policies, and practices governing such use, and Mason County Parks and Trails Department owns and operates County Parks for the enjoyment and use of its residents and visitors. Mason County Parks receive a great deal of use each year from the public and in many instances park visitors have requested additional maintenance, customer service, security, and staffing. The use of park hosts at selected County Parks provides for additional customer service, maintenance, site security, and site safety. Additionally, volunteerism, and the Park Host Program has been reviewed by Risk Management and Human Resources and minor updates have been made to the Program Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution adopting the revised “Park Host Program” as set forth in Exhibit A which will be administered by the Parks and Trails Department. Attachments: Mason County Park Host Policy Mason County Park Host Resolution for 2023 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Park Host Program Resolution 2023.doc RESOLUTION NO. _______ A RESOLUTION AMENDING RESOLUTION 95-08 - PARK HOST PROGRAM WHEREAS, Chapter 67.20.010 RCW, provides the authority for Counties to own and operate recreational facilities for public use, and to set forth the regulations, policies, and practices governing such use, and WHEREAS, Mason County Parks and Trails Department owns and operates County Parks for the enjoyment and use of its residents and visitors, and WHEREAS, County Parks receive a great deal of use each year from the public and in many instances park visitors have requested additional maintenance, customer service, security, and staffing, and WHEREAS, the use of park hosts at selected County Parks provide for additional customer service, maintenance, site security, site safety, and volunteerism, and WHEREAS, the Park Host Program has been reviewed by Risk Management and Human Resources and minor updates have been made to the Program; NOW, THEREFORE BE IT RESOLVED that the Board of Mason County Commissioners does hereby adopt the revised “Park Host Program” as set forth in Exhibit A. This Program will be administered by the Parks and Trails Department. Signed this day of August 2023. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief Civil Deputy Prosecuting Attorney C: Parks & Trails Department BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ Sharon Trask, Chair ____________________________________ Kevin Shutty, Commissioner ____________________________________ Randy Neatherlin, Commissioner Exhibit A C:\Users\MSmith\Downloads\Park Host Policy final 2022.docx Page 1 MASON COUNTY PARKS AND TRAILS DEPARTMENT PARK HOST PROGRAM DUTIES AND INFORMATION Welcome to Mason County Parks! We hope you enjoy your volunteer experience with the Mason County Parks and Trails Department. Mason County Park’s volunteer program supports a growing number of citizens who dedicate their time to support regular staff in all aspects of Parks operations. This volunteer program provides the training and opportunity for community members to become involved in the care of Mason County’s Parks. The efforts of dedicated volunteers, including individuals, families, businesses and corporations contribute to helping Mason County Parks provide quality park facilities and programs that serve our community. The volunteer program offers assistance in maintaining and operating our park facilities. Volunteer Park Hosts assist park staff with routine visitor services such as greeting guests, answering questions, clean-up, general maintenance, and dispensing information in exchange for free use of area for self-contained recreational vehicle. Expectations • Maintain clean, orderly RV site. • Check with the Mason County Parks staff before adding any additional structures or storage containers at your site. Any plants must be grown in portable containers. • Do not perform vehicle maintenance at your site. • County equipment cannot be used for personal use. • Only camping and recreational equipment may be in public view; all other equipment must be stored out of sight. • It is not appropriate to consume alcohol while on County Park property. Confine any alcohol consumption to inside your RV. • Successfully pass a criminal history check. • No smoking. • Must have cell phone or means to contact County staff and emergency response • Avoid offensive language or conduct. • Avoid displaying signs, decals, bumper stickers, posters that express political or religious viewpoints. • Conducting business such as selling items/products/services for pay in the park is prohibited unless allowed by separate contract with Mason County. • All dogs must have current rabies certificates. Scoop and leash laws apply at all times. Pets must never be left unattended. • Do not accept responsibility for supervising park visitor’s children. Duties County budgets and the time of the year determine park staffing and current operations, but also what duties the Parks staff will be requesting you to perform. A host during one month may be asked to pick up litter and weed areas, plus greet visitors, while another host may be asked to provide surveillance, check restrooms and close gates in the evenings. Some of the duties may include: • Greeting and assisting visitors, informing them of Park rules, answering questions and receiving comments about the park and surrounding area. Exhibit A C:\Users\MSmith\Downloads\Park Host Policy final 2022.docx Page 2 • Distributing maps, brochures, and facility information to individuals and groups. • Replenishing restroom and facility supplies when Park staff is not present or unable to do so. Hosts may be requested to help make sure restroom facilities have adequate toilet paper and floors are picked up or swept, or light bulbs are functioning and replaced when needed. • Promoting care of the Park by keeping a clean site and performing minor maintenance tasks such as picking up litter or light duties as outlined by Park staff. Clean facilities and grounds actually help prevent the spread of litter, in addition to providing a welcome sight to visitors. • Being a visible representative of the Park with a sufficient and comfortable knowledge of Park rules and surrounding area activities so you can explain rules plus provide information to visitors. • Opening and closing the park gate. • Being observant for activities within the Park requiring immediate attention. Contacting Parks staff and/or law enforcement when emergencies occur. Remember: You are responsible for minor enforcement of park rules such as alcohol use, rowdy behavior, loud music, etc. You are not responsible for dealing with major items that would be dealt with by law enforcement. • Picking up litter in and around the park • Performing grounds maintenance • Inspecting park grounds • Inspecting, cleaning, and stocking restroom • Raking leaves in the fall • Monitoring special events • Opening and closing entry gate • Clipping brush out of the way • Reporting any damaged tables, trees, or posts to staff • Turning on and off water system for park • Checking and moving sprinklers • Moving or cleaning up around garbage cans • Sweeping cobwebs off buildings • Straightening site posts • Keeping bulletin board information up-to-date • Hosing down buildings and signs • Pruning shrubs and trees, if qualified • Trimming or weeding grass • Minor repairs to picnic tables, buildings • Help with monitoring groups camping at the park who have been issued a Special Use Camping Permit. Appearance/Identification As a Volunteer Host, you will be asked to wear a County Parks and Trails Department identification badge that will identify you as a Volunteer Host to park visitors. Please wear your I.D. badge only while you are on duty. Personal appearance and the appearance of your RV site are a reflection upon the County. Application, Agreement, and Timesheet Park Host applications are available at the Parks Department office and on the County’s website – https://www.masoncountywa.gov/. Exhibit A C:\Users\MSmith\Downloads\Park Host Policy final 2022.docx Page 3 After your application is received, a member of the park staff will contact you if host openings are available. You will receive an explanation of specific duties and responsibilities and may be interviewed. If you are selected, County Park staff will work with you to make arrangements regarding required duties, dates and training. Once you arrive for your assignment, you will receive further training and orientation. Park staff accepts new applications year-round and most begin making contacts for the next season's hosts in November/December, but some will wait until late winter or even early spring before making contact. You are always welcome to make contact with the Parks Department to inquire about park host status. Before you begin your volunteer service, you will be asked to fill out and sign a number of forms including the Park Host Contract. Each of the forms has a specific purpose; such as to ensure that you understand your job duties, that you are properly trained, and that you understand the policies, rules and regulations under which you volunteer. County Park’s staff will explain the purpose of each of the forms if you have any questions. You will be required to obtain the on-boarding training required by Mason County including, but not limited to, Sexual Harassment, Safe Lifting, Slip, Trip and Fall. This training is available electronically and can be obtained off-site or at the Human Resources Office. Timesheets must be completed and submitted to your supervisor at the end of your service or at the end of each month in which you volunteer to ensure that you are covered for medical industrial insurance and liability protection during the time you are volunteering. Sexual Harassment It is the policy of the Mason County Parks that employees, visitors, and volunteers shall be provided an environment that is fair and provides equitable treatment, including freedom from sexual harassment and other inappropriate conduct of a sexual nature. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: ● Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or ● Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or ● The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Examples of inappropriate behavior of a sexual nature can be (but are not limited to): ● Written, graphic, or verbal communication, including demeaning or offensive comments, epithets, jokes, slurs, or negative stereotyping based on gender; ● Unwelcome requests for sexual favors or social contact; ● Non-verbal behavior which may include gestures, leering, pictures, or cartoons; or, Exhibit A C:\Users\MSmith\Downloads\Park Host Policy final 2022.docx Page 4 ● Physical behavior such as unwelcome touching, standing too close, cornering, leaning over or brushing against a person’s body. If you feel like you are being subject to this behavior, please notify the Operations Supervisor immediately Criminal Background Checks As a volunteer, you will be acting as an agent of the Mason County Parks. Volunteer positions often have access to money or unsupervised access to children under sixteen years of age, developmentally disabled persons or vulnerable adults, you will be required to undergo and pass a conviction or criminal background record check. The expense of such check will be borne by Mason County Parks. Interacting with Visitors The following tips will help you become an effective Volunteer Host when greeting and assisting park visitors: DO ☺ Be a good listener. ☺ Be polite and friendly, with a desire to be helpful. ☺ Be positive about the park, staff, and rules. ☺ Be a good neighbor. Set a good example by obeying the park rules yourself. ☺ Be familiar with park rules and regulations so you can explain them when asked or when you see a violation. Hand out an appropriate rules and regulations if available. If the violation continues, report it to County Park staff. ☺ Give out accurate information. If you can’t answer a question, check with park staff. ☺ Refer park visitors with complaints to County Park staff if you cannot address the complaint yourself. ☺ Wave as you walk by and SMILE! DON'T • Don’t argue, scold or "chew out" the visitor. • Don’t be harsh, sharp, abrupt, hurried, or impatient. • Don’t act like a know-it-all or be self-righteous. • Don’t be a busybody. Respect park visitors privacy and their right to "get away" from it all. Providing Information The more you know, the more confident you will feel as you perform your host duties and the more helpful you can be to park visitors. Please don’t think we expect you to know the answer to every question you will be asked. (Even the Parks staff gets asked questions they can’t answer!) Never be embarrassed to admit to a visitor that you don’t know the answer to a question. Tell them you will try to find the answer and get back to them. If the answer is not in your host packet, check with the County Parks staff. If visitors would like additional information beyond what you can provide, you may refer them to the Mason County Parks Office (360) 427-9670, ext. 535 or to the County’s website – www.masoncountywa.gov. Parks staff can provide current information about picnic shelter availability, special permits, and other related information. Exhibit A C:\Users\MSmith\Downloads\Park Host Policy final 2022.docx Page 5 Tips for Hosts Read the Mason County Personnel Policies and Procedures – available on the Human Resources website - https://masoncountywa.gov/human-resources/policy.php If possible, arrive a day before the previous hosts leave so you have an opportunity to ask them questions and discuss any special considerations. During the orientation session with park staff, don't hesitate to ask questions, clarify responsibilities, or bring up concerns. Remember: safety first, always. Know your physical limitations and discuss any specific medical problems – allergies, surgeries, diabetes, etc. – with County Park’s staff. It is beneficial if you have a current First Aid and CPR certification. Ask for feedback on your performance. You are entitled to receive an evaluation of your host experience by County Park’s staff and in turn, you will be given the opportunity to give your feedback. If you get asked a question by a member of the public and you don't know the answer, tell them you'll find the answer and get back to them. What You Get In Return With a one-month commitment of a minimum 15 hours service per week or more, you will receive: • Free RV site and hookups • A "Host" sign for your site • Water, septic, and power • Space size is large enough for a RV up to 50’ Insurance Coverage Liability & Medical: Registered volunteers doing work that is approved by the Mason County Parks Department Head or other designee are considered part of the Mason County’s self-insured liability program. All volunteer hours for registered activities must be reported to the Parks Department. The Parks Department will report volunteer hours to the Department of Labor and Industry whereby if an injury occurs while performing registered volunteer work, the volunteer may have medical only coverage. A volunteer is NOT covered for loss of employment time due to injury or illness, nor for a lasting disability or death. If you suffer an injury while performing registered volunteer activities the Department Head or other designee will help you to obtain and complete the proper forms to submit for processing. As a volunteer host, you are acting as an agent of Mason County Parks and Trails. Therefore, when you are acting within the accepted limits and scope of your assigned job responsibilities, Mason County may assume responsibility for any liability claims that may be filed. Any claim resulting from criminal activity on a volunteer’s part will not be covered by Mason County. Personal Property: Mason County is not responsible for a volunteer’s personal belongings/property. It is recommended that all volunteers carry insurance to cover damage to person belongings or property. Personal tools and equipment should not be used to perform volunteer duties. The use of the Park’s power tools is strictly prohibited. In addition, Park’s tools are not intended for personal use. Exhibit A C:\Users\MSmith\Downloads\Park Host Policy final 2022.docx Page 6 Vehicle Insurance: You will be asked to show proof of vehicle insurance if you use your own vehicle on the job. If special equipment or tools are required to perform your volunteer duties, you will be issued what you need and trained in their use. County equipment is not to be used for personal use. It is not recommended that you use your personal equipment to perform your volunteer duties. If you do, the County is not responsible for damage, replacement or repair to such equipment. For your protection, you should not offer park visitors a ride in your personal vehicle. Taxi service is not one of your volunteer job duties. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): 8/7/2023 Agenda Date: August 15, 2023 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 to set a public hearing on September 12, 2023, to review final project performance and close out the state Community Development Block Grant (CDBG) for the Microenterprise Assistance Program which ended July 31, 2023. Background/Executive Summary: “Building Connections-Strengthening Businesses in Mason County,” a microenterprise assistance program funded through Washington State Department of Commerce is coming to the end of its funding cycle. This program has operated successfully over the past 3 years providing training to Mason County residents who are operating or interested in operating a small business. In addition, forgivable microloans/grants were provided to 9 eligible Mason County businesses to assist in managing and recovering from the impacts of COVID-19. