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HomeMy WebLinkAbout2025/02/03 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF February 3, 2025 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CoU���� . 1854 4�°�x aa��rA BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of February 3, 2025 1854 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly *This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings. Monday, February 3, 2025 Zoom link available on the Mason County website Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion 10:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation 10:30 A.M. Mason County Housing Authority—Becky Cronquist&Dan Armstrong 10:50 A.M. Therapeutic Courts Presentation—Paddy McGuire 11:10 A.M. Indigent Defense—Peter Jones 11:15 A.M. Public Health—David Windom 11:25 A.M. Central Services—Mark Neary 11:50 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioner Discussion—as needed Commission meetings are live streamed at http://www.masonwebtv.com/and public comment is accepted via email msmithkmasoncountywa.gov;mail to Commissioners Office,411 N 5'Street,Shelton,WA 98584;or phone at(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. If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent version. Last printed 01/30/25 at 12:00 PM *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Mark Neary Ext: 530 Department: Central Services Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): February 18,2025 Internal Review: ❑ Finance ❑ Human Resources 0 Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Memorandum of Understanding with Mason County Housing Authority for Clerical Services Background/Executive Summary: To help fulfill its role of addressing homelessness and providing support for low-income housing,the Mason County Housing Authority(MCHA)is requesting clerical support from Public Health and Human Services staff for taking meeting minutes and assisting with document retention as well as providing a meeting space for MCHA Board functions. Mason County has previously supplied these services. Budget Impact(amount,funding source,budget amendment, etc.): Staff time Public Outreach: N/A Requested Action: Approval of the Memorandum of Understanding(MOU)with Mason County Housing Authority(MCHA)for Public Health and Human Services staff to provide clerical services. Attachment(s)• MOU MEMORANDUM OF UNDERSTANDING Between Mason County And Mason County Housing Authority For USE OF MASON COUNTY PUBLIC HEALTH AND HUMAN SERVICES STAFF AS CLERICAL SUPPORT 1. PURPOSE This agreement is made and entered into between Mason County and Mason County Housing Authority. 2. RECITALS a. To help fulfill its role of addressing homelessness and providing support for low-income housing,Mason County Housing Authority provides support services on behalf of individuals and families in Mason County in need of affordable housing. b. The Chair of Mason County Housing Authority is authorized to enter into an agreement with Mason County to support the activities of the Housing Authority. 3. AGREEMENT The parties hereby agree to the following understanding: a. Mason County Public Health and Human Services will provide clerical support to the Mason County Housing Authority with the understanding that there is no expectation for Mason County Public Health and Human Services staff to participate in the Mason County Housing Authority meetings or provide additional duties or services except to solely take meeting minutes. b. Mason County Public Health and Human Services clerical support services will be limited to recording Mason County Housing Authority meeting minutes and assisting with Mason County Housing Authority document retention. c. Mason County Public Health and Human Services will provide meeting space for Mason County Housing Authority meetings as needed. d. Mason County Public Health and Human Services staff will not assist in management functions,receipt of rents, etc. as those functions shall be performed by the managers or management companies as determined by the Mason County Housing Authority. e. This agreement shall remain in effect unless superseded. f. This agreement may be cancelled or amended by either party by giving thirty(30)days written notice. 4. WITNESS In witness thereof,the Mason County Housing Authority has agreed that this Memorandum of Understanding is to be executed by the Chair of the Mason County Housing Authority. Said agreement is to become effective and operative upon the date of the last signature hereto. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Tim Whitehead,Chief Deputy Prosecuting Attorney Sharon Trask,Chair MASON COUNTY HOUSING AUTHORITY Pat Tarzwell,Vice-Chair Becky Cronquist,Chair of Mason County Housing Authority Randy Neatherlin,Commissioner Date Date *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Mark Neary Ext: 530 Department: Central Services Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): February 18,2025 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Memorandum of Understanding with Mason County Housing Authority for Executive Director Salary Background/Executive Summary: Mason County Housing Authority(MCHA)is requesting Mason County pay$85,000 per year plus cost-of- living increase for their Executive Director position. This will allow MCHA to fulfill its role of addressing homelessness and providing support for low-income housing. Budget Impact(amount,funding source,budget amendment, etc.): $85,000 per year plus a cost-of-living increase each year. Public Outreach: N/A Requested Action: Approval of the Memorandum of Understanding(MOU)with Mason County Housing Authority(MCHA)for Mason County to$85,000 per year plus cost-of-living increase for the MCHA Executive Director position. Attachment(s)• MOU MEMORANDUM OF UNDERSTANDING Between Mason County And Mason County Housing Authority For FINANCIAL ASSISTANCE TO SUPPORT THE SUCCESS OF RUNNING A VIABLE HOUSING AUTHORITY 1. PURPOSE This agreement is made and entered into between Mason County and Mason County Housing Authority. 2. RECITALS a. To help fulfill its role of addressing homelessness and providing support for low-income housing,Mason County Housing Authority provides support services on behalf of individuals and families in Mason County in need of affordable housing. b. Under RCW 35.83.050, "any city,town, or county located in whole or in part within the area of operation of a housing authority shall have the power from time to time to lend or donate money to such authority or to agree to take such action. Such housing authority, when it has money available therefor, shall make reimbursements for all such loans made to it". c. The Chair of Mason County Housing Authority is authorized to enter into an agreement with Mason County to support the activities of the Housing Authority. 3. AGREEMENT The parties hereby agree to the following understanding: a. Per RCW 35.83.050,Mason County agrees to donate eighty-five thousand dollars ($85,000)per year to the Mason County Housing Authority for the next five(5)years to pay the salary of the Executive Director of the Mason County Housing Authority. b. Mason County agrees to give a yearly cost of living adjustment to the salary of the Executive Director of the Mason County Housing Authority. c. Mason County will review this agreement each year. 4. WITNESS In witness thereof,the Mason County Housing Authority has agreed that this Memorandum of Understanding is to be executed by the Chair of the Mason County Housing Authority. Said agreement is to become effective and operative upon the date of the last signature hereto. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Tim Whitehead,Chief Deputy Prosecuting Attorney Sharon Trask,Chair MASON COUNTY HOUSING AUTHORITY Pat Tarzwell,Vice-Chair Becky Cronquist,Chair of Mason County Housing Authority Randy Neatherlin,Commissioner Date Date Mason County Therapeutic Courts Intro to Therapeutic Courts: • Fi rst treatm e nt co u rt fo rm ed three decades ago • 4, 000 courts across the nation • 1.5 million participants served What are Criminal Therapeutic Courts*?. Specialized Defendants Co u rts With Criminal Charges Entry to Therapeutic Court Guilty Plea Application Review Judicial Referral Evaluations Discretion on Entry Veterans Court • Tailored for veterans and active-duty military personnel 16 successful program completions. Drug Court • Provides treatment and close supervision of individuals struggling with substance use disorder • 126 successful program completions Mental Health Court • Designed for individuals with mental health and/or substance use disorders • 27 successful program completions Program Expectations Acute Stabilization Clinical Stabilization Pro-social ILHabilitation Compliance Requirements Behaviors Responses r Benefits of Therapeutic Courts • Cost Savings • Reduced Recidivism • Community Safety • A//Rise, allrise.org/. Accessed 6 May, 2024 Julie 's Story :l. � •� � � ' •� ., � �,�i ,� if/\ � ��� � p�i� � ����► 1 � N Al 44 e r; Li IA ss �Y r � w z � ��s , •fit r. � r, y+. 1 s \ - r I 1 1 r f IN, iend-- INVMIGUE ANGEL=BRAV O SENIOR MID DER F " ..r Family Recovery Court What is Family Recovery Court? Family Parent Safe, Drug- Reunification Support Free Homes for Children Family Recovery Court Team Judicial Officer Assistant parent Attorney Youth Attorney Attorney General Case Manager Program Guardian ad Treatment Manager Litem Specialists DCYF & Office of Indian Child Public Defense Welfare Social Parent Allies Social Workers Worker Program Expectations Improve Family Functioning Accountability and Behavior Changes Engagement in Supportive Services ■ ■ ■ Reun ications { I 1/I `.? usan 7 s Sto ry AA e' , a c �t �r �� R y 1111 W 1111 1111 H i In Conclusion *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Peter Jones Ext:280 Department: Indigent Defense Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): February 18,2025 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Updated Analysis of Indigent Defense Standards Impact Based on 2024 Caseload Numbers Background/Executive Summary: 2024 saw a reduction in caseloads for felonies and a slight increase in misdemeanors. This has impacts on both the 2025 budget and on planning moving forward. Budget Impact(amount,funding source,budget amendment, etc.): 2025 budget may be amended to exclude expenditures for third Deputy I and Deputy III positions that were added during the budget process. Public Outreach: None—though I participated in the Sheriff's community meetings to update the public on the potential impacts of the standards. Requested Action: Approve to amend the 2025 budget expenditure to remove the third Deputy I and Deputy III positions. Attachment(s)• Updated Analysis 2024 Misdemeanor and Felony Breakdowns 2023 Misdemeanor and Felony Breakdowns UPDATED ANALYSIS REGARDING NEW WSBA STANDARDS FOR INDIGENT DEFENSE 1. Introduction The March 8, 2024 modifications to the WSBA Standards for Indigent Defense have caused a significant amount of consternation and speculation. In April of 2024, the first proposed response to these standards from this office was briefed to the Board. This response contained an analysis based on 2023 caseloads. The primary driver of this problem remains caseload standards, which drastically reduce the number of cases per attorney available. Ayear has gone by, and another year's worth of numbers is now available. This report is to update the commission on the potential impacts of the proposed standards. 