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HomeMy WebLinkAbout2023/11/21 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 November 21, 2023 9:00 a.m. November 21.2 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 recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in -person, and you can also e-mail msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 2024 Utility System Rates Temporarily Suspended for North Bay, Rustlewood, Beards Cove, and Belfair News Release 4.3 2024 Solid Wate Rate Increase News Release 4.4 2024 Annual Mason County Heritage Grant Cycle News Release 4.5 Housing and Behavioral Health Advisory Board Citizen Opening 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 – October 3, 2023 Budget Minutes and October 3, 2023 Retreat 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 # 8100542-8100710 $ 760,051.84 Direct Deposit Fund Warrant # 101289-101700 $ 854,757.19 Salary Clearing Fund Warrant # 7007724-7007761 $1,130,849.71 8.2 Approval to award funding from the .09 Rural County Sales and Use Tax Fund no. 103 to the City of Shelton in the amount of $125,000 for satellite wastewater treatment plant headworks upgrades. 8.3 Approval to convert an Appraiser Analyst position to Senior Appraiser Analyst within the Assessor’s Office. 8.4 Approval of the Resolution suspending the annual Consumer Price Index for all Urban consumers (CPI-U) utility rate increases set by County Code Chapter 13 and to temporarily suspend all 2024 rate increases until a new rate structure is implemented. 8.5 Approval of the Resolution amending Resolution 2022-072 for the County’s 2024 health insurance contributions to the following: effective January 1, 2024 for participants of the PEBB Medical program, which allocates through the pooling method, $1,236.69 per month County contribution for employees with single enrollments on medical and $1,840.24 per month County contribution for employees with dependent enrollments for Non-Represented, Elected Officials, and the following Collective Bargaining Agreements: Teamsters Community and Family Health, General Services, Probation, Prosecuting Clerical, and I.A.M. Woodworkers Public Defender’s Support Staff, Public Defenders, and Deputy Prosecutors and to approve the 2024 Medical Rate Sheet as presented. 8.6 Approval to reappoint Mark Nault to the Mason County Civil Service Commission for a six-year term expiring December 31, 2029. 8.7 Approval of the Foothills Park Gatekeeper agreement with William Long to open and close the Foothills Park entrance from November 1 through February 28 of each year. 8.8 Approval of the amendments to the Voluntary Stewardship Program (VSP) contract to add $ 541,548.20 from the Washington State Conservation Commission. 8.9 Approval to set a Public Hearing for Tuesday, December 19, 2023 at 9:15 a.m. to consider and approve supplemental budget requests and budget transfers to the 2023 budget. 8.10 Approval of the movement of budget for the following funds: Belfair Sewer Fund 413 move $100,000 from Operating to Salaries and Benefits and American Rescue Plan Act (ARPA) Fund 155 move $30,000 from Operating to Salaries and Benefits. 8.11 Approval of the movement of budget for the following Departments: Office of Public Defense move $100,000 from Salaries & Benefits to Operating leaving $15,000 in budget capacity; Juvenile Court Services move $40,000 from Salaries & Benefits to Operating leaving $15,000 in budget capacity; and Assessor’s Office move up to $15,000 from Salaries & Benefits to Operating. 8.12 Approval of the Resolution placing a proposition on the February 13, 2024 Special Election ballot authorizing a Sales & Use tax rate of 2/10 of 1% Sales & Use Tax for 911 Emergency Communication Operations. 8.13 Approval of the Resolution to increase the Court Commissioners Pro-Tempore pay from $75 per hour to $90 per hour. 8.14 Approval of the Washington State Office of Public Defense (OPD) grant for the amount of $62,656 for the period of January 1, 2024 through December 31, 2024. 8.15 Approval to reappoint Edgar Huber for a new three-year term on the Mason County Historic Preservation Commission beginning December 2023 and ending November 2026. 8.16 Approval to extend Andrea Exo’s term on the Mason County Historic Preservation Commission from June 20, 2026, to November 30, 2026. 8.17 Approval to add $50,000 in Foundational Public Health Services (FPHS) Community Health Assessment and Improvement funding to the Mason Matters contract effective January 1, 2024. 8.18 Approval to fund training for Public Health staff to enhance their careers. 8.19 Approval to close Roy Boad Road and a portion of Clifton Lane from approximately milepost 0.12 to milepost 0.20 on Sunday, December 3, 2023 from 3:00 p.m. to 4:45 p.m. 8.20 Approval for the Chair to execute the Adopt-a-Road agreement with Lovelocks Locksmith Services assigning Trails Road from milepost 1.58 to milepost 3.28 as their designated adopted area. 8.21 Approval to extend the agreement with Teresa D. Johnson, CPA Inc. to December 31, 2024 and increase the maximum payable by $20,000 for technical accounting assistance as required. 8.22 Approval of the Mason County Parks and Trails On-Site Park Host Agreements with Scott and Kris Hewitt for Mason County Recreation Area (MCRA) and with Anthony Mullen for Sandhill Park set to expire December 31, 2026. 8.23 Approval of the State Homeland Security Program (SHSP) FY-23 Grant Contract # E24-133 for $16,342 from Washington State Military Department (EMD) and US Department of Homeland Security for the performance period of September 1, 2023, to March 30, 2025. 8.24 Approval of the letter of termination effective November 30, 2023 for contract no. 22-076 between Mason County and the Mason County Housing Authority. 8.25 Approval of the 2024 Local and Community Projects Program through the Department of Commerce in the amount of $999,100 for the Mason County Jail expansion funding the study for locating, planning, and designing a Community Justice Center. 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 certify to the County Assessor the amount of taxes levied for County purposes and the amount of taxes levied for Current Expense and Road for 2024; an increase to the Current Expense and Road property tax levies for 2024 may be considered. Staff: Jennifer Beierle 10.2 Public Hearing to consider amending the Mason County Allyn Urban Growth Area (UGA) Map rezoning parcels 12220-50-58009 and 12220-50-58010 from Village Commercial (VC) to Medium Density Multifamily (R-2). Staff: Marissa Watson 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Danielle Thompson Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: November 21, 2023 No. 4.1 ITEM: Correspondence 4.1.1 Comment received from Andrew LaVelle regarding USFWS seeking public input on a draft Environmental Impact Statement and draft Barred Owl Management Strategy that addresses the threat of the non-native and invasive barred owl to native northern and California spotted owls. 4.1.2 Public comment received from Karin Walter regarding the safety of the Deputies in Mason County jail. 4.1.3 Comment received from Joe Roberston, Retired President/CEO Our Community Credit Union, proposing the naming of the new county building #10 be named the ‘Gary Paul Burleson Law and Justice Building.’ 4.1.4 Request received from Aquatic Resources Division of Marine Floats Corporation for the possibility of a mitigation site on Mason County’s Parcel #12209-33-80680 located in Case Inlet at no cost to the county. 4.1.5 Comment received from the Washington State Liquor and Cannabis Board in regards to the approval and renewal of the following: • HD’s Tavern • Top of the Cork • Potlack Brewing Co. • Lilliwaup Store and Motel • Airport Grocery & Deli • Spencer Lake Bar and Grill • NB Arlington LLC • AmazinGardens LLC Dba The Dab Lab • Hapi Farms • Shelton Cannabis Company 4.1.6 Levy Certification received from Mason County Fire District #3 and Mason County Fire District #13. Attachments: Originals on file with the Clerk of the Board. NEWS RELEASE November 21, 2023 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON, WA 98584 (360) 427-9670 EXT. 747 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: 2024 Utility System Rates Temporarily Suspended for North Bay, Rustlewood, Beards Cove and Belfair Per Mason County resolutions # 2023-_____, all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove, North Bay/Case Inlet and Belfair utility systems will be suspended until March of 2024, when the County anticipates implementing a new rate structure for each of the utility systems. The County will be sending more information out to customers and holding HOA and other meetings to go over what the new rate structure will look like before these rates go before the Board for adoption. BOARD OF MASON COUNTY COMMISSIONERS ___________________ ______________________ ______________________ Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice Chair Commissioner NEWS RELEASE November 21, 2023 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON, WA 98584 (360) 427-9670 EXT. 747 TO: IFIBERONE/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: 2024 Solid Waste Rate Increases Per Mason County Resolution No. 2022-27, disposal rates at all Mason County Transfer and Drop Box stations will increase by 5.4% beginning January 1, 2024. As directed by Resolution No. 2022-27, fees will be increased each year by the amount of the August-to-August Consumer Price Index (CPI U) for the Seattle-Tacoma-Bellevue Area. This increase is to cover the annual cost increase experienced by the County to operate and maintain the Shelton, Hoodsport, Union, and Belfair transfer and drop box station locations. BOARD OF MASON COUNTY COMMISSIONERS ___________________ ______________________ ______________________ Sharon Trask, Randy Neatherlin, Kevin Shutty, Chair Vice Chair Commissioner Eells Hill Transfer Station 2024 RATES* Based on the CPI adjustment for 2022 to 2023 of 5.4%, the disposal rates for 2024 are as follows: Solid Waste (Per Ton) $ 126.69 / TON Minimum Fee (340 lbs.) $ 20.55 1 Can/Bag (32 Gal) $ 6.86 2 Can/Bag (32 Gal) $ 13.68 3 Can/Bag (32 Gal) $ 15.77 4 Can/Bag (32 Gal) $ 17.77 Tire with Rim $ 6.86 Tire without Rim $ 5.10 Misc. large bulky items $ 6.86 Appliance w/Refrigerant $ 13.68 Auto Battery $ 2.66 Recyclable Scrap Metal $ 76.70 / TON Separated, clean yard $ 91.85 / TON Trimmings Construction Debris $ 126.69 / TON 55 Gal. Drum(s) $ 126.69 / TON Cubic Yard Waste $21.90 *The rate noted above does NOT include Washington State Refuse Collection Tax of 3.6%. The tax is in addition to the rates above. Belfair, Hoodsport, Union Transfer Stations 2024 RATES* Based on the CPI adjustment for 2022 to 2023 of 5.4%, the disposal rates for 2024 are as follows: Solid Waste (Per Cubic Yard) $ 25.98/ CY Minimum Fee (more than six 32gal bags less than 1 CY) $ 25.98 1 Can/Bag (32 Gal) $ 6.86 2 Cans /Bags (32 Gal) $ 13.68 3 Cans /Bags (32 Gal) $ 15.76 4 Cans /Bags (32 Gal) $ 17.77 5 Cans /Bags (32 Gal) $ 20.55 6 Cans /Bags (32 Gal) $ 22.61 1 55-gal drum $ 13.70 2 55-gal drums $ 18.51 3 55-gal drums $ 22.62 Misc. large bulky items $ 25.98 Appliance w/Refrigerant $ 34.28 Tire with Rim (1 only) $ 23.84 Each additional Tire with Rim $ 6.86 Tire without Rim (1 only) $ 6.86 Each additional Tire without Rim $ 4.11 Auto Battery $ 2.66 Recyclable Scrap Metal $ 6.86 / per 32 Gal *The rate noted above does NOT include Washington State Refuse Collection Tax of 3.6%. The tax is in addition to the rates above. NEWS RELEASE NOVEMBER 21, 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: Annual Mason County Heritage Grant – 2024 Grant Cycle Open The Mason County Commissioners and the Mason County Historic Preservation Commission are pleased to announce the opening of the 2024 Heritage Grant cycle. On behalf of the Board of County Commissioners, the Mason County Historic Preservation Commission administers the annual Mason County Heritage Grant program to assist projects that promote the public’s access to County history. The program is funded with a portion of document recording fees collected by the Mason County Auditor. The allocation of these fees for projects that “promote historical preservation or historical programs, which may include preservation of historic documents” is authorized under RCW 36.22.170. The revenues accrue to a dedicated fund and may not be used for any purpose other than those stipulated in the statute. For the 2024 grant cycle, a total of $25,000 is available. Grants in amounts up to $5,000 may be awarded to qualified organizations for professional development, public education, small capital projects, collections management, heritage investigations and historic preservation. This is a reimbursement grant with a six-month project period. Both the grant guidelines and the application can be found on the Mason County website: https://masoncountywa.gov/historic/heritage-grant.php. Proposals can be mailed or hand- delivered to the Mason County Historic Preservation Commission at 615 W Alder St, Shelton, WA 98584. Applications must be received by 12:00PM on January 19, 2023. For questions, please contact Luke Viscusi at 360-427-9670 ext. 282 or by e-mail at HPC@masoncountywa.gov. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Commissioner ______________________ Sharon Trask, Chair ______________________ Randy Neatherlin, Commissioner NEWS RELEASE November 21, 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: Housing and Behavioral Health Advisory Board Citizen Opening The Board of County Commissioners are accepting applications to fill one community position for the Mason County Housing and Behavioral Health Advisory Board representing Commissioner District 3. The applicant must not have direct affiliations with agencies that receive funding. The Boards are looking for community members with an interest in public health, mental health, substance use disorder, homelessness and/or affordable housing. The Housing and Behavioral Health Advisory Board is a seven-member board appointed to advise the Board of County Commissioners on the use of state and local funds to address affordable housing, homelessness, and behavioral health treatment in Mason County. The Advisory Board typically meets at least once per month on the fourth Wednesday from 9 – 11 am, with special meetings scheduled, as necessary. Appointed board members serve a four-year term. How to Apply: Application forms may be obtained from the Commissioner’s Office, (360) 427-9670 ext. 419 or on the website at www.masoncountywa.gov. To find an application on the website, go to the menu “Advisory Boards”, select “Housing & Behavioral Health Board” and click on the link “Advisory Board Application.” Applications to serve on the board are being accepted until the position is filled, and should be submitted to the Mason County Commissioners, 411 N. 5th St., Shelton, WA 98584. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Sharon Trask, Chair ______________________ Kevin Shutty, Commissioner ______________________ Randy Neatherlin, Commissioner Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ 2024 BUDGET WORKSHOP Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Tuesday, October 3, 2023 1:00 P.M. Overview of 2024 Budget – Jennifer Beierle Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Jennifer shared the 2024 Beginning Fund Balance is $28 million. Sales and Use Tax was increased by $400,000. Ending Fund balance $22,147,94. Total being used from the Ending Fund balance $5,852,058. In 2022 the actual amount revenues were over expenditures was about $4,961,000. Policy states the Budget can be adopted as long as the County is within that amount. Totals for all funds: Revenues $181,930,469; Salaries and Benefits $48,571,289; Operating $133,359,180; Expenditures $181,930,469; and budgeted Full-Time Employees (FTEs) 413.80. Grand total Policy Level Requests $6,069,558. 1:30 P.M. Auditor’s Office – Steve Duenkel Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Total PLRs $404,675. Approved PLRs moved to maintenance $4,800 for Tyler Technologies conference. • Reinstate Chief Deputy Auditor position $117,891 . This position would plan administrative and support functions, achieve more efficient and comprehensive operations, expand efforts around community outreach, legislative engagement, incorporate process changes, grow coverage in north Mason County. Ther e would be no backfill. Tabled. • Additional Auditor training through the Washington State Association of County Auditors (WSACA) $1,095. Tabled. • Financial Analyst position $103,888. Removed. • Tyler Technologies conference $4,800. Maintenance. • Reclass of 11 positions $75,387. Tabled. • Licensing and recording professional services and training $1,700. Maintenance. • Six months of succession planning $30,000. Tabled. • Elections extra help $12,475. Maintenance. • Elections overtime $7,400. Maintenance. • Ballots, phones, postage, travel, and printing $54,836. Maintenance. 2:00 P.M. Prosecutor’s Office – Michael Dorcy Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Total PLRs $163,822. • Two Clerical positions $141,822. Tabled. • IT trackable equipment $22,000. Removed. 2:10 P.M. Coroner’s Office – Jaime Taylor Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Total PLRs $6,000. • IT trackable equipment $4,000. Removed. • Death investigation equipment increased to $9,405 for racks and lift. Move to briefing. 2:15 P.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Emergency Management total PLRs $10,175. - Small tools $1,500. Removed. Page | 2 - Washington State Emergency Management Agency (WSEMA) and Partners in Preparedness conferences reduced to $5,265. Maintenance. • Human Resources total PLRs $3,500. - Travel $1,500. For conferences and training. Maintenance. - IT trackable equipment $2,000. Includes automated external defibrillator (AED) replacement. Maintenance. • Support Services total PLRs $326,354. - Grant Writer position $100,574. Tabled. - Financial Analyst position $93,160. This will replace the temporary American Rescue Plan Act (ARPA) position. Tabled. - Recompete Plan Coordinator position $132,320 (benefits covered by grant revenue). Tabled. • Parks and Trails total PLRs $58,990. - Maintenance position $66,200. If approved, $15,000 reduction in extra help for a total increase of $51,200. Tabled. - One month of succession planning $5,790. Maintenance. • Animal control total PLRs $299,650. - Two Animal Control Officer positions and one Administrative position $240,000. - Veterinary care and supplies $10,000. - Outfitted van with fuel, maintenance, and upfit $9,400. - IT charges and computers $15,000. - State Auditor’s Office charges $250. - Additional cleaning $15,000. - Internal allocation $10,000. - Facility lease from the City of Shelton. $1 per year. 3:00 P.M. District Court – Judge Steele/Patsy Robinson Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Total PLRs $122,095. • Chief Deputy Administrative Clerk $119,595. Tabled. • Desk and computer $2,500. Tabled. • Bailiff pay increase from $17 an hour to $20 an hour. Move to briefing. 3:30 P.M. Assessor’s Office – Patti McLean Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Total PLRs $5,000. Approved PLRs moved to maintenance $5,000 for overtime. • Overtime $5,000. Maintenance. Wednesday, October 4, 2023 1:00 P.M. Sheriff’s Office – Sheriff Spurling/Undersheriff Adams Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Total PLRs $747,877. • Two Sheriff Deputy positions $197,894. Tabled. • Two new vehicle leases and upfits $105,354. Tabled. • Office furniture $17,000. Tabled. • Patrol car laptops $50,000. Tabled. • Pepper ball instruction course $75,000. Tabled. • High speed video capable computer and detective computer upgrades $25,000. This would allow body cam footage requests to be handled using a more capable computer. Tabled. • Detective investigation and online reporting software leases $33,000. Includes video evidence, cellular phone data and tracking. Maintenance. Page | 3 • Evoc trailer and cones $18,000. Tabled. • Detective printers $5,000. Tabled. • Pol camera $13,500. Tabled. • New Officer wellness program $80,000. Tabled. • Training for two new Deputies reduced to $37,000. Maintenance. • Jail control board and lock inspections $68,610. Maintenance. This would be considered operational cost to run the Jail. 1:45 P.M. Clerk – Charles Rhodes Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Total Revenue PLRs $368,204; total Expenditure PLRs $172,640. • Overtime $15,000. • Office and jury supplies $10,000. • IT trackable equipment $16,000. • Legal notices $13,000. • Jury postage $15,000. • Travel $1,140. Maintenance. • Machine maintenance $2,500. • Blake reimbursements $100,000. Reimbursements should go through the Administrative Office of the Courts (AOC). 2:15 A.M. Public Health – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • No PLRs. Funding sources have changed from COVID funding to Foundational Public Health Services (FPHS). 2:25 A.M. Superior Court – Judge Goodell Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Total PLRs $45,859. • Therapeutic Court requested a transfer from Treatment Sales Tax (TST) to support an expired grant funded position and services $284,663. Tabled. • Miscellaneous Court Commissioner increase $12,000. Maintenance. • Bailiff wage increase to $20 an hour $4,859. Maintenance. • Replace aged cameras $27,000. Recommended by the IT Steering Committee. Maintenance. • IT trackable tools $2,000. Hearing assistance devices. Maintenance. 3:00 P.M. Public Works • County Road total PLRs $1,203,908. - IT trackable equipment $15,000. Removed. - Intern increase $28,908. Removed. - Capital machinery/equipment reduced to $500,000 for grinder removal. $60,000 is for a Ford F-150 and $440,000 is for two Ford F-550s. Maintenance. - CN of capital assets $75,000. Maintenance. - Capital software $235,000. Shelving for file room and HVAC repairs. Maintenance. • Mason County Landfill total PLRs $378,000. - Overtime $18,000. Maintenance. - Replace booths and tipping floor at all stations $360,000. Maintenance. • North Bay/Case Inlet Sewer Utility total Revenue PLRs $55,358; total Expenditure PLRs $855,000. - 9% rate increase to Revenue $55,358. Tabled. - Facility improvements $855,000. Maintenance. Page | 4 • Rustlewood Sewer and Water total Revenue PLRs $389,907; total Expenditure PLRs $38,000. - Rate increase to Revenue $73,457. Table. - Puget Sound Nutrient Reduction grant revenue $82,950. Table. - Grant revenue $233,500. Remove. - Inspect and clean reservoirs and replace two valves $38,000. Maintenance. • Beards Cove Water total Revenue $159,347; total Expenditure $105,000. - Rate increase to Revenue $159,347. Table. - Water meter installation and fire hydrant increase to $10,000. Maintenance. - Capital projects $100,000. Six isolation dials and associated piping. Maintenance. • Belfair Wastewater and Water Reclamation total Revenue $276,441; total Expenditure $840,000. - ERU rate increase of $105. - Aeration system $255,000. Maintenance. - SCADA programming and CPU upgrade and replacement $150,000. Maintenance. - Rebuild non-functioning pump $35,000. Maintenance. - Architecture and engineering $200,000. Maintenance. - Belfair sewer extension west of State Route 3 $200,000. Maintenance. • Equipment Rental & Revolving (ER&R) total PLRs $300,000. Maintenance. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Sharon Trask Chair _______________________ Randy Neatherlin Vice-Chair _______________________ Kevin Shutty Commissioner Board of Mason County Commissioners Commissioners’ Retreat Public Works 100 W Public Works Dr, Shelton, WA 98584 October 3, 2023 9:00 a.m. 1. Call to Order – The Chairperson called the special meeting to order at 9:02 a.m. 2. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 3. Public Comment 4. 2023 Goal Updates and 2024 Goals a. Community Development – Kell Rowen In 2023 Community Development began providing monthly reports on permits and turnaround times. Cmmr. Neatherlin would like building permit reports to be separate to better provide measurable changes. The American Rescue Plan Act (ARPA) funded scanning project is expected to continue through December of 2026. Staff are currently working on the Capital Facilities Plan which was sent to the Planning Advisory Commission for review in September. SCJ Alliance, consultant, is under contract to help with the 2025-2045 Comprehensive Plan Periodic Update. Specifically, the capital facilities element and the six-year Capital Improvement Program. The Comprehensive Plan Update is a two-year process and is due to the State in June 2025. Short-term rental regulations are being researched and notifications to all waterfront property owners will be sent out. Cmmr. Neatherlin requested this process begin. Title 14 amendments per the 2021 building code update have been completed. This update will be in effect M arch 15, 2024. There are concerns about prepared manufactured homes not meeting the 2021 code. Michael MacSems, Senior Planner, will be retiring at the end of 2023. Luke Viscusi will fill that position for 2024. Randy Collins, Fire Marshal, is assisting in mapping out the role of Fire Marshal and what a 1 Full -Time Employee (FTE) position would look like. The fire investigation contract with the Fire Chiefs will expire at the end of 2023. The contract is being updated to a two-year contract. Title 8 State Environmental Policy Acts (SEPA) rules and Title 15 Development Code will be updated in 2024. Overall Community Development organization relies heavily on lead positions; more management positions would be beneficial to assist with regular evaluations. For SmartGov, there might be tech staff that could assist with the layout of permits a s well as assist Julie Cheney, Planner, in getting that developed. The goal is to have all permit types available online by 2025. Kell will have an update in a couple months. There has been considerable improvement since 2021. Staff have gotten to a point where SmartGov is working. Including IT could help. Mark added that staff had to develop expertise internally and that job descriptions should include application maintenance. SmartGov is used by a number of different departments. Staff are feeling more comfortable internally from having to manage the application. IT, Public Health, and Public Works should be included in future discussions. Cmmr. Shutty shared that a lot of time and effort has been put into trying to make SmartGov work internally, and staff needs to ensure it is truly meeting the County’s needs. Julie needs to fulfill her role as a Planner, not as a troubleshooter for SmartGov. SmartGov’s customer service has been non-existent. Cmmr. Neatherlin suggested evaluating other options to save money and 2 | O c t o b e r 3 , 2 0 2 3 B o a r d R e t r e a t M i n u t e s resources in the long run, staff should consider the “bottlenecks” and think of other solutions. Staff should follow the intake process all the way through. Video conferencing could be an option to help save time. Cmmr. Trask would like to look at SMART goals to speed up the process for the County, constituents, and builders. Diane added that adequate IT staff are needed to support both the software and the departments. Cmmr. Shutty would like Community Development and Public Health to work together to work on affordable workforce housing and utilizing the multi-family tax exemption. Kell believes the tax exemption expired in 2019 and was not extended. b. Public Health – Dave Windom Women, Infants, and Children (WIC) is being brought back to south Mason County . Supplies are purchased, job descriptions are complete, and hiring is underway. The clinic is located at the Shelton YMCA, Mason Health will be providing the clinic rooms and equipment, Public Health will provide staffing, and the Department of Health (DOH) will provide IT support. The clinic will be open two days a week, possibly three, with one day being evening hours. Evergreen Estates, in conjunction with Public Works and the City of Shelton, is slowly progressing and continues to evolve as development evolves. The end goal is to get hooked up to water and sewer. There are high levels of nitrate in the water due to the septic systems failing for years. This is part of the Water Resource Inventory Area (WRIA) 14 plan. Cmmr. Trask shared there might be grants available through the Public Works Board or the Department of Ecology. There was a drought plan produced for emergency response between 2012 and 2015 that was never adopted and is out of date. Funding and staff time have been set aside to finish the drought plan which will also aid Community Development in the Capital Facilities Plan. Mott McDonald is continuing to inventory public water systems to incorporate into the Capital Facilities section of the Comprehensive Plan to fulfill the Memorandum of Agreement with the Squaxin Island Tribe. This will be a usable tool for Public Health to see how many water system connections are available. Ian Tracy, Environmental Health Manager, is working on implementing a drinking water section into t he County Code. Forward progress has been made in all sections of Public Health’s strategic plan. An Epidemiologist has been hired and is working on key performance indicators (KPI) for community health. Permitium, vital records software, has been implemented allowing individuals to request birth certificates and death certificates at zero cost to the County. Certificates can be requested in person or online and picked up or mailed. 