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): CDBG grant closeout requires Public Hearing notice in the official county newspaper at least 14 days prior to the hearing. Requested Action: Approval to submit Public Hearing notice to the Shelton-Mason County Journal for publication on Thursday, August 24, 2023, and to set a public hearing on Tuesday, September 12, 2023. Attachments: Proposed Notice of Public Hearing NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on September 12, 2023 at 9:15 am. SAID HEARING will be to take public comment on the final project performance for the Microenterprise Assistance Grant funded by the Community Development Block Grant (CDBG). Public testimony will be available in-person or via Zoom. The URL is available on the County website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand” feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427- 9670 ext. 419. DATED this 15 day of August, 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Non-Departmental 411 N 5th St Cc: Commissioners Shelton Journal: Publ. 2t: August 17, 2023 & August 24, 2023 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): 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: Request for Qualifications for Community Justice Center Design and Development Background/Executive Summary: Mason County received $1,030,000 grant through the Washington State Department of Commerce to study/design a Community Justice Center comprised of a Jail, Mental Health Facility, and Substance Use Disorder facility. The Sheriff’s Office worked with experts within our Public Health and Community Services Department to establish the criteria within the attached RFQ. This request before the Commissioners is to release the RFQ with a projected response date of September 22, 2023. Budget Impact (amount, funding source, budget amendment): Funded through the Department of Commerce grant. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to advertise the Request for Qualifications for Community Justice Center Design and Development. Attachments: Community Justice Center RFQ Mason County Request for Qualifications for Community Justice Center Design & Development Summary The Mason County Board of County Commissioners invites qualified firms to submit their qualifications for the development of a study document to guide the construction of a Community Justice Center. This center will comprise of a county jail, a mental health facility, and a substance use disorder facility all situated on a single campus. The aim is to design these facilities in a way that maximizes resource sharing and enhances the rehabilitation prospects for both incarcerated individuals and the general public. Requirements of Consulting Firm The study to be provided may include, but will not be limited to, the following elements: 1. Design expertise. Proven ability to design complex facilities such as county jails, mental health facilities, and substance use disorder holding and detox facilities. Knowledge of trauma-informed design will be advantageous. 2. Architectural and engineering certifications. Possess necessary certifications to undertake architectural and engineering work in Washington State. 3. Understanding of local regulations. Demonstrated understanding of Washington State’s building codes, laws, and regulations. Knowledge of the local environment and potential site-specific challenges is desirable. 4. Sustainability and energy efficiency. Proven commitment to sustainable design and energy efficiency. Design all facilities to meet a minimum of the Gold Certification Standard as defined by the Leadership in Energy and Environmental Design (LEED) green building rating system. 5. Capacity and resources. Adequate staffing, resources, and time to handle the project’s size and complexity. 6. Safety and security. Profound understanding of the safety and security measures necessary for each facility type, including secure perimeters, controlled access points, surveillance systems, and secure areas for inmates, patients, and staff. 7. Financial stability. Solid financial footing to handle the project’s scale and duration. 8. Project management. Demonstratable ability to manage projects effectively, including meeting deadlines, staying within budget, and coordinating with multiple stakeholders. 9. References and past performance. Provide references from past clients and evidence of past performance on similar projects. 10. Innovation and future-proof design. Proven innovative design thinking, including the ability to design facilities that are adaptable for future needs. Proven ability to forecast future trends with more than just historical data, incorporating impacts of changes to the law from both the enforcement and judicial perspectives. 11. Communication and collaboration. Demonstrated ability to communicate effectively with various stakeholders and willingness to collaborate with other firms or consultants if needed. The firm must also show its readiness to engage with the local community, including patients and staff, to understand their needs and incorporate them into the design. 12. Regulatory compliance. Ability to ensure facility compliance with local, state, and federal regulations including the Americans with Disabilities Act (ADA), the Washington State Department of Health, and all other relevant bodies. Scope of Work County Jail The following should be included in the scope of work conducted by the research and design firm for the county jail portion of the project. 1. Data analysis. The Consultant will analyze County-provided demographic and criminal justice system use data, including growth trends, changing populations in the criminal justice system, average daily population in the jail, Superior Court caseloads, calls for service, etc. The purpose of this analysis is to determine the space needs of current services and the potential for expansion. 2. Space needs and architectural/site program. Based on the data analysis and programming discussions with County staff and project leadership, the Consultant will estimate the square footage needed for current and future services. 3. Cost analysis. The Consultant will provide a detailed cost analysis, including projected cost increases due to inflation, a breakdown of direct and indirect costs, and other cost information as needed to optimize the County’s project approach. 4. Project development timeline. The study should include an overall project development timeline including recommended phases, scope, and phase sequencing. 5. Funding mechanism consultation. The Consultant will provide consulting and recommendations regarding potential funding mechanisms for the accomplishment of the proposed projects. 6. Staffing and operational costs. Understanding not just the cost of building the facility, but the ongoing costs of running it, is crucial. This includes staffing levels, maintenance costs, equipment, utilities, and more. 7. Inmate programs and services. Facilities should be designed with spaces for educational programs, rehabilitation services, mental health services, and religious observances. These programs can reduce recidivism and improve inmate behavior. 8. Security requirements. The design should consider the security needs of the facility, including surveillance systems, controlled access points, and separation of different inmate classifications. 9. Health and safety standards. The facility should meet health and safety standards, including proper ventilation, sanitation, food service, medical facilities, and fire safety. 10. Sustainability and energy efficiency. Consideration should be given to creating a sustainable and energy efficient facility to reduce environmental impacts, reduce operational costs, and meets the LEED – Gold standard. 11. Legal requirements. Ensure compliance with all local, state, and federal regulations regarding jail construction and operation. 12. Community impact. The potential impact on the local community should be considered, including transportation access, noise, and visual impact. 13. Future expansion or adaptability. The facility design should allow for future expansion or changes in use as community needs evolve over time. 14. Accessibility. The facility should be compliant with ADA to ensure that it is accessible to all. 15. Technology integration. Consideration should be given to the integration of new technologies for security, operations, and inmate services. Mental Health The following should be included in the scope of work conducted by the research and design firm for the mental health portion of the project. 1. Needs assessment. Analyze behavioral health services system-wide data to quantify the need for mental health treatment beds (involuntary and voluntary) or co-occurring mental health/substance use disorder treatment in a criminal justice setting. 2. Data analysis. Analyze County-provided peer support and care coordination program data to quantify the need and effectiveness of current services and the potential for expansion. The aim is to design these facilities in a way that maximizes resource sharing, which may include providing access and service to the public in addition to incarcerated individuals. Quantify the need for expansion into operations that serve the jail and the public. 3. Workforce analysis. Project staff positions, required qualifications or certifications, and Full- Time Employees (FTE) needed to adequately meet the needs of the incarcerated population with mental health conditions. Project need for expansion into operations that serve the jail and the public. 4. Architectural/site program. Estimate the square footage needed for current services and potential for co-locating access by incarcerated individuals and the public. 5. Cost comparison. Provide a detailed cost analysis, including projected cost increases due to expanded services, a breakdown of direct and indirect costs, and other cost information as needed. 6. Security requirements. The design should consider the security needs of the mental health facility should it provide access to both incarcerated individuals and the public. 7. Operational/sustainable funding. Provide consultation and recommendations regarding potential operational funding sources to sustain ongoing mental health services on the campus. Substance Use Disorder The following should be included in the scope of work conducted by the research and design firm for the substance use disorder portion of the project. 1. Needs assessment. Analyze behavioral health services system-wide data to quantify the need of Medicated Assisted Treatment (MAT)/Medications for Opioid Use Disorder (MOUD) or co- occurring mental health/substance use disorder treatment in a criminal justice setting, including medicated withdrawal management. 2. Data analysis. Analyze County-provided Substance Use Disorder Professional (SUDP) and peer support care coordination program data to quantify the need and effectiveness of current services and the potential for expansion. Analyze County-provided MAT/MOUD and overdose data to quantify the need and effectiveness of current services and the potential for expansion. The aim is to design these facilities in a way that maximizes resource sharing, which may include providing access and service to the public in addition to incarcerated individuals. Quantify the need for expansion into operations that serve the jail and the public. 3. Workforce analysis. Project staff positions, required qualifications or certifications, and the FTE needed to adequately provide or refer MAT/MOUD treatment and/or broader psychosocial and recovery supports to the incarcerated population with substance use disorder. Project need for expansion into operations that serve the jail and the public. 4. Architectural/site program. Estimate the square footage needed for current services and potential for co-locating access by incarcerated individuals and the public. 5. Cost comparison. Provide a detailed cost analysis, including projected cost increases due to expanded services, a breakdown of direct and indirect costs, and other cost information as needed. 6. Security requirements. The design should consider the security needs of the substance use disorder facility should it provide access to both incarcerated individuals and the public. 7. Operational/sustainable funding. Provide consultation and recommendations regarding potential operational funding sources to sustain ongoing substance use disorder services on the campus. Overarching Goal of the Study The County invites proposals that underscore the criticality of integrating services and facilities of a county jail, a mental health facility, and a substance use disorder facility on a single campus. The goal is to create a comprehensive, well-coordinated continuum of care that addresses the complex, intertwined challenges of criminal justice involvement, mental health issues, and substance use disorders. Recognizing that these issues often co-occur and require a multifaceted approach, the County is seeking solutions that promote seamless transitions between services, reduce recidivism, enhance mental health outcomes, and foster recovery from substance use. Proposals should highlight the development of a full suite of wrap -around services, ensuring that every individual’s unique needs are met through integrated case management treatment planning, and supportive services. The focus should be on leveraging the synergies of co-located services to enhance the efficacy of interventions, improve the quality of life for individuals served, and ultimately promote safter, healthier communities. Submittal Requirements 1. Letter of interest. This cover letter shall briefly summarize the firm’s qualifications and past experience relevant to the scope of work. A principal or officer of the firm authorized to execute contracts or other similar documents on the firm’s behalf must sign the letter. 2. Outline of the firm’s experience on the scope of work required for the appropriate discipline. 3. Description of firm’s overall approach, including team organization, and work tasks necessary to accomplish all objectives. If it is the firm’s practice to have specific sub-categories of the scope of work performed by sub-consultant(s), please identify the sub-consultant(s) anticipated to be used for the project, indicate the specific role(s), and outline the sub -consultant’s experience on similar or related work. 4. Describe the firm’s quality control process. 5. Identify qualifications/expertise of key personnel on the firm’s team and evidence of availability of staff to begin immediately upon awarding of the contract. 6. Provide a list of key personnel, including sub-consultant’s key personnel, indicating the specific role of each, and clearly identifying the project manager(s). 7. Provide a professional resume for each of the named key personnel, indicating the extent of their experience on projects related to this type of work. Each of the key personnel proposed for use on the project must have current professional registration or certifications and, if applicable, be currently licensed in the State of Washington. 8. Past performance and record of successful completion of a county jail, a mental health facility, and/or a substance use disorder facility of similar size and/or scope of work. a. Note any information useful in demonstrating successful results on prior project(s). b. Reference contact name(s), phone number(s), email address(es), and mailing address(es) related to the above prior project(s). Proposal Submission Interested firms must submit their qualifications, including detailed responses to the above requirements to Mark Neary, County Administrator, by Friday, September 22, 2023 by 5:00 p.m. at 411 N 5th Street, Shelton, WA 98584. For inquiries, please contact Mark Neary at (360) 427 -9670 ext. 530 or mneary@masoncountywa.gov. Administrative Information 1. Minority-owned and Women-owned Business Enterprises. The County strongly encourages minority owned and women owned businesses, socially and economically disadvantaged business enterprises, and small businesses to respond to this RFQ, to participate as partners, or to participate in other business activity in response to this RFQ. 2. Basic eligibility. Any successful firm must be licensed to do business in the State of Washington and must have a state Unified Business Identifier (UBI) number. In addition, the successful firm must not be debarred, suspended, or otherwise ineligible to contract with Mason County. 3. Payment requirements. Firms should be aware that the County will only make payment on invoices after the work being billed has been completed and will pay reimbursable expenses to the firm only upon receipt of an itemized invoice for the reimbursable expenses. No advance payments will be made to the firm who must have the capacity to meet all project expenses in advance of payments by the County. 4. Approval of sub-consultants. The County retains the right of final approval of any sub-consultant of the elected firm who must inform all sub-consultants of this provision. 5. Documents produced. All construction drawings, reports, specifications, and other documents produced under contract to the County must be submitted to the County in both hard copy and digital formats that meet the County’s requirements. All documents shall become the exclusive property of the County. 6. Civil rights. The County embraces civil rights and equal opportunity. If any events occur involving the firm or sub-consultants that would violate those rights, the firm shall take full responsibility for said actions. 