2. The 10,000 foot view-2024 numbers are better than 2023 The biggest piece of news is that 2024 resulted in a pretty dramatic reduction in cases filed when compared to 2023. The most dramatic difference comes in felonies. Total felony credits in 2024 were 360, compared to 465 in 2023. This is a 22.5% reduction in filings, and comes with a reduction in needs for an attorney. Between contracts, hourly availability, and employees, Mason County currently has access to about 3 FTE worth of felony credits. Misdemeanors, however, had a slight uptick-854.5 misdemeanor credits in 2024 versus 733 in 2023. This is a 16.6% increase in misdemeanor filings. Misdemeanor credits represent much less of a full attorney's FTE than a felony credit does. So, the overall picture of the 2024 numbers looks better than 2023. The short-term good news on this—in the process of preparing the 2025 budget, I prepared for the worst. That worst included two new positions—a Deputy I and a Deputy III. The Supreme Court has yet to adopt these standards, but even if year 1 were to happen in July as originally anticipated, based on 2024 numbers I do not believe those positions will be necessary in 2025, and my budget can be adjusted accordingly. 3. Some concerning trends Before we begin popping our champagne corks, we need to look a little closer at the numbers and the situations that create those numbers. Whether 2024 is more or less predictive of the future than 2023 is questionable. For most if not all of 2024, the Prosecuting Attorney's office was undermanned. This was especially true in the felony positions. Cases enter the Superior Court in one of two ways: via law enforcement, or via the prosecutors. If a case enters via law enforcement, it is generally either a misdemeanor or a case in which an arrest was made. Law enforcement has the authority to issue a citation and begin a misdemeanor case. They also have the ability to make an arrest on a felony case and bring the person before the court prior to being charged—which gives the prosecutor a Limited amount of time to charge them. Suffice it to say that such charges tend to take priority in a prosecutor's office. The second way a case enters is from a referral—law enforcement performs an investigation and sends a report to the prosecutor's office. That report is read by a prosecutor, who makes a charging decision. These charges tend to be either low-level, nonviolent felonies or sex crimes where there is no immediate danger (there are a large number of sex crimes where the victim delays reporting until years after the fact when contact with the perpetrator has long since ceased). The referral stack tends, from my observation, to be one of the pieces of work that can be done tomorrow instead of today in a prosecuting attorney's office. This is not meant to be a negative—there are only so many hours in a day, and only so many hands to keep the balls in the air. The referral stack is a self-sorting piece of non-urgent work, so it tends to be the first ball to slip. To see whether the numbers for 2024 were artificially low due to a lack of prosecutors, I would expect to see a reduction in sex crimes and low-level felonies. Here are the numbers from 2023 and 2024: COMPARATIVE FELONY FILINGS 2023 2024 LWOP 8 8 Homicide 49 49 Sex 120 80 High 36 57 Mid 120 147 Low 132 19 LWOP and Homicide numbers were exactly the same in these two years. High and Mid felonies actually increased. But sex crimes were cut 33%, and Low felonies got taken almost entirely off the board. And those were the only areas that saw a decrease. I do not currently have access to 2024 crime reporting data. But I would hazard a guess that, based on the fact that misdemeanors. mid felonies, and high felonies increased, that there was an increase in crime in 2024—just not an increase in filingfor said crime. So the question becomes—as the prosecutor's office staff increases, does the case count increase as well? Secondarily, do we see a spike in numbers in 2025 as the backlog of cases sitting on the referral stack from 2024 finally get filed alongside their 2025 companions? Or do we continue on the same filing trends and begin adapting systems to meet those trends? I do not have an answer to this question. The 2024 numbers are an improvement. But one must take those numbers with more than a little salt, because it does not appear on closer inspection that they are predictive. 4. An update on efforts for systematic change When this problem was initially presented to the Board, I included with it a plan for damage control. In short, I proposed heavily modifying the way we handle criminal justice in this county by drastically increasing our systems for diversion, heavily documenting a person's performance or lack thereof while on a diversion, and increasing the consequences for those who fail at the diversion and therefore necessitate a case being actually filed against them. It has become clear, through multiple meetings, that my office lacks the authority to implement these changes. The fact of the matter is, I have no control over a case until it is already assigned to me—at which point, the damage is done. Therefore, all I can tell the Board is this—in the event of the adoption of these caseload standards, I will place together a budget in any given year based on the number of cases that the Board wishes me to cover. I will do my best to estimate, based on previous years' filings,what that will look like. That budget for caseloads will be handed to law enforcement and the prosecutor's office, who have control over the number of filings that are made. They will file those cases they see fit to file, and divert those cases they see fit to divert. I will cover the cases that they choose to file, but they will be advised of the number of cases they can file and place on us. If our caseloads are exceeded, I will simply execute an affidavit to the courts saying that our caseloads have been exceeded, and that Mason County cannot financially provide a public defender to the defendant. That case will then be dismissed as the defendant's constitutional rights cannot be protected. l do not believe that this is an ideal system. I am still very much open to working with other offices to develop a cleaner and more robust system for diverting cases away from the courts, and to proactively treating the substance abuse and mental health conditions that cause crime in order to lower crime rates in general. 5. Conclusion a. The Board may safely reduce the 2025 expenditure budget for Indigent Defense by removing the approved third Deputy I and third Deputy III positions. b. We will maintain vigilance in tracking data to see if the 2024 numbers are predictive or anomalous. c. I will continue to provide estimates as accurate as possible for upcoming budget years and allow the Board to determine the appropriate staffing levels based on the number of cases that would be left unprosecuted. ESTIMATES BASED ON 2024 NUMBERS High Low 2024 TOTALS: 455 172 2024 CREDITS: 682.5 172 Cred Total 682.5 854.5 YEAR 1 #attorneys Credits 1 280 268.33 172 2 560 81.667 172 3 840 0 0 YEAR 2 #attorneys Credits 1 225 305 172 2 450 155 172 3 675 5 172 41 9001 01 0 YEAR 3 1 120 375 172 2 240 295 172 3 360 215 172 4 480 135 172 5 600 55 172 61 7201 01 0 ESTIMATES BASED ON 2024 NUMBERS LWOP Murder Sex High Mid Low TOTAL 2024 TOTALS: 1 7 16 19 98 19 2024 CREDITS: 8 49 80 57 147 191 360 YEAR 1 #attorneys Credits CASES LEFTOVER 1 110 0 0 5.4 19 98.0 19.0 2 220 0 0 0 0 80.7 19.0 3 330 0 0 0 0 7.3 19.0 41 440 0 01 01 01 0.01 0.0 YEAR 2 1 90 0 0 9.4 19 98.0 19.0 2 180 0 0 0 4.7 98.0 19.0 3 270 0 0 0 0 47.3 19.0 4 360 0 0 0 0 0.0 0.0 YEAR 3 1 47 0 1.4 137 19 98.0 19.0 2 94 0 0 8.6 19 98.0 19.0 3 141 0 0 0 17.7 98.0 19.0 4 188 0 0 0 2 98.0 19.0 51 235 01 0 0 0 70.7 19.0 6 282 0 0 0 0 39.3 19.0 7 329 0 0 0 0 8.0 19.0 8 376 0 0 0 0 0.0 0.0 ESTIMATES BASED ON 2023 NUMBERS High Low 2024 TOTALS: 455 172 2024 CREDITS: 682.5 172 Cred Total 682.5 854.5 YEAR 1 #attorneys Credits 1 280 268.33 172 2 560 81.667 172 31 8401 01 0 YEAR 2 #attorneys Credits 1 225 305 172 2 450 155 172 31 6751 5 172 4 900 0 0 YEAR 3 1 120 375 172 2 240 295 172 3 360 215 172 4 480 135 172 51 6001 551 172 61 7201 01 0 ESTIMATES BASED ON 2023 NUMBERS LWOP Murder Sex High Mid Low TOTAL 2024 TOTALS: 1 7 24 12 80 132 2024 CREDITS: 8 49 120 36 120 1321 465 YEAR 1 #attorneys Credits CASES LEFTOVER 1 110 0 0 13.4 12 80.0 132.0 2 220 0 0 0 0 75.3 132.0 3 330 0 0 0 0 2.0 132.0 41 440 0 01 01 01 0.01 25.0 YEAR 2 1 90 0 0 17.4 12 80.0 132.0 2 180 0 0 0 11.0 80.0 132.0 3 270 0 0 0 0 42.0 132.0 4 360 0 0 0 0 0.0 105.0 YEAR 3 1 47 0 1.4 177 12 80.0 132.0 2 94 0 0 16.6 12 80.0 132.0 3 141 0 0 7.2 12.0 80.0 132.0 4 188 0 0 0 8.33333 80.0 132.0 51 235 01 0 0 0 65.3 132.0 6 282 0 0 0 0 34.0 132.0 7 329 0 0 0 0 2.7 132.0 8 376 0 0 0 0 0.0 89.0 *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Peter Jones Ext:280 Department: Indigent Defense Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): February 18,2025 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• 2025 Taschner Law Contracts Background/Executive Summary: Renewal of existing contracts with Taschner Law including previously approved contract rate increase. Budget Impact(amount, funding source,budget amendment, etc.): Budgeted for in 2025 budget,no additional impact. Public Outreach: None. Requested Action: Approval of the 2025 professional services contracts with Taschner Law Office, PLLC to serve as contracted Public Defense Attorney for District Court and for Superior Court. Attachment(s)• Contracts MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Taschner Law, PLLC, referred to as"CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT. RECITALS: WHEREAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County District Court; and WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions: Responsibilities: CONTRACTOR will be responsible for: 1. Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County District Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply: A. Unless otherwise provided in "B" below, for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR for time spent following the end of the term at the rate of$50 per hour through the conclusion of the case, subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty (30) or more days before last day services will be provided. 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. Performance Period: The performance period for this CONTRACT will start on Jan 1, 2025 and will end on December 31, 2025 or sooner as determined by COUNTY following a thirty (30) day written notice. 