2024 goals include hiring a permanent Community Health Specialist to manage Housing and Homelessness and Behavioral Health contracts. The position will specialize in coordinated entry, which is influenced by Cascade Pacific Action Alliance overseen by CHOICE Regional Health Network. There are funds through Foundational Public Health Services (FPHS) to increase communications and to bolster Environmental Health leadership. An Assistant Environmental Health Manager position will be created. Multiple teams within Public Health will be established. Permitting services for all permit types and sewage contractor licenses will be made fully available online. County Code 6.64 for Group B water system regulations will be revised along with associated policies. New food program inspection software will be fully implemented, and food reports will be published online. Increase the number of solid waste facilities inspected using funding through the DOH Consolidated Contract (CONCON) and FPHS. Clean Water District Advisory Committee bylaws will be drafted and approved by the Board of Health (BOH). Cmmr. Shutty asked about opioid settlement funds and if there is precedent around coordinated entry . There has been a territorial challenge amongst providers regarding coordinated entry. Is there contract language through the Department of Commerce that stipulates if funding has to be granted or are there other options? Expectations need to be better set and the focus needs to be on the coordination part of coordinated entry. D ave needs to meet 3 | O c t o b e r 3 , 2 0 2 3 B o a r d R e t r e a t M i n u t e s with the City of Shelton to decide how to spend those funds and figure out what and where the gaps are. Options for coordinated entry include a Mental Health or a Human Services Department or through Community Action Council. It would be helpful to have one centralized location. Currently the County contracts the work out. FPHS funds are available to pay rent if there is a location that the Human Services division of Public Health can move to. Cmmr. Trask shared concerns regarding services being paid for in a timely manner and there are other issues that need addressed. There are clauses in the contract to protect both the County and the client. Mark shared concerns around issues with current providers and ensuring that residents within Mason Cou nty continue to receive services. Alternatives are being explored to provide specific program administration to provide a seamless program for constituents that rely on monthly support. Dave will reach out to Thurston County around hurdles or barriers they deal with when switching providers. Cmmr. Neatherlin added that this is a liability and wants to protect County dollars. If expectations are not being met, providers need to be aware that funds are not guaranteed. Regarding Human Services, Cmmr. Neatherlin may know of a location opportunity and asked Mark to reach out to him to discuss further. The Community Health Specialist position should be in-house and needs to be active in connecting services. Lastly, code enforcement should coincide with law enforcement. Kitsap County is able to bring their Sheriff’s Deputies along for environmental health code enforcement. Cmmr. Shutty shared, there is a chance of overlapping behavioral health or substance abuse issues when individuals are living in certain conditions. The mental health co-responder program in the Sheriff’s Office is able to assist with mental health related calls. Opportunities need to be found to create the capacity to go after long -standing issues. c. Public Works – Utilities & Waste Management – Richard Dickinson 52,000 tons of trash is expected to come through the landfills this year. The average is 4,400 tons per month. Some trash may be from Thurston or Kitsap counties. The biggest accomplishment was adding more open days. Eells Hill Transfer Station is open 7 days a week, Belfair Drop Box is open 6 days a week, and all locations are open on the weekend. The two new yard goats have been helpful. There have been rat problems in some of the vehicles. The floor at the Eells Hill Transfer Station was patched up. Compaction rates are better, there is still room to improve. The backup compactor prevents downtime. Staff replaced the stairs at both Hoodsport and Union and further security measures were implemented at Eells Hill. There are now two coded doors as well as cameras. The Treasurer’s Office helped with cash handling procedures; this will be done annually as a refresher. The State Auditor did a site visit and went through the cash handling procedures. The Solid Waste Advisory Committee (SWAC) membership is robust. A six-month extension for long haul services with Republic Services was done at no cost increase. Negotiations are being continued with Mason County Garbage. Utilities & Waste is working closely with Public Health and the Department of Ecology (DOE) to satisfy closure requirements. The final report from testing should be available early 2024 to submit to Environmental Health and DOE. Efficiencies will continue to be worked on. For example, reading load rates in real time and not having to read the scales in person. This would prevent bottlenecks and save staff time. Work on contamination reduction and an outreach plan for solid waste recycling with SWAC will be continued. All outer operator stations need replaced, three are in disrepair with no bathrooms. New skid steer attachments would help maintain landfill sites and staff could coordinate with ER&R and Roads. There has been thought given around evaluating customer flow patterns – commercial, residential, and time of day to reduce long lines. Ideas include creating a road before you get to the scales if only recycling is needed and having a commercial-only line through the back gate. This would need to go through SWAC, and a separate scale would be needed. Future improvements and household hazardous waste needs are being evaluated. One suggestion was to contract out to go out into the community to pick up household hazardous waste. A drop-off facility in the community would need to be monitored. Funding sources for capital work through grants or low-interest loans is being researched. The existing asphalt tipping floor needs removed and replaced with concrete. Cmmr. Neatherlin added that Kitsap went from a $21 minimum fee to $48 . The Port of Allyn had a drop off that was not monitored, and items were dropped off that shouldn’t be. Cmmr. Trask asked Richard to draw up his “dream” facility. Cmmr. Shutty asked if the long-haul contract is on track to be completed in November and if trailers are still an issue. Loretta answere d yes and a contract is locked in on the extension, Brady Trucking is now hauling the trailers. Richard shared trailers are no longer an issue. North Bay is utilizing SmartGov. The collection of overdue accounts at the Lakeland Pump Station is improving. The automatic transfer switch was installed, pumps were replaced, and panels rebuilt putting the station in great shape. Overflow storage effluent ponds were emptied this summer and cleaned and inspected for the annual inspections. Staff were retrained in troubleshooting and repairing grinder pumps. County Code Chapter 13 – Utilities is about 90% rewritten. Rates are still being worked on. The Request for Proposals (RFP) was published for a General Sewer Plan. This was last done in 1998. 2024 goals include zero permit violations, developing a new General Sewer/Facility Plan in concert with the overall plan, collection system repairs to reduce inflow and 4 | O c t o b e r 3 , 2 0 2 3 B o a r d R e t r e a t M i n u t e s infiltration (I&I), maintain staffing levels, cross training, complete required maintenance projects that have been deferred such as spray field maintenance, prepare reporting documents to maintain permits, and implement a new rate and rate structure. Loretta added that Richard has been coordinating with the Department of Transportation (DOT) on the Victor project and removal and replacement of the pressure sewer line on the State Highway. Rustlewood Water and Sewer has 145 connections and one meter left to put in. 2023 accomplishments include utilizing SmartGov, maintaining direct communication with the Rustlewood Homeowners Association (HOA), performing source water testing, assisting a sanitary survey which showed a rusty access hatch that will need replaced, purchasing new reservoir inspection equipment, and rewriting most of County Code Chapter 13 – Utilities. 2024 goals include improving level of efficiencies, providing operator flexibility and cross-training, implementing new rate structure, prepare all reporting documents, and getting zero violations. In 2018 the outfall was found to be damaged and the foundation has separated, this should be fixed. Loretta highlighted the goal of getting zero violations, a huge partner in achieving that is labs turning reports around in a timely manner. Richard added that there are a lot of nutrient requirement tests. It is easy to overwhelm the labs, results are sent out three months later which makes submitting reports on time difficult. Cmmr. Trask asked if this could be done in house. Loretta and Dave discussed the previous lab, which was expensive, could not keep up on certifications, and did not have the volume. Beards Cove 2023 accomplishments include completing installation of water service meters for all connections and having a meeting with the public. Loretta added that a goal for next year is getting preliminary engineering for grant revenues for AC replacement. Division 8 is the only location not surveyed. Replacing the pipes would require redoing the entire road. Mark shared that on Friday, October 6 at 1:00 p.m., Public Works will be meeting with the Representatives and Senator to go over utilities. Legislative support is being requested. Richard shared there are complaints regarding low water pressure and that grant money will be looked into. The extension project in Belfair is on track and will be completed in 2024. The Request for Qualifications (RFQ) for design for the commercial industrial property on the west side of State Route 3 (SR-3) will be advertised this year and be completed in early 2024. Richard shared that 20-30 Capital Facilities Charges (CFCs) were expected, but only 8 were received. Mark added that the developer is finishing a house every thirty days and houses are selling immediately. Cmmr. Shutty asked Mark if there has been discus sion around what the asks might be from the legislation. There is still a local agreement with the City of Bremerton and the Port of Bremerton to evaluate regional options. The Port recently sent a letter to the City discussing the need for capacity. A conversation is needed around what the Port and the City want to do and if it aligns with County interests. Mark answered that priorities have been discussed to give a perspective of where the County is and what the challenges are, especially with the smaller utilities and what is essential for operating. Cmmr. Shutty shared concerns and disappointment around the general rate discussion. It was clear that this should be done before going into budget discussions. Cmmr. Neatherlin wants to be at the maximum allowance that was discussed which will bring one utility down and others up in an understandable amount. More work is needed on the secondary charge aspect. Beard’s Cove was great, Rustlewood needs to be kept as low as possible within that same parameter. Choice usage needs to be discussed further and cost should encourage conservation. Minimum charges are needed to cover the actual cost of the facility and if there is excess usage, that should come at a higher rate. Grant funds and state capital monies should be considered. When talking to legislation, a utility ask should be discussed. The process of redundancy is good – having those extra pumps and supplies is important. The Rustlewood outfall could be a legislation ask too. Options should be put before the community. Cmmr. Trask shared concerns with rates, this is a priority and work needs done. The County has responsibilities to its constituents. Mark added that Public Works has hired a Finance Manager who will be starting on Monday, October 16. Cmmr. Shutty shared there might be a benefit to having a consolidated utility ask, it is a short session that will be filled with a lot of requests. Loretta asked if the Commissioners wanted to consider private partnerships. Cmmr. Shutty shared solid waste and the transfer station could be privatized, utilities would need another public provider. There would still be a need for public interest and public control. There needs to be a reduction in litter, barriers need to be reduced. Cmmr. Neatherlin added that something may sound good in the beginning but could be changed later. d. Public Works – Roads – Mike Collins Big accomplishments for 2023 include the Harstine Island Bridge polymer overlay ; Mason Lake Road Surface Transportation Program (STP); three gravel roads were converted – Sunnyside, Kelley Hall, and Sunnyslope; North Island Drive culvert contract was awarded; Trails Road alternate route right-of-way purchase negotiations are in process; County guardrail bridge retrofit construction will begin next year; staff completed five different 5 | O c t o b e r 3 , 2 0 2 3 B o a r d R e t r e a t M i n u t e s Federal projects from start to finish; Northshore Road Little Shoefly culvert replacement; asphalt pre -level was done on Lakeland Drive, Homestead Drive, Shadowood Drive, and Sunrise Drive; shoulder work was done on Grapeview Road, Lynch Road, Shelton-Matlock Road, Johns Prairie Road, McReavy Road, Sand Hill Road, and Brockdale Road; Rock Creek Bridge superstructure replacement; Trails Road hot mix asphalt (HMA) patching and drainage work; and Sunnyside Road large culvert installation. Loretta added that t he Road Crew has received a lot of compliments on their quality of work. Mike and the team have been incredibly successful at securing grants and just received an award for a $1.4 million Safety Improvement grant. Mark is glad staff are utilized and are maximized on the work they do. Cmmr. Neatherlin requested that the money set aside for specific projects get done and that the Rasor Road connection be a priority. The Rasor Road connection would be an economic benefit for the community, could allow growth and development in the Allyn Urban Growth Area (UGA), allow for more residential housing creating more tax base and connections to the sewer, and allow for quicker emergency aid and response. Another consideration would be a connector to allow alternate access to Shelton. An achievable goal would be to put it through the Road Improvement District (RID) process and decide what that process would look like. Cmmr. Shutty asked what the $150,000 for the Rasor Road connection will fund and if there is a possibility of using Federal Emergency Management Agency (FEMA) funding for emergency access. Departments need to work with each other to get projects moving forward. Funding can be leveraged to go after additional funding as well. Mike answered the funds are for the purchase of right-of-way. John included that FEMA funding may be available in 2024. Loretta shared there is $4.5 million in outside funding available. North Shore is going to need a big rescoping, there is more traffic. FEMA resiliency may be a potential fit. Cmmr. Trask commented on the importance of departments working together as a team. Cmmr. Neatherlin requested staff create a structured RID to know how much money that would be and to discover potential other funding. e. Human Resources – Mary Ransier Eight Collective Bargaining Agreements (CBAs) are ratified, one is still outstanding. The partnership with the Union has really benefitted from these contracts being done in a timely manner and before they expire. NEOGOV was implemented for recruiting and hiring. The quality of candidates has improved. HR has been attending recruiting events and will be at Oysterfest. The internship pilot program was done this summer. Online presence has increased. New employee orientation will be expanded to allow for easier transition into the workplace. The hope is to fully utilize Munis. A date for the 3rd quarter Employee Townhall is needed from Cmmr. Neatherlin. Mark will do the 4th quarter townhall. Spending time with employees in the County has been a priority – road crew, transfer station, jail, detention, Clerk’s Office, and Elections. Personnel policy updates have been done. Goals in 2024 include looking at total compensation packages around teleworking and Flexible Sp ending Account (FSA), working with hiring managers on what tools are available to them, utilizing NEOGOV for statistical updates and key performance indicators (KPIs), continue community recruitment efforts, continue the internship program, use Recompete resources to target underrepresented and/or distressed communities to help with skill building, ensure employees receive performance evaluations, streamline HR processes, conduct another employee engagement survey, and make sure policies are updated and adopted. The wording of job position descriptions is being updated to create equivalency. In NEOGOV, the only downside is hiring managers have to move quickly through the process. Depending on the Department, the Department Head (DH), HR, or a combination will move the process forward. The number of applicants in the queue before interviews begin also fluctuates depending on the job position. Each position has minimum qualifications; however, there is flexibility in substituting education for experience or vice versa. For new hires, there is a six-month probation which is an extension of the hiring process. If there are concerns, DHs reach out immediately. Cmmr. Shutty added avoiding letting things slide that can be problematic during the probation period. f. Support Services Budget Office – Jennifer Beierle Just under $13 million has been received in ARPA funding, about $6.5 million remains. ARPA funding needs to be expended by June 2024. The Chart of Accounts (COA) revision implementation date is January 1013. Codes will go from 32-digit to 20-digit. Once the COA revision is done, Position Control, the transparency module, and the grant module can begin. A draft revised Purchasing Policy has gone through the Audit Committee and the 6 | O c t o b e r 3 , 2 0 2 3 B o a r d R e t r e a t M i n u t e s State Auditor’s Office. Motor Pool Policy and Procedures have been started and need revisited and implemented. Executime needs purchased and implemented to help get rid of paper timesheets. Public Works, Public Health, and other departments will need transitioned to Munis modules. The Skokomish Flood Zone line needs deleted and created in the Road Fund. Trial Court Improvement Fund line needs deleted and created in Current Expense, possibly under District Court. Records need archived and digitized. Another to p priority is adopting the Budget by the first Monday in December, December 4. A long-term goal includes consolidating the Financial Policy and all related policies into one. Central Services – Diane Zoren Filling open positions using NEOGOV due to turnover has been a top priority. NEOGOV has been helpful for the applicant pool and scheduling process. Preparation has begun for both Anne (Parks) and Diane’s retirements. Policies, procedures, and forms are being updated. McKenzie is learning processes to become Office Manager. Records are being digitized and sent to State Archives. A policy index was created on the Intranet with TJ’s help. Mark added, for staff support to the County Administrator, the goal is managing paperwork and electronic files, scheduling, and other administrative-type duties. This provides greater efficiency and is cost-effective. Diane added that the Administrative Assistant position’s job description includes administrative support. McKenzie and Diane have been discussing how to relieve some of Diane’s duties to allow Diane to understand the organization and paperwork side for the County Administrator. Cmmr. Shutty shared the County Administrator position is expected to be higher level, handling policy development and implementation, and would support a bona fide support position. Mark added there is a large list of things to look at going into 2024 for when Diane retires. Additional ARPA funds may be needed to finish Building 10, District Court. The project was thought to cost about $1 million but is closer to $2.2 million. Facility growth and expansion needs to be considered. Emergency Management and Parks and Trails can be discussed during Budget. Information Technology – Todd (TJ) Cannon An executive session needs scheduled with the Commissioners, legal, and Risk Management for a cybersecurity desktop exercise. John Taylor added that the cybersecurity group is a good example of how departments partner together for a low cost. With that group being formalized, assistance is available from the Department of Interior. The Department of Homeland Security has assistance packages that allows the County to declare a disaster if it is hacked into. Cmmr. Neatherlin added that Risk Management needs to be included insurance-wise. Cmmr. Shutty asked how the County could utilize and benefit from the development of Artificial Intelligence (AI) and other technology. Cmmr. Neatherlin shared that Departments need to go through IT first. Diane added that an AI Policy needs established. Diane shared the fiber upgrade project is ready to start. TJ added there should be activity in the next two weeks. 5. Adjournment – The meeting adjourned at 12:07 p.m. 7 | O c t o b e r 3 , 2 0 2 3 B o a r d R e t r e a t M i n u t e s 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: Danielle Thompson Ext. 419 Department: Support Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date: November 21, 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 # 8100542-8100710 $ 760,051.84 Direct Deposit Fund Warrant # 101289-101700 $ 854,757.19 Salary Clearing Fund Warrant # 7007724-7007761 $ 1,130,849.71 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 47,313,270.22 Direct Deposit YTD total $ 18,690,720.93 Salary Clearing YTD total $ 18,611,330.82 Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachments: Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 23, 2023 Agenda Date: November 21, 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: Funding request for .09 Rural County Sales & Use Tax Fund No.103 from City of Shelton for $125,000 Background/Executive Summary: The City of Shelton has submitted an application in the amount of $125,000 for .09 Sales & Use Tax funding. Two applications were received prior: one from the Economic Development Council for $99,000 and one from Public Works for Belfair Sewer in the amount of $450,000 for each year for two years. From RCW 82.14.370 - “Moneys collected under this section may only be used to finance public facilities* serving economic development purposes in rural counties and finance personnel in economic development offices**. The public facility must be listed as an item in the officially adopted county overall economic development plan***, or the economic development section of the county's comprehensive plan…” *”Public facilities" means bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroads, electrical facilities, natural gas facilities, research, testing, training, and incubation facilities in innovation partnership zones designated under RCW 43.330.270, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and port facilities in the state of Washington. **”Economic development office" means an office of a county, port districts, or an associate development organization as defined in RCW 43.330.010, which promotes economic development purposes within the county. (Mason County Economic Development Office) ***Comprehensive Economic Development Strategy Project List (CEDS) that is adopted by resolution by the Commissioners. Mason County Agenda Request Form Budget Impact (amount, funding source, budget amendment): $125,000 in addition to the previously received applications of $549,000, for a total of $674,000 for the year 2024. Public Outreach (news release, community meeting, etc.): The County is required to circulate for comment. RCW 82.14.370 (3)(b) states “…the county must consult with cities, towns, and port districts located within the county and the associate development organization serving the county to ensure that the expenditure meets the goals of chapter 130, Laws of 2004 and the requirements of (a) of this subsection” Requested Action: Approval to award funding from the .09 Rural County Sales and Use Tax fund no. 103 to the City of Shelton in the amount of $125,000. Attachments: .09 Funding Application from the City of Shelton LOCAL ECONOMIC DEVELOPMENT PROGRAM APPLICATION Contact Name(s) Jae Hill, Community Development Director, City of Shelton Address 525 W Cota St City, State, Zip Shelton WA 98584 Fax & e-mail jae.hill@sheltonwa.gov Signature and position of person authorizing submittal of application _________________________________ ________ Signature Position Date Project Title: Satellite Wastewater Treatment Plant Headworks Upgrades Total Project Cost $3.665 million Amount raised to date $3.2 million Is your request intended to fill a gap in funding (gap financing)? [X] Yes [ ] No Is this a phased project [X] Yes [ ] No, If yes number of phases _4_ number of years _6_ Requested loan amount $ Requested grant amount $125,000 1. Briefly describe the project, project start date, jurisdictions or private entities involved and their phases and timing, and which phases(s) of the project would be funded by loan or grant? The City of Shelton will construct upgrades to the headworks at the City’s Satellite Wastewater Treatment Plant near Sanderson Field. This project will increase treatment capacity in the northwest portion of the City and unincorporated Urban Growth Area, especially Sanderson Field which as been identified as a major economic development and jobs opportunity. The City obtained state funding in 2022 but had to use $400,000 to design the project, bringing the total need to $3.6 million. The City’s Sewer fund can fill part of the gap, but only at the expense of other projects, at the same time the fund is being drawn down due to other capacity projects in the area . Additional funds are needed to be secured before the state will issue the $3.2 million award. 2. Explain how the project satisfies economic development and priorities. This plant increases wastewater treatment capacity for development at Shelton Springs, Shelton Hills, Sanderson Field, and the rest of the north half of the UGA. City of Shelton CED Director 10/17/23 This area is slated for more than 3000 new homes, new hotel and retail businesses, and new manufacturing jobs at the Airport. 3. Will this project be a public facility which is listed in economic development plan officially adopted by the county? [X] Yes [ ] No The project is listed on Page C-2 of the County’s Community Economic Development Strategy (CEDS list). 4. List engineering reports, permits, feasibility studies and environmental studies which have been completed and/or need to be completed. Pre-design specifications for the facility upgrades are listed in the City’s recently- adopted Wastewater Comprehensive Plan beginning on page 9-32. [Attached] 5. Has other funding been secured? [X] Yes [ ] No. If yes, list source(s) of funding. $3,200,000 state appropriation $340,000 City’s Sewer Fund $3,540,000 total other funds 6. Please list other funding sources, which have been pursued or currently pursued. $3,200,000 state appropriation $340,000 City’s Sewer Fund $3,540,000 total other funds 7. Please indicate the number of full-time, permanent jobs this project will create. Create in 1-3 Create in 4-5 years Create in 6-10 years Number of jobs retained At ten jobs per acre, the 1,000 acre service area could create, support, and/or retain a maximum of 10,000 jobs. 8. Please indicate number of businesses that will directly benefit from the public facility. Existing and future businesses in the UGA will have sewer treatment capacity, especially in the Port of Shelton’s Sanderson Field location. There are dozens of existing businesses in the area, and hundreds of potential customers as the area grows. 