7. Insurance. The successful consultant will be expected to enter into a standard consultant agreement that includes the standard general insurance requirements as follows. The Consultant shall procure and maintain, for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agent’s representatives, or employees. Consultant’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the County’s recourse to any remedy available at law or in equity. A. Minimum amounts and scope of insurance. Consultants shall obtain insurance of the types and with limits described below. a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written in ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, personal injury, and advertising injury. The County shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the County. c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant’s profession. B. Other insurance provisions. The Consultant’s Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance with respect to the County. Any insurance, self-insurance, or insurance pool coverage maintained by the County shall be in excess of the Consultant’s insurance and shall not be contributed or combined with it. C. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M, Best rating of not less than A:VII. D. Verification of coverage. Consultant shall furnish the County with original certificates and a copy of the mandatory endorsements, including but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the County within fifteen (15) days of execution of the agreement. E. Indemnification and hold harmless language as permitted by statute with immunities under RCW 4.24.115. To the fullest extent permitted by law, Consultant agrees to indemnify, defend, and hold the County and its Departments, Elected 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, 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 Consultant, its employees, agents, or volunteers, or the Consultant’s sub-contractors 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 the Consultant’s or its sub-contractors’ use of, presence upon, or proximity to the property of the County for the value of the contract or $1,000,000, whichever is less. This indemnification obligation of the provider shall not apply in the limited circumstance where the claim, damage, or loss, or expense is caused by the sole negligence of the County. In the event of the concurrent negligence of the Consultant, its sub-contractors, employees, and agents, and the County, its employees, or agents, this indemnification obligation of the Consultant shall be valid and enforceable only to the extent of the negligence of the Consultant, its sub-contractors, employees, and agents. This indemnification obligation of the Consultant 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 Consultant herby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the Consultant are a material inducement to the County to enter into this contract, are reflected in the Consultant’s compensation, and have been mutually negotiated by the parties. F. Notice of cancellation. The Consultant shall provide the County with written notice of any policy cancellation within two (2) business days of their receipt of notice. G. Failure to maintain insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of the contract, upon which the County may, after giving five (5) business days’ notice to the Consultant to correct the breach, immediately terminate the contractor, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the County’s on demand, or at the sole discretion of the County offset against funds due the Consultant from the County. Request for Qualifications Mason County is inviting qualified firms to submit their qualifications for the development of a study document to guide the construction of a Community Justice Center. This center will comprise of a county jail, a mental health facility, and a substance use disorder facility all situated on a single campus. The aim is to design the facilities in a way that maximizes resource sharing and enhances the rehabilitation prospects for both incarcerated individuals and the general public. Deadline for submittal of RFQ’s, 5:00 p.m., Friday, September 22, 2023. To request the proposal specifications: Download from website: www.masoncountywa.gov Email: mneary@masoncountywa.gov Phone: (360) 427-9670 ext. 530 Contact: Mark Neary Mason County is an Equal Opportunity Employer Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins, PLS, PE, County Engineer Ext. 450 Department: Public Works Briefing: ☒ Public Hearing: ☐ Action Agenda: ☒ Special Meeting: ☐ Briefing Date(s): August 7, 2023 Agenda Date: August 15, 2023 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: Amend the 2023-2028 Six-Year Transportation Improvement Program and 2023 Annual Construction Program – SET HEARING Background/Executive Summary: Mason County adopted the 2023 - 2028 Six-Year Transportation Improvement Program (TIP) and the 2023 Annual Construction program (TIP) on September 27, 2023. Public Works has received Highway Safety Improvement Program funding for a shoulder safety improvement project on Shelton Matlock Road. The project must be added to this year’s State STIP and County Annual Construction Program and TIP to obligate funding before the end of this year. At this time, Public Works would like to amend both programs adding the Shelton Matlock Road Safety Project and making a few other changes that are listed below: ITEM # PROJECT EXPENDITURES RECOMMENDED ACTION 22 CRP 2020 Old Belfair Highway No Change Reduce County Forces work from $600k to $450k on the Annual Program. 28 CRP 2049 Northshore Road Little Shoefly Culvert Replacement CN: $300,000 (County Forces) Add project to Annual Program 29 & 64 CRP 2051 Shelton Matlock Road Shoulder Safety Improvement PE: $10,000 CN: $1,397,000 (HSIP in 2024 only added to TIP) Unexpected HSIP Funding - add project to both Annual and TIP. Budget Impact (amount, funding source, budget amendment): Current 2023 Annual Construction Program total and the Amended show the following budget impact to the county Road Funds: Amended Program $2,921,540 Current Program $2,611,540 Road Fund Increase $ 310,000 (Added Expenditures for CRP 2049 and CRP 2051) Public Outreach (news release, community meeting, etc.): Notice of Public Hearing will be published in the Shelton Journal and the amended Annual and 6-Year TIP will be available to view on the County website. Mason County Agenda Request Form Recommended or Requested Action: Recommend the Board of Commissioners authorize to set a public hearing for September 26, 2023 at 9:15am to amend the 2023 - 2028 Six-Year Transportation Improvement Program (TIP) and the 2023 Annual Construction Program. Attachments: 1. Amended 2023 Annual Construction Program 2. Amended 2023-2028 6-Year TIP COUNTY >> A TOTAL COSTRUCTION DONE ‐ columns (13) + (14)DATE RECOMMENDED PROG. SUBMITTED B COMPUTED COUNTY FORCES LIMIT DATE OF FINAL ADOPTION C TOTAL COUNTY FORCES CONSTRUCTION ‐ (column (14)ORDINANCE/RESOLUTION NO. DATE OF AMENDMENT (1) (2) (3)(5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) ROAD # ROAD NAME BMP EMP FFC 01 1 Harstine Island Polyester Overlay CRP 2026 30000 Harstine Bridge Road 0.12 0.40 07 0.28 D I 0 2,237,000 BRAC 0 2,237,000 0 2,237,000 02 2 Mason Lake Road Improvement Project CRP 2031 52210 Mason Lake Road 5.23 6.23 07 1.00 D E 250,000 550,000 STP 800,000 0 800,000 03 3 Clear Zone Improvements CRP 2027 Various 14.76 G I 0 1,427,000 HSIP 1,427,000 1,427,000 04 4 Mason Lake Road Improvement Project #2 52210 Mason Lake Road 6.23 7.83 07 1.60 D E 118,000 692,000 STP 10,000 0 800,000 0 810,000 05 5 Shelton Valley Road Culvert Replacement 05930 Shelton Valley Road 1.94 2.06 08 0.12 A,L I 66,700 492,300 RAP 45,904 0 513,096 0 559,000 06 6 Kamilche Point Road Improvement Project 14880 Kamilche Point Road  0.02 2.80 08 2.78 D E 165,250 984,750 STP 10,000 0 1,140,000 1,150,000 07 7 Sunnyside Road Resurfacing Project 42360 Sunnyside Road 1.55 3.45 09 1.90 RC E 95,000 0 0 0 95,000 95,000 08 8 Toonerville Bridge Replacement 79800 Bear Creek Dewatto Rd. 5.28 5.30 07 0.02 I I 1,860,000 BRAC 600,000 50,000 1,210,000 1,860,000 09 9 Kelley Hall Road Resurfacing Project 01300 Kelley Hall Road 0.00 1.95 09 1.95 RC E 97,500 0 0 0 97,500 97,500 10 10 Programmatic Bridge Repair Various 0.00 I E 65,000 0 10,000 5,000 25,000 25,000 65,000 11 11 County‐Wide Small Capital Projects Various 0.00 Other E 100,000 0 10,000 5,000 45,000 40,000 100,000 12 12 Neighborhood Roadway Safety Grants Various 0.00 Other E 10,000 0 10,000 10,000 13 13 Johns Prairie Road / SR 3 Intersection 91720 Johns Prairie Road 3.60 3.77 17 0.17 Other E 55,000 0 15,000 40,000 55,000 14 14 North Fork Goldsborough Bridge Repair 04670 Little Egypt Road 0.34 0.35 09 0.02 I I 167,000 BRAC 42,000 0 125,000 167,000 15 15 Uncle Johns Lower Culvert 23500 Agate Loop 1.02 1.02 09 0.00 L, A I 152,000 598,000 FBRB (RCO) 50,000 40,000 660,000 0 750,000 16 16 Sunnyslope Road Resurfacing Project 61950 Sunnyslope Road 0.00 0.55 09 0.55 RC E 30,000 0 30,000 30,000 17 17 Harstine Island Bridge Column Repairs 30000 Harstine Island Road 0.12 0.40 07 0.28 D I 315,090 2,684,910 BRAC 740,000 0 2,260,000 0 3,000,000 18 18 Belfair Connector ‐ Log Yard Road E. New Log Yard Road E. 0.00 A,B,D,G S 250,000 0 200,000 50,000 0 0 250,000 19 19 Belfair Connector ‐ Romance Hill Road 86500 Romance Hill Road 0.00 A,B,D,G S 100,000 0 50,000 50,000 0 0 100,000 20 20 Skokomish Valley Road Reconstruction 41640 Skokomish Valley Road3.804.60080.80A,B,D,GI010,000 10,00000010,000 21 21 North Island Drive Culvert Replacement 39630 North Island Drive 3.46 3.47 07 0.01 L,A I 320,000 500,000 RAP 125,771 40,000 654,229 0 820,000 22 22 Old Belfair Highway Improvement Project 98250 Old Belfair Highway 1.20 2.60 07 1.40 L,A I 232,000 1,188,000 RAP 120,000 700,000 450,000 1,270,000 23 23 Trails Road Alternate Route‐Rasor Road Rasor Road 09 0.00 Other S 150,000 0 0 150,000 0 0 150,000 24 24 WSDOT/ County Intersection Feasability  Clifton, OBH/SR300,N.Bay/SR3 Other S 40,000 0 40,000 40,000 25 25 County Safety Program‐Guardrail Bridge Retrofit Varies 0.00 G I 0 385,000 HSIP 49000 13,000 323,000 0 385,000 26 26 County Safety Program‐Horizontal Curve Analysis Varies 0.00 G I 0 73,000 HSIP 0 0 73,000 73,000 27 27 County Safety Program‐Sign Post Reflective Panels Varies 0.00 G I 54,000 HSIP 4000 0 50,000 54,000 28 30 Northshore Road Little Shoefly Culvert Replacement 70390 Northshore Road 8.10 8.10 0.00 L,A I 300,000 10000 20,000 170,000 100,000 300,000 29 64 Shelton Matlock Road Shoulder Safety Improvement 90100 Shelton Matlock Road 1.767.67075.91DE10,000 10,00000010,000 PAGE/PROGRAM TOTALS, CONSTRUCTION 2,921,540 13,902,960 2,098,675 463,000 13,089,325 960,500 16,674,500 FbD ANNUAL CONSTRUCTION PROGRAM FOR 2023 (9‐14‐22) ROAD SEGMENT INFORMATION (4) TOTAL $'S 14,049,825$                    1,260,423$                       960,500$                          AN N U A L   P R O G R A M   IT E M   N U M B E R 6Y E A R   R O A D PR O G R A M   I T E M   N O . PROJECT NAME PR O J E C T LE N G T H (Miles) PR O J E C T   T Y P E   C O D E ( S ) EN V I R O N M E N T A L   AS S E S S M E N T MASON August 22, 2022 September 27, 2022 2022‐063 CONSTRUCTION COUNTY  FORCES GRAND TOTAL  (ALL 595) SOURCES OF FUNDS COUNTY  ROAD  FUNDS OTHER FUNDS PROGRAM SOURCEAMOUNT ESTIMATED EXPENDITURES PE & CE (595.10) RIGHT OF WAY (595.20)CONTRACT CRAB FORM #3, MC REVISED 8/9/2023 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 CRP 2026 PE Harstine Island Bridge Polyester Overlay RW Rd. No.: 30000 CN 6/1/2023 STP 2237 2237 2237 N/A From: MP 0.12 To: MP 0.40 Deck repair Total 2023 Project Cost $ 2,237,000 TOTALS 2237 2237 2237 CRP 2031 PE Mason Lake Road Improvement Project RW Rd. No.: 52210 CN 6/1/2023 STP 550 250 800 800 N/A From: MP 5.23 To: MP 6.23 Overlay the road Total 2023 Project Cost $ 800,000 TOTALS 550 250 800 800 CRP 2027 Clear Zone Imrovements PE Rd. No.: 91100 - Arcadia Road RW Rd. No: 04450 - Highland Road CN 1/3/2023 STP 1427 1427 1427 N/A Rd. No.: 90100 - Shelton Matlock Road Rd. No.: 14880 - Kamilche Point Road Total 2023 Project Cost $ 1,427,000 TOTALS 1427 1427 1427 CRP PE 2/1/2023 STP 10 10 10 Mason Lake Road Improvement #2 RW Rd. No.: 52210 CN 6/1/2023 STP 692 108 800 800 N/A From: MP 6.23 To: MP 7.83 Overlay the road Total 2023 Project Cost $ 810,000 TOTALS 692 118 810 810 CRP PE 4/1/2023 RATA 36.9 9.004 45.904 45.904 Shelton Valley Road Culvert Replacement RW Rd. No.: 05930 CN 8/1/2023 RATA 455.4 57.696 513.096 513.096 N/A From: MP 1.94 To: MP 2.06 Replacing the Winter Creek Culvert Total 2023 Project Cost $ 559,000 TOTALS 492.3 66.7 559 559 CRP PE 4/1/2023 STP 10 10 10 Kamiche Point Road Improvement Project RW Rd. No.: 14880 CN 8/1/2023 STP 984.75 155.25 1140 1140 N/A From: MP 0.02 To: MP 2.80 Overlay the road Total 2023 Project Cost $ 1,150,000 TOTALS 984.75 165.25 1150 1150 CRP 2037 PE Sunnyside Resurfacing Project RW Rd. No.: 42360 CN 6/1/2023 95 95 95 N/A From: MP 0.55 To: MP 3.45 Gravel to HMA Total 2023 Project Cost $ 95,000 TOTALS 95 95 95 E 2.78 E E Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1st 09 7 08 Nu m b e r Pr i o r i t y 13 1.60 2.90 0.28 Fu n c t i o n a l C. Project Title 07 1 07 07 07 08 3 E 07 2 1.00 E 14.76 E Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 07 4 08 6 5 0.12 E Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP PE 4/1/2023 BRAC 600 600 600 Toonerville Bridge Replacement Bear Creek Dewatto Road RW 6/1/2023 BRAC 50 50 50 Rd. No.: 79800 CN 8/1/2023 BRAC 1210 1210 1210 6/1/2023 From: MP 5.28 To: MP 5.30 Replace the two existing 14x8 corrugated metal culverts with a 30' structure Total 2023 Project Cost $ 1,860,000 TOTALS 1860 1860 1860 CRP 2039 PE Kelly Hall Road Resurfacing Project RW Rd. No.: 01300 CN 6/1/2023 97.5 97.5 97.5 N/A From: MP 0.00 To: MP 1.95 Gravel to Chip Seal Total 2023 Project Cost $ 97,500 TOTALS 97.5 97.5 97.5 CRP PE 10 10 10 Programmatic Bridge Program RW 5 5 5 CN 50 50 50 Total 2023 Project Cost $ 65,000 TOTALS 65 65 65 CRP PE 10 10 10 County-Wide Small Capital Projects RW 5 5 5 CN 85 85 85 Total 2023 Project Cost $ 100,000 TOTALS 100 100 100 CRP PE 10 10 10 Neighborhood Roadway Safety Grants RW CN Total 2023 Project Cost $ 10,000 TOTALS 10 10 10 CRP PE 4/1/2023 15 15 15 Johns Prairie Road / SR 3 Intersection RW 6/1/2023 40 40 40 Rd. No.: 91720 CN From: MP 3.60 To: MP 3.77 Clear Zone Project Total 2023 Project Cost $ 55,000 TOTALS 55 55 55 CRP PE 4/1/2023 BRAC 42 42 42 North Fork Goldsborough Bridge Repair RW Rd. No.: 04670 Little Egypt Road CN 8/1/2023 BRAC 125 125 125 From: MP 0.335 To: MP 0.35 Replace the timber cap Total 2023 Project Cost $ 167,000 TOTALS 167 167 167 BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board 0.1713 12 E 1.95 0.02 17 09 14 07 08 09 17 18 19 10 07 8 07 08 09 17 18 19 11 09 9 E E DCE E E FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 07 08 09 17 18 19 0.02 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account Page 2 of 10 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP 2023 PE 4/1/2023 RCO 40 10 50 50 Uncle Johns Lower Culvert RW 5/1/2023 RCO 30 10 40 40 Rd No.: 23500 CN 7/1/2023 RCO 528 132 660 660 From MP 1.02 To: MP 1.02 Remove existing culvert and replace as needed Total 2023 Project Cost $ 750,000 TOTALS 598 152 750 750 CRP 2040 PE Sunnyslope Road Resurfacing Project RW Rd No.: 61950 CN 6/1/2023 30 30 30 30 From MP 0.00 To: MP 0.55 Gravel surface to chip seal Total 2023 Project Cost $ 30,000 TOTALS 30 30 30 30 CRP PE 4/1/2023 BRAC 730.01 9.99 740 740 Harstine Island Bridge Column Repairs RW Rd. No.: 30000 CN 6/1/2023 BRAC 1954.9 305.1 2260 2260 From: 0.12 To: 0.40 Deck Repair Total 2023 Project Cost $ 3,000,000 TOTALS 2684.91 315.09 3000 3000 CRP PE 1/1/2023 200 200 200 Belfair Connector - Log Yard Road E.RW 10/1/2023 50 50 50 Rd. No.: CN From: SR3 To: Belfair Freight Corridor Design for new construction Total 2023 Project Cost $ 250,000 TOTALS 250 250 250 CRP 2019 PE 6/1/2023 50 50 50 Belfair Connector - Romance Hill RW 7/1/2023 50 50 50 Rd. No.: 86500 CN From: SR3 To: Belfair Freight Corridor Design for new construction Total 2023 Project Cost $ 100,000 TOTALS 100 100 100 CRP PE 1/1/2023 FbD 10 10 10 Skokomish Valley Road Reconstruction RW Rd. No.: 41640 CN 3/1/2024 FLAP 1600 1600 1600 From: MP 3.8 To: MP 4.6 Road reconstruction partner w/ Mason Cons Dist $8M total project cost Total 2023 Project Cost $ 10,000 TOTALS 1610 1610 10 1600 CRP 2011 PE 1/1/2023 RATA 105.771 20 125.771 125.771 North Island Drive Culvert Replacement RW 5/2/2023 40 40 40 Rd. No.: 39630 - North Island Drive CN 7/15/2023 RATA 394.229 260 654.229 654.229 From: MP 3.46 To: MP 3.47 Replace existing culvert with a new structure Total 2023 Project Cost $ 820,000 TOTALS 500 320 820 820 BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds TBD20 15 TBD0.01 09 07 17 0.10 19 18 07 16 09 08 2107 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account Page 3 of 10 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP 2020 PE 3/1/2023 RATA 96.565 23.435 120 120 Old Belfair Hwy RW Rd. No.: 98250 CN 4/1/2023 RATA 1091.44 208.565 1300 1300 From: MP 1.2 To: MP 2.6 3R Improvement - Resurfacing, Restoration and Rehabilitation Total 2023 Project Cost $ 1,420,000 TOTALS 1188 232 1420 1420 Trails Road Alternate Route - Rasor Road PE Rd. No. 62310 RW 9/3/2023 150 150 150 CN From: MP. To: MP. ROW acquisition Total 2023 Project Cost $ 150,000 TOTALS 150 150 150 WSDOT / County Intersection Feasability Study PE 7/1/2023 40 40 40 Clifton, Old Belfair Hwy/SR300: N. Bay Rd/SR3 RW Rd. No.: CN From: MP To: MP Feasability Study Total 2023 Project Cost $ 40,000 TOTALS 40 40 40 CRP 2032 PE 6/1/2023 HSIP 49 49 49 County Safety Program- Guardrail Bridge Retrofit RW 8/1/2023 