1 Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. B. 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." Taxes: A. 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. B. 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. 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 2 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. Independent Contractor: A. 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. B. 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. C. 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. D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. No Guarantee of Employment: 3 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. 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. 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. 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: 4 This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 5 A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. B. 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. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support Services Director or designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer is: Peter Jones Chief Public Defender Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 280 E-mail: peterj(a)_co.mason.wa.us 6 CONTRACTOR's Primary Contact's Information: 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: A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. B. 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. 7 Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. 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. B 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. C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: A. 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. 8 B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders and Exhibit D. B. Exhibit C Insurance Requirements C. Special Conditions D. General Conditions E. 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. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON NAME(Print): NAME(Print): Dated: Dated: CHIEF PUBLIC DEFENDER NAME(Print): Dated: 10 EXHIBIT A SCOPE OF SERVICES CONTRACTOR's Duties: A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in a professional, skilled manner, consistent with the Washington State Bar Association Standards, the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW 10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and the rights of defendants in criminal cases. B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone number that provides an ability to leave a voice message, i.e. voice mail system with adequate capacity, answering service, or secretarial staff. Lack of a functional communication system is considered a violation of the terms of this CONTRACT. C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the defendant within a reasonably short time and will maintain client contact, keep the client informed of the progress of the case and effectively provide legal advice to the client throughout the representation. D. The services of CONTRACTOR shall continue in each assigned case until the case has been terminated by final judgment, including final rulings on post-trial motions (if any), restitution hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required, or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court. E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public Defense prior to 12/31/17. F. CONTRACTOR agrees to be available to take telephone calls from the jail on new misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed- upon schedule with other District Court defense attorneys. G. CONTRACTOR shall be apportioned a roughly pro rata share of cases requiring an interpreter based on total number of cases assigned to the Mason County Office of Indigent Defense. Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half contract will be 16.6 unweighted misdemeanor or gross misdemeanor appointments per month per CONTRACTOR. Each newly assigned case shall be counted as one case except as follows: 1. Cases which are counted as one-third of a case include: probation violations, reviews, restitution hearings, modifications of no-contact orders, etc., that do not require a contested hearing, including the same probation violation allegation(s) brought against a defendant who is on probation for more than one case. 2. CONTRACTOR shall not be assigned more than two of the following cases in a single month: a. Class-A felony cases; b. Offenses that are "most serious offenses" as defined in RCW 9.94A.030(33); c. Violent Offenses as defined in RCW 9.94A.030(58); and d. Serious Violent offenses as defined RCW 9.94A.030(46); 3. CONTRACTOR shall not be assigned any homicide offenses to include Murders, Manslaughters, or Homicide by Abuse 4. CONTRACTOR shall not be assigned any class A sex offenses as described in RCW 9A.44. B. In the event the statistics generated in this review do not coincide with CONTRACTOR's internal records, CONTRACTOR will provide a detailed list of new monthly appointments including; case number, defendant's name and date of appointment. C. Because case assignment and resolution is not a static process during a year, CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have been assigned under this CONTRACT may total slightly more or less than the contracted caseload. Such a temporary variance shall not result in alteration of payment owed to CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments for variances not corrected within a reasonable amount of time through natural systemic adjustments. Monthly Reporting: CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth (5th) day of the following month, which shall include the following information for the preceding month: A. The number of new case assignments under this CONTRACT. B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside this defense contract including but not limited to retained cases of any type). C. The number and type of other public defense contracts, if any. D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if any. E. Payment for services may be held if the monthly report has not been received by the fifth (5th) of the month Affidavit of Compliance: CONTRACTOR shall file the required affidavit of compliance with these standards with the Court on a quarterly basis and provide a copy to the Office of Public Defense. Client or Third Party Complaints: CONTRACTOR will respond to complaints regarding his or her performance under this CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party states he or she continues to have a complaint, the CONTRACTOR shall provide the client with contact information for the Office of Public Defense so the client or third party may pursue the complaint. EXHIBIT B COMPENSATION Compensation: A. Base Compensation-COUNTY shall pay a base compensation of seven thousand five hundred($7,500) per month which includes funding from the Washington State Office of Public Defense for the performance of all things necessary for, or incidental to, the performance of the work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the County Auditor the last week of each month. CONTRACTOR may request a mid- month draw, which will be paid by the County Auditor no earlier than the 15th day of each month. B. Trial/Motion Compensation-except as provided in "D" below, in addition to the base monthly base compensation, CONTRACTOR shall be paid $600.00 for the first day of trial and $300.00 for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of$300.00 in addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is argued on assigned cases. Trial preparation time and time researching and writing legal motions are considered part of the base compensation and shall not receive additional compensation. Payment shall be made upon receipt of a billing from CONTRACTOR, PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of Public Defense no later than thirty (30) days after the conclusion of the trial or motion. C. Administrative and Other Costs-the compensation stated above includes administrative costs associated with providing legal representation. These costs are the responsibility of CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library, financial accounting, case management software systems, computers and software, high-speed internet access, office space, supplies and other costs necessarily incurred in the day-to-day management of the CONTRACT. D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for permission for additional compensation. The award and amount of additional compensation is at the discretion of the Office of Public Defense. Any application for extraordinary compensation must be made in writing to the Office of Public Defense during the pendency of representation or within thirty (30) days following the conclusion of the case. E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill COUNTY an hourly rate of$50.00/hour for all work done on those cases following the termination of this contract. Requests for Payment: A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and e-mail; case name; case number; detail of service provided by date and number of hours for hourly charges or number of half or full days for Trial/Motion compensation; total number of hours and/or trial/motion days; invoice total; and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Julie Hansen Mason County Office Public Defense 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 589 JHansen@masoncountywa.gov C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 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 liability insurance meeting statutory limits mandated by state and federal laws. 3. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$250,000 per claim with a $500,000 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this CONTRACT. 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 the 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 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 the 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 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. 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. EXHIBIT D SUPREME COURT OF WASHINGTON'S Order 25700-A-1004 MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Taschner Law, PLLC, referred to as"CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as "Parties" to this CONTRACT. RECITALS: WHEREAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County Superior Court; and WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions: Responsibilities: CONTRACTOR will be responsible for: 1. Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County Superior Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply: A. Unless otherwise provided in "B" below, for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR for time spent following the end of the term at the rate of$50 per hour through the conclusion of the case, subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty (30) or more days before last day services will be provided. 