9. Please list other significant factors about the pr oject that should be considered. This project will advance the City’s goal of diverting treated effluent being discharged to Oakland Bay, by creating reclaimed water for reuse by industrial users in the area. This project is one phase of a six-year, $17.2 million project to improve capacity at the Satellite Plant. 10. List, in detail, how the money requested would be spent on the proposed project. This funding will be used to construct improvements to the wastewater treatment plant. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Patti McLean Ext. 498 Department: Assessor's Office Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 16 & November 6, 2023 Agenda Date: November 21, 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: Converting an Appraiser Analyst Position to Senior Appraiser Analyst Background/Executive Summary: The Assessor’s Office is requesting a position conversion of one (1) Appraiser Analyst to Senior Appraiser Analyst. Currently there are two (2) Appraiser Analysts in the office; however, one is in a lead position as they are tasked with supervising/training all appraisers along with reviewing their work. That position also creates the revaluation plan and monitors work to ensure it is completed in a timely manner. It also requires different training from the Department of Revenue regarding the annual update. Budget Impact (amount, funding source, budget amendment): No budget impact, offset by lead pay. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to convert an Appraiser Analyst position to Senior Appraisal Analyst within the Assessor’s Office. Attachments: Position Description Est.10.2023 POSITION DESCRIPTION Summary: This position leads the residential, commercial, and industrial appraisal work for the Assessor’s Office. Performs a variety of high level of technical appraisal duties, including researching and analyzing sales to establish market value utilizing the Mass Appraisal modeling. Serves as the backup in preparing, presenting, assigning, and reviewing materials for Board of Equalization hearings. Requires a higher level of understanding and ability in math, statistics, market modeling, and computer operation, as well as participation in highly complex or atypical nature appraisal activities and/or statistical Mass Appraisal modeling. Provide guidance, clarify procedures, and assist with troubleshooting problem areas. Essential Job Functions: Provides direction and necessary coordination for personnel appraising real and personal property. Reviews appraisal assignments. Assists with training appraisal staff. Assists the Assessor in determining the best re-evaluation schedule with consideration given to manpower, budget limitations, parcel count and physical size of area. Coordinates field appraisal teams with re-evaluation schedules and other work as necessary. Assists with establishing a schedule for re-evaluation notices. Responsible for Mass Appraisal of properties that may include Residential and Commercial. Develops valuation data and rates (through computer application) to be used in conjunction with the re-evaluation cycles. Determines appraisal techniques necessary for the accuracy of property values. Provides technical assistance to resolve complex or unusual appraisal problems. Provides guidelines and assistance to prepare for Board of Equalization (BOE) or Board of Tax Appeals (BTA) activities. May present evidence to the BOE and/or BTA, attend hearings, and serve as an expert witness. Collects, analyzes income/expense data and uses this market-driven data to determine income capitalization rates. Title: Senior Appraiser Analyst Department: Assessor Affiliation: Teamsters Appraisers Reports to: Assessor or Chief Deputy Assessor Exempt: Non-Exempt: X Regular Driver: Y Supervises/Directs: None Job Class: Risk Class: 5306-07 Salary Range: According to current CBA Est.10.2023 Assists with the research and analysis of sales. Assists and participates in developing appraisal procedures, organizing, and completing special appraisal projects. Develops, tests, and implements Mass Appraisal Models. Maintains a continuous training program for upgrading appraisal personnel qualifications and capabilities. Works with property owners on a one-on-one basis to explain appraisal methods and procedures. • Develops and prepares on-going training for appraisal staff. • Responsible for confidentiality of all income related documents. • May perform the duties of an Appraiser Trainee, Appraiser, Senior Appraiser, or Appraiser Analyst. • May perform other duties as assigned. Qualifications: Knowledge of: • Principles and methodologies of statistical analysis. • Real estate appraisal principles, procedures, laws, and regulations. • County building codes, regulations, ordinances, and zoning codes. • Technological advances and methodology changes. • Assessment, appraisal software and computer assisted mass appraisal (CAMA) systems and current office software programs. • Accounting and auditing practices and procedures related to commercial, industrial, and/or personal property appraisal. • Customer service techniques. Must have the ability to: • Select appraisal methods and techniques best suited to particular property and conditions. • Use independent judgement and effective decision-making in the application of a wide variety of laws, policies, and procedures and in effective problem-solving. • Effectively coordinate, perform, and complete multiple duties and assignments concurrently and in a timely manner. • Prepare and present written and/or oral evidence of fair market value when disputed. • Read, communicate, and understand legal descriptions and appraisal manuals. Est.10.2023 • Read, understand, and apply appraisal principles and techniques applicable to the work assignment. • Solve mathematical calculations. • Use and operate a personal computer, digital imaging device, scanner, and related software programs. • Prepare and submit technical reports. • Effectively communicate, both orally and in writing. • Meet the physical requirements of the position: o Physical activities required are finger dexterity necessary to operate equipment used in the position, talking, seeing, and hearing. Other physical requirements include walking, sitting, balancing, climbing, kneeling, bending, stooping, crouching, extensive reaching, pushing, pulling, unassisted lifting and/or carrying of lightweight equipment, entering and exiting a vehicle multiple times, and adequate vision and manual dexterity required to make drawings and sketches. Travel to various worksites may be required. Must have the ability to drive and perform duties in all weather conditions and all terrain. • Maintain regular, punctual attendance during scheduled work hours at assigned worksite. Minimum Qualifications: Must possess the following licenses or certificates and have attended and/or successfully passed the following: (May substitute any combination of experience and education at the discretion of the Assessor, after review.) • High School Diploma or its equivalent • Valid Washington State Driver’s License • Accreditation Examination, or its equivalent, resulting in certification as a Real Property Appraiser. • USPAP Course • Fundamentals of the Assessor’s Office • IAAO 100 Level Courses IAAO 200 Level Courses IAAO 300 Level Courses • Must be accredited by the Department of Revenue. • Preferred Qualifications: • Bachelor’s degree with major course work in business, economics, finance, real estate, or statistics • Washington State sponsored or professionally approved courses in real, personal, and commercial property • Two years of experience in real estate transactions, which provides a knowledge of real property values and appraising techniques, plus two years of hands-on market modeling using spreadsheet analysis and database management. Knowledge of computer- assisted mass appraisal programs and statistical analysis is essential. Additional job specific trainings may be issued at a later date. Est.10.2023 Union Signature of Approval: ___________________________________________ Date:_______________ Human Resources Signature of Approval: ____________________________________________ Date:_______________ Elected Official 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: Richard Dickinson, Deputy Director/U&W Ext. 450 Department: Public Works Briefing: ☒ Public Hearing: ☐ Action Agenda: ☒ Special Meeting: ☐ Briefing Date(s): November 6, 2023 Agenda Date: November 21, 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 Water/Sewer Utility Rate Increase for 2024 Background/Executive Summary: Utility fee schedules for Rustlewood Water and Sewer System, Beards Cove Water System and North Bay/Case Inlet Sanitary Sewer System are adjusted and take affect January 1 of each year based on the April Consumer Price Index for Goods and Services for the Bremerton Area (CPI-U). The Board is considering a change to Chapter 13 and how utility rates are adjusted after community outreach has concluded. Outreach will not be concluded prior to January 1 and staff recommends suspending the CPI-U rate increase. Water and sewer monthly rate increases will take effect once the new water and sewer rate structures are reviewed and implemented. The anticipated community outreach timeline and rate adoption schedule is: November mailing Share water consumption history with customers (individual and system average) November/December Meet with HOA Boards TBD Rustlewood TBD Beards Cove 11/15 @ 4:30 Lakeland Village January/February Meet with customers of each utility February 19 Brief Commissioners February 27 Rate Action March Implement new rates Mason County Agenda Request Form Budget Impact: Unknown at this time. Public Outreach: News release, mailer, and meetings with HOA and Customers. Requested Action: Request the Board approve the resolution allowing Commissioners to suspend all 2024 CPI-U rate increases set by County Code Chapter 13 and temporarily suspend all 2024 rate increases until a new rate structure is implemented. Attachments: 1. Draft Resolution 2. 2024 Utility Rate/Fee Schedule RESOLUTION NO. __________ 2024 WATER/SEWER RATE INCREASE FOR RUSTLEWOOD WATER & SEWER SYSTEM, BEARDS COVE WATER SYSTEM, NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM A RESOLUTION SUSPENDING ANNUAL CPI-U UTILITY RATE INCREASES FOR 2024 CALENDAR YEAR WHEREAS, the provisions of water and wastewater utility services and activities within Mason County requires collection of fees to operate and maintain these facilities; and, WHEREAS, it is the role and responsibility of Mason County Board of Commissioners to set policy for Water and Sewer Utility Systems, including monthly service rates, connection and permit fees and other related charges sufficient to cover the cost of utility operation, debt and capital improvements; and. WHEREAS, Commissioners adopted resolutions setting monthly service charges, connection fees and permits fees for Rustlewood Water & Sewer System (05-09), Beards Cover Water System (06- 09), North Bay/Case Inlet Sanitary Sewer System (146-08 and 36-11), and Belfair Sanitary Sewer System (04-12 and 119-19); and, WHEREAS, the Board of Commissioners wish to suspend the CPI-U rate increase set forth in Chapter 13 of the County Code for the 2024 calendar year and temporarily suspend all County water and sewer monthly rate increases until the new County rate structure is implemented in early 2024; and NOW THEREFORE, IT IS ESTABLISHED THAT the Board of Mason County Commissioners hereby suspends CPI-U 2024 rates and suspends 2024 rate increase temporarily until new rate structure is implemented. Temporary 2024 rates are as shown in Exhibit A. DATED this day of 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: _______________________________________ _________________________________ SHARON TRASK, Chair MCKENZIE SMITH, Clerk of the Board _______________________________________ APPROVED AS TO FORM: RANDY NEATHERLIN, Vice Chair __________________________________ _____________________________________ TIM WHITEHEAD, Ch. DPA KEVIN SHUTTY, Commissioner EXHIBIT A RUSTLEWOOD WATER & SEWER SYSTEM, BEARDS COVE WATER SYSTEM, NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM RATE/FEE SCHEDULE 2024 Utility Monthly Rate Miscellaneous Fees Per ERU GP on Empty lot Duplex/unit Connection Fee Re-Connect Fee Grinder Fee Permit Fee Plan Review Comm or subdiv Inspect Fee Re-inspect Fee Shop Rate/hrly RW Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 RW Sewer $118.15 $236.30/$118.15 $6,065.72 $150.00 $75.00 $75.00 $75.00 NBCI Sewer $124.86 $87.40 $174.80/$87.40 $11,954.72 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 BC Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Belfair $100.80 $70.53 $11,300.00 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 2019 Actuals 2020 Actuals 2021 Actuals 2022 thru 11/09/2022 2022 Budgeted SEWER/RECLAIMED WATER SALES    $338.98 $0.00 $0.00 $0.00 $0.00 INT & OTHR EARNINGS‐INV INT    $13,102.54 $4,267.94 $607.72 $17,410.10 $0.00 INVESTMENT INTEREST            $0.00 $0.00 $0.00 $0.00 $7,000.00 MISCELLANEOUS‐OTHER REVENUE    $610.00 $0.00 $22.00 $1,180.76 $0.00 MISCELLANEOUS‐NON OPERATING    $11,562.76 $2,883.53 $909.41 $962.25 $0.00 TRANSFER IN‐WW SYSTEM DEVEL    $0.00 $0.00 $2,584.25 $0.00 $0.00 CAPITAL CONTRIBUTIONS          $0.00 $464,367.07 $359,954.38 $118,754.57 $500,000.00 BEG FUND COMMITTED             $0.00 $0.00 $0.00 $0.00 $1,777,042.00 SEWER SERVICE CHARGES          $1,702,003.53 $1,793,535.60 $1,818,613.08 $1,678,582.83 $1,897,398.00 VACANT LOT CHARGE              $1,141.10 $0.00 $0.00 $0.00 $0.00 CAPITAL CONTRIBUTIONS          $176,313.24 $0.00 $0.00 $0.00 $0.00 N. BAY / CASE INLET UTILITY Grand Total $1,727,617.81 $1,800,687.07 $1,822,736.46 $1,698,135.94 $1,904,398.00 SALARIES & WAGES $298,984.40 $307,658.67 $358,440.74 $276,914.35 $428,214.00 PERSONNEL BENEFITS $134,658.58 $141,243.67 $159,306.82 $126,713.07 $199,882.00 SUPPLIES $47,230.61 $125,097.04 $116,140.08 $66,075.29 $137,824.00 EXTERNAL SERVICES $618,278.75 $465,834.31 $360,895.77 $424,045.60 $663,521.00 INTERGOVERNMENTAL $34,028.81 $44,128.66 $46,966.64 $33,903.36 $57,879.00 CAPITAL OUTLAY $0.00 $8,302.05 $20,560.00 $0.00 $29,000.00 DEBT SERVICE(PRINCIPAL) $495,389.50 $500,389.50 $500,389.50 $187,694.81 $317,695.00 DEBT SERVICE(INTEREST) $0.00 $147,825.00 $144,075.00 $70,162.50 $140,325.00 INTERNAL SERVICES $137,300.53 $125,190.25 $123,074.07 $121,461.24 $136,589.00 GRAND TOTAL $1,270,481.68 $1,209,152.60 $1,164,824.12 $1,049,112.91 $1,623,909.00 (SURPLUS)/DEFICIT $457,136.13 $591,534.47 $657,912.34 $649,023.03 $280,489.00 36% 49% 56% 62% 17% 403 NBCI REVENUE 403 NBCI EXPENSES 2019 Actuals 2020 Actuals 2021 Actuals 2022 thru 11/09/2022 2022 Budgeted MISC REV‐OTHER CHARGES         $0.00 $0.00 $6.24 $0.00 $0.00 MISCELLANEOUS‐OTHER REVENUE   $0.00 $0.00 $0.00 $6.84 $0.00 TRANSFER IN ‐ ARPA            $0.00 $0.00 $0.00 $0.00 $200,000.00 TRANSFER IN‐WW SYSTEM DEVEL   $0.00 $0.00 $381.04 $0.00 $0.00 INT & OTHR EARNINGS‐INV INT   $3,951.40 $792.45 $27.89 $840.37 $2,000.00 CAPITAL CONTRIBUTIONS         $0.00 $32.00 $16,737.60 $25,671.06 $2,200.00 BEG FUND COMMITTED            $0.00 $0.00 $0.00 $0.00 $133,014.00 RUSTLEWOOD WATER SALES        $0.00 $0.00 $0.00 $60,656.46 $0.00 RUSTLEWOOD SEWER SALES        $0.00 $0.00 $0.00 $165,734.57 $0.00 TRANSFER IN:REET 2            $200,000.00 $60,000.00 $110,000.00 $0.00 $0.00 MISCELLANEOUS‐OTHER REVENUE   $171.96 $0.00 $0.00 $0.00 $0.00 REFUNDING LONG TERM DEBT      $0.00 $1,175,385.00 $0.00 $0.00 $0.00 COMBINED WTR/SEWER/RESERVE    $0.00 $0.00 $0.00 $5,710.00 $0.00 TRANSFER IN‐REET 2            $0.00 $0.00 $0.00 $0.00 $62,000.00 COMBINED WATER/SEWER          $244,572.45 $243,605.80 $254,867.07 $0.00 $271,057.00 CAPITAL CONTRIBUTIONS         $230.00 $0.00 $0.00 $0.00 $0.00 COMBINED WATER/SEWER          $6,744.00 $6,548.00 $6,788.00 $0.00 $7,000.00 RUSTLEWOOD SEWER & WATER Grand Total $255,439.81 $250,946.25 $262,070.24 $227,238.24 $280,057.00 SALARIES & WAGES $92,142.50 $96,095.89 $100,392.79 $108,200.98 $149,294.00 PERSONNEL BENEFITS $38,629.01 $44,480.82 $43,146.98 $51,195.65 $69,341.00 SUPPLIES $10,960.67 $7,772.23 $11,189.73 $43,695.19 $16,852.00 EXTERNAL SERVICES $75,930.02 $92,628.09 $58,149.74 $49,605.15 $99,230.00 INTERGOVERNMENTAL $8,498.31 $9,391.61 $10,131.79 $8,838.71 $12,548.00 CAPITAL OUTLAY $56,329.34 $34,384.73 $0.00 $0.00 $200,000.00 DEBT SERVICE(PRINCIPAL) $20,281.41 $1,176,623.75 $29,195.00 $0.00 $32,770.00 DEBT SERVICE(INTEREST) $50,514.59 $69,557.25 $32,803.03 $14,613.93 $29,228.00 INTERNAL SERVICES $43,614.96 $49,125.02 $47,310.47 $51,170.76 $56,530.00 GRAND TOTAL $269,775.47 $299,493.66 $270,321.50 $312,706.44 $403,795.00 SURPLUS/DEFICIT $14,335.66 $48,547.41 $8,251.26 $85,468.20 $123,738.00 ‐5% ‐16% ‐3% ‐27% ‐31% 411 RW 2019 Actuals 2020 Actuals 2021 Actuals 2022 thru 11/09/2022 2022 Budgeted MISC OTHER REVENUE             748.00$                              184.00$                              3.90$                                  3.42$                                              385.00$                              TRANSFER IN ‐ ARPA             ‐$                                    ‐$                                    ‐$                                    ‐$                                                100,000.00$                      TRANSFER IN‐WW SYSTEM DEVE ‐$                                    ‐$                                    318.03$                              ‐$                                                ‐$                                    INVESTMENT EARNINGS            5,776.15$                          1,894.67$                          269.80$                              5,709.42$                                      3,000.00$                          CAPITAL CONTRIBUTIONS          ‐$                                    19,147.58$                        7,952.57$                          2,884.59$                                      ‐$                                    BEG FUND COMMITTED             ‐$                                    ‐$                                    ‐$                                    ‐$                                                604,335.00$                      WATER SALES                    198,575.74$                      194,016.83$                      204,001.49$                      196,181.84$                                 216,845.00$                      WATER SALES RESERVE ACCT       10,916.00$                        10,335.58$                        10,854.00$                        9,928.00$                                      12,000.00$                        CAPITAL CONTRIBUTIONS          7,347.36$                          ‐$                                    ‐$                                    ‐$                                                ‐$                                    BEARDS COVE WATER Grand Total 212,447.25$                      215,243.08$                      212,545.79$                      204,779.27$                                 220,230.00$                      SALARIES & WAGES 42,082.96$                        42,030.64$                        44,128.95$                        33,648.68$                                   65,077.00$                        PERSONNEL BENEFITS 17,630.74$                        19,220.25$                        18,767.67$                        15,022.13$                                   29,995.00$                        SUPPLIES 8,920.39$                          1,394.73$                          4,656.83$                          9,615.69$                                      6,958.00$                          EXTERNAL SERVICES 38,157.03$                        22,641.78$                        42,490.82$                        35,756.18$                                   56,453.00$                        INTERGOVERNMENTAL 12,754.99$                        11,755.48$                        11,744.83$                        10,498.78$                                   12,133.00$                        CAPITAL OUTLAY 158,941.87$                      18,350.66$                        ‐$                                    ‐$                                                115,000.00$                      DEBT SERVICE(PRINCIPAL) 3,006.00$                          3,786.41$                          3,896.07$                          2,740.55$                                      4,010.00$                          DEBT SERVICE(INTEREST) 6,226.00$                          7,807.59$                          7,697.93$                          5,418.45$                                      7,584.00$                          INTERNAL SERVICES 23,373.48$                        25,443.95$                        30,836.72$                        27,692.34$                                   30,540.00$                        GRAND TOTAL 142,919.59$                      122,486.83$                      152,625.82$                      132,233.80$                                 201,156.00$                      (SURPLUS)/DEFICIT 69,527.66$                        92,756.25$                        59,919.97$                        72,545.47$                                   19,074.00$                        49% 76% 39% 55% 9% 412 BC  2019 Actuals 2020 Actuals 2021 Actuals 2022 thru 11/09/2022 2022 Budgeted MISCELLANEOUS‐OTHER REVENUE    4,007.29$                                     ‐$                                               1,404.34$                                     2,457.44$                                     ‐$                                               MISCELLANEOUS‐NON OPERATING    524.00$                                         76.00$                                           11.69$                                           ‐$                                               ‐$                                               INT & OTHR EARNINGS‐INV INT    5.66$                                             1.88$                                             0.29$                                             13,254.04$                                   4,500.00$                                     LOCAL ENTITLEMENTS/PAYMENTS    13,965.50$                                   13,135.15$                                   ‐$                                               ‐$                                               500,000.00$                                 CAPITAL CONTRIBUTIONS          ‐$                                               34,083.00$                                   666,070.00$                                 609,208.55$                                 551,300.00$                                 BWWR PRINCIPAL                 ‐$                                               36,024.12$                                   27,335.18$                                   ‐$                                               REFUNDING LONG TERM DEBT       ‐$                                               5,274,195.16$                             3,167,955.00$                             ‐$                                               ‐$                                               BEG FUND COMMITTED             ‐$                                               ‐$                                               ‐$                                               ‐$                                               1,194,294.00$                             OTHER NON REVENUE BWWR PRIN    35,005.02$                                   ‐$                                               ‐$                                               ‐$                                               40,000.00$                                   SEWER EXT PSIC PLANNING/DESIGN 80,050.72$                                   440,163.68$                                 620,554.68$                                 66,246.52$                                   8,000,000.00$                             BELFAIR SEWER EXTENSION        70,779.13$                                   ‐$                                               ‐$                                               ‐$                                               ‐$                                               SEWER SERVICE CHARGES          463,580.29$                                 479,504.28$                                 477,234.94$                                 438,011.22$                                 529,408.00$                                 OTHER INTEREST EARNINGS        6,489.09$                                     6,435.23$                                     3,324.03$                                     9,601.58$                                     4,000.00$                                     CAPITAL CONTRIBUTIONS          41,635.00$                                   ‐$                                               ‐$                                               ‐$                                               ‐$                                               TRANSFER IN SALES/USE TAX      450,000.00$                                 450,000.00$                                 450,000.00$                                 ‐$                                               450,000.00$                                 TRANSFER IN ‐ ARPA             ‐$                                               ‐$                                               ‐$                                               ‐$                                               330,000.00$                                 TRANS IN REET 2 FUND 351       800,000.00$                                 800,000.00$                                 800,000.00$                                 ‐$                                               800,000.00$                                 TRANSFER IN‐WW SYSTEM DEVEL    ‐$                                               ‐$                                               703.06$                                         ‐$                                               ‐$                                               BELFAIR WW & WATER RECLAMATION Grand Total 622,025.48$                                 522,041.51$                                 510,013.53$                                 463,324.28$                                 577,908.00$                                 SALARIES & WAGES 129,673.12 191,860.05 176,579.73 202,118.78 184,261.00 PERSONNEL BENEFITS 55,953.02 88,276.07 76,082.99 84,920.98 84,733.00 SUPPLIES 36,913.32 51,269.42 32,690.97 67,432.89 46,724.00 EXTERNAL SERVICES 307,598.78 318,363.19 201,463.10 192,461.20 643,852.00 INTERGOVERNMENTAL 11,236.61 11,409.09 23,945.27 13,341.55 20,148.00 CAPITAL OUTLAY 150,829.85 494,122.22 622,353.23 126,282.49 5,500,000.00 DEBT SERVICE(PRINCIPAL) 686,165.70 5,965,628.75 4,032,149.25 22,222.73 912,491.00 DEBT SERVICE(INTEREST) 297,534.06 290,766.17 202,806.79 70,840.04 139,974.00 INTERNAL SERVICES 65,588.72 60,633.87 61,867.37 63,111.39 72,230.00 GRAND TOTAL 606,963.57 721,811.69 572,629.43 623,386.79 1,051,948.00 (SURPLUS)/DEFICIT 15,061.91 199,770.18 62,615.90 160,062.51 474,040.00 2% ‐28% ‐11% ‐26% ‐45% 153.6 112.32 118.08 129.6 166.08 413 BELFAIR WW Utility Per ERU GP on Empty lot Duplex/unit Connection Fee Re‐Connect Fee Grinder Fee Permit Fee Inspect Fee Re‐inspect Fee Shop Rate/hr RW Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 RW Sewer $118.15 $236.30/$118.15 $6,065.72 $150.00 $75.00 $75.00 $75.00 NBCI Sewer $124.86 $87.40 $174.80/$87.40 $11,954.72 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 BC Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Belfair $100.80 $70.53 $11,300.00 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 Plan Review Comm or subdiv Monthly Rate 2024 Miscellaneous Fees Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 6, 2023 Agenda Date: November 21, 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: Increase the 2023 Non-Represented Medical Contribution Background/Executive Summary: The Board has determined that a $52 medical increase for Elected Officials and Non-Represented employees; from $1,466 per month to $1,518 per month; maintains parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County as well as adopting the County’s 2024 health insurance contributions set forth below. For participants enrolled in PEBB, effective January 1, 2024, for Elected Officials, eligible Non-Represented employees, and the following Collective Bargaining Agreements: Teamsters Community and Family Health, General Services, Probation, Prosecuting Clerical, and I.A.M. Woodworkers Public Defender’s Support Staff, Public Defenders, and Deputy Prosecutors utilizing a pooling method to allocate contributions to be resulting in a distribution as follows: $1236.69 per month per employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,840.24 per month per employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): N/A Mason County Agenda Request Form Requested Action: Approval of the Resolution amending Resolution 2022-072 for the County’s 2024 health insurance contributions to the following: effective January 1, 2024 for participants of the PEBB Medical program, which allocates through the pooling method, $1,236.69 per month County contribution for employees with single enrollments on medical and $1,840.24 per month County contribution for employees with dependent enrollments for Non-Represented, Elected Officials, and the following Collective Bargaining Agreements: Teamsters Community and Family Health, General Services, Probation, Prosecuting Clerical, and I.A.M. Woodworkers Public Defender’s Support Staff, Public Defenders, and Deputy Prosecutors and to approve the 2024 Medical Rate Sheet as presented. Attachments: Resolution Medical Rate Sheet Mason County Agenda Request Form To: Board of Mason County Commissioners From: Becky Rogers Ext. 268 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 6, 2023 Agenda Date: November 21, 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: Mark Nault Reappointment to the Mason County Civil Service Commission Background/Executive Summary: The Civil Service Commission of Mason County is governed by RCW 41.14. The Civil Service Commission ensures the rules for operation of the civil service system are consistent with state law, hears investigations and appeals or complaints, and certifies testing process and procedures. The Commission is required to meet monthly and serves without compensation. Mark Nault would like to be reappointed to the Civil Service Commission for a six-year term that will expire December 31, 2029. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to reappoint Mark Nault to the Mason County Civil Service Commission for a six-year term expiring December 31, 2029. Attachments: Email 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): November 6, 2023 Agenda Date: November 21, 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: Foothills Park Gatekeeper Agreement Background/Executive Summary: In the latter part of September 2022, William Long (Secretary/Treasurer of the Friends of Lake Cushman Dog Park) approached Mason County Parks and Trails, presenting a proposal for an enclosed dog run to be erected at Foothills Park. The group had $9,235.00 to donate for the project's total cost. The proposal was brought to the Mason County Commission, asking the remainder of the total cost, estimated at approximately $18,000, be provided by Mascon County, roughly $8,765. In addition, the group would partner with Mason County Parks and Trails to maintain the enclosure. Additional fencing quotes were needed to complete the process and award the project. The Dog Park located at Foothills Park is completed and in full use. Due to the winter Foothills Park schedule, where the park traditionally closes and the Park Host’s duties are reduced, an additional agreement is necessary to ensure the Dog Park is accessible. The attached agreement is executed between Mason County Parks and Trails Department and the Friends of Lake Cushman Dog Park's primary point of contact, Mr. William Long. Mr. Long is issued two keys, which he is the designated primary Foothills Park Gatekeeper and responsible for the opening and closing of the park during the winter schedule. Budget Impact (amount, funding source, budget amendment): NONE Public Outreach (news release, community meeting, etc.): N/A Requested Action: Informational Only. Attachments: Agreement for Masion County Foothills Park Gatekeeper AGREEMENT FOR MASON COUNTY FOOTHILLS PARK GATEKEEPER THIS AGREEMENT made and entered into this ______ day of ____________, 20___, by and between the Mason County Parks and Trails Department, hereinafter referred to as “PARKS AND TRAILS” and the Friends of Foothills Dog Park previously known as Friends of Lake Cushman Dog Park and hereinafter referred to as “CONTRACTEE”, WITNESSETH: WHEREAS, prior to 2023, Mason County Foothills Park was closed between November 1 and February 28 of each year per the contract with the current Park Attendant. WHEREAS, the parties wish to enter into an agreement to cover the previously closed period of operation of the Mason County Foothills Park and the primary point of contact for this agreement will be William Long who shall safeguard the assigned two identical keys; and, WHEREAS, this agreement between PARKS AND TRAILS and the CONTRACTEE is non- compensatory and shall be in effect only during the Mason County Foothills Park winter hours of operation between November 1 through February 28 annually; and, WHEREAS, as a stipulation for the installation of the Foothills Dog Park, the CONTRACTEE will assume the opening and closing of the Mason County Foothills Park entrance and the duties of the gatekeeper shall begin November 1 and continue through February 28 of each year. Operational hours and days shall be determined by the CONTRACTEE at no expense to Mason County. NOW THEREFORE, IT IS HEREBY AGREED, keys to the Mason County Foothills Park shall be issued to the above designated individuals representing the CONTRACTEE appointed by the organization’s governing board and shall become the responsibility of the designated individual. If the key is lost or damaged, replacement costs will be at the expense of the CONTRACTEE. Keys shall be returned to PARKS AND TRAILS on March 1 and the Gatekeeper function will be returned to the Park Attendant per their contract. EXECUTED the date and year hereinabove mentioned at Mason County, Washington. CONTRACTOR: MASON COUNTY ADMINISTRATOR Friends of Foothills Dog Park Mark Neary APPROVED AS TO FORM: Tim Whitehead, Chief Deputy Prosecutor 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): November 6, 2023 Agenda Date: November 21, 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: Washington State Conservation Commission Contract Amendments for the Voluntary Stewardship Program Background/Executive Summary: The Washington State Conservation Commission has provided an amount of $240,000 to support the Voluntary Stewardship Program (VSP) from July 1, 2023 through June 30, 2025. The County contracts with Mason Conservation District to serve as a Lead Entity for the VSP responsible for completing a VSP Work Plan as detailed in RCW36.70A.700-790. The VSP is an option incentive- based program approach to protecting critical areas while promoting agriculture. The Washington State Conservation Commission is providing additional funding as amendments to the contract for a total contract amount of $,781,548.20. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Amendments to the Voluntary Stewardship Program (VSP) contract to add $541,548.20 from The Washington State Conservation Commission. Attachments: Washington State Commission Formal Amendment #1 and #2 to Contract No. K2420 Mason Conservation District Amendment #4 to Contract #19-053. 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): November 13, 2023 Agenda Date: November 21, 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: Requests for Supplemental Appropriations and Amendments to the Second Budget Amendment Public Hearing for 2023 Background/Executive Summary: Requests for supplemental appropriations and amendments to the 2023 budget are attached. This is the second and last scheduled 2023 budget hearing. Budget Impact (amount, funding source, budget amendment): See attached. Public Outreach (news release, community meeting, etc.): RCW 36.40.100 requires the Board to publish notice in the official county newspaper for two consecutive weeks prior to the budget hearing. Requested Action: Approval to set a Public Hearing for Tuesday, December 19, 2023 at 9:15 a.m. to consider and approve supplemental budget requests and budget transfers to the 2023 Budget. Attachments: Resolution of Proposed 2023 Budget Amendment No. 2 Detail and Detailed Budget Entries RESOLUTION NO. 2023 BUDGET BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENT REQUESTS - NOTICE OF HEARING WHEREAS, by reason of conditions which could not be reasonably foreseen at the time of making the budget for the year 2023, it is necessary to make provisions for supplemental appropriations and amendments to the budget as required by RCW 36.40.100, and RCW 36.40.195; and WHEREAS, the revenue and expenditure adjustments to County funds, as listed in Attachments A & B to this Resolution, are required in order to incorporate into the budget the revenues and expenditures now identified, which were not known at the time of original budget adoption; and WHEREAS, the net total of adjustments to 2023 authorized expenditure appropriations in the General Fund is an increase of $1,054,462; and WHEREAS, the net total of adjustments to 2023 authorized expenditure appropriations in funds other than the General Fund is an increase of $4,260,831; and THEREFORE, BE IT RESOLVED BY THE Board of Mason County Commissioners: That the 21st day of November, 2023 at the hour of 9:15 a.m., in the Mason County Commissioners Chambers in Courthouse Building I, 411 North 5th Street, Shelton, Washington, is hereby fixed as the time and place for a public hearing upon the matter of Budget Amendment Requests to the 2023 Budget as provided in Attachments A & B to this Resolution. Contact person: Jennifer Beierle, Budget Manager, (360) 427-9670 ext. 532 A copy of this resolution and the proposed amendments to the 2023 budget is available by contacting Toni Monnier at (360) 427-9670 ext. 644. The Clerk of the Board is hereby authorized, empowered, and directed to cause notice of such hearing to be published as provided by law. DATED this 21st day of November, 2023 ATTEST: ____________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ____________________________ Tim Whitehead, Chief DPA CC: Auditor – Financial Services Publish 2x 11/30 & 12/7 bill to Commissioners, 411 North 5th Street, Shelton BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _________________________________ Sharon Trask, Chair _________________________________ Randy Neatherlin, Commissioner _________________________________ Kevin Shutty, Commissioner ATTACHMENT A TO RESOLUTION NO. _________ 2023 BUDGET AMENDMENT #2  DETAIL LINE FUND  NO. FUND NAME DEPARTMENT  2023  REVENUE  CHANGE   2023  EXPENDITURE  CHANGE  DESCRIPTION 1 194  195  199 LAKE MANAGEMENT  DISTRICTS (8,926)              ERROR CORRECTION FROM 1ST BA TO MOVE  FUNDS OUT OF EFB & INTO PROF SERVICES 2 001 GENERAL FUND WSU 13,000             691                   NEW 2023 GRANT CONTRACTS $13K; MOTOR  POOL REPAIR OF $691 3 001 GENERAL FUND AUDITOR, DEM,  LEOFF, DISTRICT  COURT 86,500              CONTRACTUAL SALARY INCREASES RESULTED IN  NEED FOR BUDGET INCREASE IN SOME GENERAL  FUND DEPARTMENTS 4 001 GENERAL FUND WSU, ASSESSOR,  SHERIFF 64,100              UNANTICIPATED MOTOR POOL COSTS: WSU  REPAIRS $1100; ASSESSOR REPAIRS $3K; SHERIFF  CAPITAL UFPIT INCREASES $60K 5 001 GENERAL FUND AUDITOR 27,300             27,300              ELECTION SERVICES GRANT #2 6 001 GENERAL FUND FACILITIES &  GROUNDS 50,000              INCREASED COST FOR CUSTODIAL & ELECTRICAL  DUE TO TAKING ON 2 NEW BUILDINGS 7 001 GENERAL FUND CLERK 11,054              DESK SCANNERS PURCHASED FOR STAFF  PURCHASED THROUGH INFO TECHNOLOGY DEPT 8 001 GENERAL FUND SHERIFF 205,025           FOOD SERVICES $27,012, ARMORED VEHICLE  COVER $5K, FARO SCANNER $70K, TASER LEASE  CONTINUATION $21K, & DRONES APPROVED  $82,013 9/12 & 9/26 9 001 GENERAL FUND DISTRICT COURT  & SUPERIOR  COURT 31,381              JAVS UPGRADE APPROVED 8/1/2023 BY BOARD  ACTION: $4,195 DC; $27,186 SC 10 001 GENERAL FUND OFFICE OF PUBLIC  DEFENSE 115,392           85,000              INCREASED NEED FOR CONTRACT ATTORNEYS  DUE TO LONGER TRIALS THAN ANTICIPATED:  $85K & TST TRANSFER FOR 2022 BILLING DONE  IN 2023 11 001 GENERAL FUND JUVENILE COURT 2,000                ONE ADDITIONAL COMPUTER REPLACEMENT  MISSED IN THE 2023 PLAN 12 001 GENERAL FUND NON  DEPARTMENTAL 334,873           GORST COALITION FOR 2021‐2023 PAID IN 2023  $25K; EDC CONTRACT INCREASE FOR  RECOMPETE $30K; RISK MNGT/PROP INS INC OF  $279,873 OVER BUDGET 13 001 GENERAL FUND TRANSFERS OUT 156,538           TRANSFER TO RUSTLEWOOD TO SUPPORT  OPERATIONS $100K; TRANSFER TO ELECTIONS  EQUIPMENT FROM HAVA GRANT REVENUE  $56,538 14 104 AUDITOR'S O&M 33,000              NEW SERVER AND ASSOCIATED LICENSES 15 109 ELECTION  EQUIPMENT 56,538             203,706           VOTE BY MAIL ENVELOPE SORTING MACHINE 16 117 COMMUNITY  SUPPORT SERVICES 2,773,000       2,773,000        NEW FEDERAL & STATE PASS THROUGH GRANT  FUNDING 17 117  160  180 COMMUNITY  SUPPORT SERVICES,  LAW LIBRARY,  TREASURER'S O&M 3,500                CONTRACTUAL SALARY INCREASES RESULTED IN  NEED FOR BUDGET INCREASE IN CERTAIN FUNDS 18 142 NARCOTICS  INVESTIGATION FUND 50,000             50,000              UNANTICIPATED REVENUE & EXPENSE FROM  FELONY FORFIETURE Page 1 of 2 ATTACHMENT A TO RESOLUTION NO. _________ 2023 BUDGET AMENDMENT #2  DETAIL LINE FUND  NO. FUND NAME DEPARTMENT  2023  REVENUE  CHANGE   2023  EXPENDITURE  CHANGE  DESCRIPTION 19 150 COMMUNITY  SERVICES HEALTH 790,000           790,000           CONTRACTS RECEIVED DURING 2023 BUDGET  YEAR NOT ORIGINALLY BUDGETED FOR 20 164 MENTAL HEALTH TAX 115,392           TRANSFER TO OPD FOR 2022 BILLING DONE IN  2023 21 402 MASON COUNTY  LANDFILL 301,159           PURCHASE OF ROLL‐OFF TRUCK  22 411 RUSTLEWOOD SEWER  & WATER 100,000           TRANSFER FROM GENERAL FUND TO SUPPORT  OPERATIONS GENERAL FUND TOTAL 155,692           1,054,462        OTHER FUNDS TOTAL 3,769,538       4,260,831        ALL FUNDS GRAND TOTAL 3,925,230       5,315,293        Page 2 of 2 ATTACHMENT B TO RESOLUTION NO. _________ 2023 BUDGET AMENDMENT #2 DETAILED BUDGET ENTRIES LINE  FROM  A ACCOUNT TYPE I/D REVENUE EXPENDITURE  FUND  BALANCE  CHANGE   PROPOSED  BUDGETED FB  TOTAL  DESCRIPTION 1 194.000000.000.000.508.41.500000.0000.00.1 I 21,623           ‐                       END FUND COMMITTED 1 194.000000.100.000.553.60.541010.0000.00.1 D 21,623            PROFESSIONAL SERVICES 1 195.000000.000.000.508.41.500000.0000.00.1 D 3,675             ‐                       END FUND COMMITTED 1 195.000000.000.000.553.60.541010.0000.00.1 I 3,675               PROFESSIONAL SERVICES 1 199.000000.000.000.508.41.500000.0000.00.1 D 9,022             ‐                       END FUND COMMITTED 1 199.000000.001.000.553.60.541010.0000.00.1 I 9,022               PROFESSIONAL SERVICES 2 001.000000.010.003.334.02.310337.0000.00.2 I 3,000           GIANT HOGWEED ‐ DEPT AG GRANT 2 001.000000.010.003.334.02.340200.0000.00.2 I 10,000         STATE PARKS‐WEEDS 2 001.000000.320.000.508.91.500000.0000.00.2 I 13,000           3,691,344       END FUND UNASSIGNED 2 001.000000.010.003.553.60.548778.0000.00.1 I 691                   MOTOR POOL REPAIRS 2 001.000000.320.000.508.91.500000.0000.00.1 D 691                3,690,653       END FUND UNASSIGNED 3 001.000000.030.031.514.23.510020.0000.00.1 I 10,000            CHIEF FINANCIAL OFFICER 3 001.000000.030.032.514.30.510014.0000.00.1 I 10,000            RECORDING MGR/ARCHIVE COORD 3 001.000000.030.033.514.81.510012.0000.00.1 I 10,000            LICENSING LEAD 3 001.000000.030.034.514.40.510010.0000.00.1 I 10,000            ELECTIONS SUPERINTENDENT 3 001.000000.050.000.525.10.510020.0000.00.1 I 20,000            ADMINISTRATIVE COORDINATOR 3 001.000000.058.271.517.20.520040.0000.00.1 I 20,000            LEOFF I MEDICAL 3 001.000000.100.000.512.40.510010.0000.00.1 I 6,500               JUDGE 3 001.000000.320.000.508.91.500000.0000.00.1 D 86,500           3,604,153       END FUND UNASSIGNED 4 001.000000.010.003.553.60.548778.0000.00.1 I 1,100               MOTOR POOL REPAIRS 4 001.000000.020.000.514.24.548778.0000.00.1 I 3,000               MOTOR POOL REPAIRS 4 001.000000.205.267.594.21.564778.0000.00.1 I 60,000            MOTOR POOL CAP UPFIT 4 001.000000.320.000.508.91.500000.0000.00.1 D 64,100           3,540,053       END FUND UNASSIGNED 5 001.000000.030.034.334.00.330040.0000.00.2 I 27,300          ELECTIONS SECURITY ENHANCEMENT 5 001.000000.030.034.514.40.541010.0000.00.2 I 27,300            PROFESSIONAL SERVICES 6 001.000000.055.000.518.30.531020.0000.00.1 I 15,000             JANITORIAL SUPPLIES 6 001.000000.055.000.518.30.541030.0000.00.1 I 15,000             JANITORIAL SERVICES 6 001.000000.055.000.518.30.547010.0000.00.1 I 20,000            ELECTRICITY ‐ PUD 6 001.000000.320.000.508.91.500000.0000.00.1 D 50,000           3,490,053       END FUND UNASSIGNED 7 001.000000.070.000.512.30.535098.0000.00.1 I 11,054             IT TRACKABLLE EQUIPMENT 7 001.000000.320.000.508.91.500000.0000.00.1 D 11,054           3,478,999       END FUND UNASSIGNED 8 001.000000.205.267.521.22.535010.0000.00.1 I 111,000           TACTICAL EQUIPMENT 8 001.000000.205.267.521.22.535020.0000.00.1 I 67,013             SWAT/SAR EQUIPMENT 8 001.000000.205.270.523.90.541010.0000.00.1 I 27,012             FOOD SERVICES 8 001.000000.320.000.508.91.500000.0000.00.1 D 205,025        3,273,974       END FUND UNASSIGNED 9 001.000000.100.000.512.40.548010.0000.00.1 I 4,195                MACHINE MAINTENANCE 9 001.000000.250.000.512.21.548010.0000.00.1 I 27,186             COPIER & JAV MAINTENANCE 9 001.000000.320.000.508.91.500000.0000.00.1 D 31,381           3,242,593       END FUND UNASSIGNED 10 001.000000.240.000.515.92.541040.0000.00.1 I 85,000             ADULT FELONY MISC SERVICES 10 001.000000.320.000.508.91.500000.0000.00.1 D 85,000           3,157,593      END FUND COMMITTED 20 164.000000.100.000.597.00.500240.0000.00.1 I 115,392          TRANSFER OUT: OPD 20 164.000000.100.000.508.31.500000.0000.00.1 D 115,392       END FUND RESTRICTED 10 001.000000.240.000.397.00.300164.0000.00.2 I 115,392       TRANSFER IN MENTAL HEALTH 10 001.000000.320.000.508.91.500000.0000.00.2 I 115,392        3,272,985       END FUND UNASSIGNED 11 001.000000.170.000.527.60.535098.0000.00.1 I 2,000               IT TRACKABLE EQUIPMENT 11 001.000000.320.000.508.91.500000.0000.00.1 D 2,000             3,270,985       END FUND UNASSIGNED 12 001.000000.300.000.518.63.541010.0000.00. 1 I 25,000            GORST COALITION 12 001.000000.300.000.558.70.541010.0000.00.1 I 30,000            ECON OPPORTUNITY PROF SERVICES 12 001.000000.300.312.518.90.546030.0000.00.1 I 279,873          RISK MNGT/PROPERTY INSURANCE 12 001.000000.320.000.508.91.500000.0000.00.1 D 334,873        2,936,112      END FUND COMMITTED 14 104.000000.000.000.594.14.564010.0000.00.1 I 33,000            CAPITAL EQUIPMENT 14 104.000000.000.000.508.31.500000.0000.00.1 D 33,000           459,710         END FUND RESTRICTED 15 109.000000.000.000.594.11.564010.0000.00 1 I 147,168          MACHINERY & EQUIPMENT 15 109.000000.000.000.508.31.500000.0000.00.1 D 147,168        138,501         END FUND RESTRICTED Page 1 of 2 ATTACHMENT B TO RESOLUTION NO. _________ 2023 BUDGET AMENDMENT #2 DETAILED BUDGET ENTRIES LINE  FROM  A ACCOUNT TYPE I/D REVENUE EXPENDITURE  FUND  BALANCE  CHANGE   PROPOSED  BUDGETED FB  TOTAL  DESCRIPTION 15 109.000000.000.000.397.00.300001.0000.00.2 I 56,538         TRANSFER IN (HAVA GRANT) 15 109.000000.000.000.594.11.564010.0000.00 2 I 56,538            MACHINERY & EQUIPMENT 13 001.000000.310.000.597.00.500109.0000.00.1 I 56,538            TRANSFER OUT: ELECTIONS EQUIP 13 001.000000.320.000.508.91.500000.0000.00.1 D 56,538           2,879,574      END FUND COMMITTED 16 117.000000.000.200.333.21.302702.0000.00.2 I 173,000       ERAP 2.0 GRANT 16 117.000000.000.200.333.21.302703.0000.00.2 I 600,000       EHF‐EMERGENCY HOUSING FUND 16 117.000000.000.200.334.04.320017.0000.00. 2 I 1,500,000   CHG ‐ DEPT OF COMMERCE GRANT 16 117.000000.000.200.334.04.320018.0000.00. 2 I 500,000       HEN ‐ DEPT OF COMMERCE GRANT 16 117.000000.000.200.565.40.541000.0000.00. 2 I 773,000          PROFESSIONAL SERVICES 16 117.000000.000.200.565.40.541029.0000.00. 2 I 1,500,000       CHG PROFESSIONAL SERVICES 16 117.000000.000.200.565.40.541030.0000.00. 2 I 500,000          HEN PROFESSIONAL SERVICES 17 117.000000.000.200.565.40.510020.0000.00.1 I 2,000               COMMUNITY HEALTH SPECIALIST 17 117.000000.000.200.508.31.500000.0000.00.1 D 2,000             1,417,758      END FUND RESTRICTED 17 160.000000.000.000.572.20.510010.0000.00.1 I 500                  LAW LIBRARIAN CLERK 17 160.000000.000.000.508.31.500000.0000.00.1 D 500                26,078           END FUND RESTRICTED 17 180.000000.100.000.514.22.510020.0000.00.1 I 1,000               COLLECTIONS DEPUTY 17 180.000000.000.000.508.31.500000.0000.00.1 D 1,000             60,941           END FUND RESTRICTED 18 142.000000.000.000.369.30.300030.0000.00.2 I 50,000         FELONY FORFIETURE 18 142.000000.000.000.521.80.549000.0000.00.2 I 50,000            MISC SERVICES 19 150.000000.100.000.336.04.325000.0000.00.2 I 300,000       REV/FOUNDATIONAL PUBLIC HLTH 19 150.000000.200.000.331.93.327601.0000.00.2 I 190,000       CDC‐DFC 19 150.000000.200.000.333.93.395920.0000.00.2 I 300,000       LEAD PILOT PROG‐FED PORTION 19 150.000000.100.000.562.10.546010.0000.00.2 I 70,000            RISK POOL INSURANCE 19 150.000000.200.000.562.20.541010.0000.00.2 I 680,000          PROFESSIONAL SERVICES 19 150.000000.300.000.562.50.541010.0000.00.2 I 40,000            PROFESSIONAL SERVICES 21 402.000000.000.000.594.37.564000.0000.00.1 I 301,159          CAPITAL MACHINERY & EQUIPMENT 21 402.000000.000.000.508.41.500000.0000.00.1 D 301,159        2,787,062      END FUND COMMITTED 13 001.000000.310.000.597.00.500411.0000.00.1 I 100,000          TRANSFER OUT RUSTLEWOOD 13 001.000000.320.000.508.91.500000.0000.00.1 D 100,000        2,779,574       END FUND UNASSIGNED 22 411.000000.100.000.397.00.300001.0000.00. 2 I 100,000        TRANSFER IN CE 22 411.000000.000.000.508.41.500000.0000.00.2 I 100,000        100,000         END FUND RESERVED General Fund Total: 155,692       1,054,462        (898,770)       Other Funds Total: 3,769,538    4,260,831        (491,293)       All Funds Grand Total: 3,925,230    5,315,293        (1,390,063)   Page 2 of 2 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): November 13, 2023 Agenda Date: November 21, 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: Budget Movements from Salaries and Benefits to Operating Background/Executive Summary: There are several Departments and Offices requesting or in need of budget movement greater than $15,000 between Operating expenses and Salaries and Benefits. → Belfair Sewer Fund 413 may need up to $100,000 moved from Operating expenses to Salaries and Benefits to accommodate a larger allocation of time spent at the facility than was budgeted for. → American Rescue Plan Act (ARPA) Fund 155 needs to move up to $30,000 from Operating expenses to Salaries and Benefits to accommodate the ARPA approved Jail signing bonuses. Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the movement of budget for the following funds: Belfair Sewer Fund 413 move $100,000 from Operating to Salaries and Benefits and American Rescue Plan Act (ARPA) Fund 155 move $30,000 from Operating to Salaries and Benefits. Attachments: 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): November 13, 2023 Agenda Date: November 21, 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: Budget Movements from Salaries and Benefits to Operating Background/Executive Summary: There are several Departments and Offices requesting or in need of budget movement greater than $15,000 between Salaries and Benefits and Operating expenses. → Office of Public Defense requested to move $100,000 from Salaries & Benefits to Operating expenses; leaving $15,000 available to move if needed later in the year (OPD briefed October 30, 2023) → Juvenile Court Services is requesting to move $40,000 from Salaries & Benefits to Operating expenses to replace the intercom system at the Detention Facility. → Assessor may need up to $15,000 moved from Salaries & Benefits to Operating expenses. The Assessor has already moved $15,000 from Salaries & Benefits to Operating expenses this year. Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the movement of budget for the following Departments: Office of Public Defense move $100,000 from Salaries & Benefits to Operating leaving $15,000 in budget capacity; Juvenile Court Services move $40,000 from Salaries & Benefits to Operating leaving $15,000 in budget capacity; and Assessor’s Office move up to $15,000 from Salaries & Benefits to Operating. Attachments: Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: Choose an item. Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 6, 2023 Agenda Date: November 21, 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: Rate of 2/10 of 1% Sales & Use Tax for 911 Emergency Communication Operations Ballot Proposition Background/Executive Summary: In 2007, Mason County placed a proposition on the ballot authorizing a 1/10 of 1% Sales & Use Tax for E911 (Resolution no. 92-07) as authorized by RCW 82.14.420. RCW 82.14.420 Sales and use tax for emergency communication systems and facilities. (1) A county legislative authority may submit an authorizing proposition to the county voters, and if the proposition is approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter for the purposes designated in subsection (3) of this section. (2) The tax authorized in this section is in addition to any other taxes authorized by law and must be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of tax may not exceed two-tenths of one percent of the selling price in the case of sales tax, or value of the article used, in the case of a use tax*. (3) Moneys received from any tax imposed under this section must be used solely for the purpose of providing funds for costs associated with financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, reequipping, and improvement of emergency communication systems and facilities. … *RCW was changed in 2019 allowing up to 2/10 of 1% for this tax The Mason County Emergency Communications (MACECOM) 911 Center is the 24- hour primary public safety answering point of E911 calls and provides dispatch services to the Mason County Sheriff’s Office, Shelton Police Department, Skokomish Tribal Police, Squaxin Island Police and the Mason County Fire Districts. Each of these entities has an appointed representative on the MACECOM Governance Board. Mason County Agenda Request Form The MACECOM Governance Board submitted a resolution recommending the County Commissioners put forward a proposition to the voters of Mason County authorizing the sales & use tax for E911 be set at two- tenths of one percent. Additional funding is needed to fund necessary critical infrastructure, increased staffing and operations of the emergency communications center in order to provide vital public safety services to the public. The deadline for the November 7 General Election was August 1 and the next Special Election is February 13, 2024. The resolution deadline to place the proposition on that ballot is December 15, 2023. Budget Impact (amount, funding source, budget amendment): The cost of the February Special Election will be shared by the entities submitting ballot propositions. The 1/10 of 1% tax generated $1.2M in 2022 and YTD (Sept 2023), $1.4M has been generated. Public Outreach (news release, community meeting, etc.): MACECOM is providing public outreach. Requested Action: Approval of the Resolution placing a proposition on the February 13, 2024 Special Election ballot authorizing a Sales & Use tax rate of 2/10 of 1% Sales & Use Tax for 911 Emergency Communication Operations. Attachments: Resolution J:\RESOLUTIONS & ORDINANCES\RESOLUTIONS -ORDINANCES Word Files\2023\Emergecy Communications Tax to Ballot.doc RESOLUTION NO. _______ A RESOLUTION TO AUTHORIZE A SALES AND USE TAX AT THE RATE OF TWO-TENTHS OF ONE PERCENT FOR 911 EMERGENCY COMMUNICATION SYSTEMS AND FACILITIES BE PLACED ON A BALLOT WHEREAS, RCW 82.14.420 authorizes the Mason County Board of Commissioners to submit to the County voters a proposition for the imposition of a sales and use tax not to exceed two-tenths of one percent for the sole purpose of providing funds for the cost of financing, design, acquisition, construction, equipping, operatin g, maintaining, remodeling, repairing, reequipping, and improvement of emergency communication systems and facilities; and WHEREAS, this Emergency Communications Tax was authorized by the voters of Mason County in 2007 at the rate of one-tenth of one percent; and WHEREAS, The MACECOM Governance Board submitted a resolution recommending the County Commissioners put forward a proposition to the voters of Mason County authorizing the sales & use tax for E911 be set at two-tenths of one percent. The additional funding is needed to fund necessary critical infrastructure, increased staffing and operations of the emergency communications center in order to provide vital public safety services to the public; WHEREAS, emergency communication systems and facilities (911) are essential to our communities when dealing with personal and community emergencies and natural disasters; and WHEREAS, a sales and use tax lessens the burden on property owners in Mason County and spreads the costs associated with emergency communication systems and facilities (911) to the user groups as a whole, including government entities and visitors purchasing goods within Mason County; and WHEREAS, the Board of County Commissioners of Mason County, Washington finds that imposition of this sales and use tax will serve the public health, safety and welfare of its citizens and that a measure authorizing the tax at two-tenths of one percent should be placed before the qualified votes of the County. NOW, THEREFORE, BE IT RESOLVED: Section 1. The voters of Mason County shall decide whether to authorize a sales and use tax of two-tenths of one percent, in accordance with RCW 82.14.420, for the purpose of providing ongoing funds for costs associated with financing, design, acquisition, cons truction, equipping, operating, maintaining, remodeling, repairing, reequipping, and improvement of emergency communication systems and facilities. Section 2. The Mason County Auditor is hereby directed to place upon the ballot for the special election to be held on February 13, 2024, a proposition substantially as follows: J:\RESOLUTIONS & ORDINANCES\RESOLUTIONS -ORDINANCES Word Files\2023\Emergecy Communications Tax to Ballot.doc MASON COUNTY PROPOSITION NO.