HSIP 13 13 13 Rd. No.: varies CN 2/1/2023 HSIP 323 323 323 From: MP To: Add/upgrade bridge rail and guardrail Total 2023 Project Cost $ 385,000 TOTALS 385 385 385 CRP 2033 PE 6/1/2023 HSIP 73 73 73 County Safety Program- Horizontal Curve Analysis RW Rd. No.: varies CN From: MP To: Collect curve data county wide Total 2023 Project Cost $ 73,000 TOTALS 73 73 73 CRP 2034 PE 6/1/2023 HSIP 4 4 4 County Safety Program- Sign Post Reflective Panels RW Rd. No.: varies CN 4/1/2023 HSIP 50 50 50 From: MP To: Upgrade Signing with reflectorized sign posts panels Total 2023 Project Cost $ 54,000 TOTALS 54 54 54 CRP PE 1/1/2025 400 400 Trails Road Realignment RW 10/1/2025 50 50 Rd. No.: 62310 CN From: MP 0.5 To: MP 1.6 Curve Realignment Total Project Cost $ 450,000 TOTALS 450 450 2807 0.40 2707 0.12 0.10 0.12 0.12 1.40 FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 25 08 22 26 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction 07 23 07 24 07 Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board Page 4 of 10 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP PE 6/1/2026 200 200 Log Yard Road W Freight Upgrade RW 7/1/2026 50 50 CN 4/1/2026 1325 1325 3R Improvement - Resurfacing, Restoration and Rehabilitation Total Project Cost $ 1,575,000 TOTALS 1575 1575 N. Shore Road Lil Shoe Fly Culvert Replacement PE 4/1/2026 10 10 10 RW 4/1/2026 20 20 20 Rd. No. 70390 CN 8/1/2026 700 700 700 From: MP 8.10 To: MP 8.10 Total Project Cost $ 730,000 TOTALS 730 730 730 PE 6/1/2026 120 120 120 Frieght Corridor Trail Multimodal trail RW CN Curve Realignment Total Project Cost $ 120,000 TOTALS 120 120 120 CRP PE 12/1/2024 BRAC 221 73.5 294.5 294.5 Evers Bridge Painting Project RW Rd. No.90100 CN 8/1/2026 BRAC 614.25 204.75 819 819 From: MP 23.05 To: MP 23.05 Strip existing timber surface and re-apply protective coating Total Project Cost $ 1,113,500 TOTALS 835.25 278.25 1113.5 294.5 819 CRP PE 12/1/2024 BRAC 199.5 66.5 266 266 Mission Creek 3 Bridge Improvement Project RW Rd. No. 84110 CN 8/1/2026 BRAC 600 200 800 800 From: MP 0.04 To: MP 0.04 Construct footing and pier wall and replace the North approach Total Project Cost $ 1,066,000 TOTALS 799.5 266.5 1066 266 800 CRP PE 12/1/2024 BRAC 56.25 18.75 75 75 Vance Creek Div Bridge Improvement Project RW Rd. No. 41640 CN 8/1/2026 BRAC 225 75 300 300 From: MP 4.56 To: MP 4.56 Replace damaged concrete girder Total Project Cost $ 375,000 TOTALS 281.25 93.75 375 75 300 CRP PE 12/1/2023 20 20 20 Rock Creek Bridge Improvement Project RW Rd. No. 10000 CN 8/1/2024 200 200 200 From: MP 5.85 Replace the superstructure Total 2023 Project Cost $ 220,000 TOTALS 220 220 20 200 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction 08 09 33 0.10 34 BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 29 32 07 35 07 30 31 Page 5 of 10 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP PE 12/1/2024 20 20 20 Danny Walker Bridge Improvement Project RW Rd. No. 01420 CN 8/1/2025 200 200 200 From: MP 1.41 Replace the superstructure Total Project Cost $ 220,000 TOTALS 220 220 20 200 CRP PE 12/1/2024 20 20 20 Portman Bridge Improvement Project RW Rd. No. 01420 CN 8/1/2025 200 200 200 From: MP 3.82 Replace the superstructure Total Project Cost $ 220,000 TOTALS 220 220 20 200 CRP PE 12/1/2025 20 20 20 Crisman Bridge Improvement Project RW Rd. No. 01420 CN 8/1/2026 200 200 200 From: MP 0.58 Replace the superstructure Total Project Cost $ 220,000 TOTALS 220 220 20 200 CRP PE 4/1/2028 BRAC 720 180 900 900 Stretch Island Bridge Replacement RW 4/1/2028 BRAC 100 20 120 120 Rd. No. 64500 CN 4/1/2028 BRAC 6835.2 1708.8 8544 8544 From: MP 0.14 To: MP 0.21 Replace the 356' bridge Total Project Cost $ 9,564,000 TOTALS 7655.2 1908.8 9564 9564 CRP PE 12/1/2025 HSIP 200 200 200 Clifton Rd / SR 300 / Old Belfair HWY Intersecetion Improvement RW 12/1/2025 HSIP 100 100 100 Rd. No. 86750 & 98250 CN 8/1/2026 HSIP 1700 1700 1700 From: MP 0.20 Construct a roundabout at the intersection Total Project Cost $ 2,000,000 TOTALS 2000 2000 300 1700 CRP PE 12/1/2025 HSIP 200 200 200 Brockdale/Batstone CutOff /Brockdale/Island Lk Dr Intersecetion Improv.RW 12/1/2025 HSIP 100 100 100 Rd. No. 90090 & 51300 CN 8/1/2026 HSIP 1700 1700 1700 From: MP 0.00 Construct a roundabout at the intersection Total Project Cost $ 2,000,000 TOTALS 2000 2000 300 1700 CRP PE 4/1/2024 10 10 10 Agate Road Improvement Project #4 RW Rd. No. 23910 CN 8/1/2024 STP 960.15 149.85 1110 1100 From: MP 3.78 To: MP 6.65 County crew to prepare shoulders contract HMA overlay 12' lanes & 5' shoulders Total Project Cost $ 1,120,000 TOTALS 960.15 159.85 1120 1110 09 36 39 0.07 07 40 09 37 09 38 07 42 2.87 17 41 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Page 6 of 10 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP PE 12/1/2024 10 10 10 Mason Lake Road Improvement Project RW Rd. No. 52210 CN 8/1/2025 STP 692 108 800 800 From: MP 0.00 To: MP 1.42 Overlay the road 12' wide lanes & 5' wide shoulders Total Project Cost $ 810,000 TOTALS 692 118 810 10 800 CRP PE 4/1/2026 10 10 10 Mason Lake Road Improvement Project RW Rd. No. 52210 CN 8/1/2026 STP 994.75 155.25 1150 1150 From: MP 7.83 To: MP 10.13 Overlay the road 12' wide lanes & 5' wide shoulders Total Project Cost $ 1,160,000 TOTALS 994.75 165.25 1160 1160 CRP PE 4/1/2025 10 10 10 Old Belfair HWY Improvement Project RW Rd. No. 98250 CN 8/1/2025 STP 605.5 94.5 700 700 From: MP 2.60 To: MP 3.86 HMA 12' lanes & 5' shoulders Total Project Cost $ 710,000 TOTALS 605.5 104.5 710 710 CRP PE 4/1/2027 10 10 10 Johns Prairie Road Improvement Project RW Rd. No. 91720 CN 8/1/2027 STP 519 81 600 600 From: MP 0.00 To: MP 1.00 HMA 12' lanes & 5' shoulders Total Project Cost $ 610,000 TOTALS 519 91 610 610 CRP PE 4/1/2028 10 10 10 Matlock-Brady Road Improvement Project RW Rd. No. 90100 CN 8/1/2028 STP 865 135 1000 1000 From: MP 24.26 To: MP 26.26 Grind existing surface HMA 12' lanes & 5' shoulders Total Project Cost $ 1,010,000 TOTALS 865 145 1010 1010 CRP PE 4/1/2026 RAP 18 2 20 20 South Island Drive Road Improvement Project RW 4/1/2026 20 20 20 Rd. No. 35230 CN 8/1/2026 RAP 648 72 720 720 From: MP 0.00 To: MP 1.00 HMA 12' lanes & 2' shoulders. 1' gravel shoulders; correct horizontal curves Total Project Cost $ 760,000 TOTALS 666 94 760 760 CRP PE 4/1/2025 RAP 18 2 20 20 Bear Creek Dewatto Road Improvement Project RW 4/1/2025 20 20 20 Rd. No. 79800 CN 8/1/2025 RAP 576 64 640 640 From: MP 0.43 To: MP 1.02 Improve horizontal curves & HMA 12' lanes & 5' shoulders Total Project Cost $ 680,000 TOTALS 594 86 680 680 17 43 1.42 07 44 2.30 07 45 1.26 17 46 1.00 07 47 2.00 08 48 1.00 07 49 0.59 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Page 7 of 10 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP PE 4/1/2025 RAP 18 2 20 20 Bear Creek Dewatto Road Improvement Project RW 4/1/2025 20 20 20 Rd. No. 79800 CN 8/1/2025 RAP 931.5 103.5 1035 1035 From: MP 1.53 To: MP 1.96 Improve horizontal curves & HMA 12' lanes & 5' shoulders Total Project Cost $ 1,075,000 TOTALS 949.5 125.5 1075 1075 CRP PE 4/1/2025 10 10 10 E Mason Lake Drive West Culvert Replacement RW 4/1/2025 20 20 20 Rd. No.: 60130 CN 8/1/2026 600 600 600 From: MP 3.30 To: MP 3.30 Total Project Cost $ 630,000 TOTALS 630 630 30 600 CRP PE 4/1/2026 RAP 18 2 20 20 Cloquallum Road Improvement Project RW 4/1/2026 20 20 20 Rd. No. 10000 CN 8/1/2026 RAP 700 70 770 770 From: MP 4.65 To: MP 5.05 Improve horizontal alignment S curves Total Project Cost $ 810,000 TOTALS 718 92 810 810 CRP PE 4/1/2027 RAP 20 2 22 22 Cloquallum Road Improvement Project RW 4/1/2027 30 30 30 Rd. No. 10000 CN 8/1/2028 RAP 700 100 800 800 From: MP 6.6 To: MP 8.00 Shift the road to the North away from the creek Total Project Cost $ 852,000 TOTALS 720 132 852 852 CRP PE 4/1/2024 10 10 10 Shelton Matlock Road Bicycle Lanes Improvement Project RW Rd. No. 90100 CN 8/1/2024 TAP 900 900 900 From: MP 0.53 To: MP 7.17 HMA 5' bicycle lanes on both sides of the existing road Total Project Cost $ 910,000 TOTALS 900 10 910 910 CRP PE 4/1/2024 15 15 15 Beeville Loop Road Dry Bed Creek Culvert RW 4/1/2024 20 20 20 Rd. No. 01420 CN 8/1/2025 900 900 900 From: MP 1.93 To: MP 1.94 Replace the existing pipe with a box culvert Total Project Cost $ 935,000 TOTALS 935 935 35 900 CRP PE Eells Hill Road Resurfacing Project RW Rd. No.: 40850 CN 8/1/2025 220 220 220 From: MP 1.28 To: MP 5.61 Gravel to Chip Seal Total Project Cost $ 220,000 TOTALS 220 220 220 07 52 0.40 07 50 0.43 07 51 07 53 1.40 14 17 7 54 6.64 09 55 0.10 09 56 4.33 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds Page 8 of 10 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP PE Yates Road Resurfacing Project RW Rd. No.: 36600 CN 8/1/2024 68 68 68 From: MP 0.00 To: MP 1.31 Gravel to Chip Seal Total Project Cost $ 68,000 TOTALS 68 68 68 CRP PE Tahuya Blacksmith Road Resurfacing Project RW Rd. No.: 70670 CN 8/1/2025 90 90 90 From: MP 2.90 To: MP 4.63 Gravel to Chip Seal Total Project Cost $ 90,000 TOTALS 90 90 90 CRP PE Bolling Road Resurfacing Project RW Rd. No.: 10510 CN 8/1/2026 20 20 20 From: MP 0.00 To: MP 0.28 Gravel to Chip Seal Total Project Cost $ 20,000 TOTALS 20 20 20 CRP PE Beerbower Road Resurfacing Project RW Rd. No.: 02230 CN 8/1/2026 160 160 160 From: MP 0.00 To: MP 3.06 Gravel to Chip Seal Total Project Cost $ 160,000 TOTALS 160 160 160 CRP PE North Shore Road Resurfacing Project RW Rd. No.: 70390 CN 8/1/2026 300 300 300 From: MP 19.76 To: MP 25.48 Gravel to Chip Seal Total Project Cost $ 300,000 TOTALS 300 300 300 CRP PE 10 10 10 Satsop Cloquallum Culvert Replacement RW 10 10 10 Rd. No.: 02000 CN 500 500 500 From: MP 5.20 To: MP 5.20 Total Project Cost $ 520,000 TOTALS 520 520 20 500 CRP PE 10 10 10 Lynch Road Culvert Replacement RW 20 20 20 Rd. No.: 15500 CN 600 600 600 From; MP 2.20 To: MP 2.20 Total Project Cost $ 630,000 TOTALS 630 630 30 600 1.73 08 61 5.72 09 59 0.28 08 62 07 63 3.06 09 57 1.31 08 58 Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 09 60 Page 9 of 10 Agency:Mason County Co. No.: 13 Co. Name:Mason County Hearing Date: 9/27/2022 Adoption Date: 9/27/2022 City No. - - -MPO/RTPO:Peninsula Amend Date: - Resolution No.: 2022-063 Project Identification Costs in Thousands of Dollars A. Federal Aid No. B. Bridge No. Fund Source Information Federal Funding Phase Federal Federal State Start Fund Cost by Fund State Local Total (mm/dd/yy) Code Phase Source Funds Funds Funds 68 9 10 11 1213 14 15 16171819 20 21 Six Year Transportation Improvement Program From 2023 to 2028 Federally Funded Projects OnlyExpenditure Schedule Cl a s s E. Beginning MP or road - Ending MP or road F. Describe Work to be Done To t a l L e n g t h D. Street/Road Name of Number R/W Required Date (mm/yy) Pr o j e c t Ph a s e Envir Type4th thru 6th3rd2nd1stNu m b e r Pr i o r i t y 13 Fu n c t i o n a l C. Project Title CRP 2051 PE 9/1/2023 10 10 10 Shelton Matlock Road Shoulder Safety Improvement RW Rd. No.: 90100 CN 5/1/2024 HSIP 1397 1397 1397 From: MP 1.76 To: MP 7.67 Total Project Cost $ 1,407,000 TOTALS 1397 10 1407 10 1397 TOTALS 65.98 33869.76 4388.30 11784.94 50043 16535 3993 7171 24390 Future Considerations/Wishlist * Completion of Trails road Alternate Route - Rasor Road in phases Log Yard Port of Bremerton Industrial Loop Connectivity Planning Matlock-Brady Rd. MP 17.43 to 26.26 = 8.83 miles resurfacing $4,415,000 Terrace Blvd Road and Hwy 101 intersection - partner project with WSDOT New Roads Consideration Brockdale and Island Lake Road intersection - partner project with City of Shelton McEwan Prairie to Brockdale 101 connection Illumination intersections county wide Connection between Cloquallum and City Center exit Union Boat Launch Resurfacing Trail near Roessel Road Phase PE - Preliminary Engineering RW - Right of Way CN - Construction Funding STP - Surface Transportation Program HSIP - Highway Safety Improvement Program RATA - Rural Arterial Trust Account BRAC - Bridge Replacement Advisory Committee TP - Transportation Partnerships TAP - Transportation Alternatives Program FBRB - Brian Abbot Fish Barrier Removal Board FLAP - Federal Lands Access Program EM - Federal Emergency Management Act and State Emergency Management funds 07 64 Page 10 of 10 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mike Collins, PLS, PE, County Engineer Ext. 450 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 7, 2023 Agenda Date: August 15, 2023 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: County Road Project (CRP) No. 2051 – Shelton Matlock Road M.P 1.76 to M.P 7.67 Background/Executive Summary: The purpose of this project is to overlay the existing gravel shoulders with hot mix asphalt, remove and replace the existing substandard guardrail. Budget Impact (amount, funding source, budget amendment): The County has received Highway Safety Improvement Program (HSIP) funding. Project is planned to be completed in 2024. Funding for the project is shown below: Shelton Matlock Road Estimated Project Cost: $ 1,407,000 Authorized HSIP funds: $(1,397,000) County Road Funds: $ 10,000 The project is listed on the amended 2023 Annual Construction Program (#29) and 2023-2028 Six-Year Transportation Improvement Program (#64) (subject to Board approval at the September 12, 2023 public hearing). Public Outreach (news release, community meeting, etc.): Resolutions will be published in the Shelton Journal. Requested Action: Request Board execute a resolution for County Road Project No. 2051, Shelton Matlock Road, authorize the Public Works County Engineer to advertise, set bid dates/times, award contract and County Engineer and/or the Chair to sign all pertinent documents. Attachments: 1. Resolution 2. Project Location Map MASON COUNTY COMMISSIONERS RESOLUTION NO: _______ COUNTY ROAD PROJECT NO. 2051 WHEREAS, on Mason County Road No. 90100, known locally as the Shelton Matlock Road and more specifically located in Sec. 24, 23, 26, 27, 22, 22, 21, 16, 17, and 18, T. 20N, R 4W, WM at approximately mile post 1.76 to mile post 7.67; work defined as “construction” in the BARS Manual, Page II-63, et seq, is determined to be necessary and proper; and, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Overlay the existing gravel shoulders with hot mix asphalt, remove and replace the existing substandard guardrail. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW 36.77.020 and/or RCW 36.77.065 and WAC 136-18). BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper, and the estimated costs of said project are herewith set out as follows: Engineering: $ 10,000 Right of Way $ -0- Construction $ 1,397.000 The County Road project herein described in HEREBY DECLARED to be a public necessity, and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law, provided and in accordance with RCW 36.75.050, 36.80.080 and 36.80.070. ADOPTED this day of 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ______________________________________ Sharon Trask, Chair ATTEST: ______________________________________ _________________________________ Randy Neatherlin, Vice Chair McKenzie Smith, Clerk of the Board _________________________________________ Kevin Shutty, Commissioner APPROVED AS TO FORM: _________________________________ Tim Whitehead, Ch. DPA cc: Co. Commissioners Engineer JOURNAL: Publ. 1t: 08/1/2023 SHELTON MATLOCK RD U S H I G H WAY 1 0 1 HIG HLA N D R D S H E LT O N VA L L E Y R D D A Y T O N A I R P O R T R D CLOQUALLUM RD S H E L T O N S P R I N G S R D O L Y M P I C H W Y N O R T H R AMP L A K E B L V D BROCKDALE RD U S H I G H W A Y 1 0 1 RAMP Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance CRP 2051 Shelton Matlock Road Shoulder Safety Improvement MP 1.76- 7.67 MP 1.76 0 2,500 5,000 7,500 10,0001,250 Feet¯ MP 7.67 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Loretta Swanson, Director Ext. 450 Department: Public Works Briefing: ☒ Public Hearing: ☐ Action Agenda: ☒ Special Meeting: ☐ Briefing Date(s): August 7, 2023 Agenda Date: August 15, 2023 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: Additional Administrative Assistant FTE Position Background/Executive Summary: The Public Works Department is requesting approval to add and hire an additional FTE- Administrative Assistant to assist with the growing office support demands and department permit center. For almost 20-years the department has had two (2) full time Administrative Assistants and one (1) Office Administrator supporting management, seven (7) departmental divisions, permit center and customers. With increasing workloads, need for cross-training and two division employees with maxed out vacation hours, support demands and coverage for the permit center can be challenging. A temporary fulltime Administrative Assistant was hired 6-months ago and has been advantageous to maintaining levels of service, balancing workloads and supporting understaffing demand issues. To continue to effectively cover current support needs, Public Works would like to convert this position into a permanent 1.0 FTE. Budget Impact: The proposed position would be funded out of the Road Fund. Wages/Benefits are approximately $75,000. Public Outreach: The temporary position was posted on the County webpage and in the Shelton Journal. The Engineer’s Guild is willing to waive an internal posting if the Temporary Administrative Assistant position is approved to be converted into a permanent FTE and the current temp accepts the position. Requested Action: Request Board of County Commissioners approve to add an additional Public Works 1.0 FTE Administrative Assistant position and hire. Attachments: 1. Job Description Est. Unknown/Rev 1-9.19.2007/Rev 2-2.6.2014/Rev 3-10.01.2019 Rev 4- 10.2020 (formatting) POSITION DESCRIPTION GENERAL DESCRIPTION: This position performs a wide variety of advanced and complex administrative support to the various divisions of Public Works; provides information and assistance to the public regarding regulations, rules, and departmental policies and procedures; and performs a variety of tasks relative to assigned area of responsibility. Coordinates functions requiring a comprehensive understanding of the administrative and technical operations of the department and / or of countywide operations. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks, which may be found in positions of this class) Administrative duties and responsibilities are assigned to all Administrative areas within Public Works, which may include, but are not limited to, any combination of the following tasks: Manages the reception area of Public Works Department; acting as a problem identification and resolution resource, research of regulations, rules, policies and procedures to resolve complex informational requests or issues and providing guidance, troubleshooting and following up with customers in resolving problems; may coordinate (or act as liaison) between functions/departments as required to facilitate problem resolution. Participates and/or assists in special projects, and performs associated administrative duties as assigned. Analyses data, summarizes and develops informational summaries for use by the department. Updates and retrieves data from new/existing spreadsheet models, database programs/files and/or other automated/manual sources; establishes, maintains and updates files , records, accounts and other information as needed to support and document functional operations and activities. Assures Department responsiveness by tracking and monitoring progress and/or disposition of requests, actions, files, documents, programs, etc. in manual or automated systems; sets up and maintains follow-up files and suspense systems as necessary. Title: Administrative Assistant Department: Public Works Affiliation: Engineer’s Guild Reports to: Public Works Office Administrator Exempt: Non-Exempt: X Supervises/Directs: None Job Class: 4105 Risk Class: 5306-07 Salary Range: According to current Collective Bargaining Agreement Est. Unknown/Rev 1-9.19.2007/Rev 2-2.6.2014/Rev 3-10.01.2019 Rev 4- 10.2020 (formatting) Performs incidental general office/secretarial tasks such as monitoring/ordering standard office supplies; collating and assembling documents; ac cepting and delivering inter-department correspondence, photocopying/faxing correspondence and reports; attend meetings and take/distribute minutes; scheduling appointments; screening calls/visitors. Oversees training of administrative interns, teaching a dministrative and technical operations of the department. Works is performed under moderate to general supervision. No formal, direct supervisory responsibilities are present. Provides a variety of clerical support to the Office Administrator and other members of the department. Operates office equipment and machines such as personal computer, typewriters, dictating machines, calculators, copy machines, adding machines, book binding machine, map copier, laminator, plotter, and other equipment related to the field. Coordinates, documents and tracks pertinent data to meet information and reporting needs. Assists and otherwise provides backup to the Office Administrator. Imperative to be regular, reliable and punctual attendance. Shows initiative in performing job functions. Performs related work as required. Administrative duties and responsibilities are assigned to front desk area within Public Works, which may include, but are not limited to, any combination of the following tasks: Administers Public Works permitting by processing, Issuing, and keeping records of all access/utility/moving/road use/right of way use permits. Types and compiles all correspondence in regard to the permits. Coordinates inspections, compiles billings , etc. on permits. Must be able to redirect requests for permits outside of public works to appropriate county agencies. Responsible for accuracy of the front counter cash drawer; collecting of fees for permits, plans and specs, maps, copies, etc. Coordinates emergency communications related to the County Road System. Dispatches information over radio to supervisors; notifies and updates Public Works personnel, road hotline, schools, sheriff’s office, newspapers, radio station(s), and various affected businesses of road closures and road restrictions. Keeps a detailed log of the information. Creates / Maintains listings for Road Restriction Contacts, Radio Call Listing, and Public Works Personnel. Responsible for updating and distributing of the Small Wo rks Roster and Consultant Roster. Reviews submittals for completeness and enters pertinent information into the alpha / categorical database. Est. Unknown/Rev 1-9.19.2007/Rev 2-2.6.2014/Rev 3-10.01.2019 Rev 4- 10.2020 (formatting) In Charge of providing information to and signing up of new applicants to the Herbicide Program. Works with the road operations and maintenance supervisor on updating / maintaining the Program. Coordinates verification of road kill with the road operations and maintenance supervisor. Maintains Road Kill Log and verifies billing received from contractor. Synchronizes the review process for damage claims from utilities and private parties with the Road Operations and Maintenance Supervisors and with Risk Management. Compiles data from the different divisions of Public Works for the Public Works Annual Report. Edits, proof, and prepares the report for distribution. Assures distribution of policies and procedures. Maintains supply of forms: i.e., applications, leave requests, accident reports, and orders all office supplies, etc. Administrative duties and responsibilities are assigned to the Engineering and Construction Administrative area within Public Works, which may include, but are not limited to, any combination of the following tasks: Creates and updates extensive records management system and file index related to county road projects, consultant and purchase contracts. Prepares files for archiving and subsequent retrieval. Manages, coordinates and organizes construction documentation. Coordinates with others inside and outside the organization; combines (by balancing activities, timing events and integrating functions) the efforts of separate groups to accomplish a specific objective; determines need and requests forms and other materials from public and/or private entities for documentation or processing purposes. Assume administrative responsibility for a specific project identifies resource needs and may develop action plans may set up plans and procedures for achieving objectives. Sets up, prepares and provides payment spreadsheets primarily related to county road projects and submits them to accounting for payment. Provides support to project engineers related to public work projects. Attends TIP-CAP Meetings, prepares agendas, minutes and emails. Keeps the TIP-CAP webpage up to date and assists in any other administrative duties as assigned for the committee. Reviews documents to determine how they will affect internal processing and determines appropriate course of action/response within assigned scope of authority. Plans, arranges and coordinates specific meetings, occasions, operations, meetings, presentations, conferences or other group events; anticipates needs, puts together the necessary components, combines various elements and ensures readiness in advance of the activity. Est. Unknown/Rev 1-9.19.2007/Rev 2-2.6.2014/Rev 3-10.01.2019 Rev 4- 10.2020 (formatting) Monitors final payment to the contractors and prepares projects for closeout. Monitors compliance of certificates of insurance, expiration dates of agreements, amendments, and task orders; notifies the Project Manager/Engineer prior to the expiration date. Monitors certificates of insurance, requesting updated certificates as needed. Provides a variety of clerical support to the Office Administrator, Engineering and Construction Manager, and County Engineer. Provides customer service at the front counter and answers department telephones and other tasks as needed. WORKING CONDITIONS: PC usage is frequent, and an incumbent must possess considerable knowledge and experience in the application/operation of software programs that go beyond ba sic word processing. Work may involve the development of moderately complex PC spreadsheets. Works indoors in a clean, climate-controlled workspace. Required to sit, talk, and hear; frequently required to use hands-to-finger, feel or handle writing utensils, computer, and office supplies which require repetitive arm, wrist, and hand movement; occasionally required to stand and reach; occasionally required to lift or move up to 25 pounds. The employee may be required to climb, balance, stoop, kneel, crouch, bend, or crawl. Specific vision abilities include close, distant, color, and peripheral vision, depth perception and to adjust focus. Position requires mental acuity to ensure thorough analysis of situations in a fast -paced environment. Employee is required to maintain confidentiality of information within the department. The employee may be required to deal with disgruntled individuals requiring the use of conflict management skills. Employee is frequently required to perform work in confidence and under pressure for deadlines, and is required to maintain professional composure and tact, patience, and courtesy at all times. QUALIFICATIONS: Knowledge of: • General office procedures: typing, filing, and answering phone. • Radio communication equipment. • Collecting and receipting monies. • General office machines. Ability to: • Administer and manage Public Works processes. • Deal effectively and courteously, orally and in writing, with the public and coworkers. • Use a computer for word processing, spreadsheets, and database. • Communicate via radio. • Keep abreast of changes in policies, programs, procedures, standards and regulations applicable to the department. EDUCATION AND EXPERIENCE (Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities required to perform the job) • Associate’s Degree in office support, general business, or another closely related field. Est. Unknown/Rev 1-9.19.2007/Rev 2-2.6.2014/Rev 3-10.01.2019 Rev 4- 10.2020 (formatting) • Three to four years of related work experience in an administrative support roll. (Previous public works experience preferred.) Licenses, Certificates and Other Requirements: • A valid Washington State Driver License. • Maintenance of current skills and additional training as needed. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination – Annually Smart Risk Management – Once Slip, Trip and Fall – Annually Safe Lifting Practices – Annually FEMA IS 100 and 700-Once REGULAR MONITORED DRIVER: No Additional job specific trainings may be issued at a later date. Guild Representative Signature of Approval: ____________________________________________ Date:_______________ Director Signature of Approval: ___________________________________________ Date:_______________ I have read and understand the above position description: Name:____________________________________ Date:________________ Signature:_____________________________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kell Rowen Ext. 286 Department Community Development: Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 14, 2023 Agenda Date: August 15, 2023 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: Interlocal Agreement (ILA) with the City of Shelton: 2025 Mason County and City of Shelton Comprehensive Plan Update. Background/Executive Summary: The City and County will be updating their respective Comprehensive Plans (comp plans) in accordance with the Washington State Department of Commerce 2025 Periodic Update Cycle and the requirements of RCW 36.70A (Growth Management Act/GMA). The City and County agree there would be economy of scale benefits in cooperating in preparing their comp plans, thereby reducing costs, and avoiding duplication of efforts. Budget Impact (amount, funding source, budget amendment): The City agrees to reimburse the County for 7.9% of expenses in accordance with the respective populations up to $29,999 from July 1, 2023-June 30, 2025 as identified in the ILA. Public Outreach (news release, community meeting, etc.): N/A with exception of Briefing and Action Agenda. Requested Action: Approval of the Interlocal Agreement (ILA) with the City of Shelton for the 2025 Mason County and City of Shelton Comprehensive Plan Update. Attachments: ILA Draft Version: 8/2/2023 JH/KR Page 1 of 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SHELTON AND MASON COUNTY, RELATED TO JOINT COMPREHENSIVE PLANNING FOR THE 2025 COMPREHENSIVE PLAN UPDATE THIS INTERLOCAL AGREEMENT is made and entered into this XX day of XXXXXX, 2023 between the City of Shelton, a State of Washington Municipal Corporation (“City”), and Mason County, a political subdivision of the State of Washington (“County”), hereafter “the Parties.” WHEREAS, the City and County will be updating their respective Comprehensive Plans (“Comp Plans”) in accordance with the Washington State Department of Commerce 2025 Periodic Update Cycle and the requirements of the Revised Code of Washington (RCW) 36.70A (“Growth Management Act” or “GMA”); and WHEREAS, the County and City have policies which promote mutual coordination for planning and economic development regionally, and there are a number of areas which the Parties agree there would be economy of scale benefits in cooperating in preparing their Comp Plans, thereby reducing costs and avoiding duplication of efforts; and WHEREAS, the County is prepared to provide technical assistance to support the City's planning efforts in the Shelton UGA. NOW THEREFORE, in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and County as follows: TERM. This agreement will continue through the end of 2025, through the adoption of both Parties’ Comp Plans, or through the end of billing by the County’s selected consultant for said work, whichever of these items is latest in time. PLAN ADOPTION PROCESSES. The Parties agree to conduct their respective plan adoption processes with an anticipated final completion date of June 30, 2025. The Parties agree to work together in good faith. The Parties agree to provide their own staff, consultants, and legal counsel for their respective processes. Any appeals of either Comprehensive Plan shall be the responsibility of the respective agencies. CALCULATION OF REIMBURSEMENTS. Where reimbursement is required under this Agreement, the City shall reimburse the County for 7.9% of its expenses in accordance with the Parties’ respective populations. AREAS OF COOPERATION WITH ASSOCIATED COST SHARING METHODS. 1. Data Collection and Population Projections; No Reimbursement The Parties shall collaborate on collecting data—including characteristics, trends, indicators, actuals, costs, and specific metrics—which needs to be collected for Shelton’s individual update, but also for Mason County as a whole. This data includes: population and demographic data, transportation data (including vehicle miles traveled, levels of service, state highway data, airport data), housing information, employment data, GIS data, and economic indicators. To support the use of consistent data and projections, the County will provide standardized data for the City to use. Any additional data specific to the City’s planning efforts and not collected by Mason County will be the sole responsibility of the City. Draft Version: 8/2/2023 JH/KR Page 2 of 4 2. Countywide Planning Policies; No Reimbursement The County shall be responsible for drafting and adopting Countywide Planning Policies (CPPs) in accordance with GMA requirements. 3. Shelton Urban Growth Area Planning; No Reimbursement The City of Shelton will likely seek to alter the boundaries of its established Urban Growth Area (UGA), by removing some areas that are unlikely to annex, and adding areas that are likely. Since the Shelton UGA is the future boundary of the City and is the water and sewer service area for the City’s utilities, the City shall bear the cost and responsibility of planning efforts in the area. The City shall provide a recommended future land use map, revised Comprehensive Plan policies, a revised zoning map for the Shelton UGA and amended development regulations as appropriate for consideration and adoption by the County Commissioners. 4. Housing Element; Population-Based Reimbursement Starting with the data collected for the County’s 2022 Regional Housing Needs Assessment, the County’s selected Consultant will develop a countywide housing element. The City shall reimburse the County 7.9% of these costs. After the initial housing needs and policy frameworks are established jointly, then the City will undertake its own application of the required housing provision using its specific land use policies with its own consultant. 5. Climate Change Element; Population-Based Reimbursement The County’s Multijurisdictional Multihazard Mitigation Plan, of which the City was a participant; shall provide the bulk of the newly-mandated Climate Element and required Resiliency subelement for the Comp Plans. Since Mason County is the lead agency for emergency management for the entire county, including the City of Shelton, the County shall lead in developing an initial draft of the Climate Element, which the City will refine separately for the City’s specific purposes and adoption thereafter. The City shall reimburse the County for 7.9% of its costs in creating the initial draft of the Climate Element. MEANS AND AMOUNT OF REIMBURSEMENT. The County’s selected consultant will bill the County for services rendered based on task order. The County will issue a quarterly invoice to the City based on this agreement; the City agrees to pay such invoice within 45 days of receipt. Should there be a dispute about the quality of the work in question or billing details, any undisputed portion of the invoice shall be paid while the Parties attempt to resolve the issues in question. The amount authorized for reimbursement under this Agreement shall not exceed $29,999 over the duration of the Agreement. OWNERSHIP AND USE OF WORK PRODUCT. Any and all documents, drawings, reports, and other work product produced by the County and its selected Consultant under this Agreement shall also become the property of the City upon payment of the County’s invoices. The City shall have the complete right to use and re-use such work product in any manner deemed appropriate by the City. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Draft Version: 8/2/2023 JH/KR Page 3 of 4 Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. RESOLUTION OF DISPUTES AND GOVERNING LAW. A. Should any dispute, misunderstanding, or conflict arise as to the terms and conditions contained in this Agreement, the matter shall be referred to the City’s Community & Economic Development Director and the County’s Community Development Director. The Directors shall determine the term or provision's true intent or meaning. The Directors shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the County under any of the provisions of this Agreement which cannot be resolved by the Directors’ determination in a reasonable time, the Parties agree to submit to binding arbitration. The Parties shall bear their own costs and fees for the arbitration, including attorney fees. WRITTEN NOTICE. All notices required to be given by either party to the other under this Agreement shall be in writing and shall be given in person or by mail to the addresses set forth below. Notice by mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, addressed as provided in this paragraph. MASON COUNTY CITY OF SHELTON Kell Rowen, Department of Community Development, Director Jae Hill, Community & Economic Development Director 615 W Alder St 525 W Cota St Shelton, WA 98584 (360) 427-9670 ext. 286 (360) 432-5176 KRowen@masoncountywa.gov jae.hill@sheltonwa.gov ENTIRE AGREEMENT. This Agreement represents the entire integrated agreement between the City and the County, superseding all prior negotiations, representations or agreements, written or oral. This Agreement may be modified, amended, or added to, only by approval of the Parties’ legislative bodies. If extending the duration of the Agreement only, the City and County Managers may mutually agree to such duration extension. Draft Version: 8/2/2023 JH/KR Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this Agreement this _____ day of ________, 2023. MASON COUNTY CITY OF SHELTON Signed Attested Approved to form Mason County Agenda Request Form To: Board of Mason County Commissioners From: Nichole Wilston Ext. 643 Department: Risk Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): August 14, 2023 Agenda Date: August 15, 2023 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☒ Risk ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: The following Mason County Officers, Employee’s and Volunteer(s) request for Defense & Indemnification coverage assigned by the County as named defendants in the case of Matthew Collett #172141, Case No. 3:23-CV-5654-RAJ-DWC United States District Court Case served upon them on August 7, 2023 via USPS: Kevin Hanson, Shane Schoeneberg, Randy Newell, Paula Blush. Background/Executive Summary: Per Ordinance No. 06-18, Mason County Policy and Procedure for Defense and Indemnity of Employees any officer, employee or volunteer who is subject to a claim for damages may request that Mason County authorize and provide the defense of the claim. The Board of County Commissioners shall authorize the payment for the defense and any nonpunitive monetary judgment awarded in the case as outlined in the Ordinance arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. Per Ordinance No. 06-18 Mason County reserves the right to pay punitive monetary judgments entered against any of the named defendant’s, until, and if, a judgment is awarded. Requested Action: Approval of the following Mason County Officers, Employee’s and Volunteer(s) request for Defense & Indemnification coverage assigned by the County as named defendants in the case of Matthew Collett #172141, Case No. 3:23-CV-5654-RAJ-DWC United States District Court Case served upon them on August 7, 2023 via USPS: Kevin Hanson, Shane Schoeneberg, Randy Newell, Paula Blush. Attachments: Matthew Collett #172141, Case No. 3:23-CV-5654-RAJ-DWC United States District Court Case on file with Clerk of the Board MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District KEVIN SHUTTY 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 Fax (360) 427-8437 August 15, 2023 The Honorable… ADDRESS CITY ZIP ETC. Re: Medicaid Inmate Exclusion Policy Dear Representative/Senator, On behalf of Mason County, we respectfully request your urgent support for bipartisan legislation that amends the Medicaid Inmate Exclusion Policy (MIEP). This harmful policy, outlined under Section 1905(a)(A) of the Social Security Act, makes no distinction between individuals housed in jails versus prisons, and thus unfairly denies or revokes federal health benefits for adults and juveniles that are being housed in local jails prior to conviction. These individuals, who are pending disposition, are still presumed innocent under the United States Constitution. The MIEP causes disruptions in primary and behavioral health care access for justice-involved populations that are enrolled in federal programs such as Medicaid, Medicare, or the Children’s Health Insurance Plan (CHIP). Not only does this discontinuity in care contribute to detrimental health outcomes for both individuals and their communities, but it also increases rates of jail recidivism. By contrast, uninterrupted health care helps those who enter the criminal justice system break the cycle of recidivism exacerbated by untreated physical and mental illnesses and substance use disorders. Across our nation, approximately 11 million people cycle in and out of local jails each year, 60 percent of which are pre-trial detainees. The number of individuals being detained pre-adjudication has grown tremendously in the past several decades and paralleled the number of individuals in local jails that are experiencing mental illness and serious mental illness, often with co -occurring substance use disorders. In Mason County, most detainees housed in our jails on any given day are pre-trial, and most require some level of behavioral health and substance use treatment. This isn’t exclusive to Mason County, our nation’s jails provide critical care to individuals with mental illness, who – without adequate community resources and continuous health care coverage – rely on the jail as de facto behavioral health hospitals and treatment facilities. Recent federal action has reinforced the importance of continuing care coordination for incarcerated individuals with behavioral health conditions as the FY 2023 omnibus appropriations bill included a provision to give states the option to continue Medicaid coverage for juveniles in pre -trial status. Additionally, the U.S. Department of Health and Human Services (HHS), through Centers for Medicare and Medicaid Services (CMS), released a guidance encouraging states to apply for a Medicaid section 1115 demonstration opportunity allowing incarcerated individuals to receive health services under Medicaid at least thirty (30) days pr ior to release from jail or prison. Right now, Congress can build on these significant policy advancements and pass bipartisan legislation that would greatly improve care coordination for those individuals suffering from mental health, substance use, and/or other chronic health conditions by allowing continued access to federal benefits such as Medicaid, Medicare, and CHIP for eligible pre -trial detainees in local jails. On behalf of Mason County, we urge you to support the following bills that would address MIEP: Item 8.16 • The Reentry Act (H.R. 2400/S. 1165), which would allow Medicaid payment for medical services furnished to an incarcerated individual during the 30-day period preceding the individual’s release. • The Due Process Continuity of Care Act (H.R. 3074/S. 971), which would allow pre-trial detainees to receive Medicaid benefits at the option of the state and provide planni ng grant dollars to states for implementation of the MIEP repeal. As we continue our work as county governments and local behavioral health providers to ensure better access to and the continuity of care in our communities, we recognize that these local efforts will be far more effective when carried out in partnership with state and federal counterparts. Thank you for your continued service to the people of Mason County, we hope to have your support in fostering better behavioral health outcomes through your support of this important, bipartisan policy change. Sincerely, Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice-Chair Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Kell Rowen Ext. 286 Department Community Development: Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): July 10, 2023 Agenda Date: July 18, 2023; August 15, 2023 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: Mason County Code Title 16 – Subdivisions & Plats and Title 17 – Zoning code amendments relating to the adoption of new County Road Standards and other minor amendments. Background/Executive Summary: Mason County Public Works has drafted Road Standards, to be adopted by the BOCC pursuant to RCW 36.86. For consistency, DCD is proposing amendments to relevant sections in Titles 16 and 17. In addition there are minor amendments being made to both Titles for clarification purposes. It is the intent of the Planning Department to bring forward minor text amendments to Titles 8, 15, 16 & 17 on a regular basis as necessary. Major text amendments to development regulations are expected to occur following the periodic review and adoption of the Comprehensive Plan, set to adopt in 2025 and then every 10 years thereafter. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): Staff and the Planning Advisory Commission held one public hearing which was advertised according to the notification requirements of Title 15.07.030. The public hearing with the BOCC is advertised in the Shelton- Mason County Journal and on the appropriate BOCC agenda located on the County homepage. Requested Action: Approval of the Ordinance adopting the proposed amendments to Titles 16 and 17 as outlined in Attachments A and B. Attachments: Ordinance, Attachments A and B, SEPA DNS, and 60-day Notice to Commerce. ORDINANCE NUMBER __________ AMENDMENTS TO MASON COUNTY CODE TITLE 16 & TITLE 17 ORDINANCE amending Mason County Code (MCC) Title 16 – Plats & Subdivisions and Title 17 – Zoning Code related to county road standards and other minor amendments. WHEREAS, under the authority of the Washington State Growth Management Act (GMA) (RCW 36.70A) Mason County is taking legislative action to revise its development regulations; and WHEREAS, the Mason County Public Works department is updating the County’s Road Standards effecting amendments to Titles 16 and 17; and WHEREAS, additional minor amendments were also needed in Titles 16 and 17; and WHEREAS, on June 26, 2023 the Mason County Planning Advisory Commission held a public hearing to consider the amendments and passed a motion to recommend approval of said amendments; and WHEREAS, the Board of County Commissioners considered the proposed amendments at a duly advertised public hearing on August 15, 2023; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment s to Title 16 and 17 complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the MCC, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the MCC Title 16 and 17 as described in Attachment A and B. 2 DATED this ____ day of _____________ 2023. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief DPA BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ Sharon Trask, Chair ____________________________________ Kevin Shutty, Commissioner ____________________________________ Randy Neatherlin, Commissioner Attachment A Mason County, Washington, Code of Ordinances Created: 2023-04-05 09:20:18 [EST] (Supp. No. 62-2-23) Page 1 of 12 Chapter 16.28 DESIGN STANDARDS Sections: 16.28.020 Streets—Conformity with comprehensive plan. The alignment of major streets shall conform as nearly as possible with that shown on the comprehensive plan. All streets shall conform to the policies in the comprehensive plan or other development plans and land control ordinances as may be adopted by the board. (Ord. 03-96 § 5 (part): Res. dated 7/1/74 (part): Res. dated 12/20/71 (part): Res. 32 § 7.02, 1969). 16.28.030 Streets—Relation to adjoining street systems. The layout of streets shall provide for the continuation of principal streets existing in adjoining subdivisions. When adjoining property is not subdivided, principal streets in the proposed plat shal l provide access to such unplatted property when necessary. (Res. dated 7/1/74 (part): Res. dated 12/20/71 (part): Res. 32 § 7.03, 1969). 16.28.040 Streets—Private. Private streets and roads may be allowed but they must conform to the current road standards as adopted by the board. (Ord. 72-91 (part), 1991: Res. dated 7/1/74 (part): Res. dated 12/20/71 (part): Res. 32 § 7.04, 1969). 16.28.050 Streets—Dead-end. Streets designed to have one end permanently closed or in the form of a cul-de-sac shall be provided at the closed end with a turn-around having a minimum right-of-way radius of not less than fifty feet. Temporary culs-de- sac may be required at temporary street endings until such streets are extended. (Res. dated 7/1/74 (part): Res. dated 12/20/71 (part): Res. 32 § 7.05, 1969). 16.28.060 Streets—Intersection. Street intersections shall be as nearly at right angles as is practicable. Street jogs with offsets of less than one hundred twenty-five feet shall be avoided. (Res. dated 7/1/74 (part): Res. dated 12/20/71 (part): Res. 32 § 7.06, 1969). 16.28.070 Streets—Grades. Streets shall generally follow contour lines. Grades shall be not less than one-half of one percent on any streets, and not more than the percent as specified in Section 16.28.080. Created: 2023-04-05 09:20:18 [EST] (Supp. No. 62-2-23) Page 2 of 12 (Res. dated 7/1/74 (part): Res. dated 12/20/71 (part): Res. 32 § 7.07, 1969). 16.28.080 Streets—Specific requirements. Platters Applicants shall be required to comply with regulations as established by the county engineer relating to construction and design standards of roads and streets and in accordance with current statutes as adopted by the board of county commissioners.Chapter 16.48. (Res. dated 7/1/74 (part): Res. dated 12/20/71 (part): Res. 32 § 7.08, 1969). 16.28.090 Streets—One-way. One-way streets are allowed only with specific approval of the county engineer and hearing examiner. (Ord. 106-04 Att. B (part), 2004: Res. dated 7/1/74 (part): Res. dated 12/20/71 (part): Res. 32 § 7.10, 1969). Chapter 16.38 LARGE LOT SUBDIVISIONS Sections: 16.38.022 RoadsReserved. (a) Roads shall be designed with appropriate consideration for existing and projected roads, anticipated tra ffic patterns, topographic and surface water drainage conditions, public convenience and safety, and the proposed uses of the land served. (b) If the road is ever to be considered for county maintenance then it will need to be designed to county subdivision standards. When the county is petitioned to take over the road, it must be constructed to these standards. (c) Because of the requirement that proposed lots shall not have direct access to any county arterial road, all lots shall be serviced with an internal roadway system when located adjacent to arterial and collector roads. When factors such as traffic, physical constraints, or location of critical area are present, this provision on access may be modified (more than one access point allowed) upon the approval of the administrator. (d) Road approach permit(s) for that access onto a county or state right-of-way shall be secured prior to approval of large lot subdivisions. (e) Roads shall be constructed so as to minimize disruption of the natural water flow which occurred prior to the road construction. Where it is necessary to collect surface water, concentration and collection points and paths shall be located and constructed to restore the original drainage as nearly as possible. (f) When there is a reasonable potential for future development within a large lot subdivision, or an easement through the property within the large lot subdivision accessing other unrelated property exists, the public works director and/or planning department may, on a case by case basis, recommend to the administrator that higher road classification standards be required as delineated in the requirements for subd ivisions. The administrator shall have final approval of such increased standards. Conversely, the public works director and/or planning department may recommend lower road standards when such action would better serve the general public interest. The administrator shall have final approval of such decreased standards. Created: 2023-04-05 09:20:19 [EST] (Supp. No. 62-2-23) Page 3 of 12 Additionally, the developer may proposed roadway design standards that differ from those in Diagrams 16.38.031(A) or (B) of this chapter. These proposed standards shall be reviewed by the pu blic works department and the planning department, and appropriate recommendations shall be given to the administrator. The administrator shall have final approval of all developer proposed roadway design standards. (g) Intersections shall be as nearly at right angles as is practicable, but in no case less than seventy-five degrees or more than one hundred five degrees. (h) All work must be inspected and approved by the public works director or designee before successive elements are begun. The director shall be notified in advance of all operations so as to afford adequate opportunity to inspect each element. Any work accomplished without adequate advance notice to and approval by the director may be rejected until proof satisfactory to the director has been produced. All costs of determining the suitability of work so rejected and later submitted for approval shall be borne by the developer and shall be in addition to all other fees and inspection charges. (i) All private roads constructed for any reason prior to the initiation of these procedures shall be subject to all the requirements herein when application for large lot subdivision is sought. (j) The minimum width of public or private right-of-ways shall be sixty feet, plus any other additional width needed to include all cut and fill slopes. The right-of-way width may be reduced to forty feet upon recommendation of the planning department and/or public works department and approval of the administrator. (k) The administrator, upon recommendation of the public works director and/or planning department, may on a case by case basis require that designed and engineered roa ds be constructed. This would be based upon the potential for problems occurring from under-designed, non-engineered roads in potentially unstable areas (i.e. steep slopes seventeen percent or greater, unstable slopes, frequently flooded areas, wetlands, etc.). (Ord. 106-04 Att. B (part), 2004: Ord. 34-04 Attach. B (part), 2004). 