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. Performance Period: The performance period for this CONTRACT will start on Jan 1, 2025 and will end on December 31, 2025 or sooner as determined by COUNTY following a thirty (30) day written notice. 1 Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. B. 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." Taxes: A. 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. B. 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. 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 2 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. Independent Contractor: A. 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. B. 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. C. 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. D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. No Guarantee of Employment: 3 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. 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. 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. 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: 4 This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 5 A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. B. 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. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support Services Director or designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer is: Peter Jones Chief Public Defender Mason County 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 280 E-mail: peterj(a)_co.mason.wa.us 6 CONTRACTOR's Primary Contact's Information: 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: A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. B. 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. 7 Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. 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. B 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. C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: A. 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. 8 B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders and Exhibit D. B. Exhibit C Insurance Requirements C. Special Conditions D. General Conditions E. 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. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON NAME(Print): NAME(Print): Dated: Dated: CHIEF PUBLIC DEFENDER NAME(Print): Dated: 10 EXHIBIT A SCOPE OF SERVICES CONTRACTOR's Duties: A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in a professional, skilled manner, consistent with the Washington State Bar Association Standards, the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW 10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and the rights of defendants in criminal cases. B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone number that provides an ability to leave a voice message, i.e. voice mail system with adequate capacity, answering service, or secretarial staff. Lack of a functional communication system is considered a violation of the terms of this CONTRACT. C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the defendant within a reasonably short time and will maintain client contact, keep the client informed of the progress of the case and effectively provide legal advice to the client throughout the representation. D. The services of CONTRACTOR shall continue in each assigned case until the case has been terminated by final judgment, including final rulings on post-trial motions (if any), restitution hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required, or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court. E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public Defense. F. CONTRACTOR agrees to be available to take telephone calls from the jail on new misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed- upon schedule with other District Court defense attorneys. G. CONTRACTOR shall receive roughly a pro rata share of cases requiring an interpreter as judged by the total number of cases assigned to the Mason County Office of Indigent Defense. Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance: A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half contract will be 6 unweighted felony appointments per month per CONTRACTOR. Each newly assigned case shall be counted as one case except as follows: 1. Cases which are counted as one-third of a case include: probation violations, reviews, restitution hearings, modifications of no-contact orders, etc., that do not require a contested hearing, including the same probation violation allegation(s) brought against a defendant who is on probation for more than one case. 2. CONTRACTOR shall not be assigned more than two of the following cases in a single month: a. Class-A felony cases; b. Offenses that are "most serious offenses" as defined in RCW 9.94A.030(33); c. Violent Offenses as defined in RCW 9.94A.030(58); and d. Serious Violent offenses as defined RCW 9.94A.030(46); B. In the event the statistics generated in this review do not coincide with CONTRACTOR's internal records, CONTRACTOR will provide a detailed list of new monthly appointments including; case number, defendant's name and date of appointment. C. Because case assignment and resolution is not a static process during a year, CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have been assigned under this CONTRACT may total slightly more or less than the contracted caseload. Such a temporary variance shall not result in alteration of payment owed to CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments for variances not corrected within a reasonable amount of time through natural systemic adjustments. Monthly Reporting: CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth (5th) day of the following month, which shall include the following information for the preceding month: A. The number of new case assignments under this CONTRACT. B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside this defense contract including but not limited to retained cases of any type). C. The number and type of other public defense contracts, if any. D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if any. E. Payment for services may be held if the monthly report has not been received by the fifth (5th) of the month Affidavit of Compliance: CONTRACTOR shall file the required affidavit of compliance with these standards with the Court on a quarterly basis and provide a copy to the Office of Public Defense. Client or Third Party Complaints: CONTRACTOR will respond to complaints regarding his or her performance under this CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party states he or she continues to have a complaint, the CONTRACTOR shall provide the client with contact information for the Office of Public Defense so the client or third party may pursue the complaint. EXHIBIT B COMPENSATION Compensation: A. Base Compensation-COUNTY shall pay a base compensation of Eight Thousand ($8,000) per month which includes funding from the Washington State Office of Public Defense for the performance of all things necessary for, or incidental to, the performance of the work set out in Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the County Auditor the last week of each month. CONTRACTOR may request a mid-month draw, which will be paid by the County Auditor no earlier than the 15th day of each month. B. Trial/Motion Compensation-except as provided in "D" below, in addition to the base monthly base compensation, CONTRACTOR shall be paid $1000.00 for the first day of trial and $500.00 for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of$500.00 in addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is argued on assigned cases. Trial preparation time and time researching and writing legal motions are considered part of the base compensation and shall not receive additional compensation. Payment shall be made upon receipt of a billing from CONTRACTOR, PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of Public Defense no later than thirty (30) days after the conclusion of the trial or motion. C. Administrative and Other Costs-the compensation stated above includes administrative costs associated with providing legal representation. These costs are the responsibility of CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library, financial accounting, case management software systems, computers and software, high-speed internet access, office space, supplies and other costs necessarily incurred in the day-to-day management of the CONTRACT. D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for permission for additional compensation. The award and amount of additional compensation is at the discretion of the Office of Public Defense. Any application for extraordinary compensation must be made in writing to the Office of Public Defense during the pendency of representation or within thirty (30) days following the conclusion of the case. E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill COUNTY an hourly rate of$50.00/hour for all work done on those cases following the termination of this contract. Requests for Payment: A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and e-mail; case name; case number; detail of service provided by date and number of hours for hourly charges or number of half or full days for Trial/Motion compensation; total number of hours and/or trial/motion days; invoice total; and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Maggie Hanson Mason County Office Public Defense 411 N. 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 589 JHansen@masoncountywa.gov C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice 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 liability insurance meeting statutory limits mandated by state and federal laws. 3. Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability insurance that covers the services to be performed in connection with this CONTRACT, in the minimum amount of$250,000 per claim with a $500,000 aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this CONTRACT. 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 the 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 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 the 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 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. 