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Home My WebLink About2025/02/18 - Regular PacketBoard of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 February 18, 2025 9:00 a.m. Feb. 18.3 Commission meetings are live streamed at http://www.masonwebtv.com/ Regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide comment and testimony. Public comment and testimony can be provided in-person, via e-mail at msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427- 9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Solid Waste Free Dump Vouchers News Release 5. Open Forum for Citizen Input Please see above options to provide public comment; 3 minutes per person, 15-minute time limit. 6. Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7. Approval of Minutes – December 17, 2024, January 7, 2025, January 21, 2025 and February 4, 2025 Regular Minutes, January 21, 2025 Finance Committee Minutes and January 27, 2025 and February 3, 2025 Briefing Minutes 8. Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8110602-8111069 $ 2,923,480.19 Direct Deposit Fund Warrant #113594-114004 $ 975,489.58 Salary Clearing Fund Warrant #7008681-7008717 $ 1,294,679.95 Treasurer Electronic Remittance $ 1,588,060.18 8.2 Approval to appoint Joel Galbraith to the Planning Advisory Commission (PAC) for a four-year term expiring February 18, 2029. 8.3 Approval of the Memorandum of Understanding (MOU) with the Mason County Housing Authority (MCHA) for Public Health staff to provide clerical services. 8.4 Approval of the Memorandum of Understanding (MOU) with the Mason County Housing Authority (MCHA) for Mason County to donate $85,000 per year plus cost-of-living increases for the next five (5) years for the Executive Director position. 8.5 Approval of the Professional Services Contracts with Taschner Law Office, PLLC to serve as contracted Public Defense Attorneys for District Court and Superior Court for 2025. 8.6 Approval to Amend Community Lifeline Contract #23-040 re-allocating $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. 8.7 Approval of the Memorandum of Understanding with Superior Court Judges approving Extra-Help Juvenile Detention Officers to be compensated at one and one-half (1 ½) times for hours worked on holidays recognized in the Mason County Personnel Policies. 8.8 Approval to authorize the Chair to electronically sign the Road Levy Certification for 2025 through the County Road Administration Board (CRAB) reporting system (CARS). 8.9 Approval of the Resolution setting a hearing date with the Hearing Examiner for Wednesday, March 26, 2025, at 1:00 p.m. via zoom to consider public comment on Road Vacation No. 422. 8.10 Approval to accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings of Fact, Conclusions of Law, and Recommendations of the Hearing Examiner for Road Vacation no. 420. 8.11 Approval to authorize Public Works to apply for the Flood Control Assistance Account Program grant in the amount of $300,000 ($75,000 local match and $225,000 grant award). 8.12 Approval to designate the Mason County Economic Development Council as Mason County’s Associate Development Organization (ADO) for the 2025-2027 Biennium. 8.13 Approval of the 2025 Oath of Credit Card Inventory, and for the County Administrator to sign the document. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. No Public Hearings set for this time. 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Ravyn Marshall Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: 02/18/2025 No. 4.1 ITEM: Correspondence 4.1.1 Received notice from Washington State Liquor and Cannabis Board the following: Special Occasion Liquor License for Salish Sea Rotary Club of Mason County; Cannabis License Application from Higher Ground Cannabis LLC; Cannabis License Renewal Applications from Memento Credere LLC and Goldcast LLC; Liquor License Renewal Applications from Jason & J Investment Corp; Sugar Tap Holdings, Inc; Lotus Garden Inc; Sunshine’s Produce & Propane; Jesalva IV, Inc; Alert Aesthetics LLC; Borden, Incorporated; Hot Springs LLC; Anderson Resources Incoporated; Freitas, Neil Patrick; Downtown Union, LLC; Il Canale LLC and Anaya-Sahagun 1, Inc 4.1.2 Received letter from Squaxin Island Tribe regarding consultation for the Bremerton- Mason County Sewer Expansion Project 4.1.3 Received application from Christopher Kay for the Housing Authority Advisory Board Attachments: Originals on file with the Clerk of the Board. WASHINGTON STATE LIQUOR AND CANNABIS BOARD – LICENSE SERVICES 1025 UNION AVE SE – P O Box 43075 Olympia WA 98504–3075 specialoccasions@lcb.wa.gov Fax: 360-753-2710 TO: MASON COUNTY COMMISSIONERS FEBRUARY 6, 2025 SPECIAL OCCASION #: 091307 SALISH SEA ROTARY CLUB OF MASON COUNTY 7627 E SR 106 UNION, WA 98592 DATE: JUNE 28, 2025 TIME: 11:00 AM TO 3:00 PM PLACE: PORT OF HOODSPORT - DOCK PREMISIES - 24113 N. HIGHWAY 101, HOODSPORT CONTACT: NANCY BAYLEY (DOB: 2.3.1952) 360-701-6090 SPECIAL OCCASION LICENSES  __Licenses to sell beer on a specified date for consumption at a specific place.  __License to sell wine on a specific date for consumption at a specific place.  __Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption.  __Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES____ NO____ 2. Do you approve of location? YES____ NO____ 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES____ NO____ OPTIONAL CHECK LIST ___________EXPLANATION____ YES____ NO____ LAW ENFORCEMENT ____________________________ YES____ NO____ HEALTH & SANITATION ____________________________ YES____ NO____ FIRE, BUILDING, ZONING ____________________________ YES____ NO____ OTHER: ____________________________ YES____ NO____ If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. ________________________________________________________________________________________ DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE Received 2/6/2025 Commissioners Randy Neatherlin, Sharon Trask and Pat Tarzwell. Mark Neary, McKenzie Smith Liquor Board NOTICE OF CANNABIS LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia, WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://lcb.wa.gov RETURN TO: localauthority@sp.lcb.wa.gov As required by RCW 69.50.331(7)the Liquor and Cannabis Board is notifying you that the above has applied for a cannabis license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days, we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s) you need more time. If you need information on SSN, contact our Cannabis CHRI desk at (360) 664-1704. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (See WAC 314-55-160 for information about this process) 4. If you disapprove, per RCW 69.50.331(7)(c) you MUST attach a letter to the Board detailing the reason(s) for the objection and a statement of all facts on which your objection(s) are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE DATE: 1/29/25 TO: MASON COUNTY COMMISSIONERS RE: CHANGE OF CORPORATE OFFICERS/STOCKHOLDERS APPLICATION UBI: 604-918-131-001-0002 APPLICANTS: HIGHER GROUND CANNABIS LLC MAURER, STEPHEN ALWIN 1984-12-18 SEMKEN, DAVID ERRON 1985-02-08 WATSON, LEAH MARIE 1989-06-14 License: 437461 - 7B County: 23 Tradename: HIGHER GROUND CANNABIS LLC Loc Addr: 160 W WESTFIELD CT STE D SHELTON, WA 98584-4604 Mail Addr: 9116 E SPRAGUE AVE # 371 SPOKANE VALLEY, WA 99206-4397 Phone No: 509-599-5064 DAVID SEMKEN Privileges Applied For: CANNABIS PRODUCER TIER 1 6049181310010002 Received 1/29/2025Commissioners Randy Neatherlin,Sharon Trask and Pat Tarzwell.Mark Neary, McKenzie SmithCannabis Board NEWS RELEASE February 18, 2025 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 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 5th 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, Chair ______________________ Pat Tarzwell, Vice-Chair ______________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 December 17, 2024 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Diane Zoren led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin and Commissioner District 2 – Kevin Shutty. Absent: Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Pam Schlauderaff sent in a letter requesting the Mason County Administration Building be renamed “William Hunter Administration Building”. 4.1.2 2025 Budgets, Levy Certifications, and/or Resolutions were received from the following: Mason County Fire District no. 13, City of Shelton Council, Shelton Metropolitan Park District, Mason County Second Class School Districts, North Mason School District, North Mason Regional Fire Authority, Mason County Fire District no. 16, and Mason County Fire District no. 5. 4.1.3 Building Industry Association of Washington sent notice regarding Initiative 2066. 4.1.4 Department of Natural Resources sent notice regarding removal of Martin and Eileen Landman’s property from Open Space classification. 4.1.5 Suquamish Indian Tribe sent a letter regarding Tribal Consultation for the Belfair Sewer System and Regional Sewer Planning with the City of Bremerton. 4.1.6 Federal Energy Regulatory Commission sent a letter regarding response to Dam Safety Surveillance and Monitoring Report review comment no. 3 and 4 for the Cushman Project. 4.1.7 Washington State Liquor and Cannabis Board send notice regarding cannabis renewal applications. 4.1.8 Verizon sent notice regarding site address 100 W Public Works Drive and an agreement entered into with Vertical Bridge. 4.2 Richard Dickinson read an Early Closure of Eells Hill Transfer Station and Belfair Drop Box on December 19, 2024 news release. 4.3 Commissioners presented Diane Zoren with a certificate of appreciation for her 33 years of service. 4.4 Cmmr. Neatherlin recognized Cmmr. Shutty for his 8 years as Commissioner. 5. Open Forum for Citizen Input Monte Ritter, Shelton, encouraged the Commission to create a trail through Shelton to Belfair and encouraged the idea. This was withdrawn from the Comprehensive Plan; however, the ten-year moratorium is almost over, and the trail can be added again. Ken VanBuskirk, Belfair, shared his disappointment that the Chair refused to approve the renewal for the current Interlocal Agreement with the City of Bremerton and Port of Bremerton. The daily gridlock in North Mason is also getting worse, this needs resolved. 6. Adoption of Agenda 2 | D e c e m b e r 1 7 , 2 0 2 4 C o m m i s s i o n M i n u t e s Cmmr. Shutty/Neatherlin moved and seconded to adopt the agenda as published. Motion carried. N-aye; S-aye; T-absent. 7. Approval of Minutes 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8109260-8109492 $1,638,108.99 Direct Deposit Fund Warrant # 111966-112373 $ 967,066.96 Salary Clearing Fund Warrant # 7008552-7008587 $1,244,388.20 Treasurer Electronic Remittance $1,886,742.69 8.2 Approval for Public Works to purchase Water Wastewater Utilities software from AllMax Software, LLC in the amount of $32,915. 8.3 Approval to appoint Eric Gough to the Mason County Civil Service Commission to fill a six- year term from January 1, 2025 through December 31, 2030. 8.4 Approval of the Interagency Agreement no. K5694 between Washington State Department of Agriculture and Mason County Noxious Weeds in the amount of $5,000. 8.5 Approval of the Resolution amending Resolution no. 22-19 increasing the Chief Deputy Prosecuting Attorney salary to 80% of that of a Superior Court Judge. (Exhibit A, Resolution No. 2024-075) 8.6 Approval of the Resolution amending Resolution no. 2024-047 revising the 2025 Non- Represented Salary Schedule to be effective January 1, 2025. 8.7 Approval for the Public Health and Human Services Director to sign the Consolidated Contract (CONCON) between the Washington State Department of Health (DOH) and Mason County Public Health and Human Services. 8.8 Approval of the Professional Services Contract with Olympic Health & Recovery Services (OHRS) for the Law Enforcement Co-Responder Program in the amount of $180,000 from Treatment Sales Tax (TST) from January 1, 2025 through December 31, 2025. 8.9 Approval of the Professional Services Contract with Northwest Resources II (NWRII) for the Social Opportunity Services (SOS) Program in the amount of $169,003.24 from TST from January 1, 2025 through December 31, 2025. 8.10 Approval to accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings of Fact, Conclusions of Law, and Recommendations of the Hearing Examiner for Road Vacation no. 419, subject to Mason County retaining the total width of the right of way for the adjacent Lombard Road as shown on the plat of Pirates Cove. (Exhibit B, Resolution No. 2024-076) 8.11 Approval of the movement of remaining approved funds from complete or incomplete internal County American Rescue Plan Act (ARPA) projects to “Governmental Operations”. 