________ EMERGENCY COMMUNICATION SYSTEMS (9-1-1) SALES AND USE TAX The Mason County Board of Commissioners adopted Resolution No________, concerning a sales and use tax increase pursuant to RCW 84.14.420. If approved, this proposition would authorize Mason County to impose a sales and use tax of two-tenths of one percent to provide ongoing funds for financing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, ree quipping, and improvement of emergency communication systems and facilities commonly known as the 911 system. Should this proposition be approved? Yes …………………………………. No…..……………………………... RESOLVED this______day of_________________, 2023. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ Sharon Trask, Chair ____________________________________ Randy Neatherlin, Commissioner ____________________________________ Kevin Shutty, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Paddy McGuire Ext. 206 Department: Superior Court Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 13, 2023 Agenda Date: November 21, 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: Court Commissioners Pro-Tem Pay Increase from $75 to $90 Background/Executive Summary: The pay for Court Commissioners pro-tem was last increased almost four years ago and the County currently pays less than comparable and neighboring counties. This increase would get Mason County on par with comparable counties and would not affect the pay of the permanent Court Commissioner who is a full-time County employee. This would affect only the temporary, part-time Commissioners that are brought on in times of absence of judicial officers. Budget Impact (amount, funding source, budget amendment): Included in the 2024 budget request. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution to increase the Court Commissioners Pro-Tempore pay from $75 per hour to $90 per hour. Attachments: Resolution Resolution No. RESOLUTION AMENDING RESOLUTION NO. 2020-04 SETTING THE SALARY FOR COURT COMMISSIONERS PRO TEMPORE APPOINTED BY THE JUDGES OF SUPERIOR COURT WHEREAS, RCW 2.24.030 designates that the Board of Mason County Commissioners shall set the salary for the Court Commissioners pro tempore appointed by the judges of the Superior Courts; and, WHEREAS, the Board of Mason County Commissioners has determined that the salary of $75 per hour as set by the Board in 2020 should be increased to $90 per hour; and, NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County hereby increase the hourly salary for the Mason County Superior Court Commissioners pro tempore, excluding any Court Commissioner position otherwise set by contract, from $75 per hour to $90 per hour effective January 1, 2024. DATED this day of _____________, 2022. ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ___________________________________ Sharon Trask, Chair ___________________________________ Randy Neatherlin, Vice-Chair ___________________________________ Kevin Shutty, Commissioner 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): November 13, 2023 Agenda Date: November 21, 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: Annual Office of Public Defense Grant Background/Executive Summary: Acceptance of the annual Office of Public Defense (OPD) grant. Budget Impact (amount, funding source, budget amendment): $62,656 in revenue – already accounted for. Public Outreach (news release, community meeting, etc.): None Requested Action: Approval of the Washington State Office of Public Defense (OPD) grant for the amount of $62,656 for the period of January 1, 2024 through December 31, 2024. Attachments: Agreement Agreement No. ICA24024 1 of 4 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1.Recipient –RCW 10.101.070 Funds Mason County 411 N 5th St Shelton, WA 98584 2.Recipient Representative Peter Jones Chief Public Defender Mason County 411 N 5th St Shelton, WA 98584 3.Office of Public Defense (OPD) 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 4.OPD Representative Geoffrey Hulsey Managing Attorney WA State Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5.Distribution Amount $62,656.00 6.Use Period January 1, 2024 through December 31, 2024 7.Purpose Chapter 10.101 RCW county distributions are statutory formula distributions for the purpose of improving the quality of public defense services in Washington State counties. The Office of Public Defense (OPD) and Recipient, as defined above, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start January 1, 2024 and end December 31, 2024. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: Special Terms and Conditions, and General Terms and Conditions. FOR THE RECIPIENT ______________________________________ Name, Title ______________________________________ Date FOR OPD _______________________________________ Geoffrey D. Hulsey, Managing Attorney Public Defense Improvement Program, OPD _______________________________________ Date Agreement No. ICA24024 2 of 4 SPECIAL TERMS AND CONDITIONS 1.AGREEMENT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. a.The Representative for OPD and their contact information are identified on the Face Sheet of this Agreement. b.The Representative for the Recipient and their contact information are identified on the Face Sheet of this Agreement. 2.DISTRIBUTION AMOUNT The Distribution Amount is Sixty-two thousand six hundred fifty-six dollars and 00/100 Dollars ($62,656.00) to be used for the purpose(s) described in the USE OF FUNDS below. 3.PROHIBITED USE OF FUNDS (as adopted in OPD Policy County/City Use of State Public Defense Funding) a.Funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of RCW 10.101.070 funds. b.Funds cannot be spent on purely administrative functions or billing costs. c.Funds cannot be used for indigency screening costs. d.Funds cannot be used for technology systems or administrative equipment intended for county administrative staff, court staff or judicial officers. e.Funds cannot be used for county attorney time, including advice on public defense contracting. 4.USE OF FUNDS a.Recipient agrees to use the RCW 10.101.070 funds to improve the quality of legal representation directly received by indigent defendants. (See Chapter 10.101 RCW and OPD Policy County/City Use of State Public Defense Funding for guidelines regarding permitted uses of state public defense funds.) b.Recipient agrees to use the funds for the following purpose(s): i.Adding investigator services; ii.Adding expert services. c.Recipient agrees to use the funds in calendar year 2023. If Recipient is unable to use the funds in 2023, the Recipient agrees to notify OPD to determine what action needs to be taken. d.Recipient agrees to deposit the RCW 10.101.070 funds check within 14 days of receipt. 5.OVERSIGHT Over the duration of the grant term, OPD may conduct site visits for purposes of addressing improvements to public defense and ensuring the use of grant funds for their specified purposes. At OPD’s request, Grantee will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and county representatives. 6.ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: a.Applicable federal and state of Washington statutes, regulations, and court rules b.Special Terms and Conditions c.General Terms and Conditions Agreement No. ICA24024 3 of 4 GENERAL TERMS AND CONDITIONS 1.ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 2.AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3.AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 29 CFR Part 35. The Recipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4.ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Recipient without prior written consent of OPD. 5.ATTORNEY’S FEES Unless expressly permitted under another provision of the Agreement, in the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs. 6.CONFORMANCE If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7.ETHICS/CONFLICTS OF INTEREST In performing under this Agreement, the Recipient shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8.GOVERNING LAW AND VENUE This Agreement 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. 9.INDEMNIFICATION To the fullest extent permitted by law, the Recipient shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Agreement. 10.LAWS The Recipient shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. 11.NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Recipient shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Recipient’s non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part. 12.RECAPTURE In the event that the Recipient fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of the Agreement, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. Agreement No. ICA24024 4 of 4 13.RECORDS MAINTENANCE The Recipient shall maintain all books, records, documents, data and other evidence relating to this Agreement. Recipient shall retain such records for a period of six (6) years following the end of the Agreement period. 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 finally resolved. 14.RIGHT OF INSPECTION At no additional cost all records relating to the Recipient’s performance under this Agreement shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Agreement. The Recipient shall provide access to its facilities for this purpose. 15.SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 16.SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, OPD may terminate this Contract. OPD shall in good faith provide as much notice as possible of such termination. 17.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 Agreement unless stated to be such in writing. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Luke Viscusi on behalf of the Mason County Historic Preservation Commission Ext. 282 Department: Community Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 11/13/2023 Agenda Date: 11/21/2023 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: Reappoint Edgar Huber to the Mason County Historic Preservation Commission Background/Executive Summary: The Mason County Historic Preservation Commission is a seven-member commission which serves to identify and actively encourage the conservation of Mason County’s historic resources. Currently, the HPC has one position that expires on November 30th, 2023, and one vacant seat that expires on November 30th, 2025. The term expiring this year is currently occupied by Edgar Huber, who has reapplied for another term. The empty seat is open until filled. Mason County has received no other applications for either of the two positions. Mason County Code 17.40.040(b)(2) states that “the commission should include at least two professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of … prehistoric and historic archaeology … or related disciplines.” Edgar Huber fulfills this requirement as his application states he has been a professional archaeologist throughout the western US for the past 46 years. Budget Impact (amount, funding source, budget amendment): None. Public Outreach (news release, community meeting, etc.): On October 24, 2023, the Board of County Commissioners issued a New Release to advertise two open positions on the Historic Preservation Commission. Requested Action: Approval to reappoint Edgar Huber for a new three-year term on the Mason County Historic Preservation Commission, beginning December 2023, and ending November 2026. Mason County Agenda Request Form Attachments: • Current Mason County Historic Preservation Membership List • Mason County Historic Preservation Commission Application from Edgar Huber • Mason County Code 17.40.040 – Mason County Historic Preservation Commission Mason County Historic Preservation Commission Membership List 2023 Mason County Historic Preservation Commission Membership List Member Position Member Since Term Start Term End Jann Goodpaster Vice Chair Nov 2024 Caleb Cowles Nov 2024 Bill Jensen Nov 2025 Vacant Nov 2025 David Dally Nov 2025 Edgar Huber Chair, Professional Expertise Nov 2023 Andrea Exo Jun 2023 Jun 2023 Jun 2026 Shaun Dinubilo Ex-Officio Member Kris Miller Ex-Officio Member Created: 2023-10-29 15:26:21 [EST] (Supp. No. 64, 8-23) Page 1 of 3 17.40.040 Mason County historic preservation commission. (a) Creation and Size. There is hereby established a Mason County historic preservation commission, consisting of seven members, as provided in subsection (b)(3) below. Members of the Mason County historic preservation commission shall be appointed by the Mason County board of commissioners and shall be residents of Mason County except as provided in subsection 17.40.040(b)(2) below. (b) Composition of the Commission. (1) All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. (2) The commission should include at least two professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines; and one member who is a duly authorized representative of a local Indian Tribe. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting certified local government (CLG) responsibilities cited in the certification agreement between the Mason County board of commissioners and the State Historic Preservation Officer on behalf of the state. Exception to the residency requirement of up to two commission members may be granted by the Mason County board of commissioners in order to obtain representatives from these disciplines. (3) In making appointments, the Mason County commissioners may consider names submitted from any source, but the Mason County board of commissioners shall notify history and Mason County development related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other source. (c) Terms. The original appointment of seven members to the commission shall be as follows: three for two years, two for three years and two for four years. Thereafter, appointments shall be made for a three year term. Vacancies shall be filled by the Mason County board of commissioners for the unexpired term in the same manner as the original appointment. (d) Powers and Duties. The major responsibility of the historic preservation commission is to identify and actively encourage the conservation of the Mason County's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the Mason County's history and historic resources; and to serve as Mason County's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the historic preservation commission shall engage in the following: (1) Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the Mason County and known as the Mason County historic inventory, and publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on Created: 2023-10-29 15:26:21 [EST] (Supp. No. 64, 8-23) Page 2 of 3 official zoning records with an "HI" (for historic inventory designation). This designation shall not change or modify the underlying zone classification. (2) Initiate and maintain the Mason County register of historic places. This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the commission as having historic significance worthy of recognition and protection by Mason County and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties. (3) Review nominations to the Mason County register of historic places according to criteria in Section 17.40.050(b) of this ordinance and adopt standards in its rules to be used to guide this review. (4) Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in Section 17.40.060; and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. (5) Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties. (6) Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. (7) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. (8) Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the Mason County area. (9) Review and comment to the Mason County board of commissioners on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of Mason County, other neighboring communities, Mason County, Native American Tribes, state or federal governments, as they relate to historic resources of Mason County. (10) Advise the Mason County commissioners generally on matters of Mason County history and historic preservation. (11) Perform other related functions assigned to the commission by the Mason County board of commissioners. (12) Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. (13) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. Created: 2023-10-29 15:26:21 [EST] (Supp. No. 64, 8-23) Page 3 of 3 (14) Be informed about and provide information to the public and Mason County departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. (15) Review nominations to the State and National Registers of Historic Places. (16) Investigate and report to the Mason County board of commissioners on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Mason County. (17) Serve as the local review board for special valuation and: (A) Make determination concerning the eligibility of historic properties for special valuation; (B) Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: (C) Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); (D) Approve or deny applications for special valuation; (E) Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the ten year special valuation period; (F) Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW; (G) Work in conjunction with local Indian Tribes and the Tribal Historic Preservation Office (THPO) in determining the eligibility of properties for special valuation on those sites within the exterior boundaries of local Indian Reservations. (18) The commission shall adopt rules of procedure to address items (3), (4), (6) and (17) inclusive. (e) Compensation. All members shall serve without compensation. (f) Rules and Officers. The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the commission's business. (g) Commission Staff. Commission and professional staff assistance shall be provided by the Mason County community development department with additional assistance and information to be provided by other parks and public works departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this chapter. (Ord. 79-05, Attach. A (part), 2005). Mason County Agenda Request Form To: Board of Mason County Commissioners From: Luke Viscusi on behalf of the Mason County Historic Preservation Commission Ext. 282 Department: Community Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): 11/13/2023 Agenda Date: 11/21/2023 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: Extension of Andrea Exo’s term on the Mason County Historic Preservation Commission to November 2026 Background/Executive Summary: The Mason County Historic Preservation Commission is a seven-member commission which serves to identify and actively encourage the conservation of Mason County’s historic resources. Andrea Exo was appointed to the HPC by the Board of County Commissioners on June 20, 2023, for a term ending on June 20, 2026. Previously, all HPC positions expired in November of any given year. This was designed to minimize the amount of requests to the BOCC for filling open positions throughout the year. Terms are also staggered so that only two or three positions need to be renewed each November. Having all HPC positions expire in November and having Andrea Exo’s term expire in November 2026, will streamline annual staff duties and maintain the committee’s consistent structure moving forward. Budget Impact (amount, funding source, budget amendment): None. Public Outreach (news release, community meeting, etc.): None. Requested Action: Approval to extend Andrea Exo’s term on the Mason County Historic Preservation Commission from June 20, 2026, to November 30, 2026. Attachments: • Current Mason County Historic Preservation Membership List • Appointment Letter for Andrea Exo, June 20, 2023 Mason County Historic Preservation Commission Membership List 2023 Mason County Historic Preservation Commission Membership List Member Position Member Since Term Start Term End Jann Goodpaster Vice Chair Nov 2024 Caleb Cowles Nov 2024 Bill Jensen Nov 2025 Vacant Nov 2025 David Dally Nov 2025 Edgar Huber Chair, Professional Expertise Nov 2023 Andrea Exo Jun 2023 Jun 2023 Jun 2026 Shaun Dinubilo Ex-Officio Member Kris Miller Ex-Officio Member 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): November 13, 2023 Agenda Date: November 21, 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: For the past several years, CHOICE Health Network has supported local forums with financial assistance. Our local forum, Mason Matters, has been supported by CHOICE for $50,000. CHOICE has decided to discontinue local forum support and will instead focus on regional efforts. Mason Matters has been working for decades to improve health locally through citizen forums. In the past, Mason Matters had an executive director to coordinate those efforts. The goal for 2024 is to bring that position back in order to coordinate Mason Matters forums more effectively with Blue Zones and other community partners. Mason County Public Health has the ability to backfill the lost funds through Foundational Public Health Services (FPHS) Community Health Assessment and Improvement funds in order to keep local work moving forward. We propose adding $50,000 to the current Mason Matters contract bringing the total Public Health contributions to $75,000 effective January 1, 2024. Budget Impact (amount, funding source, budget amendment): $50,000 Public Outreach (news release, community meeting, etc.): Informational only. Requested Action: Approval to add $50,000 in Foundational Public Health Services (FPHS) Community Health Assessment and Improvement funding to the Mason Matters contract effective January 1, 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 $75,000 Funding Source State Public Health Assistance Fund Federal None Contract Term Duration July 1, 2023 – June 30, 2024 January 1, 2024 to December 31, 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 $75,000 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, 3 payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY’s customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal 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. 6 Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. 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 8 CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY’s option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and 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 9 given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 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: David Windom Ext. 260 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 13, 2023 Agenda Date: November 21, 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: Fund Training for Staff to Enhance Careers Background/Executive Summary: Purpose: enhance staff’s professional capabilities by making funds available for training. Note, training must be job specific and directly relating to the trade or profession. Funding: Department will make available funds of up to $1,000 per employee per year for employees to select training opportunities that will enhance their careers. Timing: funds will be available starting January 2024. The program will be contingent upon availability of funds. Budget Impact (amount, funding source, budget amendment): Funds have already been received in CONCON amendments 13 and 14, no additional County funds will be required. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to fund training for Public Health staff to enhance careers. Attachments: Training Availability and Training Request Form Training Availability Purpose: Enhance staff's professional capabilities by making funds available for training. Note: Training must be job-specific, directly relating to your trade or profession. Funding: The Department will make available funds of up to $1000 per employee per year for employees to select training opportunities that will enhance their careers. Timing: Funds will be available starting January 2024. The program will continue contingent upon availability of funds. Process: • Employee selects training program • Employee fills out training request form o Shows the purpose of training o Identifies timelines o Outlines costs  Fees  Registrations  Travel  Testing  Supplies • Submit training request form to Supervisor • Upon Supervisor approval, forwarded to Director for approval • Upon final approval coordinate with finance for travel arrangements and registrations • Upon completion of training, provide documentation/certificates of training to the supervisor for inclusion in employee records. The funds are limited to not more than $1000 per employee, all employees are eligible to receive funds for appropriate training. Public Health Office Director Approval: Date: Comple�on Checklist: ☐ COMPLETE and submit “Request for TRAINING & Approval” form to manager for approval. ☐ Include any documenta�on on training vendor(s), lis�ng date(s), loca�on(s), etc. ☐ Proof of payment (original receipts, etc.) are required for reimbursement. ☐ If Con�nuing Educa�on classes are required; submit comple�on cer�ficate or copy of license. ☐ Submit completed form (step 1) & any accompanying documenta�on to FM Business Office 30 days prior to atending. Employee Name (print): Department/Zone: Employee Banner Number: Training Desired: Training Provider: Loca�on: Cost: Dates: Addi�onal Informa�on: ☐ I hereby acknowledge that the information and amount(s) listed for this expenditure is accurate. Manager Approval: Date: Request for TRAINING & Approval 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: ☒ Public Hearing: ☐ Action Agenda: ☒ Special Meeting: ☐ Briefing Date(s): November 13, 2023 Agenda Date: November 21, 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: Road Closure – Roy Boad Road and Portion of Clifton Lane “North Mason Community Celebrations Committee Christmas Parade” – December 3, 2023 Background/Executive Summary: Public Works received a request from North Mason Community Celebrations Committee requesting to use the Roy Boad Road and a portion of Clifton Lane for a Christmas Parade on Sunday, December 3, 2023, from 3:00pm to 4:45pm. The use will require a road closure on Roy Boad Road and a partial road closure on Clifton Lane from approximately milepost 0.12 (at Roy Boad Road) to milepost 0.20 (intersection with Old Belfair Highway). There will be off-duty Officers to open the road if emergency services need access during closure. Budget Impact (amount, funding source, budget amendment): Publication cost in the Shelton Journal. Public Outreach (news release, community meeting, etc.): Notice of closure will be published one (1) time in the Shelton Journal, posted on county website, channel 3 and Facebook. Requested Action: Requesting the Board authorize to close Roy Boad Road and a portion of Clifton Lane from approximately milepost 0.12 to milepost 0.20 on Sunday, December 3, 2023, from 3:00pm to 4:45pm. Attachments: • Map • Notice ROAD CLOSURE NOTICE FOR A CHRISTMAS PARADE ROY BOAD ROAD & CLIFTON LANE NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010, Roy Boad Road and a portion of Clifton Lane shall be closed to all through traffic on Sunday, December 3, 2023, from 3:00pm to 4:45pm. The portion of the road closure on Clifton Lane will be from approx. milepost 0.12 (at Roy Boad Road) to milepost 0.20 (intersection with Old Belfair Highway). NOW THEREFORE, BE IT RESOLVED, the Board of County Commissioners has declared the above-described road closure a necessity for the safety of the public during the North Mason Community Celebrations Committee Christmas Parade. Emergency services will have access during the closure. THEREFORE, the County Engineer is hereby ordered and authorized to proceed as prescribed by law. Dated this ____ day of November, 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _____________________________________ McKenzie Smith, Clerk of the Board cc: Commissioners Engineer JOURNAL: Publ. 1t.: 11/30/23 (Bill Road Dept.) POST: At Least three (3) days prior to closure. 