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. EXHIBIT D SUPREME COURT OF WASHINGTON'S Order 25700-A-1004 MASON COUNTY rTi Public Health & Human Services Briefing February 3, 2024 Briefing Items All-staff training on February 7, 2025 —David Windom Community Lifeline contract amendment—Melissa Casey *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: David Windom Ext:260 Department: Public Health Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Public Health All Staff Meeting Background/Executive Summary: Public Health plans to conduct its winter all-staff meeting on 7 Feb 2025 at the PUD meeting room. The Public Health offices at Building 8 and Building 13 will be closed for the all-staff meeting. Budget Impact(amount,funding source,budget amendment, etc.): None Public Outreach: N/A Requested Action: Approval to hold an all-staff meeting for Public Health on February 7, 2025. Attachment(s)• *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Melissa Casey Ext:404 Department: Public Health Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): 10/23/23,9/30/24,2/3/25 Agenda Date(s): 2/18/25 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Community Lifeline(Contract#23-040)Amendment Background/Executive Summary: Community Lifeline operates the only emergency shelter serving single adults in our local Homeless Crisis Response System;the County contracts with this agency to fund 2 FTE overnight shelter staff. Community Lifeline is currently in Reduced Funding Status for failure to effectively implement corrective action, quality improvement, and technical assistance provided by the county for ongoing invoicing and financial reporting errors,in addition to not operating in compliance with the Scope of Services outlined in the contract. The BoCC approved a 20%($40,860.24)reduction in funding on November 7th, 2023, following the progressive corrective action steps outlined in the BoCC-approved Homeless Crisis Response System Written Standards. Public Health&Human Services developed a Re- Allocation Action Plan and provided ongoing technical assistance to support the agency in meeting the conditions of the amendment,to ensure shelter operations were brought into compliance with the contract, and to provide the agency with the opportunity to restore funding.As of December 17', 2024 Community Lifeline obtained approval from the City of Shelton to expand the bed capacity from 35 to 54 beds. Community Lifeline has updated the bed inventory in the Homeless Management Information System (HMIS)effective 12/17/24 and has updated their bed availability notifications to the community. Successful completion of this deliverable restores 10%(or$4,086.03)of funding per the Re-Allocation Action Plan. Budget Impact(amount, funding source,budget amendment, etc.): No impact to general fund;re-allocation of$4,086.03 already budgeted from Local Document Recording Fees for 2023-2025 Biennium Public Outreach: N/A Requested Action: Move Community Lifeline amendment to 2/18/25 action agenda for approval Attachment(s)• Community Lifeline Contract#23-040 Amendment#3 City of Shelton Letter—Expansion Confirmation Re-Allocation Action Plan Status 1.29.25 Contract Between Mason County and Community Lifeline Professional Services Contract #23-040 Amendment # 3 IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. FUND SOURCE: 2163 Local Document Recording Fees 2. AMENDMENT TERM: February 1, 2025 through June 30, 2025 3. BUDGET AMENDMENT: Re-allocate $4,086.03 to the Overnight Shelter Aids budget category for successfully obtaining a permit from the City of Shelton to increase bed capacity to 54 beds Bud et Category Current Amount Amended Amount Total New Budget Overnight Shelter Aids $35,280.30 $4,086.03 $39,366.33 4. PROGRAM DESCRIPTION AMENDMENT: Community Lifeline shall operate an overnight (8pm-8am), low-barrier shelter that offers the maximum number of beds possible based on safe and responsible staffing to oversee operations. Community Lifeline's facility offers a minimum of 54 night-by-night beds. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2025. CONTRACTOR MASON COUNTY Erin Martinache Sharon Trask, Chair Community Lifeline Board Chair Board of County Commissioners 1 i f SH£t�02H f N GAO December 17, 2024 Community Lifeline of Mason County Attention: Erin Martinache, Director 218 North Third Street Shelton WA, 98584 Subject: Increase in bed capacity at the Community Lifeline overnight shelter from 35 to 54 beds. Dear Ms. Martinache: Community Lifeline of Mason County was granted a Conditional Use Permit(Conditional Use Permit Number 0105-2023)on February 12, 2024 that allowed the existing shelter's capacity to expand from 35 to 54 overnight shelter beds. The Conditional Use Permit was granted predicated on compliance with Conditions 1 a through 1j, and Condition 2. City staff have confirmed through direct inspection of the site and through submission of the required updated Policies and Procedures that Community Lifeline will operate the facility in accordance with said conditions. This letter acts as confirmation that Community Lifeline has demonstrated compliance with the requirements of Conditional Use Permit 0105-2023 as of the date of this letter and is permitted to expand capacity at the site from 35 to 54 beds. Please contact me should you have any questions. I may be reached at 360-432-5176 or Jae.Hill@Sheltonwa.gov. Sincerely, VV Jae Hill,AICP,CFM Community&Economic Development Director Reduced Funding Status— Re-Allocation Action Plan Community Lifeline Contract#CL FY24-25.2163 Amendment#1 Effective November 7t", 2023, Community Lifeline is in Reduced Funding Status based on 1) Contractor's inability to effectively implement corrective action, quality improvement, and technical assistance provided to a satisfactory level and 2) Contract's non-compliance with contract's Scope of Work to operate a minimum of 35 night-by-night emergency shelter beds.This Action Plan outlines the conditions and phases of restoring these funds. The reduced amount-$40,860.34 or 20%over the remaining balance of the contract (as of 10/18/23)—is in effect through the end of the contract term ending June 30, 2025 unless Community Lifeline can: 1. Demonstrate compliance with the Scope of Work by December 1st, 2023 (20%of total funding restored) 2. Adhere to previous contract awards to increase bed capacity by continuing to pursue applications and/or appeals to increase bed capacity to 54 beds through the Conditional Use Permit process of the City of Shelton until a successful application has resulted (10%of total funding restored) 3. Satisfactorily meets the conditions to lift the Probation Status (70%of total funding restored) Scope of Work Criteria to Restore Funding FundingStatus as of 1/29/25 Amount 1. Complies with CL FY24-25.2163 Exhibit A Scope of Policies and Procedures that demonstrate Services (pages 15-18) night-by-night shelter operations for the 2. Complies with Guidelines for the Consolidated current capacity of 35 beds and operate a Homeless Grant(refer to pages 7-8: 1.4.1.1.1 Drop-in 10%or Have not received notification system for key community Shelter and 1.4.1.1.2 Continuous-stay Shelter) partners on bed availability, referral $4,086.03 final P&P 3. Submitted Policies& Procedures are final, Board- process, and check-in protocol, as outlined approved, and include a timeline for training staff to in the Scope of Work. ensure these P&P are implemented, maintained, and communicated to community partners. 1. Submitted Policies& Procedures are final, Board- 10%or Have not received A hazardous weather response plan with approved, and include a timeline for training staff to the ability to respond to community needs ensure these P&P are implemented and maintained. $4,086.03 final P&P Reduced Funding Status— Re-Allocation Action Plan Community Lifeline Contract#CL FY24-25.2163 Amendment#1 during periods of extremely hot or cold 2. Work with the City of Shelton for increased capacity weather, as outlined in the Scope of Work. accommodations during emergency situation and/or declarations. Deliverables from previous contracts(#20- Criteria to Restore Funding Funding Status as of 1/29/25 054,#20-094, and#21-057) Amount Community Lifeline shall adhere to previous Community Lifeline did not fulfill this condition by June COMPLETE contract awards to increase bed capacity. 30, 2023 as outlined in CL:Shelter Program Amendment Letter from the City of As such, Community Lifeline will continue #3 executed 4/11/23. 10%or Shelton confirmed applications and/or appeals to increase bed capacity to 54 beds through the Conditional Funding amount may be restored upon successful $4,086.03 expansion of capacity outcome (i.e., bed capacity is increased) and/or appeal of to beds effective Use Permit process of the City of Shelton December 17, 2024 until a successful application has resulted. CUP application submitted 9/13/23. PROBATION STATUS—Funding Amount=70%or$28,602.24 Status as of 1/29/25—Conditions not met.There are less than 6 months remaining in contract period; therefore,funding will not be restored. Per CL FY24-25.2163 Special Conditions: Community Lifeline started the contract term on Probation Status for failure to effectively implement the actions outlined in the Corrective Action Plan and make satisfactory improvement within the timeline outlined in the Quality Improvement Plan during the previous contract term.Technical assistance will continue to be provided by the County.The County will provide the Contractor with written notice once it has determined satisfactory improvement has been met. Satisfactory improvement has not been met in the Is'Quarter of the contract term. Upon successful completion of the following Action Plan,the remaining 70%of total funding will be restored: • The County will consider 6 consecutive months—billing for November, December,January, February, March, and April—of error-free invoices to meet the definition of satisfactory improvement. Invoices should be reviewed and corrected per the agency's internal review Reduced Funding Status— Re-Allocation Action Plan Community Lifeline Contract#CL FY24-25.2163 Amendment#1 and approval process prior to submission to the County by the 15th of the month so that the first submission needs no correction and can be approved and routed to County Finance for processing. • Refer to Mason County Homeless Crisis Response Written Standards and ensure all Invoicing and Reporting Requirements (pg 12-14) are met. General ledgers or back-up documentation must match invoiced expenses. • Review all feedback on monthly invoices July 15Y to present to ensure errors are not repeated. • Refer to technical assistance provided by the County over the duration of the Corrective Action and Quality Improvement Plan: o "Action Plan" submitted by Community Lifeline on 9/30/22. o "Quality Improvement Plan 2163 Invoicing Checklist" provided to Community Lifeline by the County on 10/18/22. Technical Assistance/Supports as of Date Topics 9/30/24 • Invoice errors 8/5/24 • Re-Allocation Action Plan—P&P • Hearings Examiner's Report (CUP) • Bed Bugs Recurring Check-in Meetings (Board Chair*, shelter/admin staff, board • Invoice errors members, City of Shelton, independent 7/8/24 • Re-Allocation Action Plan—P&P consultants) • Hearings Examiner's Report (CUP) *New Board Chair effective January 1, • Bed Bugs 2024 • Invoice errors 6/10/24 • Re-Allocation Action Plan—P&P • Hearings Examiner's Report (CUP) • Bed Bugs 0 501 Commons—for additional supports&follow-up on 501 Commons Reduced Funding Status— Re-Allocation Action Plan