16.38.031 RoadsReserved. (a) Private roads (roads not established by the board of county commissioner as public roads to be maintained by the county) shall be constructed, ballasted, and surfaced to meet the minimum roadway design standards as prescribed in Diagrams 16.38.031(A) and 16.38.031(B). (b) Public roads (roads to be dedicated, and maintained by the county), shall be constructed, ballasted, and surfaced in accordance with the design standards and specifications for plat roads. (c) All culverts shall be sized adequately to accommodate runoff a nd to facilitate cleaning and maintenance (eighteen inch minimum diameter for cross-culverts, twelve inch minimum diameter for access driveways). In critical situations, the director of public works may on a case-by-case basis require submission of a hydrologic survey of the drainage area for the proposed culvert. Culverts shall be constructed of reinforced concrete, corrugated aluminum, or galvanized corrugated steel or equivalent. The director of public works may, on a case-by-case basis, require that in locations where corrosive soil or water may be present, that culverts be coated with asphalt. (d) All bridges shall be designed by a professional structural engineer and shall be subject to design review and approval by the public works director. Minimum width of all bridges shall be twenty-six feet. Design load shall be AASHTO HS-20. (Ord. 106-04 Att. B (part), 2004: Ord. 44-91 (part), 1991). Created: 2023-04-05 09:20:19 [EST] (Supp. No. 62-2-23) Page 4 of 12 Diagram 16.38.031(A) Diagram 16.38.031(B) Title 16 - PLATS AND SUBDIVISIONS* Chapter 16.48 DESIGN STANDARDS AND SPECIFICATIONS FOR PLAT ROADS Mason County, Washington, Code of Ordinances Created: 2023-04-05 09:20:20 [EST] (Supp. No. 62-2-23) Page 5 of 12 Chapter 16.48 DESIGN STANDARDS AND SPECIFICATIONS FOR PLAT ROADSMason County Road Standards Sections: 16.48.010 General requirementsMason County Road Standards. The Mason County Road Standards, to be known as the “road standards”, are set forth in Section 12.04.030 Mason County Code and shall apply to Title 16 and Title 17 Mason County Code. If any conflict arises between Title 16 and Title 17 of Mason County Code and Section 12.04.030 Mason County Code, Section 12.04.030 shall control. A plan and profile of the proposed road, showing the following data, shall be submitted to the public works director for approval prior to construction. (a) Plan. The plan drawing(s) shall show: (1) Road alignment in stations of one-hundred foot intervals; (2) Bearings of the roadway centerline and a North arrow; (3) Curve data on all horizontal curves; (4) Right-of-way lines and widths for all roads and streets; (5) Topography within the right-of-way limits, including location of all utilities; (6) Contour lines at intervals of five feet for rolling and mountainous terrain, and two feet for flat terrain; (7) Labels or names on all streets and adjoining subdivisions; (8) Typical of roadway sections of proposed roads; (9) Bridge plans, if applicable; (10) All natural flow and proposed drainage structures and flow direction, together with such controls, holding basins or other design features necessary; (11) All critical areas (wetlands, streams, slopes, slide areas, frequently flooded areas, and aquifer recharge areas; (12) Scale of map; suggested scale is one inch equals one hundred feet or one inch equals fifty inches. (b) Profile. The profile of the roadway centerline shall show: (1) The original ground line at the centerline of the new roadway; (2) Stationing in intervals of one hundred feet; (3) Control elevation on the border of the sheet; (4) Gradients in percent and vertical curve data; (5) Datum source used and all bench mark elevations; Created: 2023-04-05 09:20:19 [EST] (Supp. No. 62-2-23) Page 6 of 12 (6) Profile scale shall be vertical one inch equals ten feet, horizontal one inch equals one hundred feet; or vertical one inch equals five feet, horizontal one inch equals fifty feet. Note: Profile scale shall be a ten to one ratio, horizontal to vertical. Plan and profile sheets shall be submitted on twenty-four inch by thirty-six inch sheets, or twenty-four inch by eighteen inches. (Ord. 72-91 (part), 1991). 16.48.020 Classification of roadway. (a) As used in this chapter: (1) "County arterial" means a county road primarily serving through traffic to, from and between principal population, commercial or industrial areas; such arterial routes are designated on the county's arterial system, such "county arterials" may be "major arterials," "secondary arterials" or "collector arterials"; these terms are not to be confused with the classification of streets within the plat below the grade of "county arterial." (2) "Primary collector" means a road or street that carries traffic from secondary collectors, local access and marginal access roads or streets to the major system of arterial streets and highways. Generally, primary collectors will serve an area containing more than one hundred lots. (3) "Secondary collector" means a road or street that carries traffic from local access and marginal access roads or streets to the major collectors. Generally, secondary collectors will serve areas containing more than twenty-five and less than one hundred lots. (4) "Local access road or street" means a road or street that serves primarily a limited number of abutting properties. Generally, local access roads or streets will serve twenty -five or fewer lots. (b) Note: The probability and possibility of future function of street will be of prime importance in establishing classifications. Local access roads or streets and secondary collectors shall be used primarily to serve lots within the subdivision and not afford possibility of extension. (Ord. 72-91 (part), 1991). (Ord. No. 35-19, Exh. A, 4-23-2019) 16.48.030 020 Specific requirements. (a) The alignment of all major streets shall conform as nearly as possible with that shown on the comprehensive plan. All streets shall conform to the policies in the comprehensive plan or other development plans and land control ordinances as may be adopted by the board. (b) The layout of streets shall provide for the continuation of principal streets existing in adjoining subdivisions. When adjoining property is not subdivided, principal streets in the proposed plat shall provide access to sduch unplatted property when necessary. (ac) When a subdivision road intersects a county road or a state highway, an approved road -access permit issued by the department of public works or the Washington State Department of Transportation shall be required. (b) Roads shall be constructed so as to minimize disruption of the natu ral water flow which occurred prior to the road construction. Where it is necessary to collect surface water, concentration and collection points and paths shall be located and constructed to restore the original drainage as nearly as possible. Created: 2023-04-05 09:20:20 [EST] (Supp. No. 62-2-23) Page 7 of 12 (cd) Evidence of a recorded maintenance agreement shall be provided for private roads. This agreement shall run with the land and shall describe levels of maintenance, management powers and enforcement provisions. The enforcement provisions shall provide adequate means to assure that the intent of the agreement is complied with by the road maintenance administrators and the property owners. (d) Intersections shall be as nearly at right angles as is practicable, but not less than seventy -five degrees or more than one hundred five degrees. Jogs with offsets of less than one hundred twenty -five feet shall be avoided. (e) All construction, except as modified herein, shall conform to the Washington State Department of Transportation's Standard Specifications for Roads, Bridges and Municipal Construction, and all subsequent amendments thereto. (f) When a reasonable potential for future development within a subdivision or an easement through the property accessing other unrelated property exists, the public works director and/or hearing examiner may, at the time of preliminary plat approval, impose higher road classification standards to accommodate future growth potential. Conversely, the public works director and/or hearing examiner may, at the time of preliminary plat approval, assign lower road classification standards when such action would better serve the general public interest. 16.48.030 – Private Roads (a) All private roads shall conform to the current road standards as adopted by the board. (g) Traffic signs, warning and regulatory, as required by the public works director and in conformity with the Manual for Uniform Traffic Control Devices, current edition, shall be provided. Informational signs shall not be allowed within the right-of-way of the road. (h) All work must be inspected and approved by the public works director before successive elements of construction are begun. The director shall be notified in advance of all operations so as to afford adequate opportunity to inspect each element. Any work accomplished without adequate advance notice to and approval by the director may be rejected until proof satisfactory to the director has been produced. All costs of determining the suitability of work so rejected and later submitted for approv al shall be borne by the developer and shall be in addition to all other fees and inspection charges. (ib) All private roads constructed for any reason prior to the initiation of the platting procedures shall be subject to all the requirements herein when application is sought. (c) Roads will not be maintained by the county unless such roads have been improved to current county road standards and have been accepted into the county road system. (Ord. 106-04 Att. B (part), 2004: Ord. 72-91 (part), 1991). 16.48.040 Basic requirements. This section specifies the minimum standards for the construction of roads in subdivisions approved after June 25, 1991 in Mason County. Such roads shall be constructed according to their classification or potential classification: county arterial, primary collector, secondary collector, and local access road or street. Table 16.48.040 Horizontal Curves—Max. Degree/Min. Rad. Classification Local Access Secondary Collector Primary Collector County Arterial Flat terrain 26*/220′ 20*/287′ 10*/573′ 7*819′ Rolling terrain 38*/150′ 26*/220′ 15*/382′ 10*/573′ Created: 2023-04-05 09:20:20 [EST] (Supp. No. 62-2-23) Page 8 of 12 Mountainous 38*/150′ 38*/150′ 23*/249′ 20*/287′ Superelevation 0.03 ft/ft 0.05 ft/ft 0.06 ft/ft 0.08 ft/ft Crown 0.03 ft/ft 0.03 ft/ft 0.03 ft/ft 0.03 ft/ft * Degree of centerline curvature Gradient—Maximum Percent Classification Local Access Secondary Collector Primary Collector County Arterial Flat terrain 10% 8% 6% 6% Rolling terrain 12% 10% 8% 8% Mountainous 12% 12% 10% 10% Bridges (see Note 1) Classification Local Access Secondary Collector Primary Collector County Arterial Clear width, minimum 26 ft 28 ft 30 ft (shoulder width) Design load AASHTO HS-20 HS-20 HS-20 HS-20 All bridges shall be of permanent-type construction Pavement (see Notes 2a, 3 and 4) Classification Local Access Secondary Collector Primary Collector County Arterial Width, min. ft. 20 20 22 22 Type, minimum BST Cl. "A" 3-coat BST Cl. "A" 3-coat BST Cl. "A" 3-coat BST Cl. "A" 3-coat Stopping Sight Distance Min./MPH Classification Local Access Secondary Collector Primary Collector County Arterial Flat terrain 200/30 250/35 325/40 425/45 Rolling terrain 160/25 200/30 250/35 325/40 Mountainous terrain 120/20 160/25 200/30 250/35 Road Bed Shoulder to Shoulder Width (see Note 2, 3 and 4) Classification Local Access Secondary Collector Primary Collector County Arterial Unpaved (see Note 5) 27 ft 29 ft 31 ft 35 ft Paved (see Note 5) 26 ft 28 ft 30 ft 34 ft Compacted gravel base 6″ 6″ 6″ 9″ Created: 2023-04-05 09:20:20 [EST] (Supp. No. 62-2-23) Page 9 of 12 Crushed surf. min. top crs. 2″ 2″ 2″ 2″ Right-of-way minimum (see Note 6) 40′ 60′ 60′ 80′ Slopes—Steepest Allowable (see Notes 2b, 2c and 7) Classification Local Access Secondary Collector Primary Collector County Arterial Downslope in cut Section (ditch cut) 3:1 3:1 3:1 3:1 Downslope in fill section 11/2:1 11/2:1 11/2:1 11/2:1 Backslope in cut 1:1 1:1 11/2:1 11/2:1 Side Ditches—Minimum (see Note 8) Classification Local Access Secondary Collector Primary Collector County Arterial Depth below finished shoulder 2′ 2′ 2′ 2′ Cul-de-Sac Classification Local Access Secondary Collector Primary Collector County Arterial Pavement diameter 54′ 54′ Roadway diameter (paved) 60′ 60′ not allowed not allowed Roadway diameter (unpaved) 62′ 62′ not allowed not allowed Right-of-way diam. ft. 100 100 Maximum slope (grade) 3% 3% 3% 3% Intersections Classification Local Access Secondary Collector Primary Collector County Arterial Minimum angle, deg. 75 75 75 75 Minimum shoulder rad. 20′ 20′ 30′ 55′ Minimum R/W radius 30′ 30′ 40′ 70′ Culverts Created: 2023-04-05 09:20:20 [EST] (Supp. No. 62-2-23) Page 10 of 12 All culverts shall be sized adequately to accommodate runoff and to facilitate cleaning and maintenance (18′ minimum diameter for cross-culverts, 12″ minimum diameter for access driveways). In critical situations, the director of public works may require submission of a hydrologic survey of the drainage area for the proposed culvert. Culverts shall be constructed of reinforced concrete, corrugated aluminum, galvanized corrugated steel, or equivalent. The director of public works may require that in locatio ns where corrosive soil or water may be present, that the culvert be coated with asphalt. Notes: 1. All bridges shall have a minimum clear width between curbs equal to or greater than the finished shoulder width of the adjacent roadway. All bridges shall be designed by a professional structural engineer and shall be subject to design review and approval by the director of public works. 2. (a) Roadbed on all curves sharper than ten degrees and flatter than ten degrees and flatter than fifteen degrees shall be widened two feet. Curves of fifteen degrees and over shall be widened three feet. Widening shall be added to the inside edge of the curve. (b) All fills less than three feet in height from toe to shoulder shall be no steeper than three feet horizontal to one foot vertical (3:1); fills three to ten feet shall be widened one foot on each shoulder; fills over ten feet shall be widened two feet on each shoulder. (c) Cuts of less than five feet above the shoulder shall be sloped at two to one (2:1). 3. (a) When required, bituminous surface treatment shall be applied as follows: Two coats initially and a third coat the following year (see specifications for seasonal restrictions). (b) In lieu of three-coat BST, the application of one and one-half inches compacted thickness of asphaltic concrete Class B may be substituted, laid on compacted two inches top course without prime coat. 4. Private roads serving subdivisions with a total of five to twenty-five lots or parcels may not be required to provided pavement. 5. (a) Minimum shoulder widths will be, in each case, dictated by anticipated traffic demands and county standards for arterials. (b) County "arterial" standards will be required for all arterial routes for which construction or reconstruction is necessitated by the proposed division. Minimum stipulated right -of-way widths will be required in all instances. 6. Right-of-way shall contain all cut-and-fill slopes; exceptions may be permitted when coordinated with site grading. 7. Backslopes may be steepened if actual soil tests conclusively indicate that material will conform permanently to a steeper slope. Slopes must be flattened as required to prevent erosion, caving and slumping. 