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): November 13, 2023 Agenda Date: November 21, 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: Adopt-A- Road Application Background/Executive Summary: Mason County Board of Commissioners established the Adopt-A-Road litter control program (County Code Chapter 12.48) allowing volunteers to register to pick up roadside litter off of County maintained roads. Public Works has received an application submitted by Lovelocks Locksmith Services, requesting to adopt Trails Road from milepost 1.58 to milepost 3.28. It has been determined that the organization is eligible to participate in the program. Public Works Transportation Technician, Tim Rhoades, will speak with them and make sure they have the proper training before beginning pickup, if approved by the Board, to go over risks, responsibilities, safety rules and answer any questions. The Agreement is for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the Agreement. Public Works agrees to furnish and pick up trash bags, provide safety materials and training aids, along with other provisions spelled out in the Agreement. Pick up and disposal of the trash happens under the Community Litter Cleanup program overseen by the Sheriff’s office. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A. Requested Action: Recommend the Board of County Commissioners authorize the Chair to execute the Adopt-A-Road Agreement between Mason County and Lovelocks Locksmith Services, assigning Trails Road from milepost 1.58 to milepost 3.28, as their designated adopted area. Attachments: 1. Adopt-A-Road Application 2. Vicinity Map GD 2380 RD E RASOR RD WEST E PATHFINDERS DR E TRAILS RD GD 2395 RD E T A C O M A P O W E R L I N E R D GD 2393 RD E TRAILS END DR E TRAILS RD E T R AIL S R D Sherwood Creek Adopt-A-Road area Adopt-A-Road Trails Rd MP 1.58-3.28 Lovelocks Locksmith Services ¯ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Stephanie Buhrman, Finance Manager Ext. 388 Department: Public Works Briefing: ☒ Public Hearing: ☐ Action Agenda: ☒ Special Meeting: ☐ Briefing Date(s): November 13, 2023 Agenda Date: November 21, 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: Contract Amendment - Teresa D Johnson CPA, Inc Consultant Agreement Background/Executive Summary: Public Works requests authorization to extend the agreement with Teresa D Johnson, CPA Inc. to provide technical accounting assistance as needed during the 2024 calendar year. The department also requests authorization to increase the maximum payable amount by $20,000. All tasks originally outlined in the agreement are nearly complete. However, staff wishes to retain on-call assistance as needed throughout 2024. Budget Impact: There are adequate funds within the draft 2024 budget. Public Outreach: N/A Requested Action: Request the Board authorize Public Works to extend the agreement with Teresa D Johnson, CPA Inc. to December 31, 2024, and increase the maximum payable by $20,000 for technical accounting assistance as required. Attachment: Contract 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): November 13, 2023 Agenda Date: November 21, 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: Park Host Contracts for Sandhill and MCRA Background/Executive Summary: The Park Host at Mason County Recreation Area (MCRA) has moved out. The current Park Hosts at Sandhill would like to move to MCRA, and the current Park Host at Oakland Bay would like to move to Sandhill. Budget Impact (amount, funding source, budget amendment): Public Outreach (news release, community meeting, etc.): Requested Action: Approval of the Mason County Parks and Trails On-Site Park Host Agreements with Scott and Kris Hewitt for Mason County Recreation Area (MCRA) and with Anthony Mullen for Sandhill Park set to expire December 31, 2026. Attachments: Contracts Park Host Contract Page 1 of 3 MASON COUNTY PARKS AND TRAILS On-site Park Host CONTRACTUAL AGREEMENT AGREEMENT made between __Scott & Kris Hewitt____, of Mason County, hereinafter referred to as On-site Park Host and MASON COUNTY PARKS AND TRAILS DEPARTMENT, State of Washington, County of Mason, State of Washington, hereinafter referred to as Contractor. RECITALS: Park Host is willing to be contracted by Contractor, and Contractor is willing to contract the Park Host, on the terms, covenants, and conditions set forth hereinafter including such terms, covenants and conditions as may be set forth hereinafter. SECTION ONE – DUTIES. Contractor hereby engages Park Host as the Park Host of MASON COUNTY PARKS AND TRAILS DEPARTMENT, Mason County Recreation Area (MCRA), Shelton, Washington. The duties of MASON COUNTY PARKS AND TRAILS Park Host specifically require:  Being at the Mason County Park site during the hours of darkness and during the day on Friday, Saturday, Sunday and Holidays. Time off during the week is allowable, please notify the contractor.  Park Host will open and close the park daily in accordance with park hours as deemed so by Contractor. The evening security round shall consist of ensuring the doors of all buildings or restrooms are locked, gates are shut and locked, and all guests are off the grounds.  Conduct a daily park inspection, advising Mason County Parks and Trails Department of any hazardous or unsafe condition that may exist; any broken fixtures, lighting or plumbing and any vandalism to the park facilities.  Perform light maintenance of park grounds as directed, i.e. stock and clean restrooms, litter pick -up, and other duties as assigned.  Park Host agrees to call the Mason County Sheriff if anything out of the ordinary is observed or heard; but under no condition or situation will attempt to apprehend the person(s) so acting.  Requests for off duty time shall be negotiated with the Contractor.  Park Host is required to make the appropriate contacts if any situation should require intervention by parks staff or law enforcement. Contact persons are: 1. John Taylor 360-427-9670, extension 806 Cell: 360-463-9448 Home: 360-751-2961 2. Carl Olson 360-427-9670, extension 535 Cell: 360-490-0539 OR Emergency: 911 Park Host hereby accepts and agrees to such engagement, subject to the general supervision and pursuant to the orders, advice and direction of related services and duties as may be assigned to him/her from time to time by Contractor, subject to mutual consideration of Section Three . SECTION TWO - TERMS. The term of this agreement shall be from November 17, 2023 to December 31, 2026. Park Host Contract Page 2 of 3 SECTION THREE - COMPENSATION TO PARK HOST/RESIDENT. Contractor shall provide for Park Host, and Park Host shall accept from Contractor, in full payment for Park Host services the following: A designated park host site located at the park. Be it understood that the Park Host shall be responsible for providing his/her telephone carrier and long distance service. Contractor shall provide electrical utilities, water, septic and garbage service. SECTION FOUR – PARK HOST/RESIDENT BENEFITS. It is understood and agreed by both Contractor and Park Host that Park Host is not an employee of Contractor and shall not receive the benefits available to Mason County Employees including, but not limited to: vacation time, sick leave, personal holiday , medical insurance, dental insurance, vision insurance, etc. It is further agreed by the Contractor to carry Industrial Insurance coverage on the Park Host. SECTION FIVE – CONDITIONS OF SERVICE. Park Host shall maintain designated residential area in a neat, orderly manner, and shall prevent the accumulation of debris, or any other material or objects which are not compatible to the environment of the park area such as metal, lumber or wood products, abandoned vehicles or appliances, tires or any other like materials. No services or activities shall be undertaken on Mason County Parks Property which result in compensation or benefit to the Park Host. There shall be no unauthorized or private use of park. All residents at the County-owned premises shall undergo a Washington State Patrol Background Check that indicates they are acceptable for involvement with youth activities. No illegal activities involving the Park Host shall be undertaken or allowed to take place on or about the park properties or Park Host residence. Only the Park Host shall be allowed to operate County-owned equipment, and then, only in the performance of work approved by the County. Residence in County-owned facilities is restricted to the Contractor and their immediate family. Residence shall be defined as any extended stay of more than one week in a calendar month. Immediate family shall mean the spouse and or legal dependants of the Contractor. SECTION SIX - CONFLICTING OBLIGATION. In cases of emergency or conflicting obligation, the Park Host is responsible for the continued completion of the duties specified in this contract. If the Park Host is unable to resolve the conflict, Mason County Parks and Trails Director must be notifie d. SECTION SEVEN - CONTRACT AUTHORITY RESERVED BY COUNTY. Notwithstanding anything contained herein to the contrary, Contractor shall not have the right to make any contracts or commitments for, or on behalf of the County without the written consent of the County SECTION EIGHT - ENTIRE AGREEMENT. This Agreement, together with any Attachments, represents the obligations of both the County and the Contractor in their entirety. No other representations, whether verbal or in writing, that are not contained herein, shall be binding upon the parties. SECTION NINE - AMENDMENT OF AGREEMENT. This Agreement may be changed or modified only with the mutual agreement of both the Contractor and the Park Host, and only then upon approval through the appropriate processes then in effect for the County for the obligations contained in any modificati on or change. SECTION TEN - TERMINATION. This agreement may be terminated by either party, without cause, upon six weeks written notice to the other. In case of any violation of the terms of this Agreement by Contractor, or the physical inability of the Contractor to perform the required dutie s, the County may terminate employment immediately, with compensation only to the date of such termination. SECTION ELEVEN - SEVERABILITY. In the event that any competent court finds any specific term or provision of this Agreement invalid, the remaining terms and provisions shall be in full force and effect as if such Park Host Contract Page 3 of 3 provisions were not contained herein. SECTION TWELVE - CHOICE OF VENUE. It is the intention of the parties that all suits and special proceedings pertaining to the enforcement of this Agreement shall be in accordance with and pursuant to the laws of the State of Washington. Any actions or matters shall come before the court s of Mason County, Washington for actions and/or decisions. SECTION THIRTEEN - TERMINATION FOR DISABILITY. Notwithstanding anything in this agreement to the contrary, Contractor is hereby given the option to terminate this agreement in the event that Park Host shall, during the term hereof, become permanently disabled, as the term permanently disabled is herei nafter fixed and defined. Such option shall be exercised by Contractor giving notice to Park Host by registered mail, addressed to him/her at (_2100 E Johns Prairie Rd, Shelton, Wa. 98584) or at such other address as Contractor shall designate in writing. On the giving of such notice, this Agreement shall cease on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were t he date originally herein set forth as the termination date thereof. For the purpose of this agreement, Park Host shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability or for other cause beyond his/her control he/she shall have been continuously unable or unwilling or shall have failed to perform his/her duties for a total period of thirty (30) days, irrespective of whether or not such days are consecutive. For the purpose hereof, the term any year of the term hereof, is defined to me an any 12-month calendar year period during the Park Host’s affiliation with the Contractor in the capacity of Mason County Parks and Trails Park Host. SECTION FOURTEEN - SAFETY POLICY. It shall be a condition of employment to follow all safety practices set forth in Mason County Accident Prevention Policy and the State of Washington. IN WITNESS WHEREOF, the parties have executed this agreement at Shelton, Washington on this, the _____day of ________, 20____. ON-SITE PARK HOST ___________________________ ___________________________ Date: __________________________ ATTEST: _________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ____________________________ Tim Whitehead, Chief Deputy Prosecutor MASON COUNTY _______________________________ Mark Neary, County Administrator C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Park Host Contract Sandhill 2026.docx Park Host Contract Page 1 of 4 MASON COUNTY PARKS AND TRAILS On-site Park Host CONTRACTUAL AGREEMENT AGREEMENT made between _Anthony Mullen, of Mason County, hereinafter referred to as On-site Park Host and MASON COUNTY PARKS AND TRAILS DEPARTMENT, State of Washington, County of Mason, State of Washington, hereinafter referred to as Contractor. RECITALS: Park Host is willing to be contracted by Contractor, and Contractor is willing to contract the Park Host, on the terms, covenants, and conditions set forth hereinafter including such terms, covenants and conditions as may be set forth hereinafter. SECTION ONE – DUTIES. Contractor hereby engages Park Host as the Park Host of MASON COUNTY PARKS AND TRAILS DEPARTMENT, Sandhill Park, Belfair, Washington. The duties of MASON COUNTY PARKS AND TRAILS Park Host specifically require:  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.  Being at the Mason County Park site during the hours of darkness and during the day on Friday, Saturday, Sunday and Holidays. Time off during the week is allowable, please notify the contractor.  Park Host will open and close the park daily in accordance with park hours as deemed so by Contractor. The evening security round shall consist of ensuring the doors of all buildings or restrooms are locked, gates are shut and locked, and all guests are off the grounds.  Conduct a daily park inspection, advising Mason County Parks and Trails Department of any hazardous or unsafe condition that may exist; any broken fixtures, lighting or plumbing and any vandalism to the park facilities.  Perform light maintenance of park grounds as directed, i.e. stock and clean restrooms, litter pick -up, and other duties as assigned.  Park Host agrees to call the Mason County Sheriff or 911 if anything out of the ordinary is observed or heard; but under no condition or situation will attempt to apprehend the person(s) so acting.  Requests for off duty time shall be negotiated with the Contractor.  Park Host is required to make the appropriate contacts if any situation should require intervention by parks staff or law enforcement. Contact persons are: 1. Carl Olson 360-427-9670, extension 535 Cell: 360-490-0539 2. John Taylor 360-427-9670, extension 806 Cell: 360-463-9448 OR Emergency: 911 Park Host hereby accepts and agrees to such engagement, subject to the general supervision and pursuant to the C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Park Host Contract Sandhill 2026.docx Park Host Contract Page 2 of 4 orders, advice and direction of related services and duties as may be assigned to him/her from time to time by Contractor, subject to mutual consideration of Section Three. SECTION TWO - TERMS. The term of this agreement shall be from November 17, 2023 to December 31, 2026. SECTION THREE - COMPENSATION TO PARK HOST/RESIDENT. Contractor shall provide for Park Host, and Park Host shall accept from Contractor, in full payment for Park Host services the following: A designated park host site located at the park. Be it understood that the Park Host shall be responsible for providing his/her telephone carrier and long distance service. Contractor shall provide electrical utilities, water, septic and garbage service. SECTION FOUR – PARK HOST/RESIDENT BENEFITS. It is understood and agreed by both Contractor and Park Host that Park Host is not an employee of Contractor and shall not receive the benefits available to Mason County Employees including, but not limited to: vacation time, sick leave, personal holiday , medical insurance, dental insurance, vision insurance, etc. It is further agreed by the Contractor to carry Industrial Insurance coverage on the Park Host. SECTION FIVE – CONDITIONS OF SERVICE. Park Host shall maintain designated residential area in a neat, orderly manner, and shall prevent the accumulation of debris, or any other material or objects which are not compatible to the environment of the park area such as metal, lumber or wood products, abandoned vehicles or appliances, tires or any other like materials. No services or activities shall be undertaken on Mason County Parks Property which result in compensation or benefit to the Park Host. There shall be no unauthorized or private use of park. All residents at the County-owned premises shall undergo a Washington State Patrol Background Check that indicates they are acceptable for involvement with youth activities. No illegal activities involving the Park Host shall be undertaken or allowed to take place on or about the park properties or Park Host residence. Only the Park Host shall be allowed to operate County-owned equipment, and then, only in the performance of work approved by the County. Residence in County-owned facilities is restricted to the Contractor and their immediate family. Residence shall be defined as any extended stay of more than one week in a calendar month. Immediate family shall mean the spouse and or legal dependents of the Contractor. Upon termination of the contract the Park Host shall remove all personal belongings, vehicles, etc. from the premises by the final day of the contract. SECTION SIX - CONFLICTING OBLIGATION. In cases of emergency or conflicting obligation, the Park Host is responsible for the continued completion of the duties specified in this contract. If the Park Host is unable to resolve the conflict, Mason County Parks and Trails Manager must be notified. SECTION SEVEN - CONTRACT AUTHORITY RESERVED BY COUNTY. Notwithstanding anything contained herein to the contrary, Contractor shall not have the right to make any contracts or commitments for, or on behalf of the County without the written consent of the County SECTION EIGHT - ENTIRE AGREEMENT. This Agreement, together with any Attachments, represents the obligations of both the County and the Contractor in their entirety. No other representations, whether verbal or in writing, that are not contained herein, shall be binding upon the parties. SECTION NINE - AMENDMENT OF AGREEMENT. This Agreement may be changed or modified only with the C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Park Host Contract Sandhill 2026.docx Park Host Contract Page 3 of 4 mutual agreement of both the Contractor and the Park Host, and only then upon approval through the appropriate processes then in effect for the County for the obligations contained in any modification or change. SECTION TEN - TERMINATION. This agreement may be terminated by either party, without cause, upon six weeks written notice to the other. In case of any violation of the terms of this Agreement by Contractor, or the physical inability of the Contractor to perform the required dutie s, the County may terminate employment immediately, with compensation only to the date of such termination. SECTION ELEVEN - SEVERABILITY. In the event that any competent court finds any specific term or provision of this Agreement invalid, the remaining terms and provisions shall be in full force and effect as if such provisions were not contained herein. SECTION TWELVE - CHOICE OF VENUE. It is the intention of the parties that all suits and special proceedings pertaining to the enforcement of this Agreement shall be in accordance with and pursuant to the laws of the State of Washington. Any actions or matters shall come before the court s of Mason County, Washington for actions and/or decisions. SECTION THIRTEEN - TERMINATION FOR DISABILITY. Notwithstanding anything in this agreement to the contrary, Contractor is hereby given the option to terminate this agreement in the event that Park Host shall, during the term hereof, become permanently disabled, as the term permanently disabled is herei nafter fixed and defined. Such option shall be exercised by Contractor giving notice to Park Host by registered mail, addressed to him/her at 1000 NE Sandhill Rd. Belfair, 98528 or at such other address as Contractor shall designate in writing. On the giving of such notice, this Agreement shall cease on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally herein s et forth as the termination date thereof. For the purpose of this agreement, Park Host shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability or for other cause beyond his/her control he/she shall have been continuously unable or unwilling or shall have failed to perform his/her duties for a total period of thirty (30) days, irrespective of whether or not such days are consecutive. For the purpose hereof, the term any year of the term hereof, is defined to me an any 12-month calendar year period during the Park Host’s affiliation with the Contractor in the capacity of Mason County Parks and Trails Park Host. SECTION FOURTEEN - SAFETY POLICY. It shall be a condition of employment to follow all safety practices set forth in Mason County Accident Prevention Procedures and Policy (MC Ord. Chapter 2.124 - https://library.municode.com/wa/mason_county/codes/code_of_ordinances?nodeId=TIT2ADPE_CH2.124SAPOAC PRPR ) and the State of Washington (WAC 296-800). IN WITNESS WHEREOF, the parties have executed this agreement at Shelton, Washington on this, the _____day of _________________, 20____. ON-SITE PARK HOST ___________________________ (Insert Name) ___________________________ (Insert Name) Date: _______________________ MASON COUNTY _____________________________ Mark Neary, County Administrator APPROVED AS TO FORM: C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Park Host Contract Sandhill 2026.docx Park Host Contract Page 4 of 4 ____________________________ Tim Whitehead, Chief Deputy Prosecutor Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Emergency Management Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): November 13, 2023 Agenda Date: November 21, 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: State Homeland Security Program (SHSP) FY-23 Grant Contract # E24-133 Background/Executive Summary: The Mason County Emergency Management Division is part of Homeland Security Region 3 (Mason, Lewis, Thurston, Grays Harbor and Pacific Counties). This is an annual grant received from the US Department of Homeland Security pass-through Washington State Military Department (EMD) and then to the Homeland Security Regions. At our regional level, the funding distribution formula involves a base amount and population. Mason County has received the yearly SHSP Grant since 2003. The funding for this grant has increased by $1,007. This year’s grant amount is $16,342 (2022- $15,335). The grant fund will support the purchase of Zoleo satellite communication devices to support SAR operational communications for the Mason County Sheriff’s Office (MCSO), alternate dispatch consoles at the EOC for MACECOM as backup 911 stations, and a UTV/EMS litter pod for the safe rescue and evacuation of critically injured patients during MCSO SAR operations. Budget Impact (amount, funding source, budget amendment): Increase 2023 budget revenue for Emergency Management and spending authority for the grant amount $16,342. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the State Homeland Security Program (SHSP) FY-23 Grant Contract # E24-133 for $16,342 from Washington State Military Department (EMD) and US Department of Homeland Security for the performance period of September 1, 2023, to March 30, 2025. Mason County Agenda Request Form Attachments: Homeland Security Grant Agreement #E24-133. Signature Authorization Form 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): November 13, 2023 Agenda Date: November 21, 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: Termination of Mason County Housing Authority Contract (No. 22-076) Background/Executive Summary: On October 25, 2022, the Board of County Commissioners entered a contract with the Mason County Housing Authority (MCHA) for the purpose of renovating units in poor repair. The contract for $750,000 was paid up front out of the County’s American Rescue Plan Act (ARPA) funds. The County has never received a quarterly report as required per the terms of the contract and has had trouble receiving relevant information from the MCHA in order to piece the quarterly reports together. For this reason, it is recommended the Board terminate the contract as of November 30, 2023, and request the remaining funds be refunded to the County. If the MCHA refunds the remaining funds to the County by December 31, 2023, the Commissioners have said they would support contracting with the MCHA on a reimbursable basis for the same purpose as the initial ARPA contract. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the letter of termination effective November 30, 2023 for contract no. 22-076 between Mason County and the Mason County Housing Authority. Attachments: Letter 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): November 20, 2023 Agenda Date: November 21, 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 County Jail Expansion Study – Department of Commerce Grant Background/Executive Summary: Mason County is scheduled to receive $999,100 through the 2024 Local and Community Projects Program through the Department of Commerce (DOC) to perform a study to locate, plan, and design a Community Justice Center including a jail, mental health treatment, and substance use disorder (SUD) treatment. The team that prepared the Request for Qualifications (RFQ) has scored the two responses received and has selected bcra TreanorHL to perform the study. This briefing is to request the formal approval of the DOC grant. Budget Impact (amount, funding source, budget amendment): $999,100 in 2024 Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the 2024 Local and Community Projects Program through the Department of Commerce (DOC) in the amount of $999,100. Attachments: Grant Washington State Department of Commerce - Ver.06_09_22 www.commerce.wa.gov Grant to Mason County through The 2024 Local and Community Projects Program For Mason County Jail Expansion (Shelton) – Funding a study for locating, planning, and designing a Community Justice Center Start date: 7/1/2023 DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 TABLE OF CONTENTS Face Sheet ..................................................................................................................... 