8.12 Approval of the amendment to the State Homeland Security Program (SHSP) Fiscal Year 2022 grant contract no. E23-098 from Washington State Military Department (EMD) and United States Department of Homeland Security for the increase of the amount from $15,335 to $29,835 for the performance period of September 1, 2022 through July 31, 2025. 8.13 Approval of the Resolution for the honorary naming of the Mason County Administration Building to the “William Hunter Administration Building”. (Exhibit C, Resolution No. 2024- 078) 8.14 Approval to enter into contract with BerryDunn for a feasibility study of Mason Lake Camp. 8.15 Approval to appoint Christopher Gaynor II to the Historic Preservation Commission (HPC) for a three-year term expiring November 30, 2027. 8.16 Approval of the letter of support for the regional partnership formed by Mason County fire districts to seek funding from the Assistance to Firefighters Grant (AFG) for approximately two hundred portable radios. 8.17 Approval to create one full-time employee (FTE) Court Commissioner position in Superior Court. 3 | D e c e m b e r 1 7 , 2 0 2 4 C o m m i s s i o n M i n u t e s 8.18 Approval of the Resolution re-certifying to the County Assessor the property tax levies for collection in 2025. (Exhibit D, Resolution No. 2024-079) 8.19 Approval of the movement of $25,000 from the 2024 Operating budget to the 2024 Salaries budget, in addition to the $15,000 movement allowed by Resolution no. 26-17. 8.20 Approval of the letters to the Squaxin Island, Skokomish, and Suquamish Indian Tribes regarding the request for government-to-government consultation on the City of Bremerton utility extension project. Item 8.5 removed by Cmmr. Neatherlin for discussion. Cmmr. Shutty/Neatherlin moved and seconded to approve action items 8.1 through 8.20 with the exception of item 8.5 and 8.6 for separate discussion and vote. Motion carried. N-aye; S- aye; T- absent. Item 8.5 Cmmr. Neatherlin asked the Commission to consider increasing the Chief Deputy Prosecuting Attorney salary to the same rate as the Court Commissioner. Cmmr. Shutty felt it was inappropriate to not follow the proper process of making this additional change. Cmmr. Shutty/Neatherlin approved and seconded to approve the Resolution amending Resolution no. 22-19 increasing the Chief Deputy Prosecuting Attorney salary to 80% of that of a Superior Court Judge. Motion carried. N-aye; S-aye; T- absent. Item 8.6 Mark asked for this item to be removed due to the Non-Represented Salary Scale being incorrect. The intent is to have a 2.5% increase between each range and step. At this time there are areas in the scale that are not consistent, the table needs revised. Cmmr. Shutty/Neatherlin approved and seconded to table item 8.6 until January 7, 2025 regular meeting. Motion carried. N-aye; S-aye; T- absent. 9. Other Business (Department Heads and Elected Officials) Kell Rowen, Community Development Director, recognized Fire Marshal Randy Collins for being given honor of State Fire Marshal of the year by the Washington State Fire Marshal Association. Michael Dorcy, Prosecuting Attorney, commented on item 8.5 regarding the Chief Deputy Prosecuting Attorney’s salary and advocated for the salary to be the same as the Court Commissioner. Tim Whitehead has been the Chief Deputy Prosecuting Attorney for fourteen (14) years and has been invaluable to Mason County. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider changes to Mason County Code Chapters 2, 3, 13, and 17 to reflect current administration, finance, design and construction standards, permits, fees, and enforcement. Staff: Richard Dickinson (Exhibit E, Ordinance No. 2024-080) Richard, Deputy Director of Utilities and Waste, shared Chapter 2 established utility operating and capital reserve; Chapter 3 identifies all utility enterprise funds and updates department administration; Chapter 13 revises to be clear the title refers to utilities owned and operated by the County, reorganizes into one chapter for public water systems (13.03) and public sewer 4 | D e c e m b e r 1 7 , 2 0 2 4 C o m m i s s i o n M i n u t e s (13.04), and removes Harstine Pointe language; Chapter 17 updates language to be consistent with WAC 246-272A-0025 to be effective April 1, 2025, revises criteria and requirements for allowing on-site septic systems on existing lots of record, eliminates payment of the CFC if the on-site septic is approved, requires recording a certificate guaranteeing connection when available, and removes the County as designated operator of approved large on-site septic systems (LOSS). The proposed revisions do not have substantive budget impact, and a Public Hearing notice was published on November 28 and December 5, 2024. T E S T I M O N Y Ken VanBuskirk, Belfair, shared that reference to the Belfair sewer needs to be replaced with Mason County’s Urban Growth Areas (UGAs) from Title 17 Zoning before the Ordinance is approved. Cmmr. Shutty/Neatherlin moved and seconded to approve an additional change to 17.03.030(1)(b) and (2)(b)(2) removing the reference to the Belfair Urban Growth Area (UGA) Build-Out Sewer Connection map and approve the Ordinance amending sections of Mason County Code Title 13 (Utilities) removing Harstine Point Water and Sewer System, removing, and combining sections, and updating rate structures for all County owned and operated water and wastewater facilities and amending sections of Title 2 (Administration and Personnel), Title 3 (Revenues and Finance), and Title 17 (Zoning) relating to Mason County’s Urban Growth Area (UGA). Motion carried. N-aye; S-aye; T-absent. 10.2 Public Hearing to consider the draft Resolution for Budget Supplemental Appropriations and Amendment Requests and the proposed 2024 Budget Amendment no. 2 Detail and Detailed Budget Entries. Staff: Jennifer Beierle Jennifer, Budget Manager, shared this Public Hearing is to consider 2024 Budget supplemental appropriations and amendment requests. The net total of adjustments to the 2024 authorized expenditure appropriations in the General Fund is an increase of $1,878,917; and the net total of adjustments to 2024 authorized expenditure appropriations in funds other than the General Fund is an increase of $6,271,245. Details are included in Attachments A and B. Cmmr. Shutty/Neatherlin moved and seconded to approve Budget Supplemental Appropriations and Amendments in the amount of in the General Fund $1,878,917 and in Other Funds $6,271,245 total $8,150,162 as presented by staff. Motion carried. N-aye; S-aye; T- absent. 10.3 Public Hearing to consider the sale of real property at 6 Public Works Drive, Shelton parcel no. 42002-13-90060 for $500,000 and sale of real property at 8 Public Works Drive, Shelton parcel no. 42002-13-90080 for $650,000 to David C Bayley and/or Assigns. Staff: Mark Neary (Exhibit F, Resolution No. 2024-081) Mark, County Administrator, shared these parcels have been for sale for a long time but there was not a lot of activity. The parcels were re-valued and offers were received on parcel no. 42002-13-90060 for $500,000 and parcel no. 42002-13-90080 for $650,000. Proceeds will go to Public Works. Cmmr. Shutty/Neatherlin moved and seconded to approve the sale of real property at 6 Public Works Drive, Shelton parcel no. 42002-13-90060 for $500,000 and sale of real property at 8 Public Works Drive, Shelton parcel no. 42002-13-90080 for $650,000 to David C Bayley and/or Assigns. Motion carried. N-aye; S-aye; T- absent. 5 | D e c e m b e r 1 7 , 2 0 2 4 C o m m i s s i o n M i n u t e s 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 10:18 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Pat Tarzwell, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 January 7, 2025 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Cmmr. Tarzwell led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Pat Tarzwell; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Treasurer’s Office sent notice regarding RCW 36.48.010 – Depositories Designated by the Treasurer. 4.1.2 Ronald Medley, Joel Galbraith, and Khirstie Rose sent in applications for the Planning Advisory Commission and Bernie Games sent in an application for the Parks and Trails Advisory Board. 4.1.3 Washington State Liquor and Cannabis Board sent in the following: liquor license renewal applications for Mosquito Fleet Winery LLC, Seabeck Pizza Inc, YMCK Inc, Tuggs and Chuggs Inc, Paik’s Corp, and Lake Limerick Country Club Inc. 4.1.4 Pacific County Commissioners sent in a letter of concurrence to appoint Dean Jewett to the Timberland Regional Library Board of Trustees. 4.1.5 Economic Development Council sent in the 2024 Quarter 4 Report and Scope of Services. 4.1.6 Mason County Superior Court sent in the 2025 Judicial Rotation Schedule. 4.2 Richard Dickinson read the Free Christmas Tree Recycling news release. 4.3 Cmmr. Trask was appointed as Chair and Cmmr. Tarzwell was appointed as Vice-Chair. 5. Open Forum for Citizen Input Tom Dennis, Mason County, shared an issue with no internet or landline service due to Century Link being dissolved, there are 110 people without service since December 18, 2024. The main cable was cut after a mudslide and Century Link has not fixed it. Tom asked the Commissioners to declare a disaster and get a firm date from Century Link of when service will be restored. Steve Ingram, Mason County Fire District No. 12 Commissioner, extrapolated on Tom Dennis’s comment. There is an immediate need for community members to be able to reach public, safety, and essential emergency services. There has not been reliable communication for months. Other options are not affordable to most community members. Whether Lumen and Century Link dissolve, they are still a legal provider. Monte Ritter, Shelton, shared he was previously on the Mason County Parks and Trails Advisory Board. In 1999, beaver dams failed and flooded downtown Shelton. Later the beaver bill was passed, and beavers were restored to Monte’s property. A ten-year moratorium was placed on construction curb cuts on Highway 3. This moratorium is almost over. The City of Shelton is preparing to put in a trail from Highway 101 through town to the marina. Originally there was a request to put a trail from Shelton to Belfair in the Comprehensive Plan, Monte plans to request this be added to the Comprehensive Plan again. Doug Liles, Mason County, discussed Tacoma City Light having two dams on the south fork of the Skokomish River. While Mason County received no benefits financially, Tacoma City Light 2 | January 7, 2025 Commission Minutes had a boat ramp open to the public with restrooms. When the Skokomish Tribe took ownership of the boat ramp, the boat ramp went from free to $250 a year with no daily fee option. Doug asked the Commissioners to work with the State on putting in more boat ramps that are free to the public. 6. Adoption of Agenda Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the agenda as published. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 7. Approval of Minutes No minutes at this time. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8109493-8109983 $3,238,412.30 Direct Deposit Fund Warrant # 112374-112786 $ 975,296.15 Salary Clearing Fund Warrant # 7008588-7008615 $ 645,077.23 8.2 Approval for the Mason County Board of Equalization (BOE) to hear completed and timely filed appeals for the 2024 assessment year. 8.3 Approval of the Resolution amending the Non-Represented Salary Scale Range Alignment to reflect the recommendations from the 2024 Non-Represented Classification and Compensation Study and to standardize the increases between steps and ranges to equal 2.5%. (Exhibit A, Resolution No. 2025-001) Cmmr. Neatherlin/Tarzwell moved and seconded to approve action items 8.1 through 8.3. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 9. Other Business (Department Heads and Elected Officials) Steve Duenkel, Auditor, shared update on US Passport Service. Began issuing passports last June, processed 512 passport applications over $25k additional revenue. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearings set for this time. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:37 a.m. 3 | January 7, 2025 Commission Minutes ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Pat Tarzwell, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 January 21, 2025 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Cmmr. Neatherlin led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Pat Tarzwell; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Capitol Land Trust sent in the 2024 report regarding Decker Creek Wetlands. 4.1.2 Timberland Regional Library (TRL) sent in Resolutions and Tax Levy worksheets for 2025. 4.1.3 United State Fish and Wildlife Service sent in the following: proposal to update the Grizzly Bear endangered species act listing and management and proposal to list Suckley’s Cuckoo Bumble Bee as endangered. 4.1.4 Advisory board applications were received from the following: Ginger Kenyon for the Parks and Trails Advisory Board and M. Dujon Johnson for the Housing Authority of Mason County. 4.1.5 Washington State Liquor and Cannabis Board sent in the following: liquor license renewal applications for Casey’s Bar and Grille Inc, Happy CJ Inc, Fraternal Order of Eagles, Somang Inc, Milakai Corp, The Fjord LLC, Olympia Local Foods LLC, Home Meat Service Inc, and Mason County Senior Activities; and cannabis license renewal applications for Hazy Daze Inc, Diamond Ace LLC, and Damn Good Bud LLC. 5. Open Forum for Citizen Input Tamra Ingwaldson, New Horizon Communities & Shelton Veterans Village, shared that she sent out invitations to the Commissioners to meet with Colleen Carmichael for coffee. 6. Adoption of Agenda Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the agenda as published. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 7. Approval of Minutes Cmmr. Neatherlin/Tarzwell moved and seconded to adopt the September 5, 2024 Delegation Meeting Minutes; December 2, December 9, December 16, 2024 and January 6, and January 13, 2025 Briefing Minutes; December 2, 2024 Special Meeting Minutes; and December 3, 2024 Regular Meeting Minutes as presented. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Funds Warrant # 8109984-8110307 $1,743,101.92 Direct Deposit Fund Warrant # 112787-113187 $1,008,846.55 2 | J a n u a r y 2 1 , 2 0 2 5 C o m m i s s i o n M i n u t e s Salary Clearing Fund Warrant # 7008616-7008653 $1,336,943.65 Treasurer Electronic Remittance $3,563,563.44 8.2 Approval to extend the warranty with Linev Systems US, Inc. for the body scanner machine at the Jail for the estimated amount of $15,500. 8.3 Approval for Corrections Technology Group (CTG) to upgrade and repair locks for the Jail for the estimated amount of $66,504. 8.4 Approval to upgrade the Jail security video storage archive to store sixty (60) days of video for an estimated cost of $20,160 through CTG to be compliant with Washington State retention rules. 8.5 Approval of the 2025 Memorandum of Agreement (MOA) Appendix A between Washington State University (WSU) Extension and Mason County in the amount of $99,836. 8.6 Approval of the Resolution setting a hearing date with the Hearings Examiner for Wednesday, February 26, 2025 at 1:00 p.m. via Zoom to consider public comment on Road Vacation no. 421. (Exhibit A, Resolution No. 2025-002) 8.7 Approval for Public Works to procure a paint striping truck from Mark Rite Lines Equipment Co., Inc. off of the Buy-Board contract for the estimated amount of $410,626 and approval for the County Engineer to sign the purchase agreement. 8.8 Approval of the Resolution setting the Chief Deputy Prosecuting Attorney position salary at 85% of that set for the Superior Court Judge by the Washington Citizens’ Commission on Salaries for Elected Officials. (Exhibit B, Resolution No. 2025-003) 8.9 Approval of the one-time use of $200,000 of Treatment Sales Tax (TST) funding from the available balance of more than $2 million and approval for the Public Health and Human Services Director to sign the contract with United We Care for implementation of a mental health support and professional intervention pilot program. 8.10 Approval of the Resolution setting a hearing date with the Hearings Examiner for Wednesday, February 26, 2025 at 1:00 p.m. via Zoom to consider public comment on Road Vacation no. 423. (Exhibit C, Resolution No. 2025-004) 8.11 Approval of the Resolution for County Road Project (CRP) 2060 Matlock Brady Road safety improvement project, CRP 2061 Cloquallum Road improvement projects, CRP 2062 Blevins Road Evergreen Estates Water Extension project, and CRP 2063 for the Maples Road gravel road conversion project; approval for the County Engineer to Request for Qualifications (RFQ) as needed for consultant services for the project(s) and to enter into contracts; and approval for the County Engineer and/or the Chair to sign all pertinent documents. (Exhibit D, Resolution No. 2025-005) 8.12 Approval for Public Works to purchase bridge structures for the Portman, Danny Walker, and Crisman Bridge maintenance projects located on Beeville Loop Road through the Washington State contract with the Department of Enterprise Services (DES). 8.13 Approval of the Resolution amending Resolution no. 2021-060 designating the Risk Manager to receive claims for damages served upon Mason County. (Exhibit E, Resolution No. 2025-006) 8.14 Approval of the Resolution amending Resolution no. 27-19 Mason County Code Chapter 2.46 for Mason County’s Americans with Disabilities Act (ADA) designating the Risk Manager as the ADA Coordinator. (Exhibit F, Resolution No. 2025-007) 8.15 Approval of the Resolution amending Resolution no. 2022-009 Washington Counties Risk Pool (WCRP) member county appointments and designations. (Exhibit G, Resolution No. 2025- 008) Cmmr. Neatherlin/Tarzwell moved and seconded to approve action items 8.1 through 8.15. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 9. Other Business (Department Heads and Elected Officials) Dan Teuteberg, WSU Director, shared that WSU is hiring for a 4-H Coordinator. Dan was approached by Hood Canal Communications (HCC) asking that the Broadband Action Team 3 | J a n u a r y 2 1 , 2 0 2 5 C o m m i s s i o n M i n u t e s (BAT) provide a letter of support on behalf of Mason County. Currently, Dan is Chair of BAT but is waiting for someone to take leadership to mobilize BAT in Mason County. Unfortunately, BAT is unable to issue a letter of support at this time. Mark Neary, County Administrator, was approached by Public Utility District No. 3 (PUD 3) regarding their application for the Broadband Equity Access and Deployment program through a federal grant allowing them to push broadband out to rural areas. The County has previously supported both PUD 3 and HCC through letters of support for grant funding similar to this. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider changes to the Countywide Planning Policies (CPP). Staff: Marissa Watson (Exhibit H, Ordinance No. 2025-009) Marissa shared Mason County is in the middle of a Comprehensive Plan Update. A draft of the Countywide Planning Policies was reviewed by County staff, state agencies, and tribes and contained revisions recommended by SCJ Alliance which were based on updates to the Growth Management Act (GMA), more concise and clear policy statements and inclusionary language. The Planning Advisory Commission (PAC) reviewed and discussed the CPP and reviewed comments from SCJ, staff, state, and tribes and no decisions were made. Many public comments were received by the Mason County Climate Justice group which received a grant from Washington State Department of Commerce for promoting public participation in local land use comprehensive planning. PAC also agreed to recommend the document as standalone deleting much of the background information which could find its way into the Introduction chapter or Chapter 2 which has community profile information and the vision statement. Cmmr. Neatherlin asked if Marissa felt confident about moving the CPP forward. Marissa is confident in the consultant and the draft. Cmmr. Tarzwell asked about the definition of climate justice. Marissa shared the climate element is mandated to be included through the state. Cmmr. Neatherlin/Tarzwell moved and seconded to approve the Ordinance amending the Countywide Planning Policies as a standalone document with the amendments presented in Attachment 1. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:44 a.m. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON 4 | J a n u a r y 2 1 , 2 0 2 5 C o m m i s s i o n M i n u t e s ____________________________ McKenzie Smith, Clerk of the Board _______________________________ Sharon Trask, Chair _______________________________ Pat Tarzwell, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 February 4, 2025 1. Call to Order – The Vice-Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Cmmr Tarzwell led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Pat Tarzwell; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Federal Energy Regulatory Commission sent in the following: Cushman No. 1 Development, Cushman Project – Dam Safety Surveillance and Monitoring Plan and Supporting Technical Information Document; Dam Safety Inspection Reports; Twelfth Consultant’s Safety Inspection Report; Debris Removal Ramp Project; and Gate Inspection Report for the Cushman and Cowlitz River Projects. 4.1.2 Washington State Liquor and Cannabis Board sent in the following: special occasion license for Mason County Search and Rescue and Karen Hilburn Cancer Fund, letter regarding cannabis excise tax disbursements, and notice of cannabis license application for 420 Growers and Processors LLC. 4.2 Marissa Watson read the Allyn Urban Growth Area (UGA) Community Input Meeting Reschedule news release. 5. Open Forum for Citizen Input Dean Jewett, Shelton, shared that a year ago he went on a field trip along the railroad tracks and worked with the Navy for trespassing orders. Dean recently went back to the railroad tracks and noticed a lot of garbage was still there even though no live camping was found. House Bill 1248 1255 talks about mandatory illegal camp cleanup in areas of churches, schools, waterways, and environmental areas. One five-gallon bucket of defecation can contaminate thirteen (13) acres of shellfish area. A coalition is needed between the County, City, and citizens groups to facilitate this cleanup. Dean also shared that Airbnb’s already have a lot of regulations and cautioned against more regulations. Andrea Hegland emailed a letter of support for an animal control program under the Auditor’s Office. 6. Adoption of Agenda Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 7. Approval of Minutes No minutes at this time. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8110308-8110601 $1,520,095.88 2 | F e b r u a r y 4 , 2 0 2 5 C o m m i s s i o n M i n u t e s Direct Deposit Fund Warrant # 113190-113593 $ 999,746.04 Salary Clearing Fund Warrant # 7008654-7008680 $ 677,685.38 8.2 Approval of the lead pay requests for Christ Pinkston from January 1, 2025 through January 31, 2025 and for Todd Cannon, Carl “Bud” Olson, and Tammi Wright from February 1, 2025 until management positions within those departments are filled. 8.3 Approval of the Acknowledgement of Receipt for the Treasurer’s 2024 Refund Report. 8.4 Approval of the Resolution to cancel uncollectible personal property taxes. (Exhibit A, Resolution No. 2025-010) 8.5 Approval for the Sheriff’s Office to convert a Deputy position to a Sergeant position to serve as the supervisor in the Administrative Division. 8.6 Approval of the Order of Sale allowing the Mason County Treasurer to schedule an online auction with Bid4Assets.com to sell certain Tax Title properties. 8.7 Approval of the Interlocal Agreement between Thurston-Mason Behavioral Health Administrative Service Organization (TMBH-ASO) and Mason County to allow TMBH-ASO to fund judicial services provided by Mason County for individuals detained due to behavioral health disorders at $817 per case not to exceed $175,000 for a period of January 1, 2025 through December 31, 2025. 8.8 Approval to create, post, and fill one full time equivalency (FTE) Maintenance II to a Maintenance III and fill one 0.5 FTE Seasonal Maintenance position within the Facilities Department. 8.9 Approval to extend the agreement with North Mason Little League for food and beverage concessions at Sandhill Park for one year expiring March 1, 2026. 