Community Lifeline Contract#CL FY24-25.2163 Amendment#1 Action Plan • Sale of Building • Budget, remaining funds, overnight staffing • Case management(HUD grant),training needs 4/22/24 • Invoice errors • 501 Commons—for additional supports&follow-up on 501 Commons • Re-Allocation Action Plan—P&P • Executive Director Search 3/25/24 • Invoice errors • CL request to temporarily modify day operations 4 Amendment#2 • CUP o General Terms &Conditions o P&P o Certificate of Occupancy 2/26/24 • Invoice errors • Next Steps o Melissa's maternity leave o Ongoing technical assistance o Restoration of reduced funding • Follow-up: Action Plan o P&P o Invoice errors 1/24/24 • 501 Commons • Homeless Response System Expectations (communication, by-name meetings) 0 Case management training Reduced Funding Status— Re-Allocation Action Plan Community Lifeline Contract#CL FY24-25.2163 Amendment#1 12/21/23 • Prioritized list—what should Erin focus on first? • Invoice errors& next steps • Onboarded new Board Chair—Erin Martinache 12/5/23 o Re-Allocation Action Plan—P&P o Action Plan Status Review o P&P Workshop overview 9/20/23 • Probation Status—repeated invoice errors • Deliverables from previous contracts-CUP • Overview of Federal, State, & Local Funding 4/19/23 • SPG &2163 Contracts Presentations to Community Lifeline Board • CAN & QIP • Shelter Program Grant (SPG) &2163 Contract Review • Conditional Use Permit 2/15/23 • Corrective Action Notice (CAN) & Quality Improvement Plan (QIP) • Messaging to the community re: funding • Impact on the community • Public Health Nurse assigned to provide education and support to the shelter regarding an active infestation of bed bugs. Health educator developed campaign targeting all homeless service providers on how to prevent and/or mitigate bed bugs in congregate living settings; resources Education & Resource Coordination—Bed December 2023 shared with behavioral health outreach teams conducting outreach to Bugs encampments as well as other shared living facilities such as hotels/motels. • Connected Community Lifeline with CHOICE to apply for the Emergency Wellness Fund; awarded $25,000 specifically for efforts to treat the shelter's active infestation and prevent future infestations. Regular check- Reduced Funding Status— Re-Allocation Action Plan Community Lifeline Contract#CL FY24-25.2163 Amendment#1 in re: bed bugs; no further support requested or indicated by agency. • In response to community reports of bed bugs in the shelter, shared 10/19/22 Washington DOH &Zoonotic Disease Program contacts/educational information with Executive Director. No further technical assistance requested. �r�ON CO& Mason County Administrator 411 N 5th Street Shelton, WA 98584 (360) 427-9670 ext. 419 Mason County Commissioner Briefing Items from County Administrator February 3, 2025 Specific Items for Review Housing Authority Memorandum of Understanding(MOU)—Mark Neary Scheduled for 10:30 a.m. with the Mason County Housing Authority Public Record Requests(PRRs) and GovQA update—McKenzie Smith Cybersecurity After Action report—Todd Cannon Extra-Help Juvenile Detention Memorandum of Understanding(MOU)—Nichole Wilston Elected Official/Director meeting—Mark Neary Administrator Updates Commissioner Discussion Planning Advisory Commission interview review Mason County Law Enforcement Officers' and Firefighters' (LEOFF)board placement City of Bremerton Interlocal Agreement(ILA) *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: McKenzie Smith Ext: 589 Department: Central Services Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• 2024 Public Records Request Recap Background/Executive Summary: In 2024, 693 Public Records Requests (PRR)were received and completed. (Excluding the Sheriff's Office). Staff spent 803.5 hours fulfilling these requests. The departments with the largest number of requests are: Commissioner's Office(multi-department requests)—209, Community Development— 130, Public Health—89 and Auditor Recording—75. The departments with the most hours spent fulfilling requests are: Commissioner's Office(multi-department)—340 hours, Community Development— 175.25 hours, Prosecutor—64.75 hours,Public Health—54.75 hours. Requests were transferred to the requestor primarily electronically through the GovQA portal. Our data storage has increased and required us to purchase an additional 5TB of storage before the end of 2024.No fees were collected for PRR's. One litigation case was settled in the amount of$60,000 and took approximately 60 hours of staff time. Budget Impact(amount, funding source,budget amendment, etc.): N/A Public Outreach: N/A Requested Action: Informational only. Attachment(s)• Graph Total Requests public Records Requests 2024 2024 Completed: ASSESSOR 17 AUDITOR-ELECTIONS 27 ASSESSOR 17 AUDITOR-FINANCIAL 19 AUDITOR-ELECTIONS 27 AUDITOR-FINANCIAL 19 AUDITOR-RECORDING 75 AUDITOR-RECORDING 75 COMMISSIONER 209 COMMISSIONER 209 COMMUNITY DEVELOPMENT 130 COMMUNITY DEVELOPMENT 130 CORONER 4 CORONER 9 4 EMERGENCY MANAGEMENT 3 EMERGENCY MANAGEMENT 1 3 HUMAN RESOURCES 28 HUMAN RESOURCES 28 PROSECUTOR 23 PROSECUTOR 23 PUBLIC DEFENSE 4 PUBLIC DEFENSE 9 4 PUBLIC HEALTH 89 PUBLIC HEALTH 89 PUBLIC WORKS-ROADS 18 PUBLIC WORKS-ROADS 18 PUBLIC WORKS-U&W 1 3 PUBLIC WORKS-U&W 3 TREASURER 44 TREASURER 44 0 50 100 150 200 250 Total 693 2024 Total Staff Time: Total Staff Hours ASSESSOR 9.25 AUDITOR-ELECTIONS 25.75 ASSESSOR 9.25 AUDITOR-FINANCIAL 13.5 AUDITOR-ELECTIONS _ 25.75 AUDITOR-RECORDING 22.75 AUDITOR-FINANCIAL 13.5 COMMISSIONER 340 AUDITOR-RECORDING = 22.75 COMMISSIONER 340 COMMUNITY DEVELOPMENT 175.25 COMMUNITY DEVELOPMENT 175.25 CORONER 1•5 CORONER 1 1.5 EMERGENCY MANAGEMENT 2 EMERGENCY MANAGEMENT 1 2 HUMAN RESOURCES 19.5 HUMAN RESOURCES = 19.5 PROSECUTOR 64.75 PROSECUTOR � 64.75 PUBLIC DEFENSE 7 PUBLIC DEFENSE 1 7 PUBLIC HEALTH 54.75 PUBLIC HEALTH 54.75 PUBLIC WORKS-ROADS 38.5 PUBLIC WORKS-ROADS 38.5 PUBLIC WORKS-U&W 1 2.75 PUBLIC WORKS-U&W 2.75 TREASURER _ 26.25 TREASURER 26.25 0 50 100 150 200 250 300 350 400 Total 803.5 *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Todd Cannon Ext: 501 Department: Information Technology Briefing: Action Agenda: ❑ Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): Click or tap here to enter text. Internal Review: ❑ Finance ❑ Human Resources ❑ Legal © IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item• Cyber Incident After Action Review Background/Executive Summary: An Incident Response Test was conducted on January 15th at 11:00 AM. Elected officials and department heads were asked to submit an after-action report by the end of the month. This review presents an opportunity to assess lessons learned,not only for IT but also for the impacted departments. Budget Impact(amount,funding source,budget amendment, etc.): N/A Public Outreach: Requested Action: None/Informational Attachment(s)• N/A *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Mark Neary Ext: 530 Department: Human Resources Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): February 4,2025 Internal Review: ❑ Finance ❑ Human Resources ❑X Legal ❑ IT ❑X Risk ❑ Other (This is the responsibility of the requesting Department) Item• MOU between the Superior Court Judges and the Board of County Commissioners approving Extra-Help Juvenile Detention Officers to be compensated at one and one-half(1 '/2)times for hours worked on holidays recognized in the Mason County Personnel Policy. Background/Executive Summary: There has been a significant challenge in Juvenile Detention due to shortage of staff. Many of the extra- help staff are reluctant to work on holidays because they are not compensated beyond straight time. The remedy sought is to compensate the extra-help staff in Juvenile Detention more than straight time as an incentive to work on a holiday. Requested Action: Approval for an MOU between the Superior Court Judges and the Board of County Commissioners approving Extra-Help Juvenile Detention Officers to be compensated at one and one-half(1 ''/2)times for hours worked on holidays recognized in the Mason County Personnel Policy. Attachment(s)• MOU Extra-Help Juvenile Detention Holiday Pay MEMORANDUM OF UNDERSTANDING between Mason County Superior Court And Mason County Board of County Commissioners Mason County Superior Court and the Board of County Commissioners agree to the terms as prescribed below for extra-help juvenile detention officers. WHEREAS, RCW 36.16.070 states... The Board shall fix the compensation of all employees; WHEREAS, there is a significant challenge in juvenile detention due to a shortage of staff. Many of the extra-help staff are reluctant to work on holidays because they are not compensated beyond strai ght time.; WHEREAS, it has been determined by the Mason County Board of County Commissioners, the remedy is compensating extra-help juvenile detention officers at a rate of one and one-half (1 '/2) hours for all work performed on any holiday recognized in the Mason County Personnel Policy, Chapter 7.11; NOW, THEREFORE, BE IT RESOLVED, the Mason County Board of County Commissioners hereby approve the following: 1. All work performed by an extra help juvenile detention officer on a holiday recognized in the Mason CountYersonnePl Policy Chapter 7.11 shall be compensated at a rate of one and one-half (1 Y2) hours to be effective upon signing and shall be subject to review one (1) year from the Effective Date. 2. The terms of this MOU shall be subject to review one (1) year from the Effective Date. If the parties do not mutually agree in writing to extend, amend or renew the MOU following the review, the MOU shall autornaticallYermtinate on the one-year anniversary of the Effective Date. As agreed, on this day of 2025 For Mason Co MasonuntyBOCC: For County Superior Court: Sharon Trask, Chair Monty Cobb, Superior Court Judge Pat Tarzwell, Commissioner Tirsa Butler, Superior Court Judge Randy Neatherlin, Commissioner David Stevens, Superior Court Judge Approved to Form: Tim Whitighead, Chief Deputy Prosecuting Attorney MASON COUNTY PUBLIC WORKS COMMISSIONER BRIEFING February 3, 2025 �N C� Action Items• News Release: Solid Waste free dump vouchers Road Levy Certification for 2025 Request to set a hearing date with the Hearings Examiner for Wednesday March 26, 2025, at 1:OOpm to consider public comment on Road Vacation No. 422. Discussion Items: —> Solid Waste Financial Review 5os Co ap NEWS RELEASE February 18, 2025 - MASON COUNTY COMMISSIONERS' OFFICE 1854 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: Solid Waste Free Dump Vouchers Mason County announces"free dump"vouchers available at three locations: Belfair Youth Connection 23299 WA-3 Building A-2 Belfair,WA 98528 (360)277-5017 Shelton Youth Connection 123 S 2nd St Shelton,WA 98584 (360)462-0125 Mason County 411 N 5' Street Shelton,WA 98584 (360)427-9670,Ext. 0 A big shout out to partners Youth Connections to help distribute vouchers and Mason County Garbage for sponsoring these free vouchers to help keep our community clean. Mason County Garbage's contribution is valued up to just under$40,000 if all vouchers are used in 2025. What you need to know: Vouchers must be used by October 31,2025. 