1 Special Terms and Conditions ........................................................................................ 2 1. Grant Management .................................................................................. 2 2. Compensation .......................................................................................... 2 3. Certification of Funds Performance Measures ......................................... 2 4. Prevailing Wage Law ............................................................................... 3 5. Documentation and Security .................................................................... 3 6. Basis for Establishing Real Property Values for Acquisitions of Real Property .... 4 7. Expenditures Eligible for Reimbursement ................................................ 4 8. Billing Procedures and Payment .............................................................. 4 9. Subcontractor Data Collection……………………………………………… 5 10. Insurance ................................................................................................. 5 11. Order of Precedence ................................................................................ 7 12. Reduction in Funds .................................................................................. 7 13. Ownership of Project/Capital Facilities ..................................................... 7 14. Change of Ownership or Use for GRANTEE-Owned Property ................. 7 15. Change of Use for Leased Property Performance Measure ..................... 8 16. Modification to the Project Budget ............................................................ 8 17. Signage, Markers and Publications .......................................................... 8 18. Historical and Cultural Artifacts ................................................................ 9 19. Reappropriation ....................................................................................... 9 20. Termination for Fraud or Misrepresentation ............................................. 9 21. Fraud and Other Loss Reporting ............................................................ 10 22. Public Records Act ................................................................................. 10 23. Applicability of Copyright Provisions to Architectural/Engineering Design Work 10 General Terms and Conditions ....................................................................................... 1 1. Definitions ................................................................................................ 1 2. Access to Data ......................................................................................... 1 3. Advance Payments Prohibited ................................................................. 1 4. All Writings Contained Herein .................................................................. 1 5. Amendments ............................................................................................ 1 6. Americans with Disabilities Act (ADA) ...................................................... 2 7. Assignment .............................................................................................. 2 8. Attorney’s Fees ........................................................................................ 2 9. Audit ........................................................................................................ 2 10. Breaches of Other State Contracts ..…………………………………………3 11. Confidentiality/Safeguarding of Information .............................................. 3 12. Conflict of Interest .................................................................................... 3 13. Copyright Provision .................................................................................. 4 14. Disputes ................................................................................................... 4 15. Duplicate Payment ................................................................................... 5 16. Governing Law and Venue ....................................................................... 5 17. Indemnification ......................................................................................... 5 18. Independent Capacity of the Grantee ....................................................... 5 19. Industrial Insurance Coverage ................................................................. 5 20. Laws ........................................................................................................ 6 21. Licensing, Accreditation and Registration ................................................ 6 22. Limitation of Authority .............................................................................. 6 23. Noncompliance with Nondiscrimination Laws ........................................... 6 24. Pay Equity……………………………………………………………………….6 DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 25. Political Activities ..................................................................................... 7 26. Publicity ................................................................................................... 7 27. Recapture ................................................................................................ 7 28. Records Maintenance .............................................................................. 7 29. Registration with Department of Revenue ................................................ 7 30. Right of Inspection…………………………………………………… ……….7 31. Savings .................................................................................................... 8 32. Severability .............................................................................................. 8 33. Site Security ............................................................................................. 8 34. Subgranting/Subcontracting ..................................................................... 8 35. Survival .................................................................................................... 8 36. Taxes ....................................................................................................... 8 37. Termination for Cause ............................................................................. 8 38. Termination for Convenience ................................................................... 9 39. Termination Procedures ........................................................................... 9 40. Treatment of Assets ............................................................................... 10 41. Waiver ................................................................................................... 10 Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds; Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 FACE SHEET Grant Number: 24-96647-164 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit 1.GRANTEE 2.GRANTEE Doing Business As (optional) Mason County 411 N Fifth Street Shelton, Washington 98584 3.Grantee Representative 4.COMMERCE Representative Mark Neary County Administrator (360)427-9670 mneary@masoncountywa.gov Mark Porter Project Manager (360)742-4868 Fax 360-586-5880 mark.porter@commerce.wa.gov P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 5.Grant Amount 6.Funding Source 7.Start Date 8.End Date $999,100.00 Federal: State: Other: N/A: 7/1/2023 6/30/2027, contingent on reappropriation, 6/30/2025 if funds are not reappropriated 9.Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A 10.Tax ID #11.SWV #12.UBI #13.DUNS # 91-6001354 0001893-11 232-002-101 N/A 14.Grant Purpose The purpose of this performance-based contract is to provide funding for the locating, planning, and design of a new or expanded jail as described in Attachment A – Scope of Work (the “Project”). COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget, Attachment “C” – Certification of Availability of Funds to Complete the Project, Attachment “D” – Certification of the Payment and Reporting of Prevailing Wages, Attachment “E” – Certification of Intent to Enter LEED process. FOR GRANTEE FOR COMMERCE Sharon Trask, Chair, Mason Co. Board of Commissioners Date Mark K. Barkley, Assistant Director Date APPROVED AS TO FORM Date November 9, 2023 DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 11/13/2023 | 3:00 PM PST 11/14/2023 | 8:24 AM PST SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 2 THIS CONTRACT, entered into by and between Mason County (“GRANTEE”), and the Washington State Department of Commerce (“COMMERCE”), WITNESSES THAT: W HEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and W HEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2023, Chapter 474, Section 1025, made an appropriation to support the 2024 Local and Community Projects Program, and directed COMMERCE to administer those funds; and W HEREAS, the GRANTEE intends to complete the Project, which will result in a study that will be used to identify future capacity needs including locating, designing, and planning construction of a Community Justice Center; and W HEREAS, the enabling legislation stipulates that the GRANTEE is eligible to receive funding for the Project. WHEREAS, the Project is one component of a larger multiphase project, which will result in the building a new or expanded Community Justice Center. NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1.GRANT MAN AGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant. 2.COMPENSATION COMMERCE shall pay an amount not to exceed $999,100.00 for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work. 3.CERTIFICATION OF FUNDS PERFORMANCE MEASURES A.The release of state funds under this contract is contingent upon the GRANTEE certifying that it has expended or has access to funds from non-state sources as set forth in ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non-state sources may consist of a combination of any of the following: i)Eligible Project expenditures prior to the execution of this contract. ii)Cash dedicated to the Project. iii)Funds available through a letter of credit or other binding loan commitment(s). iv)Pledges from foundations or corporations. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 3 v) Pledges from individual donors. vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. vii) In-kind contributions, subject to COMMERCE’S approval. B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources, and shall make such records available for COMMERCE’S review upon reasonable request. 4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 5. DOCUMENTATION AND SECURITY The provisions of this section shall apply to capital projects performed by nonprofit organizations and public benefit corporations that involve the expenditure of over $250,000 in state funds. Additionally, Commerce reserves the right to review all state-funded projects and to require that projects performed by other entity types comply with this section. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for pre-design or design only are exempt from this section. A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the “Deed of Trust”). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of contract execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set forth in Section 2, hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum period of ten (10) years following the later of: (1) final payment of state funds to the GRANTEE under this grant; or (2) the date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is made useable to the public for the purpose intended by the Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the commitment period under this grant contract, COMMERCE may require that GRANTEE record or cause to be recorded a covenant in a superior lien position ahead of the lender’s security instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this contract for at least the term of the commitment period DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 4 E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request. 6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES When all or part of the grant is used to fund the acquisition of real property, before funds are disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the value of the real property eligible for reimbursement as follows: a. GRANTEE purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. b. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures corresponding to activities described in the Scope of Work in the following cost categories: A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. 8. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed – by budget line item – for the billing period. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the contract. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 5 The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this contract, or within fifteen (15) days following the end of the state biennium unless contract funds are reappropriated by the Legislature in accordance with Section 19, hereof. If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in the transmittal letter and request for payment. Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 9. SUBCONTRACTOR DATA COLLECTION GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 10. INSURANCE A. Insurance Requirements for Reimbursable Activities The GRANTEE will maintain appropriate insurance coverage throughout any period in which reimbursable activities are conducted. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. B. Additional Insurance Requirements During the Term of the Grant DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6 The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability related to this Grant but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Commercial General Liability Insurance coverage shall be maintained in full force and effect during the term of this Grant and throughout the commitment period described in Special Terms and Conditions Section 5, 14, and 15. Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to permit such insurance to be written at all times on a replacement cost basis. Such insurance shall cover the following hazards, as applicable: • Loss or damage by fire and such other risks; • Loss or damage from leakage or sprinkler systems now or hereafter installed in any building on the premises; • Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage tanks or similar apparatus now or hereafter installed in a building or building on the premises. Property Insurance coverage shall be maintained in full force and effect during the term of this Grant and throughout the commitment period described in Special Terms and Conditions Section 5, 14, and 15 Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name the GRANTEE and the GRANTEE’s fiscal agent as beneficiary. Fidelity Insurance coverage shall be maintained in full force and effect from the start date of this Grant until Commerce has issued a Close-Out Letter to the Grantee. Fidelity Insurance must be issued on either (a) a “loss sustained” basis; or (b) if issued on a “loss-discovered” basis, provide coverage for at least six months (6 months) following the date of the Close-Out Letter or include an extended reporting period of at least six months following the date of the Close-Out Letter. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 7 Professional Liability, Errors and Omissions Insurance for Contractors. The GRANTEE shall require that any contractors providing professional services that are reimbursable under this Grant maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall require such contractors to maintain minimum limits of no less than $1,000,000 per occurrence. The state of Washington, its agents, officers, and employees need not be named as additional insureds under these policies. GRANTEES and Local Governments that Participate in a Self-Insurance Program. Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A – Scope of Work • Attachment B – Budget • Attachment C – Certification of the Availability of Funds to Complete the Project • Attachment D – Certification of the Payment and Reporting of Prevailing Wages • Attachment E – Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process 12. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract accordingly. 13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this contract; provided, however, that COMMERCE may be granted a security interest in real property, to secure funds DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 8 awarded under this contract. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this contract. 14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the later of: (1) the date the final payment is made hereunder; or (2) the date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose intended by the Legislature. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. 15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this contract shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the later of: (1) the date the final payment is made hereunder; or (2) the date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose intended by the Legislature. B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. 16. MODIFICATION TO THE PROJECT BUDGET A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the line item by more than fifteen percent (15%). B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof, that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 9 D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 2 of this contract. 17. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this contract, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify “The Taxpayers of Washington State” as a participant. 18. HISTORICAL AND CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 21-02 or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with Governor’s Executive Order 21-02 as applicable, coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract. The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the GRANTEE shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The GRANTEE shall require this provision to be contained in all subcontracts for work or services related to the Scope of W ork attached hereto. In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 21-02. In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Historic Preservation Act. 19. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by June 30, 2025 will lapse on that date unless specifically reappropriated by the Washington State Legislature. If DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 10 funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. B. In the event any funds awarded under this contract are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 20. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this contract, COMMERCE reserves the right to terminate or amend this contract accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant. 21. FRAUD AND OTHER LOSS REPORTING Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 22. PUBLIC RECORDS ACT Notwithstanding General Terms and Conditions Section 11, COMMERCE is a public agency subject to the Public Records Act, Chapter 42.56 RCW (the “PRA”). Under the PRA, all materials relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its functional equivalents are considered public records. The PRA requires that public records responsive to a public records request be promptly produced unless the PRA or an “other statute” exempts such records from production. This Agreement is not intended to alter COMMERCE’s obligations under the PRA. The parties agree that if COMMERCE receives a public records request for files that may include confidential information under General Terms and Conditions Section 11, COMMERCE will notify the other party of the request and of the date that the records will be released to the requester unless GRANTEE obtains a court order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, COMMERCE may release the requested information on the date specified. If the GRANTEE obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, COMMERCE shall maintain the confidentiality of the information per the court order. 23. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN WORK The “Copyright Provisions”, Section 13 of the General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. “Grant” and “Agreement” and “Contract” shall mean the entire written agreement between COMMERCE and the GRANTEE, including any exhibits, attachments, documents, or materials incorporated by reference, and any amendments executed by the parties. D. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ”State” shall mean the state of Washington. G. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms “subgrantee/subcontractor” refers to any tier. H. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass- through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. I. “Vendor” is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE’s reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant 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. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 2 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 28 CFR Part 35 The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 8. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys’ fees and costs. 9. AUDIT A. General Requirements COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit services based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements In the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. In any case, the GRANTEE’s records must be available for review by COMMERCE. C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to auditreview@commerce.wa.gov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the GRANTEE must include: • Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 3 • Copy of the Management Letter. If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required. 10. BREACHES OF OTHER STATE CONTRACTS GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State of Washington. A breach of any other agreement entered into between GRANTEE and the State of Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: 1. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by COMMERCE; 2. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number and other identifying numbers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 12. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on this Grant, or any matter related to the project funded under this Grant or any other state funded project, including but not limited to formulating or drafting legislation, participating in grant procurement, planning and DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 4 execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified individually by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract. 13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 14. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the GRANTEE's name, address, and Contract number; and • be mailed to the Director and the other party’s (respondent’s) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s designee and the requestor within five (5) working days. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 5 The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 15. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. The GRANTEE certifies that work to be performed under this contract does not duplicate any work to be charged against any other grant, subgrant/subcontract, or agreement. 16. GOVERNING LAW AND VENUE This Grant 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. 17. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state 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. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys ’ fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The GRANTEE’s obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE’s agents, employees, representatives, or any subgrantee/subcontractor or its employees. The Contractor’s obligation shall not include such claims that may be caused by the sole negligence of the State and its agencies, officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the Contractor, its subcontractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Contractor or its subcontractors, agents, or employees. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the GRANTEE. 19. INDUSTRIAL INSURANCE COVERAGE DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6 The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the GRANTEE. 20. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. 21. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 22. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the GRANTEE’s non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein. The funds provided under this contract may not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this grant. 24. PAY EQUITY The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following: a. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 7 (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise services determines that the GRANTEE is not in compliance with this provision. 25. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 26. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE’s name is mentioned, or language used from which the connection with the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 27. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 28. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE 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 Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, 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. 29. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. 30. RIGHT OF INSPECTION DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 8 At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, 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 Grant. 31. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 32. SEVERABILITY The provisions of this Grant 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 Grant. 33. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 34. SUBGRANTING/SUBCONTRACTING Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for any of the work contemplated under this contract without obtaining prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a subgrantee’s/subcontractor’s performance of the subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. 35. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 36. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 37. TERMINATION FOR CAUSE In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 9 Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a “Termination for Convenience” if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 38. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 39. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE 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, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 10 discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 40. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 41. 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 Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 Attachment A Scope of Work Funds awarded under this Grant Agreement shall be used by Mason County for completion of the Project, which is a study to locate, plan, and design a new or expanded jail facility in Mason County, WA. This Project will include, but not be limited to, conducting a study that reviews space needs, costs, Project timelines, requirements and future expansion ability of a Community Justice Center. This Project will serve as a benefit to the public by facilitating the building of a Community Justice Center, which will be comprised of a county jail, mental health facility, and a substance use disorder facility all on a single campus. It will serve the public by improving public safety, sharing resources, and enhancing rehabilitation opportunities for incarcerated individuals and the general public. This Project is anticipated to be completed by July 2024. Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be within the scope of the legislative appropriation. CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 11/13/2023 | 3:00 PM PST Commissioner Attachment B Budget Line Item Amount Other (Jail Site Design and Citing Study) $999,100.00 Total Contracted Amount: $999,100.