8.10 Approval for Public Works to trade-in Solid Waste’s 2019 John Deere 135G Excavator for a $50,000 trade-in value and purchase a new John Deere 135 Excavator off of the Sourcewell joint cooperative purchasing contract # 011723-JDC with Pape Machinery for cost of $243,345.07 after trade-in. 8.11 Approval to accept a resignation in lieu of termination from Teri Myers effective June 14, 2023 and to approve the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of their employment. Cmmr. Trask/Neatherlin moved and seconded to approve action items 8.1 through 8.11. Motion carried unanimously. Neatherlin-aye; Tarzwell-aye; Trask-aye. 9. Other Business (Department Heads and Elected Officials) Lisa Frazier, Treasurer, property tax statements are at printers mailed out late this week first part of next week. Roll certified for collections, some funds collected. Tender letter of resignation July 1, 2025. Proud of years of service. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. No Public Hearing set for this time. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:24 a.m. 3 | F e b r u a r y 4 , 2 0 2 5 C o m m i s s i o n M i n u t e s ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Pat Tarzwell, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Special Finance Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 January 21, 2025 9:45 a.m. 1 | J a n u a r y 2 1 , 2 0 2 5 F i n a n c e C o m m i t t e e M e e t i n g 1. Call to Order – The Chairperson called the special meeting to order at 9:49 a.m. 2. County Finance Committee Balances Current Expense cash balance as of December 31, 2024 was $26,703,842.22; last year $26,497,166.39. Total reserves $7.9 million. Total cash and investments $270,384,728.45. 90-day T-Bill rate is 4.34%. Market rate yield agency/treasury 1.8%. 2024 investment interest collected $2,576,832.55. Bank of New York Mellon banking costs $6,451 for 2024; no costs are paid to Umpqua Bank. The County debt recap was provided, the current balance is $16,860,197.51. 3. Old Business a. Shetland Road, Road Improvement District (RID) The RID was created on August 13, 2024 contingent on Determination of Non-Significance (DNS) issued August 15, 2024. The easement conveyances are still underway, roadwork will not be completed until late spring/early summer 2025. The loan will be needed late 2025 after the final assessment roll hearing. Lisa added that two banks may be interested in financing the RID; however, because of the delay in construction the Treasurer’s Office will need to reach out again in 2025 to determine financing options. As of January 15, 2025 there are no new updates per Loretta Swanson. 4. New Business Steve Duenkel, Auditor, shared concerns about exceeding expenditures in 2025 and protecting against “dipping” into reserves. 5. Adjournment – the meeting adjourned at 10:03 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board ____________________________ Lisa Frazier, Finance Committee Chair BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Sharon Trask, Chair _______________________________ Pat Tarzwell, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 January 27, 2025 | Page 1 of 2 Week of January 27, 2025 Monday, January 27, 2025 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Tarzwell, and Trask met in closed session for labor negotiation from 9:00 a.m. to 9:35 a.m. Tim Whitehead, Christopher Pinkston, Cabot Dow, and Lindsey Smith were also in attendance. 9:30 A.M. Executive Session – RCW 42.30.110 (1)(i) Potential Litigation Commissioners Neatherlin, Tarzwell, and Trask met in executive session for potential litigation from 9:30 a.m. to 10:25 a.m. Michael Dorcy, Tim Whitehead, and Nichole Wilston were also in attendance. 10:00 A.M. Planning Advisory Commission Interview Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Commissioners interviewed Joel Galbraith for the Planning Advisory Commission (PAC). 10:10 A.M. Economic Development Council (EDC) – Kevin Shutty Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Kevin highlighted topics on the EDC staff, quarterly reports, the business retention and expansion program, connecting individuals to resources, the Small Business Administration workshop hosted in the fall and planned to host again on March 19 in Belfair, targeting enrollment in business startup courses, spending time in the community with business owners, housing and workforce development, internship program with Shelton High School, diversity and inclusion, the local Comprehensive Economic Development Strategy (CEDS) list, updating the CEDS process, small business outreach, and more. 10:40 A.M. Treasurer’s Office – Lisa Frazier Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Lisa shared the Acknowledgment of Receipt for the 2024 property tax refunds totaling $528,168.43. Approved to move forward. • Lisa discussed the Resolution to cancel “Uncollectible Personal Property Taxes” totaling $2,106.62. Approved to move forward. 10:50 A.M. Sheriff’s Office – Sheriff Spurling & Undersheriff Travis Adams Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Sheriff Spurling discussed the continuance of inmate outsourcing to the Nisqually Jail. As of January 15, increased minimum staffing has increased from three to four Corrections Officers per shift. This will bring the Jail near operational capacity and would necessitate the implementation of periodic booking restrictions. Chief Hanson added that there are still seven vacant positions. • Undersheriff Adams requested to convert a Deputy position to a Sergeant position to serve as the supervisor in the Administrative Division under Chief Beyer. The budget impact is approximately $25,678 annually. Approved to move forward. 11:00 A.M. Community Development – Kell Rowen Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Kell shared the quarterly update on SmartGov, permit appointments, average permit turn -around time, and the American Rescue Plan Act (ARPA) scanning project. • Marissa Watson shared the news release rescheduling the Allyn Urban Growth Area (UGA) community input meeting. Approved to move forward. 11:10 A.M. Central Services – McKenzie Smith Commissioners Neatherlin, Tarzwell, and Trask were in attendance. Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 January 27, 2025 | Page 2 of 2 • McKenzie shared the Order of Sale for 2025 Tax Title auction to sell parcels on Bid4Assets.com. If all parcels sold for the minimum bid (excluding listing and recording fees) the total would be $49,642.99. Approved to move forward. • McKenzie discussed having an active threat/shooter training in Building 1. This would need to be coordinated between the Assessor, Auditor, Commissioner, and Treasurer offices and include the “closure” of the building for either a half or full day. Approved to move forward. • McKenzie shared the City of Shelton Cross-Town Trail Project RAISE grant application letter of support that would be signed by the County Administrator. Approved to move forward. • McKenzie discussed moving the Mason County Law Enforcement Officers' and Firefighters' (LEOFF) Plan 1 Disability Board from Central Services to Human Resources. Tabled. • Jennifer Beierle shared the Thurston-Mason Behavioral Health Administrative Service Organization (TMBH-ASO) Interlocal Agreement (ILA) to fund judicial services provided by Mason County for individuals detained due to behavioral health disorders at $817 per case not to exceed $175,000 for a period of January 1, 2025 through December 31, 2025 . Approved to move forward. • Kelly Frazier requested to reclassify one full time equivalency (FTE) Maintenance II to a Maintenance III and post and fill one .5 FTE Seasonal Maintenance position within the Facilities Department. Approved to move forward. • John Taylor shared the North Mason Little League Concessions contract extension for the 2025-2026 season. Approved to move forward. • John discussed the Foothills Dog Park donation application regarding installing a 110’ concrete walkway and entrance area to the existing park and a 10’x10’ concrete pad within the main entrance of the enclosure. The budget impact is to be determined based on donation amount. Tabled. • Cmmr. Tarzwell discussed the Interlocal Agreement with the City of Bremerton regarding the creation of a special sewer district. Cmmr. Neatherlin answered that it would not create a standalone district, it is to allow the City of Bremerton to charge their own amounts to the public. 11:30 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Kevin Guijosa requested to trade-in Solid Waste’s 2019 John Deere 135G Excavator for a $50,000 trade-in value and purchase a new John Deere 135 Excavator off of the Sourcewell joint cooperative purchasing contract # 011723-JDC with Pape Machinery for cost of $243,345.07 after trade-in. Approved to move forward. • Cmmr. Neatherlin discussed the intersection in Belfair at McDonalds and a potential barrier, with the no left turn sign. Respectfully submitted, _________________________ McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 February 3, 2025 | Page 1 of 3 Week of February 3, 2025 Monday, February 3, 2025 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Tarzwell, and Trask met in closed session for labor negotiation from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier Christopher Pinkston, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Executive Session – RCW 42.30.110 (1)(i) Potential Litigation Commissioners Neatherlin, Tarzwell, and Trask met in executive session for potential litigation from 10:00 a.m. to 10:30 a.m. Michael Dorcy, Tim Whitehead, and Mark Neary were also in attendance. 10:30 A.M. Mason County Housing Authority – Becky Cronquist & George Blush Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Becky shared the Memorandum of Understanding (MOU) with Mason County Housing Authority (MCHA) for Public Health and Human Services staff to provide clerical services and meeting space for MCHA meetings. Approved to move forward. • Mark shared 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. This could be paid for a grant in 2025. Cmmr. Neatherlin suggested a two-year review. Approved to move forward. 10:50 A.M. Therapeutic Courts Presentation – Paddy McGuire Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Julie Hansen presented the Mason County Therapeutic Courts presentation. Topics included an introduction to Therapeutic Courts, what are Criminal Therapeutic Courts, entry to Therapeutic Court, Veterans Court, Drug Court, Mental Health Court, program expectations, compliance, benefits, Julie’s story, Family Recovery Court, Family Recovery Court team, program expectations, reunifications, and Susan’s story. 11:10 A.M. Indigent Defense – Peter Jones Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Peter discussed the updated analysis of Indigent Defense Standards (IDS) impact based on the 2024 caseload numbers and requested to amend the 2025 budget expenditure to remove the third Deputy I and Deputy III positions. Commissioners requested to leave the budget as is. • Peter shared the 2025 professional services contracts with Taschner Law Office, PLLC to serve as contracted Public Defense Attorney for District Court and for Superior Court. Approved to move forward. 11:15 A.M. Public Health – David Windom Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Dave discussed the all-staff training day for Public Health and Human Services on February 7, 2025. • Melissa Casey shared the Community Lifeline contract amendment to r e-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. Approved to move forward. • Cmmr. Trask shared there was discussion at a Washington State Association of Counties (WSAC) meeting regarding handing out sleeping bags, tents, etc. and asked Public Health to assist with finding funding for cleanup and moving this forward. 11:25 A.M. Central Services – Mark Neary Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • McKenzie Smith provided a 2024 Public Record Requests (PRR) recap. 693 PRRs were received and completed excluding the Sheriff’s Office. Staff spent 803.5 hours fulfilling these requests. • Todd Cannon provided the after-action review of the County-wide planned Cyber Threat Incident. Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 February 3, 2025 | Page 2 of 3 • Mark shared the Memorandum of Understanding (MOU) with the Superior Court Judges approving Extra-Help Juvenile Detention Officers to be compensated at one and one-half (1 ½) times for hours worked on holidays recognized in the Mason County Personnel Policy. Approved to move forward. • Kelly Frazier received a request from Karin Leaf at the Economic Development Council (EDC) asking to have the County flag on their flagpole. • Mark discussed scheduling an Elected Official/Department Head (EO-DH) meeting in March. Potential topics include budget and policies. • Cmmr. Neatherlin discussed giving deference to female-owned or minority-owned businesses when contracting and instead having a level playing field. • Commissioners discussed the Planning Advisory Commission (PAC) interviews and requested to appoint Joel Galbraith. • Commissioners discussed moving clerking the Law Enforcement Officers’ and Fire Fighters’ (LEOFF) Disability Board from Central Services to Human Resources. • Commissioners discussed the Interlocal Agreement with the City of Bremerton and Port of Bremerton and meeting with Squaxin Island Tribe to discuss. • Cmmr. Neatherlin shared that he met with an animal control group in Thurston County to provide animal control services and would like to bring the contract with them forward. • Cmmr. Trask discussed the previously approved IT Manager and Parks and Trail Manager positions. Commissioners agreed to wait to post the positions until after the first quarter budget results are presented. Potential funding from parks was also discussed. 9:00 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Tarzwell, and Trask were in attendance. • Richard Dickinson shared the Solid Waste free dump voucher news release. Vouchers must be used by October 31, 2025 and are limited to one voucher per resident. Approved to move forward. • Mike Collins shared the Road Levy Certification for 2025 through the County Road Administration Board’s (CRAB) reporting system (CARS). Approved to move forward. • Tina “Lovejoy” Schaefer discussed Road Vacation Order No. 422 and shared the Resolution setting a hearing date with the Hearings Examiner for Wednesday March 26, 2025, at 1:00 p.m. via Zoom to consider public comment. Approved to move forward. • Loretta shared that Hood Canal Communications (HCC) and Mason County Public Utility District (PUD) 3 have cameras that citizens can view to help assess weather and road conditions. • Loretta shared that Public Works is looking at the grants through the Department of Ecology regarding recycling, litter, and waste control. Commissioners requested Loretta let the Grant Writer know about these grants. Cmmr. Neatherlin suggested giving th e Grant Writer the directive to look at grants for the County’s nonprofits as well. • Loretta and Stephanie Buhrman briefly highlighted the 2024 Quarter 4 financials for Solid Waste. • Richard shared that after briefing the Commissioners on replacing the excavator, the boom broke. Thankfully staff were able to weld the boom back on and continue with the purchase of the new excavator. • Loretta added that she will be testifying on House Bill 1529 that was drafted by Representative Dan Griffey. Respectfully submitted, _________________________ McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Board of Mason County Commissioners’ Briefing Minutes Mason County Commission Chambers, 411 N 5th Street, Shelton, WA 98584 February 3, 2025 | Page 3 of 3 Sharon Trask, Pat Tarzwell, Randy Neatherlin, Chair Vice-Chair Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. 8.1 From: Ravyn Marshall Ext: 380 Department: Central Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date(s): February 18, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8110602-8111069 $ 2,923,480.19 Direct Deposit Fund Warrant #113594-114004 $ 975,489.58 Salary Clearing Fund Warrant #7008681-7008717 $ 1,294,679.95 Treasurer Electronic Remittance $ 1,588,060.18 Macecom 01.06.25 $ 264,049.63 Mental Health 01.10.25 $ 1,661.35 Dispute Resolution Surcharge 01.10.25 $ 1,130.00 Mason County Public Works Bond Princ 01.22.25 $ 991,525.00 Mason County Public Works Local Bond 01.22.25 $ -- Mason County Public Works BD Admin Fee 01.22.25 $ -- Reet 1/Debt Service 01.22.25 $ 235,058.00 MC LTGO Refunding BD INT 2020A 01.22.25 $ 0.00 MC LTGO Refunding BD PRIN 2020A 01.22.25 $ 0.00 MC LTGO Refunding BD INT 2020A 01.22.25 $ 0.00 $ 0.00 Mason County Landfill (Brink’s) 01.17.25 $ 1,422.20 Reet 1/Debt Service 01.22.25 $ 30,000.00 Current Expense 01.22.25 $ 63,214.00 Mason CO LTGO 2013 B (Jail) Admin Fees 01.22.25 $ 0.00 Mason CO LTGO 2013 B (Jail) 01.22.25 $ 0.00 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 6,186,677.99 Direct Deposit YTD total $ 2,984,082.17 Salary Clearing YTD total $ 3,309,308.98 Treasurer Remittance YTD total $ 5,151,623.62 Budget Impact (amount, funding source, budget amendment, etc.): See above. Public Outreach: N/A Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachment(s): Originals on file with Financial Services and the Treasurer’s Office; copies on file with the Clerk of the Board 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): February 18, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ IT ☐ Risk ☐ Other (This is the responsibility of the requesting Department) Item: Planning Advisory Commission Appointment Background/Executive Summary: The Mason County Planning Advisory Commission (PAC) is a seven-member citizen board appointed to advise the Board of Commissioners on policy related to the County Comprehensive Plan and on land use issues. The Planning Advisory Commission members help set the long-term direction or vision for the community’s future. The Commission considers and makes recommendations on issues such as amendments to the Mason County Comprehensive Plan, Shoreline Master Program, and land use regulation. At this time there is one at-large position open. Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: News Release Requested Action: Approval to appoint Joel Galbraith to the Planning Advisory Commission (PAC) for a four-year term expiring February 18, 2029. Attachment(s): Letter MASON COUNTY BOARD OF COMMISSIONERS 1ST District RANDY NEATHERLIN 2nd District PAT TARZWELL 3rd District SHARON TRASK Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 (360) 427-9670 ext. 419 Fax (360) 427-8437 February 18, 2025 Joel Galbraith 17290 E State Route 3 Allyn, WA 98524 Dear Joel, We are pleased to announce that we have appointed you to serve on the Mason County Planning Advisory Commission to fill an unexpired term ending February 18, 2025. Mariah Frazier is the staff contact and will provide you with meeting information. If you need to contact her, please call (360) 427-9670 ext. 365 or email her at mfrazier@masoncountywa.gov. The link to the Mason County Planning Advisory Commission website can be found at https://www.masoncountywa.gov/ac/planning-commission/index.php. The Planning Advisory Commission normally meets the 3rd Monday of each month at 6 p.m. in the Commission Chambers in Building 1. The Mason County Boards and Commissions Handbook can be found at: https://masoncountywa.gov/forms/advisory/boards_commissions_handbook.pdf As a Board member, we ask that you become familiar with the Open Public Meetings Act (OPMA) and the Public Records Act (PRA). Our Advisory Boards are subject to these regulations. The link to the online training can be found at http://www.atg.wa.gov/open-government-training. Please view Lessons 2 and 3 as soon as you are able. Once you have viewed these trainings, please contact Mariah Frazier for documentation purposes. We appreciate your willingness to serve on the important board and are certain you will provide valuable input. Thank you for your service to our community, ___________________ Sharon Trask, Chair ___________________ Pat Tarzwell, Vice-Chair ___________________ Randy Neatherlin, Commissioner 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 ☒ 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 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 1 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. 2 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 3 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: 4 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: 5 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: 6 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@co.mason.wa.us 7 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. 8 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. 9 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. 10 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: _____________________________ 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 1 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. 2 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 3 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: 4 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: 5 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: 6 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@co.mason.wa.us 7 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. 8 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. 9 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. 10 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: 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 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 17th, 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 1 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 Budget 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 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 1a 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, 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 7th, 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 Funding Amount Status as of 1/29/25 Policies and Procedures that demonstrate night-by-night shelter operations for the current capacity of 35 beds and operate a notification system for key community partners on bed availability, referral process, and check-in protocol, as outlined in the Scope of Work. 1. Complies with CL FY24-25.2163 Exhibit A Scope of Services (pages 15-18) 2. Complies with Guidelines for the Consolidated Homeless Grant (refer to pages 7-8: 1.4.1.1.1 Drop-in Shelter and 1.4.1.1.2 Continuous-stay Shelter) 3. Submitted Policies & Procedures are final, Board- approved, and include a timeline for training staff to ensure these P&P are implemented, maintained, and communicated to community partners. 10% or $4,086.03 Have not received final P&P A hazardous weather response plan with the ability to respond to community needs 1. Submitted Policies & Procedures are final, Board- approved, and include a timeline for training staff to ensure these P&P are implemented and maintained. 10% or $4,086.03 Have not received 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 weather, as outlined in the Scope of Work. 2. Work with the City of Shelton for increased capacity accommodations during emergency situation and/or declarations. Deliverables from previous contracts (#20- 054, #20-094, and #21-057) Criteria to Restore Funding Funding Amount Status as of 1/29/25 Community Lifeline shall adhere to previous contract awards to increase bed capacity. As such, Community Lifeline will continue 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. Community Lifeline did not fulfill this condition by June 30, 2023 as outlined in CL:Shelter Program Amendment #3 executed 4/11/23. Funding amount may be restored upon successful outcome (i.e., bed capacity is increased) and/or appeal of CUP application submitted 9/13/23. 10% or $4,086.03 COMPLETE Letter from the City of Shelton confirmed expansion of capacity to 54 beds effective December 17, 2024 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 1st 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 correct ion 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 1st 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 9/30/24 Date Topics Recurring Check-in Meetings (Board Chair*, shelter/admin staff, board members, City of Shelton, independent consultants) *New Board Chair effective January 1, 2024 8/5/24 • Invoice errors • Re-Allocation Action Plan – P&P • Hearings Examiner’s Report (CUP) • Bed Bugs 7/8/24 • Invoice errors • Re-Allocation Action Plan – P&P • Hearings Examiner’s Report (CUP) • Bed Bugs 6/10/24 • Invoice errors • Re-Allocation Action Plan – P&P • Hearings Examiner’s Report (CUP) • Bed Bugs • 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 4/22/24 • Budget, remaining funds, overnight staffing • Case management (HUD grant), training needs • 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 → Amendment #2 2/26/24 • CUP o General Terms & Conditions o P&P o Certificate of Occupancy • Invoice errors • Next Steps o Melissa’s maternity leave o Ongoing technical assistance o Restoration of reduced funding 1/24/24 • Follow-up: Action Plan o P&P o Invoice errors • 501 Commons • Homeless Response System Expectations (communication, by-name meetings) • 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 12/5/23 • Onboarded new Board Chair – Erin Martinache o Re-Allocation Action Plan – P&P o Action Plan Status Review o P&P Workshop overview Presentations to Community Lifeline Board 9/20/23 • Probation Status – repeated invoice errors • Deliverables from previous contracts - CUP 4/19/23 • Overview of Federal, State, & Local Funding • SPG & 2163 Contracts • CAN & QIP 2/15/23 • Shelter Program Grant (SPG) & 2163 Contract Review • Conditional Use Permit • Corrective Action Notice (CAN) & Quality Improvement Plan (QIP) • Messaging to the community re: funding • Impact on the community Education & Resource Coordination – Bed Bugs December 2023 • 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 shared with behavioral health outreach teams conducting outreach to 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. 