1 voucher per resident(must be Mason County resident). Voucher good for 1 vehicle load. There are some limitations on materials allowed to be dumped. Let's keep Mason County beautiful! BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner *1854 Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Mike Collins,PLS,PE,County Engineer Ext:450 Department: Public Works Briefing: Action Agenda: Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3,2025 Agenda Date(s): February 18,2025 Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item: Road Levy Certification Backi!round/Executive Summary: The County Road Administration Board(CRAB) annually requests that every county legislative authority submit a certification showing the amount of the road levy fixed and the amount, if any, budgeted in accordance with RCW 36.33.220 for traffic law enforcement, and/or any other purpose from diverted road levy. This certification is electronically signed through CRABS new Reporting System(CARS). Budget Impact• N/A Public Outreach: N/A Requested Action: Recommend the Board authorize the Chair to electronically sign the Road Levy Certification for 2025 through CRAB's reporting system (CARS). Attachments: 1. Certification 2. Resolution 2024-067 Certification of the Road Levy and Estimated Revenue Produced Mason 2025 Total County Valuation: $14,834,907,600.00 Road District Valuation: $13,602,239,176.00 Highest Lawful Road Levy: $12,341,417.91 Line I,highest Lawful Levy Calculation form,DOR form REV 64-0007 County Road Levy Shifted to Curent Expense $0.00 per RCW 84.52.043 Adjusted Highest Lawful Road Levy: $12,341,417.91 Certified for Collection by County Assessor: $11,790,717.80 Levy Fixed in Accordance with RCW 36.40.090 (Do not include any refund levy amounts Banked Capacity $550,700.11 Road DisnIct Only County Road Property Tax Revenues Diverted For Other Unincorporated Purposes in Accordance with RCW 36.33.220,RCW 39.89,or RCW 84.55.050 Service to be Provided Diverted Levy Amount RCW 36.33.220 $1,080,000.00 Total Diverted Road Levy: $1,080,000.00 Road Levy Revenue Remaining for Roads: $10,710,717.80 Copy of Authorizing Resolution/Ordinance: Road Funds Budgeted to Be Used for Traffic Law Enforcement Traffic Law Enforcement Funded Through Operating Transfer(per agreeement) $0.00 Traffic Law Enforcement Funded Through Direct Payment(cost reimbursement) $0.00 Total Budgeted Road Fund Expenditures for Traffic Enforcement $0.00 A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE ROAD LEVY FOR THE YEAR 2025 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 2025 Budget for Mason County Refund Levy and Road Fund: ROAD FUND $ 10,710,717.80 DIVERSION OF ROAD LEVY $ 1,080,000.00 LEVY SHIFT TO CURRENT EXPENSE $ 0.00 TOTAL ROAD LEVY $ 11,790,717.80 REFUND LEVY $ 48,737.62 TOTAL AMOUNT TO LEVY FOR 2025 $ 11,839,455.42 This resolution reserves unutilized levy for banked capacity:The current banked capacity reserved for the year 2025 is approximately$550,700.11. .ADOPTED this 1O1� day of .&oVm 024. BOARD OF MASON COUNTY COMMISSIONERS Randy-Neatherlin,Chairperson Kevin Shutty, missioner Sharon Trask,Commissioner ATTEST: McKenzie Smitfi,C1e k of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecuting Attorney Jk Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Tina Schaefer, Right of Way Agent Senior, on behalf of Mike Collins, PLS, PE Ext: 456 Deputy Director/County Engineer Department: Public Works Briefing: 0 Action Agenda: 0 Public Hearing: ❑ Special Meeting: ❑ Briefing Date(s): February 3, 2025 Agenda Date(s): February 18, 2025 Internal Review: ❑ Finance ❑ Human Resources 0 Legal ❑ IT ❑ Risk ❑ Other (This is the responsibility of the requesting Department) Item: Road Vacation Order No. 422—Set Hearing date with Hearing Examiner Vacate a portion of land in the Southwest quarter of the Southwest quarter of Section 12, Township 22 North, Range 4 West,W.M., Mason County,Washington more particularly described as follows: The South half of 16-foot alley lying North of Lots 14-19, Block 8; The North half of 16-foot alley lying South of Lots 12-13, Block 8;AND All that portion of 20-foot alley lying West of Lots 13-14, Block 8,All in McReavy's First Addition to Hoodsport,recorded in Volume 2 of plats, Page 11,records of Mason County,Washington. Background/Executive Summary: Jesse Liechty owns Lots 12 to 19, inclusive, in Block 8, McReavy's First Addition to Hoodsport, as recorded in Volume 2 of plats,page 11. Mr. Liechty has petitioned for the vacation of the deeded rights of way as attached on Exhibit A adjacent to his property. The requested rights of way are not open, and we have no record of ever maintaining them. The rights of way were dedicated to the public on October 14, 1890,when the plat of McReavy's First Addition to Hoodsport was originally platted. An Engineer's Report has been prepared for the Hearing Examiner, and Public Works acknowledges the rights of way were vacated by operation of law,pursuant to the Session Laws of 1889-1890. Budget Impact(amount, funding source,budget amendment, etc.): Petitioners have paid the required administrative fee of$1,000 for vacation of the rights of ways. The rights of way are classified as"Class C"per MCC 12.20.040, 12.20.050, & 12.20.060,therefore no compensation other than the Administrative Fee is due. Public Outreach: The Notice of Intent to vacate will be published in the Shelton Journal two times and posted in three locations, as required by RCW 36.87.050. Requested Action: Recommend the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for Wednesday March 26, 2025, at 1:00pm via zoom to consider public comment on Road Vacation No. 422. Attachment(s)• 1. Engineer's Report 2. Hearing Notice MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 MEMORANDUM DATE: January 17, 2025 TO: Mason County Hearings Examiner FROM: Tina Schaefer, Right of Way Agent Senior, on behalf of Mike Collins, County Engineer, and Deputy Director Cc: Mike Mclrvin, County Surveyor & David Smith, Engineering and Construction Manager SUBJECT: ENGINEER'S REPORT— ROAD VACATION FILE NO. 422 Vacate a portion of land in the Southwest quarter of the Southwest quarter of Section 12, Township 22 North, Range 4 West, W.M., Mason County, Washington more particularly described as follows: The South half of 16-foot alley lying North of Lots 14-19, Block 8; The North half of 16-foot alley lying South of Lots 12-13, Block 8; AND All that portion of 20-foot alley lying West of Lots 13-14, Block 8, All in McReavy's First Addition to Hoodsport, recorded in Volume 2 of plats, Page 11, records of Mason County, Washington. BACKGROUND: Jesse Ryan Liechty owns Lots 12 to 19, inclusive, in Block 8, McReavy's First Addition to Hoodsport, as recorded in Volume 2 of plats, page 11. Mr. Liechty has petitioned for the vacation of the deeded rights of way as attached on Exhibit A. That portion of the rights of way are adjacent to the petitioner's property. The requested rights of way are not open, and we have no record of ever maintaining them. The rights of way were dedicated to the public on October 14, 1890, when the plat of McReavy's First Addition to Hoodsport was originally platted. Vacating this area would clear title for the property owner. Public Works acknowledges the rights of way were vacated by operation of law, pursuant to the Session Laws of 1889-1890. 1 In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's direction, Public Works Department staff examined that portion of the road rights of way requested to be vacated and solicited comments on the proposed vacation. Our findings are the following: 1. The rights of way are unopened, and no records indicate they were opened. 2. The rights of way are vacated by operation of law, pursuant to RCW 36.87.090. 3. The rights of way are classified as "Class U per MCC 12.20.040, 12.20.050, & 12.20.060, therefore no compensation other than the Administrative Fee is due. 4. The petitioner has paid in full the required administrative fee of$1,000.00, pursuant to MCC 12.20.080. Public Notice Public notice has been provided as required by RCW 36.87.050, both by posting at the site and by publishing in the county official newspaper. Recommendation Public Works recommends the formal acknowledgement of the vacation of all that portion of the rights of way as described in the attached Exhibit A, all within the Block 8, in McReavy's First Addition to Hoodsport, recorded in Volume 2 of plats, page 11, records of Mason County, Washington, as dedicated on October 14, 1890 and subsequently vacated by operation of law, pursuant to the Session Laws of 1889-1890. The vacated area will be subject to existing easements for ingress, egress, and drainage or other purposes, if any, and in accordance with RCW 36.87.140, and retaining an easement in favor of Mason County for any utilities and drainage present in the vacated rights of way. Attachments: • Legal Description: Exhibit A • Petition: Exhibit B pages 1 - 6 • Survey Map: Exhibit C 2 LEGAL DESCRIPTION EXHIBIT A A PORTION OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 WEST, W.M., MASON COUNTY, WASHINGTON MORE PARTICULARILY DESCRIBED AS FOLLOWS: THE SOUTH HALF OF 16 FOOT ALLEY LYING NORTH OF LOTS 14-19, BLOCK 8; NORTH HALF OF 16 FOOT ALLEY LYING SOUTH OF LOTS 12-13, BLOCK 8; AND ALL THAT PORTION OF 20 FOOT ALLEY LYING WEST OF LOTS 13 AND 14, BLOCK 8, ALL IN MCREAVY'S FIRST ADDITION TO HOODSPORT, RECORDED IN VOLUME 2 OF PLATS, PAGE 11, RECORDS OF MASON COUNTY, WASHINGTON. I,James D.Turnbow, Professional Land Surveyor, hereby certify that the land description is (lie full and correct description. Signature 1�p � �o ;4 �� 42674 ss �tSTE4` !