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year written below. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 11/13/2023 | 3:00 PM PST Commissioner Attachment C Certification of the Availability of Funds to Complete the Project Non-State Funds Amount Total State Funds State Capital Budget $999,100.00 $999,100.00 Total Non-State and State Sources $999,100.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE’S review upon reasonable request. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 11/13/2023 | 3:00 PM PST Commissioner Attachment D Certification of the Payment and Reporting of Prevailing Wages CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date the Project appropriation becomes effective, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE’S review upon request. If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 Commissioner 11/13/2023 | 3:00 PM PST Attachment E Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year written below. _____________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 11/13/2023 | 3:00 PM PST Commissioner Community Capital Facilities Routing List Name & Title Signature Date Erin Lalonde Budget Analyst Review & Approval Addeline Craig Managing Director Review & Approval Tony Hanson Deputy Director Final Review & Approval DocuSign Envelope ID: D1B2950C-3456-4E84-AEDA-9D2BDEAF2A76 11/13/2023 | 1:12 PM PST 11/14/2023 | 7:06 AM PST 11/14/2023 | 8:12 AM PST Certificate Of Completion Envelope Id: D1B2950C34564E84AEDA9D2BDEAF2A76 Status: Completed Subject: Please DocuSign: 19-21 Contract-CMS Merge.docx, LDR APPROVAL CAPITAL PROGRAMS.pdf Division: Local Government Program: CCF- Capital Programs ContractNumber: 24-96647-164 DocumentType: Contract Source Envelope: Document Pages: 30 Signatures: 10 Envelope Originator: Certificate Pages: 6 Initials: 0 Mark Porter AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 mark.porter@commerce.wa.gov IP Address: 198.239.106.157 Record Tracking Status: Original 11/13/2023 8:07:26 AM Holder: Mark Porter mark.porter@commerce.wa.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign Signer Events Signature Timestamp Erin LaLonde erin.lalonde@commerce.wa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.239.10.230 Sent: 11/13/2023 8:26:07 AM Viewed: 11/13/2023 1:11:34 PM Signed: 11/13/2023 1:12:32 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sharon Trask strask@masoncountywa.gov Commissioner Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.134.98.50 Signed using mobile Sent: 11/13/2023 1:12:34 PM Viewed: 11/13/2023 2:59:44 PM Signed: 11/13/2023 3:00:34 PM Electronic Record and Signature Disclosure: Accepted: 11/13/2023 2:59:44 PM ID: 0f86d917-a852-4029-9a99-802abacce31d Addeline Craig addeline.craig@commerce.wa.gov Managing Director Washington State Department of Commerce Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.239.92.188 Signed using mobile Sent: 11/14/2023 6:29:22 AM Viewed: 11/14/2023 7:05:21 AM Signed: 11/14/2023 7:06:38 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Tony Hanson tony.hanson@commerce.wa.gov Washington State Department of Commerce Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 147.55.134.5 Sent: 11/14/2023 7:06:41 AM Viewed: 11/14/2023 8:12:18 AM Signed: 11/14/2023 8:12:36 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Barkley mark.barkley@commerce.wa.gov Assistant Director Washington State Department of Commerce Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.239.157.64 Sent: 11/14/2023 8:12:38 AM Viewed: 11/14/2023 8:24:50 AM Signed: 11/14/2023 8:24:56 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Mark Porter mark.porter@commerce.wa.gov Capital Community Facilities (CCF) Program Manager Washington State Department of Commerce Security Level: Email, Account Authentication (None) Using IP Address: 198.239.10.200 Sent: 11/13/2023 3:00:36 PM Viewed: 11/14/2023 6:29:21 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Mark Porter mark.porter@commerce.wa.gov Capital Community Facilities (CCF) Program Manager Washington State Department of Commerce Security Level: Email, Account Authentication (None) Sent: 11/14/2023 8:24:58 AM Resent: 11/14/2023 8:25:02 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Neary mneary@masoncountywa.gov Security Level: Email, Account Authentication (None) Sent: 11/14/2023 8:24:59 AM Viewed: 11/14/2023 8:51:17 AM Electronic Record and Signature Disclosure: Accepted: 12/27/2022 10:19:47 AM ID: 69bd9170-e6ca-4ce4-86c2-4760b9c44a61 Carbon Copy Events Status Timestamp Toni Monnier tMonnier@masoncountywa.gov Security Level: Email, Account Authentication (None) Sent: 11/14/2023 8:25:00 AM Electronic Record and Signature Disclosure: Accepted: 9/29/2022 3:23:31 PM ID: 8c195a6e-8dec-42f5-97af-988cfbfe5719 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/13/2023 8:26:07 AM Certified Delivered Security Checked 11/14/2023 8:24:50 AM Signing Complete Security Checked 11/14/2023 8:24:56 AM Completed Security Checked 11/14/2023 8:25:00 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. 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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM Parties agreed to: Sharon Trask, Mark Neary, Toni Monnier Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. 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): 10/16/2023 Agenda Date: 10/24/2023 & 11/21/2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other- (This is the responsibility of the requesting Department) Assessor 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: Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Current Expense and Road for 2024. An increase to the Current Expense and Road property tax levies for 2024 may be considered. Background/Executive Summary: Pursuant to RCW 84.52.070, it is the duty of the County Commissioners, on or before the 15th day of December in each year, to certify to the County Assessor the amount of taxes levied upon the property in the county for county purposes, and on or before the first Monday in December the respective amounts of taxes levied by the board for each taxing district for district purposes. Budget Impact (amount, funding source, budget amendment): See Attached Public Outreach (news release, community meeting, etc.): The public hearing notice was advertised in the Shelton-Mason County Journal for two weeks prior to the public hearing. Requested Actions: 1. Move to increase the 2024 Current Expense Property Tax levy by 0%, bank excess capacity, and set the Levy at $10,930,787.24 2. Move to increase the 2024 Road Property Tax levy by 0%, bank excess capacity, and set the Levy at $11,665,201.30. This includes a Diversion of the Road Levy of $1,080,000.00. 3. Move to certify refund levies in the following levies and amounts for collection in 2024 to recover net refunds/cancellations and permission for the Chair to sign the form from the Treasurer authorizing the collection of the refund levies: Mason County Agenda Request Form County’s General Fund: $27,478.95 Current Expense – Road Diversion: $2,988.20 Road District #1: $21,760.57 Mental Health: $524.57 Veteran’s Assistance Fund: $326.75 4. Move to adopt the 2024 Current Expense and Road Property Tax Levy Resolutions and continue the hearing to the December 5, 2023 Commission meeting at 9:15 a.m. to adopt the resolution certifying to the County Assessor the property tax levies for collection in 2024. Attachments: Property tax levy resolutions for Current Expense and Road Refund levy form from the Treasurer MASON COUNTY 2024 CURRENT EXPENSE PROPERTY TAX LEVY RESOLUTION NO._________ WHEREAS, the Board of Mason County Commissioners has met and considered its budget for the calendar year 2024 and, WHEREAS, the Current Expense (District’s) actual levy from the previous year was $10,756,117.67; and, WHEREAS, the population of Mason County is more than 10,000; and now therefore, BE IT RESOLVED by the governing body of the taxing district (Current Expense) that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2024 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $0, which is a percentage increase of 0% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made. The district will collect an additional $143,351.10 of revenue from new construction, $31,318.47 from refunds levied by the Treasurer, and approximately $0 from state assessed utilities. This resolution reserves unutilized levy for banked capacity. The current banked capacity reserved for the year 2024 is approximately $397,654.15. ADOPTED this ____________ day of 2023. BOARD OF MASON COUNTY COMMISSIONERS __________________________________ Sharon Trask, Chairperson Randy Neatherlin, Commissioner __________________________________ Kevin Shutty, Commissioner ATTEST: _____________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _____________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE CURRENT EXPENSE LEVY FOR THE YEAR 2024 RESOLUTION NO._________ WHEREAS, RCW 36.40.090 states that the Board of Mason County Commissioners shall fix the amount of the tax levies to be raised for Current Expense. IT IS THEREFORE DETERMINED, that the following be fixed as the amounts to be raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2024 Budget for Mason County Current Expense, Refund Levy, Mental Health, and Veterans’ Assistance Funds: CURRENT EXPENSE FUND $ 10,527,844.22 MENTAL HEALTH FUND $ 227,157.51 VETERANS’ ASSISTANCE FUND $ 144,467.04 REGULAR CURRENT EXPENSE LEVY $ 10,899,468.77 REFUND LEVY $ 31,318.47 TOTAL AMOUNT TO LEVY 2023 $ 10,930,787.24 LEVY SHIFT FROM ROAD FUND TO CURRENT EXPENSE $ 0 This resolution reserves unutilized levy for banked capacity. The current banked capacity reserved for the year 2024 is $397,654.15. ADOPTED this ____________ day of 2023. BOARD OF MASON COUNTY COMMISSIONERS __________________________________ Sharon Trask, Chairperson __________________________________ Randy Neatherlin, Commissioner __________________________________ Kevin Shutty, Commissioner ATTEST: _____________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _____________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney MASON COUNTY 2024 ROAD PROPERTY TAX LEVY RESOLUTION NO._________ WHEREAS, the Board of Mason County Commissioners has met and considered its budget for the calendar year 2024 and, WHEREAS, the Road Fund (District’s) actual levy from the previous year was $11,481,344.58; and, WHEREAS, the population of Mason County is more than 10,000; and now, therefore, BE IT RESOLVED by the governing body of the taxing district (Road) that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2024 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $0 which is a percentage increase of approximately 0% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, solar, biomass, and geothermal facilities, and any increase in the value of state assessed property, any annexations that have occurred and refunds made. The district will collect an additional $162,096.15 of revenue from new construction, $21,760.57 from refunds levied by the Treasurer, and approximately $0 from state assessed utilities. This resolution reserves unutilized levy for banked capacity. The current banked capacity reserved for the year 2024 is approximately $429,750.59. ADOPTED this ____________ day of 2023. BOARD OF MASON COUNTY COMMISSIONERS __________________________________ Sharon Trask, Chairperson __________________________________ Randy Neatherlin, Commissioner __________________________________ Kevin Shutty, Commissioner ATTEST: _____________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _____________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE ROAD LEVY FOR THE YEAR 2024 RESOLUTION NO._________ WHEREAS, RCW 36.40.090 states that the Board of Mason County Commissioners shall fix the amount of the tax levies to be raised for Road Fund. IT IS THEREFORE DETERMINED, that the following be fixed as the amounts to be raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2024 Budget for Mason County Refund Levy and Road Fund: ROAD FUND $ 10,563,440.73 DIVERSION OF ROAD LEVY $ 1,080,000.00 LEVY SHIFT TO CURRENT EXPENSE $ 0.00 TOTAL ROAD LEVY $ 11,643,440.73 REFUND LEVY $____21,760.57 TOTAL AMOUNT TO LEVY FOR 2023 $ 11,665,201.30 This resolution reserves unutilized levy for banked capacity. The current banked capacity reserved for the year 2024 is approximately $429,750.59. ADOPTED this ____________ day of 2023. BOARD OF MASON COUNTY COMMISSIONERS __________________________________ Sharon Trask, Chairperson __________________________________ Randy Neatherlin, Commissioner __________________________________ Kevin Shutty, Commissioner ATTEST: _____________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _____________________________________ Tim Whitehead, Chief Deputy Prosecuting Attorney Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): October 23, 2023 Agenda Date: October 24 & November 21, 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: Rezone of two parcels within the Allyn UGA, 12220-50-58009 & 12220-50-58010, from Village Commercial (VC) to Multi-Family Medium Density (R-2). Background/Executive Summary: Rezone of the two above-stated parcels does not require an amendment to the Future Land Use Map. The applicant also has a permit to combine the parcels under review. The stated purpose for the parcels is the development of single-family residence. The parcels are adjacent to HWY 3 but not directly accessible due to the topography. There are several legal non-conforming residences to the south of the subject parcels. The PAC, at their October 2023 meeting, recommended that the BOCC approve the request to rezone. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): The public hearing with the PAC on 10.18.23 was advertised in the Mason Shelton Journal on October 5, 2023 and October 12, 2023. This meeting of the BOCC to brief was advertised on the home page of the Mason County website and subsequent requests for action will also be advertised on the home page under the corresponding agenda. Requested Action: Approval of the Ordinance amending the Mason County Allyn Urban Growth Area (UGA) Map rezoning parcels 12220-50-58009 and 12220-50-58010 from Village Commercial (VC) to Medium Density Multifamily (R-2). Attachments: Ordinance and Staff Report with attachments MC Case: AFA2023-00006 615 W. Alder Street  Shelton, Wa 98584 1  360.427.9670 ext. 352 |  masoncountywa.gov REQUEST FOR REZONE SUMMARY OF PROPOSAL & BACKGROUND APPLICANT (OWNER: SAME) Jon and Kimi Rice 130 E Wheelwright St. S. Allyn, WA 98524 The applicant submitted a complete rezone application, with fees, to the Permit Assistance Center on 09/11/23. The parcels are owned by Jon and Kimi Rice. PROPOSAL Rezone two parcels, 12220-50-58009 & 12220-50-58010, from Village Commercial (VC) to Multi- Family Medium Density (R-2). These parcels are within the Allyn UGA. This request does not require an amendment to the Future Land Use Map. The owners have a buyer that is interested in developing single family residential. The owners also have an application submitted to the permit assistance office to combine the parcels. The owners are in discussions with the County (BOCC) to acquire a small strip parcel approximately 10 x 40 feet that is adjacent to the subject parcels in this review. The County (BOCC) will have to proceed with a public hearing in order to consider the sale of the strip parcel. This small strip is also zoned Village Commercial (VC). Applicant Proposal: Proposed rezone of two parcels, 12220-50-58009 & 12220-50-58010, within the Allyn UGA from Village Commercial to Multi- Family Medium Density (R-2). Department: Community Development – Planning Staff Contact(s): Marissa Watson, Senior Planner Ext. 367 or mwatson@masoncountywa.gov Date: November 21 , 2023 Action Requested at this Meeting: BOCC review of rezone request and subsequent approval. MC Case: AFA2023-00006 615 W. Alder Street  Shelton, Wa 98584 2  360.427.9670 ext. 352 |  masoncountywa.gov PARCEL INFORMATION Parcel No. 12220-50-58009 & 12220-50-58010: The approximate acreage requested for rezone is .31 acres. Since this acreage is within a UGA it does not apply to the limit of acreage allowed for rezone per year as outlined in MCC 17.05.080. The parcels are undeveloped and currently treed. The three parcels to the south of the parcels in question are all zoned Village Commercial, but are all developed with single family residential structures. All structures on these parcels were originally built prior to the implementation of growth management within the County and thus zoning. The two parcels to the very north are undeveloped and treed, with a third parcel developed with an SFR (single family residence) from the 1950s, these parcels are also zoned Village Commercial. The parcels discussed above are accessible from State Route 3 by a private access that is narrow and at an angle with SR3 that requires turning wide if you are traveling south. These parcels sit atop a hill just south of the intersection of State Route 3 and E North Bay Road. There is no improved access to the parcels subject to this request besides the gravel road that has been installed for the residential construction occurring to the west and further up the hill. ZONING INFORMATION CURRENT ZONING DESIGNATION: VILLAGE COMMERCIAL (VC) The village commercial district is a pedestrian and transit oriented mixed use district primarily designed as a location for neighborhood, community wide and tourist retail, office, restaurant, entertainment, service uses, including transient accommodations, and residential uses. The district will provide opportunities for transit routes and stops and to provide shared parking opportunities. Physically the district will retain the pedestrian oriented scale and intensity of use of the rest of the village core area. Because of its nature the village commercial district zone may only be located in the village center. List of permitted uses can be found here. Types of residential development allowed in Village Commercial are the following: Duplex, Triplex, Multi-Family (min of four units), and residential (one or more units) attached to any other permitted non-residential use. PROPOSED ZONING DESIGNATION: MULTI-FAMILY MEDIUM DENSITY (R -2 ) The purpose of the R-2 district is to provide for medium density multifamily and single-family attached residential dwellings with building scale, yards, and setbacks reflecting the intensity of development located proximate to commercial and public services and transit. The R-2 district provides a buffer between more intense uses and single-family neighborhoods. MC Case: AFA2023-00006 615 W. Alder Street  Shelton, Wa 98584 3  360.427.9670 ext. 352 |  masoncountywa.gov Permitted uses are: (a) Single-family dwelling; (b) Duplexes; (c) Triplexes; (d) Multifamily. CURRENT SURROUNDING ZONING : NORTH: Village Commercial EAST: SR3 then Public Open Space SOUTH: Village Commercial WEST: Village Commercial and R-2 Multi-Family Medium Density Residential ANALYSIS Mason County Code Section 17.05.080(a) describes the eight rezone criteria used to review a rezone proposal. These criterion have been established and adopted specifically for Mason County to establish standards by which each zone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff responses to the proposed request: 1. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant’s proposed rezone of the parcels will not damage public health, safety and welfare. The applicant is requesting zoning that would allow the same uses currently utilized to the south of the parcels and uses that would be lower in intensity than what would be allowed under the current zoning. Any development would be required to meet all applicable water and wastewater requirements, as well as any setbacks from critical slopes recommended in applicable reports. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other County ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and specifically consistent with the Multi-Family Medium Density (R-2) section of the Allyn Urban Growth Area Development Regulations. Though the adjacent zoning is Village Commercial, the lots in the surrounding area are not developed to utilize this zoning type which may be in part related to their location up on a hill and having no easy access from State Route 3, E Lakeland Dr., or E. Wade St. The County is in the process of starting the periodic update of the Comprehensive Plan which will also look at the subarea plan for Allyn, re-evaluating boundaries and whether updates to zoning should be made. Based on the fact that residential development still exists on the parcels to the south (one as early as the 1940s) and residential development at this elevation appears to be a desired use, changing the zoning for this whole section of the UGA may be an option that the County, commission, and property owners may want to address. MC Case: AFA2023-00006 615 W. Alder Street  Shelton, Wa 98584 4  360.427.9670 ext. 352 |  masoncountywa.gov 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met and staff believes the rezone of these parcels would not increase sprawl or low-density development or cause it to occur. This rezone is within the Allyn UGA where growth and those services to accommodate growth are intended to be concentrated. No resource based uses are located near the subject parcels. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities, fire protection, police, and schools. This criterion is met as the proposed zoning is a “down” zone and within a UGA where urban services are planned for and any development will require sewer connection, as well as public water system connection. Requirements for parcel(s) will be evaluated at the time proposal is submitted to the County. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. This criterion is met. The proposed rezone is a “down” zone and is in the Allyn Urban Growth Area. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the proposed rezone of these parcels would not materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. The request is a “down” zone and by encouraging residential development within the UGA, the conservation of open space and critical areas in the rural areas is similarly supported. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to create pressure to change land use designations of MC Case: AFA2023-00006 615 W. Alder Street  Shelton, Wa 98584 5  360.427.9670 ext. 352 |  masoncountywa.gov other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. Staff believes this criterion is met. The rezone is within the UGA and the change does not affect the availability of zoning that already exists for housing within the UGA, in fact it makes developing residential within the UGA easier since it would allow an SFR without having to develop the lot commercially. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. Not applicable to this situation. NOTIFICATION & COMMENT STATE ENVIRONMENTAL PROTECTION ACT (SEPA) Staff did not require a SEPA non-project checklist for this proposal based on finding it exempt per WAC 197-11-800(6)c. PUBLIC NOTIFICATON All property owners within 300 feet of the subject parcel were notified by mail, on September 14, 2023 informing them of the proposal to rezone the properties. In addition, Public Notice of the PAC public hearing was published in the Mason Shelton Journal on October 5 and October 12, 2023. The Public Notice was posted onsite on September 19, 2023. PUBLIC COMMENTS Staff has not received any public comment as of drafting this staff report, but will forward the PAC any comments received. RECOMMENDATION OPTIONS FOR ACTION: 1. Approval of the proposal as the applicant has requested. 2. Denial of the proposal. 3. Remand to PAC for additional consideration. REQUESTED ACTION MC Case: AFA2023-00006 615 W. Alder Street  Shelton, Wa 98584 6  360.427.9670 ext. 352 |  masoncountywa.gov Staff and PAC recommend the BOCC review the request, consider the staff report and public testimony, and approve the request as proposed by the applicant. ATTACHMENTS • Application and Rationale for Request (criteria questions) • Current Zoning Map, vicinity map, and street view • Notice of Hearing • 60-Day Notice to Commerce • Property owners within 300' who received notice by mail Rezo n e Requ est: Rice Allyn UGA Legend Beverly Hooks Impres s ionis t Artist Big Bubba's Burgers Feature 1 NORTH BAY MARIJUANA Parc els 12220-50-58009 & 58010 United States Pos tal Servic e Waikoloa Rental Condos 1000 ft N ➤➤ N AFA2023-00006-Rice Request Source: Esri, Maxar, Earthstar Geographics, and the GIS UserCommunity County Boundary No Filled Tax Parcels (Zoom in to 1:30,000) Allyn UGA Zoning No Zoning or Outside UGA BP - Business Park CM - Commercial Manufacturing HC - Highway Commercial POS - Public Open Space R-1 - Single Family Residential R-1P - Residential Platted R-1R - Residential Recreational R-2 - Multi Family Medium Density Residential R-3 - Multi Family High Density Residential VC - Village Commercial VR - Village Residential Rural Zoning Rural Multi Family Inholding Lands Rural Residential 2.5 Acres Rural Residential 5 Acres Rural Residential 10 Acres Rural Residential 20 Acres 11/13/2023, 5:24:05 PM 0 0.07 0.130.03 mi 0 0.1 0.20.05 km 1:3,062 AFA2023-00006 - Rice Request Image capture: Jul 2023 © 2023 Google Washington Google Street View Jul 2023 See more dates 18560 WA-3 Rezone Request for Rice. Treed portion starting from power poll and moving north. Attachment: parcel map NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public hearing in person and via Zoom on Monday, October 16, 2023 at 6:00 p.m. SAID HEARING will be to consider adopting the following Development Areas amendment (REZONE): REQUEST FROM APPLICANTS, JON AND KIMI RICE, TO REZONE TWO PARCELS IN THE ALLYN UGA FROM VILLAGE COMMERCIAL (VC) TO MULTI-FAMILY MEDIUM DENSITY (R-2). THE APPLICANTS HAVE ALSO SUBMITTED A REQUEST TO COMBINE THE TWO PARCELS WITH THE FUTURE INTENTION TO DEVELOP WITH SINGLE- FAMILY RESIDENTIAL, IF THE REZONE REQUEST IS APPROVED. PARCELS(2): 12220-50-58009 AND 12220-50-58010 PROPOSAL IS SEPA EXEMPT PER WAC 197-11-800(5)(c) Any person desiring to express their view or to be notified of the action taken on the application should attend in person or virtually, or notify: MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT ATTENTION: Marissa Watson, Senior Planner 615 W. Alder Street Shelton, WA 98584 mwatson@masoncountywa.gov (360) 427 -9670 ext. 367 Please visit the Mason County website (https://masoncountywa.gov/ac/planning- commission/ama/index.php) for a detailed list of agenda items. If special accommodations are needed, or for information on how to attend this public meeting via Zoom, please contact Mariah Frazier at mfrazier@masoncountywa.gov or call (360) 427- 9670 Ext 365. NEIGHBORS WITHIN 300 FEET for Rezone Request AFA2023-00006 Carey, Harold and Barbara G. Est Po box 330 Tahuya, Wa 98588 Port of Allyn Po box 1 Allyn, Wa 98524 Nelson, David L & Kathleen A 3109 5th Ave Ct SW Puyallup, Wa 98371 Griffey, Delmer G. & Barbara J. Po Box 3 Allyn, Wa 98524 Griffey TRS, Dorothy A Griffey RVCBL LVG Trust Po Box 35 Allyn, Wa 98524 Balkema ET AL, Carolyn J G R Landrum Po Box 75033 Seatle, Wa 98175 Knight, Richard A. Po Box 84 Allyn, Wa 98524 Stevenson, Lynnet 8504 Eastside Dr. NE Tacoma, Wa 98422 J & J Development LLC Po Box 2269 Gig Harbor, Wa 98335 Morrell, Julia 2639 N. Harrison Ave. Fresno, Ca 93704 Hicks ET UX, Marvin L. & Marilyn L. O’Malley Hicks 4806 83rd St. SW Lakewood, Wa 98499 Floyd ET AL, Derek Andrew & Renae Lynn Floyd Po Box 241 Allyn, Wa 98524 Carey, Jeffrey L & Deborah 890 E. Cedar St. Belfair, Wa 98528 Goff, Arlu 2008 152nd St. E Tacoma, Wa 98445 Knight, Richard A & Bonnie J. Po Box 84 Allyn, Wa 98524 LJS Ventures LLC Po Box 1153 Allyn, Wa 98524 09/14/2023 Ms. Marissa Watson Senior Planner Mason County 411 N 5th Street Shelton, WA 98332 Sent Via Electronic Mail Re: Mason County--2023-S-6436--60-day Notice of Intent to Adopt Amendment Dear Ms. Watson: 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 regulations amendment (zoning map). Request is to rezone parcels within the Allyn UGA, 12220-50-58009 and 12220-50-58010, from Village Commercial (VC) to Multi-Family Medium Density Residential (R-2). We received your submittal on 09/13/2023 and processed it with the Submittal ID 2023-S-6436. Please keep this letter as documentation that you have met this procedural requirement. Your 60-day notice period ends on 11/12/2023. 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