10/19/22 • In response to community reports of bed bugs in the shelter, shared Washington DOH & Zoonotic Disease Program contacts/educational information with Executive Director. No further technical assistance requested. 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 ☒ Legal ☐ IT ☒ 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 ½) 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 ½) times for hours worked on holidays recognized in the Mason County Personnel Policy. Attachment(s): MOU Extra-Help Juvenile Detention Holiday Pay 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 Background/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 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 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 Deputy Director/County Engineer Ext: 456 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 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 right s 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 1 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 McIrvin, 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. 2 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 C” 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 LEGAL DESCRIPTION EXHIBIT A PETITION - EXHIBIT B PETITION - EXHIBIT B PETITION - EXHIBIT B PETITION - EXHIBIT B PETITION - EXHIBIT B PETITION - EXHIBIT B Survey Map - EXHIBIT C 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 mfrazier@co.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@co.mason.wa.us or call (360) 427-9670 Ext 365 for Zoom information. DATED this _____ day of ________________, 2025. ATTEST: __________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Ch. DPA Assessor Auditor 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) BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ Sharon Trask, Chair __________________________________ Pat Tarzwell, Vice Chair _________________________________ Randy Neatherlin, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Lovejoy Schaefer, Right of Way Agent Senior, on behalf of Mike Collins, PLS, PE Deputy Director/County Engineer Ext. 450 Department: Public Works Briefing: ☒ Public Hearing: ☐ Action Agenda: ☒ Special Meeting: ☐ Briefing Date(s): February 10, 2025 Agenda Date: February 18, 2025 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Road Vacation No. 420 –Hearings Examiner Recommendation Vacate all that portion of Wildwood, Bay, Brook, Canal, Park Streets, and Sixth Ave, lying within, AND Fifth and Seventh Avenue, adjacent to, Resultant Parcel 1 of Boundary Line Agreement recorded June 22, 2020, under Auditor’s File No. 2132998 and Survey recorded June 11, 2020, under Auditor's File No. 2132272 in Volume 47 of surveys, pages 228-229, all within the plat of Lakewood Plat “F”, recorded in Volume 3 of plats, page 25, records of Mason County, Washington in Section 13, Township 22 North, Range 2, West. Fifth, Sixth, and Seventh Avenue appear on the above mentioned survey as streets instead of avenues as dedicated on the Plat of Lakewood Plat “F”, recorded in Volume 3 of plats, page 25. Background/Executive Summary: The Mason County Hearing Examiner held a hearing on Wednesday December 11, 2024, at 1:00pm via zoom. This hearing was to consider vacating the above mentioned streets and avenues in the plat of Lakewood Plat “F”, as recorded in Volume 3 of plats, page 25, as dedicated on February 6, 1913, in Mason County, Washington, as requested by Peggy Merriam. The Hearing Examiner issued his Findings of Fact, Conclusions of Law and Recommendation on December 26, 2024, recommending approval of the proposed vacation with the following conditions. 1. The petitioner must pay compensation to the County in the amount of $19,815.60. 2. The vacated area will still be subject to existing easements for ingress and egress, and any existing public utilities, and access to maintain these utilities must be maintained or for any other purpose, if any. Budget Impact (amount, funding source, budget amendment): The required administrative fee of $1,000 has been paid. The road is classified as “Class A” per RCW 36.87.120 & MCC 12.20.040, 12.20.050, & 12.20.060, compensation is fifty percent (50%) of appraised value. The square footage adjacent to Parcel # 22213-11-60030 is 198,155.95 sq ft, and the cost per square foot is $0.20. The compensation due in the amount of $19,815.60 has been paid. Public Outreach (news release, community meeting, etc.): 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. Mason County Agenda Request Form Requested Action: Requesting the Mason County Board of Commissioners accept the recommendation of the Hearing Examiner and grant the vacation of the right-of-way as petitioned, subject to the conditions contained in the Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner for Road Vacation No. 420. Attachments: 1. Hearing Examiner's Findings of Fact, Conclusions of Law and Recommendation 2. Order of Vacation Road Vacation p. 1 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR MASON COUNTY Phil Olbrechts, Hearing Examiner RE: Road Vacation No. 420 Petition for a Road Vacation FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION SUMMARY Peggy Merriam requests the vacation of rights of way that adjoins her property in the Lakewood Plat subdivision. It is recommended that the County Commissioners approve the vacation. The Engineer’s Report, Ex. 1, notes that the vacation area was dedicated as a County road in 1913 and that the County has no record of any of these internal subdivision roads ever being opened. This area has never functioned as an open roadway. The County staff stated the road areas are not deemed necessary for future use by the County in its road system. The parcels adjoining the vacation area are served by other private roads or private access easements and would not become landlocked by the proposed vacation. No other lots would become landlocked as well. TESTIMONY A computer-generated transcript has been prepared of the appeal hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. Since the transcript is computer generated, it is not 100% accurate, but does provide a useful indication of what testimony was presented during the hearing. EXHIBITS The October 10, 2024 Engineer’s Report – Road Vacation File No. 420 was admitted as Exhibit 1 during the December 11, 2024 hearing along with its three attachments as listed on Page 2 of the report. FINDINGS OF FACT Procedural: Road Vacation p. 2 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • Hearing. A virtual hearing on the petition for vacation was held on December 11, 2024 at 1:00 pm via Zoom. Substantive: 2. Site/Proposal Description. Peggy Merriam requests the vacation of rights of way that adjoin her property. Peggy Merriam, the petitioner, owns parcel # 22213-11-60030, being Resultant Parcel 1 of Boundary Line Adjustment pursuant to RCW 58.04.007 recorded June 22, 2020, under Auditor’s File No. 2132998, which is adjacent to and lying within the following proposed road vacations. The request is to vacate all those portions of Wildwood, Bay, Brook, Canal, Park Streets, and Sixth Ave, lying within, and Fifth and Seventh Avenue1, adjacent to, Resultant Parcel 1 of Boundary Line Agreement recorded June 22, 2020, under Auditor’s File No. 2132998 and Survey recorded June 11, 2020, under Auditor's File No. 2132272 in Volume 47 of surveys, pages 228-229, all within the plat of Lakewood Plat “F”, recorded in Volume 2 of plats, page 25, records of Mason County, Washington in Section 13, Township 22 North, Range 2, West. (See Ex. A and B.) The roads to the South within parcel #22213-11-00010, were vacated under Road Vacation # 401, recorded January 7, 2021, under Auditor’s File No. 2147711. This was done subject to any existing private easements and with a stipulation of recording ingress/egress easements in gross running with the land. The parcel to the south currently has access from the south. The requested streets proposed for vacation are unopened rights of way that have never been maintained. The streets were dedicated to the public on February 6, 1913, when Lakewood Plat “F” was originally platted. The roadways are classified as Class A roadways. 3. Utility of Vacation Area. The engineering report (Ex. 1) identifies that the roads are Class A roads for which no public expenditures have been made since the dedication in 1913. The roads are not presently used as public roadways. As noted in the engineer’s report, Public Works staff have determined that the proposed vacation area is not necessary for future use in the County’s road system. No lots will be landlocked as a result of the proposal. The area proposed for vacation has no utility to the County. 4. Petition Includes Majority of Abutting Owners. As shown in Ex. B, the petitioners own the majority of the areas abutting the vacation area. There is one private roadway easement that will remain. 1 Fifth, Sixth, and Seventh Avenue appear on the survey as streets instead of avenues as dedicated on the Plat of Lakewood Plat “F”, recorded in Volume 2 of plats, page 25. Road Vacation p. 3 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner with the authority to review road vacation applications and make a recommendation to the Mason County Board of County Commissioners. Substantive: 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. MCC 12.20.010: County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation the receipt of just compensation from the person or persons benefiting from the vacation. RCW 36.87.020: Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same or any portion thereof. The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment. The legislative authority may: (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall be charged; or (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. RCW 36.87.060: If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the requirements of the statutes and ordinances quoted above. The petitioners own the majority of the abutting property to the vacation area as determined in Finding of Fact No. 4 and required by RCW 36.87.020. Road Vacation p. 4 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 As determined in Finding of Fact No. 3, the vacation area is not currently useful as a part of the county road system as required by RCW 36.87.060. MCC 12.20.040: For the purpose of vacating county roads, all roads shall be classified as follows: (1) Class A. All roads for which the right-of-way is an easement. (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full fair market value of the fee simple estate. (3)Class C. All roads that meet RCW 36.87.090 requirements. 4. Vacation Area Qualifies as Class A Road. As outlined in the Summary and Finding of Fact No. 2, the right of ways subject to the requested vacation are Class A roads. MCC 12.20.050: Any person or persons desiring to have any portion of any county road vacated shall be required by the Mason County board of county commissioners as a condition precedent to the vacation to pay the county prior to the vacation. The compensation rates include those rates set forth in Section 12.20.060, if any, and the administration fee set forth in Section 12.20.080. 