8. Side drainage ditches on steep grades will require special analysis and may require special design and construction to prevent erosion and/or flooding. (Ord. 72-91 (part), 1991). Chapter 17.35 NEIGHBORHOOD DESIGN IN THE BELFAIR UGA Created: 2023-04-05 09:20:32 [EST] (Supp. No. 62-2-23) Page 11 of 12 17.35.020 Standards. The following standards apply to all residential subdivisions and development unless otherwise noted: (1) Reserved. (2) Single family and driveway design. The following standards apply to new developments with more than four lots; (A) Design driveways with minimum amounts of impervious surface and minimum presence on the street to retain green-space and reduce surface water runoff. Driveways must meet the following standards: (i) Driveways and vehicle circulation pavements shall be the minimum size, necessary to accommodate vehicle storage and circulation. The county may require that pavement dimensions be modified to reduce impervious surface. Applicants are encouraged to use pervious materials, where feasible, such as split pavements with lawns or unit pavers in the center of the driveway, (B) Design homes that minimize the impact of garages on the street and enhance the sense of neighborhood. Specifically: (i) All homes should include a porch or covered entry facing the street, (ii) Garages visible from the street shall be setback at least five feet further than the front wall of the house facing the street; (3) Street Network. The following standards apply to new developments with more than four lots: (A) The street pattern for new residential development shall emphasize a connected network of streets rather than long irregular loops with dead-ends and cul-de-sacs. Such a network will provide better traffic flows, orientation, and shorter trips through the neighborhood. Intersections should occur at no more than four hundred foot intervals; (B) The street pattern should be adjusted for existing topography and other natural features, while maintaining interconnections and function; (C) Streets should interconnect neighborhoods; (D) Allow for future connections where topography permits a street to be extended in the future; (E) Consider alleys in the design of a street system—which have proven useful in reducing on-street parking pressure and pedestrian/driveway conflicts. Alleys are also the most appropriate location for utilities and other service facilities. Alleys also enhance the appearance of the street since garages will be located at the rear of homes; (4) Street Design. The following standards are consistent with the American Association of State Highway Transportation Officials (AASHTO) Green Book and apply to all public streets in residential areas with traffic volumes less than four thousand average daily traffic and speeds less than thirty mph: (A) Residential streets shall be designed per Table 4the road standards; Table 4 Residential street design standards LOCAL NEIGHBORHOOD STREETS Created: 2023-04-05 09:20:32 [EST] (Supp. No. 62-2-23) Page 12 of 12 Classification Primary Collector Secondary or Sub-Collector Access Street Characteristics Principal collector within residential areas. Conveys traffic from arterials to lower order streets. Collectors are often key streets for bicycle access. Conveys traffic from collectors to access streets. Carries very little or no through traffic. Usual Average Daily Traffic 1,000-3,000 400-1,000 0-400 Lane Configuration At least two 12′ lanes and two 5′ shoulders. 8′ parking lanes and/or 5′ bicycle lanes are desirable. Two 11′ travel lanes (accommodating two lanes of traffic) and two 4′shoulders. 8′ parking lanes; or two 10′ travel lanes and one 8′ parking lane are desirable. Two 11′ travel lanes (accommodating two lanes of traffic) and two 2′ shoulders. 6′ or 7′ parking lanes or shoulders are desirable. May go to 10′ lanes. Curb to Curb Width 34′ 30′ 24′-26′ Recommend R.O.W. Including Sidewalks on Both Sides 60′ 50′ 40′ Level Design Speed 30 mph 20 mph 20 mph Range of Desirable Centerline Curb Radius 300′-500′ 150′-300′ 100′-150′ Sidewalks or Separated Paths 5′ sidewalk on at least side 5′ on at least one side 5′ on at least one side (B) The county may approve an alternative street design where the applicant can demonstrate that such alternative design achieves the following: (i) Enhances safety for pedestrians and vehicles, (ii) Provides durable construction but reduces environmental impacts (i.e., less impervious surface), (iii) Street design is appropriate for site given existing topography and vegetation, (iv) Street design is consistent with the purpose of this section and is sufficient to accommodate the projected traffic; (5) Sidewalks and Trails. The following standards apply to all new residential development with more than four lots unless otherwise noted: (A) New development should be integrated with, and expand Belfair's system of community -wide trails (see Figure 6); (B) Sidewalks or pathways should be provided along public streets per Table 4 abovethe road standards; Attachment B Mason County, Washington, Code of Ordinances Created: 2023-05-24 11:42:57 [EST] (Supp. No. 63, 5-23, Update 1) Page 1 of 5 16.38.015 Procedure—Application content. Applications for approval of large lot subdivisions shall contain: (1) Ten Five copies of the large lot plat showing the entire contiguous tract owned or being purchased by the applicant which shall show: (A) Names of any adjacent subdivision; (B) Lines marking the boundaries and dimensions of proposed lots; (C) Location of road right-of-way within or adjacent to the tract, and easements within the tract which are to be used for ingress and egress for road and utility purposes; (D) Contour lines of sufficient interval to show the topography of the entire tract may be required by the administrator, on a case-by-case basis, based on environmental and/or geologic conditions. Such contour lines shall include lines that extend at least one hundred feet beyond the tract boundaries; (E) All private roads and/or easements shall be designated private and printed on the face of the plat; (F) Date, scale and North arrow; (G) Vicinity map; (2) Legal description of the original tract held under single or unified ownership or which the owner holds controlling interest; (3) The name, and address and phone number of the owner or owners of the said tract(s); (4) Survey by a registered land surveyor of the lots within the large lot subdivision. Survey can be submitted after administrators approval and prior to recording; (5) Title report; (6) Boundary closures for all lots; (7) Names and addresses of all landowners within three hundred feet of the proposed large lot division boundaries (unless SEPA exempt). 16.40.041 Decision criteria. The review authority shall approve an application for a boundary line adjustment provided the following criteria are met: (1) The lots or parcels resulting after the boundary line adjustment shall meet all dimensional requirements specified for the applicable zone as set forth in the approved Title 17 and, if ap plicable, Chapter 8.52. (A) Boundary line adjustments in residentially zone property must meet the requirements of minimum and maximum lot sizes, as set forth in the approved Title 17, unless already legally non- conforming. (2) No lot, use, or structure is made nonconforming or more nonconforming than that which existed at the time of application, and subject to the provisions of the approved Title 17 and, if applicable, Chapter 8.52. Attachment B Mason County, Washington, Code of Ordinances Created: 2023-05-24 11:42:57 [EST] (Supp. No. 63, 5-23, Update 1) Page 2 of 5 (3) Will not diminish or impair existing or future drainage, water sup ply, sanitary sewage disposal (including on-site sewage disposal) or legal access. (4) All boundary line adjustments shall not result in any of the following: (A) Shall not result in the creation of any additional lot, tract, parcel, site, or division. (B) Shall not be reconfigured or adjusted in a way in which would render access for vehicles, utilities, fire protection, or existing easements impractical to serve their purpose. (5) A boundary line adjustment which includes out lots may be approved, provided that such tracts are intended for and restricted by covenant to a specified accessory use, such as for stormwater management, common area playground, or open space. 17.03.021 Cottage industries. Unless listed in Figure 17.03.021, any use is permitted, subject to department review, in any development area as a home-based occupation, or as a cottage industry. The activity shall be required to obtain a special use permit unless it complies with the following standards: (1) On-site parking shall be accommodated for up to ten vehicles for residents, customers and employees; any provision for additional parking shall require a special use permit; (2) The outdoor storage of merchandise or materials is a llowed if they are not visible to the public from off the site; (3) A cottage industry shall involve the owner or lessee of the property who shall reside within the dwelling unit, and shall not employ on the premises more than five nonresidents. A tempora ry increase in the number of employees is permitted to accommodate a business that is seasonal in nature. However, not more than five additional persons shall be employed on a temporary basis (up to six weeks) without a special use permit; (4) More than one business may be allowed, in or on the same premises provided that all of the criteria are met for all business combined; (5) There shall be no alterations to the outside appearance of the buildings or premises that are not consistent with the residential use of the property, or other visible evidence of the conduct of such cottage industry, other than one sign no larger than twelve square feet; (6) No equipment or process shall be used in such home occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the property; (7) The cottage industry shall not create an increase of five percent or more in local traffic. MASON COUNTY USES PROHIBITED AS COTTAGE INDUSTRIES FIGURE 17.03.021 Prohibited Cottage Industry Use Airport Assisted living facility Automobile service station Automobile wash Automobile, sales Attachment B Mason County, Washington, Code of Ordinances Created: 2023-05-24 11:42:57 [EST] (Supp. No. 63, 5-23, Update 1) Page 3 of 5 Banks Billiard hall and pool hall Boat yards Bowling alley Buy-back recycling center Campgrounds Cemeteries Child day care, commercial Non-profit club or lodge, private Department stores Drug stores Dry cleaners Fire stations Food markets and grocery stores Freight terminal, truck Gravel extraction Hardware stores Health club Heavy industry Hotel Libraries Liquor stores Lumber yards Marina Mining Mobile home sales Mortuaries Motel Motor vehicle impound yards Paint shop Plumbing supply yards Post office, distribution center or terminal Public utility service yard Rail-dependent uses Recreational vehicle park Recreational vehicle repair Recreational storage (vehicles, boats, etc.) Restaurant Restaurants, drive-through Rifle range Self-service storage facility Taverns Theaters, enclosed Trailer-mix concrete plant (resource-dependent use) Wrecking/junk yards Attachment B Mason County, Washington, Code of Ordinances Created: 2023-05-24 11:42:57 [EST] (Supp. No. 63, 5-23, Update 1) Page 4 of 5 Article II. Rural Commercial 2 (RC 2) 17.04.332 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant, vehicle and equipment repair and maintena nce (automotive, truck, farm implement, and small engines), small office, laundry, professional services, public meeting space, nursery, post office/fire station, church, local community and recreation centers, commercial/government operated day care, single-family residential. (b) Uses Permitted with Special Use Permit. Gas, self-storage (section 17.04.334 does not apply). 17.04.334 Building regulations. (a) Size. Maximum of four thousand five hundred square feet for single tenant and seven thousand five hundred square feet for multiple tenants; no maximum for dwellings. Does not apply to self-storage (b) Height. Not to exceed thirty-five feet maximum except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise complaint permitted land use. Article III. Rural Commercial 3 (RC 3) 17.04.342 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant, small office, laundry, professional services, personal services, public meeting space, nursery, public facilities - post office/fire station/fish hatchery/library/ranger station, church, local community and recreation centers, lodging facilities, including motels, RV parks, campgrounds and bed and breakfast, marina - sales, service and storage, auto service and repair, medical/dental clinic, animal clinic, winery, commercial/government operated day care, and single-family residential and single-family accessory use. (b) Uses Permitted with Special Use Permit. Gas, self-storage, recreational storage. (c) Other Uses. Uses not explicitly enumerated in this section, but closely similar thereto, are determine d by the administrator. 17.17.006 Marijuana producer licensees. Marijuana grow operations, known as producers, are measured by their plant canopy. This is the square footage dedicated to live plant production, such as maintaining mother plants, propagatin g plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc. Production operations are categorized by the state in the amount of actual square footage in their premises that will be designated as plant canopy. There are three categories as follows: Tier 1 - Less than two thousand square feet; Tier 2 - Two thousand square feet to ten thousand squa re feet; and Created: 2023-05-24 11:42:54 [EST] (Supp. No. 63, 5-23, Update 1) Page 5 of 5 Tier 3 - Ten thousand square feet to thirty thousand square feet. Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in non -rigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdo or producers must meet security requirements described in WAC 314-55-083. Licensed INDOOR and OUTDOOR marijuana producers are permitted within the following nonresidential zoning districts, subject to the restrictions of all currently adopted codes and or dinances. (a) Rural commercial 2 (RC 2) (chapter 17.04, div. II, art. 2); (b) Rural commercial 3 (RC 3) (chapter 17.04, div. II, art. 3); (c) Rural commercial 4 (RC 4) (chapter 17.04, div. II, Art. 4); (d) Rural commercial 5 (RC 5) (chapter 17.04, div. II, art. 5); (e) Rural industrial (RI) (chapter 17.04, div. III) (f) Rural natural resource (RNR) (chapter 17.04, div. IV); (g) Low intensity mixed use (MU} - Shelton UGA (chapter 17.07, art. 2); (h) General commercial (GC) - Shelton UGA (chapter 17.07, art. 3); (i) Commercial-industrial (CI) - Shelton UGA (chapter 17.07, art. 4); (j) Airport industrial (AI); subject to all codes, covenants, and restrictions of the Port of Shelton - Shelton UGA (chapter 17.07, art. 5); (k) Industrial (I) - Shelton UGA (chapter 17.07, art. 6); (l) Highway commercial district (HC) - Allyn UGA (chapter 17.12, art. 3); (m) Business park (BP) - Allyn UGA (chapter 17.12, art. 4); (n) Mixed use (MU) - Belfair UGA (section 17.23.120); (o) General commercial (GC) - Belfair UGA (chapter 17.24); (p) Business industrial (BI)) - Belfair UGA (chapter 17.24). Licensed INDOOR producers are permitted within the rural residential districts subject to following restrictions. Tier Level I Minimum five acres Tier Level II Minimum ten acres Tier Level III Minimum ten acres Licensed indoor producers in rural residential 2.5 and 5 must obtain a special use permit and be on five acres or larger. Outdoor production is prohibited in all rural residential districts. Licensed indoor producers are permitted within the rural residential 10 and 20 districts on parcels five acres or larger; and all structures are required to meet the building regulations for floor area ratio, size, and height of non-agricultural and accessory buildings for each respective zoning district. Licensed indoor producers in rural residential 5 must obtain a special use permit. Outdoor production is prohibited in all rural residential districts. Page: 1 MASON COUNTY Planning Division of Community Development 615 W. Alder St. Bldg. 8, Shelton, WA 98584 360-427-9670 ext 352 SEPA DETERMINATION OF NON-SIGNIFANCE (DNS) Permit #:SEP2023-00039 Project Name: Project Description Adopting County Road Standards Location:100 W PUBLIC WORKS DR Parcel Number: 420021000010 Proponent:LEGACY UNKNOWN Lead Agency: Mason County Lead Agency Contact:Kell Rowen 360-427-9670 ext. 352 Comment Deadline 06/29/2023 The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept of Community Development, 615 W Alder St, Shelton, WA 98584 by the comment deadline. Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals Authorized Local Government Official Date 06/20/2023 Ms. Kell Rowen Community Development Director Mason County 411 N 5th Street Shelton, WA 98332 Sent Via Electronic Mail Re: Mason County--2023-S-6175--60-day Notice of Intent to Adopt Amendment Dear Ms. Rowen: Thank you for sending the Washington State Department of Commerce (Commerce) the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106.  We received your  submittal with the following description. Proposed development regulation amendments related to consistency with Mason County Public Works proposed Road Standards; cottage industries; self-storage and general code clean-up/clarification. We received your submittal on 06/15/2023 and processed it with the Submittal ID 2023-S-6175. Please keep this letter as documentation that you have met this procedural requirement. Your 60-day notice period ends on 08/14/2023. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Carol Holman, (360) 725-2706.   Sincerely, Review Team Growth Management Services STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE Ÿ PO Box 42525 Ÿ Olympia, Washington 98504-2525 Ÿ (360) 725-4000 www.commerce.wa.gov Page: 1 of 1