�'VA L L ANC PETITION - EXHIBIT B MASON COUNTY PETITION FOR VACATION OF COUNTY ROAD TO: Board of Mason County Commissioners c/o: Mason County Public Works Department 100 W. Public Works Drive Shelton, WA 98584 Applicant Name: Jesse Ryan Liechty,c/o Daniel A. Berner Mailing Address: Berner Law Office, PLLC PO Box 1609,Shelton,WA 98584 Phone Number:.360-426-2999 Email Address: daniel@bemerlawoffice.com Parcel Number: 4 22 1 Z10 8 00 8 We, the undersigned, being owners of the majority of the frontage of the below-described county road, hereby petition the Board of Mason County Commissioners for vacation of the following described county road: Road Name:N/A-Unopened Alleyway Road Number: N/A Description of road right of way to be vacated: See attached survey depicting unopened alleways north and west of and adjacent to applicant's parcel no.42212-51-08008. Also see attached plat from 1890. Area to66vacated outlined in red on survey map attached to Petition. Plat Name:McReavy's First Addition to Hoodsport Recording Date: 10/14/1890 Section: 12 Township: 22N Range: 4W Attached herewith is a map secured from the Mason County Engineer or from the Mason County Assessor. We have shaded the right of way herein petitioned to be vacated and have also shown the ownerships along said right of way. IN SUPPORT OF SAID PETITION, PETITIONERS ALLEGE: I That the undersigned are the owners of the majority of the frontage of the county road right of way petitioned to be vacated and said right of way is located in Mason County, Washington. I1 That contact information, signatures and legal descriptions of the property owned by each petitioner on the right of way to be vacated are provided below: NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# I Jesse Ryan Liechty HOODSPORT- MCREAVY'S 360-426-2999 100 N Schoolhouse Hill Road ADD BLK: 8 TRS 7 &8 LOTS Hoodsport, WA 98548 X 2 X PETITION FOR VACATION OF COUNTY ROAD Page 1 PETITION - EXHIBIT B NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 3 X 4 X (Additional petitioners are listed on the attachment hereto.) III That, if the plat was recorded prior to March, 12, 1904, and, if the right of way is not now in use as a public road, the following proof is provided that the road was never opened for public travel for five years following recording of the plat: Alleyway has never been opened as far as property owner is aware- property to be vacated is raw undeveloped_land with natural vegetation and trees. IV That such county road right of way is useless as a part of the county road system and that the public would be benefited by its vacation for the following reasons: The alleyway has never been used as a county road and it dead-ends. No public use or benefit _exist,,#octhe-aUe�awaylo-be tacatPrl V That this road vacation is requested for the following purpose: To remove the unopened alleyway and to allow the abutting land owners to use the property, VI That this petition is accompanied by an Administrative fee of One Thousand Dollars($1,000.00), payable to Mason County Public Works, pursuant to statute, conditioned upon petitioners paying into the Mason County Road Fund the amount of all costs and expenses incurred in the examination,report and all proceedings pertaining to this petition for the vacation of said road right of way. The County also requires compensation for Class A(50%)and Class B(100%)of appraised value. DATED this 29th day of October 12024 PETITION FOR VACATION OF COUNTY ROAD Page 2 PETITION - EXHIBIT B SKETCH SHOWING BASIS OF BEARING AREA OF VACATION NORTH 01'27'49"EASTALONG THE EAST LINE OF THE SOUTHEAST 0 50' QUARTER OF SECTION 11 N SCALE: CA)�ti�rt HILLSIDE AVE (VACATED) Tit yAll- uj M O� p N Z 13 12 � soon ...ALLEY ... S 88'30'17"E 2%94' 16, 0 'Z a y N 88'30't7'W 224.92• 1g. BOATSPIKE 0 v o SC1lOOL1I0US>; ItOAD - SW SECTION 12 CALCULATED SHEET 1 OF 1 rTURNB 0 W LAND SURVEY/NG, PLLC PROFESSIONAL LAND SURVEYING y p T U P.O.BOX 834 R, SHELTON,WA.98584 (360)432-2753 lurnbowland@yahoo.com JOB NO. DATE: o `A 2325 9-26.2023 amfl �pQ CHECKED BY: SCALE: JOT 1"= 50' Traverse PC PETITION - EXHIBIT B A PORTION OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 WEST, W.M., MASON COUNTY, WASHINGTON MORE PARTICULARILY DESCRIBED AS FOLLOWS: THE SOUTH HALF OF 16 FOOT ALLEY LYING NORTH OF LOTS 14-19, BLOCK 8; NORTH HALF OF 16 FOOT ALLEY LYING SOUTH OF LOTS 12-13, BLOCK 8; AND ALL THAT PORTION OF 20 FOOT ALLEY LYING WEST OF LOTS 13 AND 14, BLOCK 8, ALL 1N MCREAVY'S FIRST ADDITION TO HOODSPORT, RECORDED IN VOLUME 2 OF PLATS, PAGE 11, RECORDS OF MASON COUNTY,WASHINGTON. I,James D.Turnbow, Professional Land Surveyor, hereby certify that the land description is the full and correct description. Signature � � o t STE¢ JQ' j�NAL LN PETITION - EXHIBIT B VoL.? fi rc4so/L C o a at'y GUCLffLL1�t07Y. n.-�.�.��"� ryS' 11 r�•w�,...r�' 1 /ia..C! �WLwa.+Lwr.... '-_�� r•(Ff/_f lE1ulrM1_ ____- _ - 'f__ 1 A fir.{ •A..B..wi/J�/•dI.IwX+ a_/ ✓ _- i rt• r� f Is • �! ''�� ED 11 tr=�y Via.-.q Nr rOwe,,,.- •M'l�-%1� ~ 1'rr) � � ••�' .. �%d�^�` ,.t ] 6,grr�r..-�r"n/ar..a �. lam - �� �"~ _�r'•YJ?Y S•1`.'ra ..�•i zta,„,c«.. L "•' �.•r� �• �� '�_ �1 tli.,�•1 •..keys txy�Sw...� .,'fin. �,•* yr }.• rot ov l•"`qL--wrl•R.{►Ct': IDS �'. .1 ,• •t t� �%al�•••-y"�;.''... f.Ir-�,ry�' '11 i , �,V'-R►Jr jrr. ^ I/ ���"'J� — • •��'I -• S ..,...a....yy.. ' Fir v` L 1..%...�ari..n" I `•g J Niur�.r..�w .i. r ., i ^• J C. 'j e.t iv raa by 0—., Qj c i...r 4...C..•. .� br..r f� •�' , PETITION - EXHIBIT B IIVA31-1 XA19 A P,4,Q7- �� I t ADD./.T/O/V � • � , - rf SCRLE 200 FT. ONE /NCH - I I 14' /ALrf-`�E:ate _�;/ YE�f:G � �% y�.Yr:;=i • 14 R•,..'o JJ •A, `�'Y \�•, •'♦ � • J • 1 ° _ `�, t ••i;(7�y,_I,��'—�•113t7 �asu:,i � `_.. 1 ' _•.r.,� %.�:fq,',,Ir i GG2- ip rd Al •' • . • 1 .. •�••� ,t ••` mil 1, •' / •/T.••. t��(J�' /,� t I I � L,/,�E ArEA•r.�ftT� r `gip` ••/� C . ;� i f I 1 I 0 .. t /� � / - is • .wry.—..� Yam_-- �' f�' � .—• � a .—_ .—� Survey Map - EXHIBIT C SKETCH SHOWING BASIS OF BEARING AREA OF VACATION NORTH 01°27'49"EAST ALONG THE EAST LINE OF THE SOUTHEAST ` 0 50, QUARTER OF SECTION 11 N SCALE: i"=50' 0;�1, CU51�rt HILLSIDE AVE (VACATED) LLJ W o� ''' ... ..... 8000 'i... ... - :.........:..ALLEY.. ., n S 88'30'17'E 256.94' - o ` �, 14 15 16 17 18 19 h ���•� N 88-30'17-W 224.92' 16' BOATSPIKE 0 0 _ ---SC'IlOOL1)OUSI; ROAD - ------------ SW SECTION 12 CALCULATED SHEET 1 OF 1 TURNBOW LAND SURVEYING, PLLC PROFESSIONAL LAND SURVEYING P.O.BOX 834 5 0' T V R, SHELTON,WA.98584 (360)432-2753 �0 turnbowiand n yahoo.com 1 JOB NO. DATE: A 2325 9-26-2023 amD� �J4 CHECKED BY: SCALE: �� •�4 t,AKO JOT 1•'= 50' Traverse PC RESOLUTION NO. VACATION FILE NO.422 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 WHEREAS NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting the vacation of the following right of way: Vacate a portion of land in the Southwest quarter of the Southwest quarter of Section 12, Township 22 North,Range 4 West,W.M.,Mason County,Washington more particularly described as follows: The South half of 16-foot alley lying North of Lots 14-19,Block 8; The North half of 16-foot alley lying South of Lots 12-13,Block 8; AND All that portion of 20-foot alley lying West of Lots 13-14, Block 8, All in McReavy's First Addition to Hoodsport,recorded in Volume 2 of plats,Page 11,records of Mason County,Washington. WHEREAS the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner on the matter and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE,BE IT RESOLVED that said hearing has been set for Wednesday, March 26,2025,at 1:00 p.m.via Zoom,at which time any taxpayer may appear via Zoom to hear the County Engineer's report and be heard either for or against the vacation of the above said portion of road located in Mason County Washington. For those unable to attend the hearing email testimony to mfrazierkco.mason.wa.us. Visit the Mason County Hearings Examiner Agenda webpage at www.co.mason.wa.us/hearings-examiner or contact Mariah Frazier at mfrazier(c-r�,co.mason.wa.us or call(360)427-9670 Ext 365 for Zoom information. DATED this day of ,2025. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Pat Tarzwell,Vice Chair Tim Whitehead,Ch.DPA Assessor Auditor Randy Neatherlin, Commissioner County Engineer Petitioner Post no later than 3/5/25 (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 422 JOURNAL—Publish 2t: 2/27/25—3/6/25 (Bill Public Works) 1 Mason County Public Works Solid Waste Q4-2024 Financials PRESENTED BY MASON COUNTY PUBLIC WORKS 2 2024 Solid Waste Overview 0 0 0 NON 0 0 0 0 0011 FTE Operating Capital Hazardous Annual Tons Annual Tons of 14 Budget Budget Household of Recycling Solid Waste $7,227,562 $360,000 Waste 600+ 50,000+ 850+ Solid Waste Operating Overview O1 /01 /2024 Solid Waste Beginning Balance was $3,517,533. A breakdown of this beginning balance is: • 25% Operating Reserve $ 1 ,534,356 • Capital Reserve Balance $ 1 ,493,688 • -7.5% Rate Stabilization $ 459,636 • 2% Annual Capital Reserve $ 29,873 I No OEM_ Solid Waste Revenues : Budget-vs-Actual A AL DESCRIPTION BUDGET ACTUAL THRU Q4 REMAINING % RECEIVED YTD SOLID WASTE REVENUE $ 6,587,880 $ 7,054,207 $ (466,327) 107% GRANT REVENUE 392,617 194,350 198,267 50% REFUSE TAX 120,000 110,720 9,280 92% INTEREST REVENUE 107,000 193,373 (86,373) 181% SALE OF SCRAP 20,000 12,517 7,483 63% M I SC REVEN U E 65 242 (177) 372% TOTAL $ 7,227,562 $ 79565,409 $ (337,847) 105% 2024 Actual Revenue exceeded Budget by more than $330,000. 5 Solid Waste Revenues : Budget-vs-Actual -& - MM11111199191 120.0% More than 93% of revenue is 100.0% _ from Solid Waste fees. It ' s crucial 80.0% to manage these operations efficiently. Less than 7% of 60.0% 93.2%from Solid revenue comes from grants, 40.0% Waste Fees taxes, scrap metal sales, and 20.0% interest revenue . 0.0% %OF TOTAL REVENUE In 2024, fees from Mason County SOLID WASTE FEES GRANT REVENUE ■REFUSE TAX Garbage was over $4.6 million . .INTEREST REVENUE SALE OF SCRAP ■MISC REVENUE 0 Solid Waste Revenue : Tipping Fees .1 good More than $7 million in Solid Waste (tipping fee) Revenue was received in 2024. Mason County Garbage brought in over $4.6 million from their customers, and self-haulers contributed over $2.4 million in revenue. Most self-haulers come to the Eells Hill transfer station, accounting for $2. 1 o million. Belfair $167k, Hoodsport $73k and Union $71 k. Solid Waste Benchmarks ANNUAL SOLID WASTE TONNAGE THRU THE 4th QUARTER ornn On') 2022 2024 BUDGET 24 2024 Solid Waste Tonnage is nearly 4% above budget estimate, and 5% greater than 2023. • • Solid Waste Expenses : Budget-vs-Actual EXPENDITURES 2024 BUDGET YTD THRU Q4-2024 AVAILABLE % USED YTD LONG HAUL DISPOSAL $ 3,951,164 $ 3,569,272 $ 381,892 90% WAGES& BENEFITS $ 1,285,776 $ 1,165,581 $ 120,195 91% SERVICES $ 916,517 $ 836,222 $ 80,295 91% TAXES $ 242,000 $ 232,857 $ 9,143 96% SUPPLIES $ 79,000 $ 83,103 $ (4,103) 105% HHW CONTRACT $ 60,500 $ 46,475 $ 14,025 77% TIRE/LEACHATE DISPOSAL $ 32,000 $ 37,801 $ (5,801) 118% HHW DISPOSAL $ 30,000 $ 15,312 $ 14,688 51% TOTAL $ 69596,957 $ 51986,622 $ 610,335 90.7% Actual expenses were 91 % of Budget. Ending fund balance per Mason County Treasurer is $4,906,647.37. Solid Waste Recycling Benchmarks A AWA Recycling drop off is available at all 4 Solid Waste Transfer Facilities. 2024 RECYCLING BY LOCATION ■Belfair ■Hoodsport ■Shelton ■Union Clean materials accepted are : • Dry corrugated cardboard (OCC • Newspaper, magazines, phone books & mixed papers (MWP) 15 • Glass bottles and jars without lids • Plastic jugs and bottles without lids • Aluminum and tin cans �iL— Solid Waste Recycling%. Benchmarks no &- - 2023 vs 2024 RECYCLING TONNAGE BY MATERIAL 250.0 2024 recycling tonnage of all materials is up 200.0 2% + when compared to 2023 recycling. 150.0 ■ BY TO N NAG E 100.0 RECYCLED MATERIAL Thru 12/2023 Thru 12/2024 Ca rd board 221.8 210.928 50.0 Mixed Paper 105.1 112.395 Plastic/Tin 84.7 79.77 0.0 Aluminum 17.6 18.4 Cardboard Mixed Paper Plastic/Tin Aluminum Glass Glass 210.1 231.54 0 Thru 12/2023 0 Thru 12/2024 Total 1 639.3 653.033 Do you have additional questions ? Loretta Swanson, Director (360) 427-9670 Ext 769 Richard Dickinson, Deputy Director (360) 427-9670 Ext 652 Kevin Guijosa , Solid Waste Manager (360) 427-9670 Ext 273 Stephanie Buhrman, Finance Manager (360) 427-9670 Ext 388 Wendy Thompson, Office Specialist (360) 427-9670 Ext 199 Mason County Public Works/Utilities and Waste Management