5. Required Administrative Fees Paid. The engineer’s report identifies that the petitioners have paid the required $1000 administration fee. Compensation for the right of way is required as concluded in Conclusion of Law No. 6. MCC 12.20.060: The county shall require, as a condition precedent to the vacation of roads or portions thereof within the classifications set forth in Section 12.20.040, that persons benefitting from the vacation thereof compensate Mason County as set forth in the following schedule: (1) Class A Roads. Fifty percent of the appraised value. (2) Class B Roads. One hundred percent of the appraised value. (3) Class C Roads. No compensation other than for the administrative fee of the vacation action. At no time will the compensation for Class A or B roads be reimbursed less than the county originally paid for the property. 6. Compensation Required. As previously noted, the vacation areas are classified as “Class A” roads. Per RCW 36.87.120 & MCC 12.20.040, 12.20.050 and 12.20.060, the applicant is required to pay compensation in the amount of 50% of the appraised value. According to the Engineer’s report, the square footage of the roads requested for vacation is 198,155.95sf. The cost per square foot of the adjacent right of ways is $0.20. The Engineer’s report states compensation amount due for the multiple right of way vacation is $19,815.60. Road Vacation p. 5 Recommendation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a payment of one thousand dollars to cover all administrative costs regardless of the county's approval of vacation. Said administrative costs shall include the costs of the hearing examiner in holding the public hearing and reporting recommendations to the board of county commissioners. 7. Required Deposit Paid. The engineer’s report identifies that petitioners have paid the required $1,000 deposit. RECOMMENDATION It is recommended that the Board of Commissioners approve the proposed vacation subject to the following conditions. 1. The petitioner must pay compensation to the County in the amount of $19,815.60. 2. The vacated area will still be subject to existing easements for ingress and egress, and any existing public utilities, and access to maintain these utilities must be maintained or for any other purpose, if any. DATED this 26th day of December, 2024. Phil Olbrechts Mason County Hearing Examiner Page 1 of 7 Appendix A Road Vacation #420 December 11, 2024 Hearing Transcript Note: This is a computer-generated transcript provided for informational purposes only. The reader should not take this document as 100% accurate or take offense at errors created by the limitations of the programming in transcribing speech. For those in need of an accurate rendition of the hearing testimony, a hearing recording can be acquired at the Mason County Department of Community Development. Speaker 1 (00:03): Recording in progress. Speaker 2 (00:06): Okay, perfect. Alright, good afternoon everybody. My name is Phil Olbrechts. I'm the hearing examiner for Mason County. For the record, it's December 11th, 2024, 1:00 PM today holding a couple hearings. The first one will be on a road vacation for road vacation file number 420. Then after that we'll be holding a public hearing on a performance subdivision. So the hearing format will be the same in both hearings, which is, we'll start off with a presentation from staff. I take it. Ms. Schafer, are you going to be doing the presentation today? Speaker 1 (00:40): Yes, I will. Speaker 2 (00:40): Okay, perfect. Alright, after Ms. Schafer's done the petitioners, if they want to say anything can add something, then we'll move on to the reason for the hearing, which is public comment. If anyone is out there to comment on it after public comments, we go back to Ms. Schafer and then petitioners get final words. So I guess let's just get started. Let me get the exhibits into the record first off, and I'm going to share my screen here real quick. Let's see here. I think that's the one a little trouble seeing. I have little tiny screens in front of me, but should be Ms. Frazier. Do you see the staff report for 420? I think that's it, Speaker 1 (01:20): Yes. Speaker 2 (01:21): Okay. Alright. So you can see there on page two, including the staff report, we have the petition and aerial map of the vacation site and then legal descriptions just at this point, want to ask if anyone has any objections to entry of those documents in the record. If you're participating virtually, just click on the virtual yellow hand at the bottom of your screen. If you're in the meeting room, just tell Ms. Frazier there that you want to see these documents or object to them. And I'm not seeing any taker, so I'll go Page 2 of 7 ahead and admit the staff report and the petitions. And Ms. Shaffer, let me swear in, just raise your right hand. Do you swear affirm to tell the truth, nothing but the truth in this proceeding? Speaker 3 (01:57): I do. Speaker 2 (01:57): Okay, great. Go ahead. Speaker 3 (02:02): This is for road vacation number 420. It is proposing to vacate all those portions of Wildwood Bay Brook Canal, park Streets and Sixth Avenue line within and fifth and seventh Avenue adjacent to result in parcel. One of the boundary line adjustment recorded June 22nd, 2020. Under auditor's file number 2 1 3 2 9 9 8 and the survey recorded under auditor's file number 2 1 3 2 2 7 2 recorded in volume 47 of the surveys, pages 2 28 and 2 29, all within the plat of Lakewood Plat F recorded in volume two of plats. Page 25, records of Mason County Washington in Section 13 Township 22 North Range two West and fifth, sixth and seventh Avenue appear on the above-mentioned survey as streets instead of avenues as dedicated in of Lakewood Plat F. So Peggy Merriam is the owner of parcel number 2 2 2 1 3 dash 11 dash 6 0 0 3 and has petitioned for the vacation of all those roads within the plat Lakewood Plat F. (03:24): The requested streets are unopened right-of-ways that have never been maintained. There isn't any record that they've ever opened. The streets were dedicated to the public on February 6th, 1913 when liquid Plat F was originally platted vacating, this would create more usable area for the property owner and public work sees no value in opening the proposed vacation area at any point in the future. The roads to the south within parcel number 2 2 2 13 dash one dash 0 1 0 were vacated under road vacation number 4 0 1, which was recorded January 7th, 2021. Under OTs file number 2 1 4 7 7 1 1 to the parcel to the south, this was done subject to any existing private easements and it was also done with a stipulation of recording ingress, egress easements and gross running with the property. So the parcel to the south currently has access from the south and after the staff has reviewed this, the roads are unopened. They're not presently used by the public. They are classified as a Class A, which according to statute, the compensation is 50% of the appraisal value. The square footage of the roads totals 198155.95 and the cost per square foot is 20 cents. So the compensation amount due if it's approved, is $19,815 and 60 cents. And again, we don't deem it necessary for future use. (05:21): And the petitioner has paid the required administrative fee of a thousand dollars. So the other compensation amount of the $19,815 and 60 cents would be due prior to the approval. Everything has been put out, notices have been put out required by the statute. Public work recommends the vacation of those portions of Wildwood Bay, Brook Canal, park Street, and Sixth Avenue line within and fifth and seventh Avenue adjacent to Peggy Merriam's parcel. The vacated area will still be subject to existing easements for ingress, egress or other purposes, if any, in accordance with the statute and retaining an easement in favor of Mesa County for any utilities present in the vacated Right ofs, any questions? Speaker 2 (06:16): Yeah, so I'm going to share my screen I guess here a sec. Okay. Just showing the aerial there. That shows the lot lines and there's reference in the documents to a lot line adjustment. Do you know have all the Page 3 of 7 lot lines within the parcel with the blue boundaries, the vacation side, have they all been subject to a lot line adjustment such that this is only one lot as opposed to the several shown in gray there? Speaker 3 (06:48): The boundary line adjustment was done for the very north part where it states the top, the Wildwood Street, you see the little square that comes down on that north Speaker 2 (06:58): Line. Oh, I see. Speaker 3 (07:00): That's what the BLA was Speaker 2 (07:01): Concerning Speaker 3 (07:03): With the parcel to the north. Speaker 2 (07:06): Okay. Because it is common misunderstanding is that the assessor parcel boundaries are the same as legal lot lines. They're not. I mean if this was plotted as you said in 1913 and there's never been a lot line adjustment that eliminated those lot lines, those are all still separate lots. And so I mean my concern is that the owner could still sell these separately. So will each of these lots in here still have access if they're sold separately? Speaker 3 (07:36): I'm trying to remember. I think that was one of 'em where see that parcel to the south where they did that road vacation, those, they were vacated previously, but yet the streets weren't vacated. And this is way back, I don't remember the exact timeframe at the moment, but they were returned to acreage at that time. And I want to say I believe Mrs. Marion's parcel is the same way on there. Speaker 2 (08:12): Okay. Yeah, because otherwise what happens if those lots haven't been consolidated is that once the streets are vacated, the lot lines set at the middle of the vacated area. So you still have individual lots, it's just that the lot boundaries are extended to the middle there and you'll still have what you got six lots in there that are separate. And so like I said, I just wanted to make sure that we still have access to all those lots if they indeed haven't been consolidated and I could make that a condition, A recommended condition of review is just to make sure that the lots have been combined at some point so that that's not a problem before it goes to the county commissioners. Speaker 3 (08:57): I do believe they were because her legal description is completely acreage. Speaker 2 (09:03): Page 4 of 7 Okay. Speaker 3 (09:03): There isn't any, Speaker 2 (09:06): I Speaker 3 (09:06): Mean yes, it's still in Lakewood Plat F, but the lots themselves were Speaker 2 (09:11): Okay. Okay, yeah, I'll take a close look at that. Yeah. Speaker 3 (09:14): Alright. The streets were not. Speaker 2 (09:16): Okay, sounds good. Okay. Alright, well let's move on to the petitioners. Did the petitioners want to add anything at this point? Oh, and you're muted. Can Speaker 4 (09:25): I, your Honor, Speaker 2 (09:26): Let me swear in real quick, just raise your right hand. You swear affirm 'em to tell the truth, nothing but the truth in this proceeding. Speaker 4 (09:32): I do, your Speaker 2 (09:33): Honor. And you're Mr. Zandel, is that correct? Speaker 4 (09:35): That's correct, Speaker 2 (09:36): Your Honor. Okay, great. Speaker 4 (09:36): Trevor Zandel for the petitioner. Page 5 of 7 Speaker 2 (09:38): Right. Great. Speaker 4 (09:38): Peggy Miriam, my client's also on Zoom as well. I did not have anything to add except we wanted to let you know that we were here to potentially address any opposition that may come up, although that's not expected. Speaker 2 (09:51): Okay. Okay. And do you have any information about my inquiries about whether those old lot lines from 1913 have been merged? Because like I said, an assessor combination isn't the same as a lot line adjustment that removes the lot lines. They'd still be there even if the assessor considers it one lot. So I was just kind of curious if you had any information on that. Speaker 4 (10:12): I haven't seen the consolidation, but my understanding is the same as Ms. Schafer's that there was a consolidation given that the legal description is of this one lot without these various different boundaries that you're seeing. Speaker 2 (10:24): Okay. Okay. Sounds good. Alright, well let's move on to public, see if there is any public opposition out there. We usually don't get much on vacation requests, but note takers out there. Mr. Visi, I see your hands up. He's a planner for the county, but lemme swear you in real quick. Do you swear affirm tell the truth, nothing about the truth in this proceeding? Speaker 5 (10:44): I do. Speaker 2 (10:44): Okay, great. Yeah, go ahead. Speaker 5 (10:46): Just because I'm here and can comment on this, the planner in the county who reviews boundary line adjustments, I could say there was a boundary line agreement. So that's the state's process that was probably one of the auditor files referenced by Ms. Schafer earlier was recorded on June 11th, 2020. And that boundary line agreement, the way that I would interpret it is that it consolidated the hundreds of lots that were there previously into one single parcel. Nice. And that's kind of confirmed with what the applicant and Ms. Shafer had said. It specifically says on their legal description, resultant parcels one and two. So resultant parcel one is up north, it has the little jog, the square cutout and then resultant parcel two or Yeah, the other resultant parcel is this big shape that has the square cutout. Speaker 2 (11:48): I Speaker 5 (11:48): Page 6 of 7 Don't really know how to describe it, but that's the way that I would interpret that Speaker 2 (11:52): Recorded Speaker 5 (11:53): Boundary line agreement is that it did consolidate all of these lots into one. It's just calling it one result and parcel. Speaker 2 (11:59): Okay, sounds good. Yeah, that probably solves that issue. So perfect. Thanks Mr. Visi. Alright, anybody else out there want to say anything? If you do, just click on, like I said, the virtual hand at the bottom of your screen and we'll recognize you. Let's see, I'm looking through the list, don't see any takers, so I think we're home free there. So at this point, unless anyone else needs to say anything, I'll go ahead and close the hearing and yeah, of course. Oh, I'm sorry Mr. Schaeffer, one question. So where is the access to the parcel then? I mean can you kind of describe what street it is and I'll share my screen to simplify that a little bit? Yeah, I just wasn't quite sure where the access road was going to be located. Speaker 3 (12:40): That little jog on the north line, there's a private road, they have an easement through, so up there by Wildwood Street. Speaker 1 (12:48): Okay. Speaker 3 (12:51): It goes through someone else's parcel, but it's a private easement that they use Speaker 2 (12:55): Through Speaker 3 (12:55): A private road. It's on the north, Speaker 2 (12:58): It's on the north. Is that under the other lot that was subject to that boundary agreement or, I'm just trying to get a sense. Yes. Oh it is. It goes through there, Speaker 1 (13:06): Yes. Speaker 2 (13:06): Okay. Okay, gotcha. Okay, perfect. Okay, I think with that information then I'll go ahead, unless anyone else wanted to make a comment, close the hearing and I'll recommend approval. I'll double check into Page 7 of 7 the lot line issue if it looks like further investigation is necessary, I'll just note that and staff can do that in time for the county commissioner review. But it looks pretty straightforward and there shouldn't be any problems I don't think. So we'll get that out as soon as possible so that commissioners can go ahead and likely approve it as well. So alright, thanks all for your participation on this one. I think we're done with the road vacation file number four 20, get that recommendation out in the next couple weeks. This point, we'll move on now to the performance lot subdivision application. Those of you who are here on the road vacation, you don't have to stay on unless you really love watching public hearings. But otherwise certainly free to go. Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Loretta Swanson, Director Ext: 769 Department: Public Works Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): February 10, 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: Flood Control Assistance Account Program (FCAAP) Background/Executive Summary: The Flood Control Assistance Account Program (FCAAP) grant provides financial support to counties for flood hazard management and mitigation projects. The grant application period for planning projects is open from January 2025 to February 2025, with funding available from July 1, 2025, to June 30, 2027. Public Works proposes to update the Skokomish Comprehensive Flood Hazard Management Plan with grant funding. Budget Impact: For the current biennium, the FCAAP offers a maximum award of $500,000 per county for planning projects, with a required 25% local match. Match can be met in one of three ways: 1. Cash contribution 2. In-Kind Other contributions (such as staff time or other resources) 3. In-kind interlocal contributions (e.g., from neighboring jurisdictions or organizations). This project is not in the adopted budget or work plan for 2025 so work would likely begin in 2026 and last for 1.5 years. Cash or in-kind commitment of $75,000 would need to be in the 2026 and 2027 budgets and work plans, assuming a $300,000 project total. Public Outreach: If awarded this project would have a considerable public outreach component. Requested Action: Requesting the Board of County Commissioners authorize Public Works to apply for the Flood Control Assistance Account Program grant in the amount of $300,000 ($75,000 local match and $225,000 grant award). If awarded, authorize the Chair to sign the funded grant agreement and proceed with the project. Attachment(s): Notice of Intent to Apply Flood control assistance account program (FCAAP) The Washington Legislature established the Flood Control Assistance Account Program (FCAAP) in 1984 to assist local governments and Tribes develop comprehensive floodplain management plans and put actions and projects in place to mitigate local flood hazards. Eligible projects include: • Developing and writing or updating a comprehensive flood hazard management plan. • Feasibility, mapping, and technical studies. • Permitting work. • Community, Tribal, and stakeholder outreach & engagement efforts. • Public flood risk communications. • Match for federal projects. • Emergency flood response and recovery work. Funding cycle • Amount of funding available: Approximately $1.5 million for all projects. • Grant award limit: There is a $500,000 limit per county. • Amount of matching funds required: 25% for planning projects and 20% for emergency flood response projects. • Applications for planning projects in the 2025-2027 funding cycle open Jan. 1, 2025. Notice of Intent to Apply due December 31, 2024. • Emergency project applications are currently being accepted. • Applications for 2023-2025 emergency projects are being accepted through June 30, 2025, on a case-by-case basis and until all funds have been awarded. 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 10, 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: Designation of Associate Development Organization (ADO) for Mason County Background/Executive Summary: The Washington State Department of Commerce biannually requests a letter designating an Associate Development Organization to increase the support for and coordination of community and economic development services in communities. The broad role of an ADO is advocacy and leadership, serving as the point of contact for local economic activities, recruiting/hosting new businesses, and coordinating business retention and expansion efforts within its service area. The ADO serves as the principal contact for Commerce regarding economic activity in their area. ADOs help Commerce gather data about community profiles, industrial sites, plans for business development and retention, reports on business activities, and proposals for other economic activities. The Mason County Economic Development Council (EDC) has served as Mason County’s ADO for several years. Budget Impact (amount, funding source, budget amendment, etc.): Any required match is paid from .09 Rural Sales Tax. Public Outreach: N/A Requested Action: Approval to designate the Mason County Economic Development Council as Mason County’s Associate Development Organization (ADO) for the 2025-2027 Biennium. Attachment(s): ADO Designation Form STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  360-725-4000 www.commerce.wa.gov January 13, 2025 The Honorable Randy Neatherlin, Chair Mason County Board of Commissioners 411 N 5th Street Shelton, WA 98584 Dear Commissioner Neatherlin: Every two years, the Department of Commerce begins the process of contracting with Associate Development Organizations (ADOs) by sending a letter to the Board of County Commissioners or County Executive in each county requesting designation of an ADO. Commerce is directed by RCW 43.330.080 to contract with county-designated ADOs to increase the support for and coordination of community and economic development services in communities or regional areas. As part of the contracting process, please complete the enclosed ADO Certification/Designation Form for the 2025-2027 Biennium, returning to Commerce by April 15, 2025. Your county can choose to re- designate the current ADO or make a new designation. Please see the enclosed Eligibility and Designation Guidelines. Thank you for your consideration in helping to move the contracting process forward in a quick manner. I look forward to working with our ADO partners during the next biennium. Sincerely, Diana R. Divens ADO Program Manager Office of Economic Development and Competitiveness (OEDC) Enclosures cc w/enclosures: Economic Development Council of Mason County Revised (12/12/2024) Associate Development Organization Certification/Designation Form (For use by County officials) affirms/ designates the (Name of County) (Name of ADO) as the Associate Development Organization to coordinate economic development services for the county under contract with the Washington State Department of Commerce. Consistent with statutory requirements: 1. The prospective ADO is a non-profit organization. OR A public entity that has formed an authority or committee with full operating authority to carry out the duties of the ADO. It is important to recognize that this group would have its own authority and budget, not just the power to recommend actions/plans/expenses. 2. Economic development is the primary mission of the prospective ADO, and not just a secondary activity. This can be demonstrated with a written mission statement in a brochure, web-page, newsletter, etc. It may also be documented in the organization’s by-laws. 3. For economic interests in the county, this organization serves as a networking tool and resource hub for business retention, expansion, and relocation in Washington. 4. This organization has/will have the capacity during the period under contract with Commerce to carry out work activities as detailed in RCW 43.330.080 This designation is effective on the date signed below, and shall remain in effect for the 2025- 2027 biennium (07/01/2025-06/30/2027). Please provide documentation of the County executive or governing body’s action designating the above-identified organization as the ADO. Signature Print Name Title Date PLEASE SUBMIT THIS FORM AND DOCUMENTATION TO: Diana Divens, ADO Program Manager at:  diana.divens@commerce.wa.gov Office of Economic Development and Competitiveness Washington State Department of Commerce Post Office Box 42525 Olympia, WA 98504-2525 Cell: (564) 999-3279 1 Associate Development Organizations Eligibility & Designation Guidelines January 2025 2025-2027 biennium (07/01/2025-06/30/2027) 2 Overview Washington’s Department of Commerce (Commerce) maintains a contracted partnership with 35 Associate Development Organizations (ADOs), serving 39 counties, through both technical assistance and funding for local economic development activities. Each county in the state has designated an organization as their ADO to partner with Commerce and serve as the lead on local economic development activities in their county. This guide is provided to assist county leaders in the process of designating the most effective organization to serve as the ADO for their county. The criteria that Commerce uses to approve and negotiate a contract with a county-designated ADO is also covered. The origins of ADOs date back to Governor Booth Gardner’s Team Washington strategy that was initiated in 1985 to develop public-private, and state-local partnerships across the state. At first the Local Economic Development Assistance Program (LEDA) provided administrative grants to 33 ADOs that served the state’s 39 counties. ADOs were to become the principal contact for the department and all county economic development elements (chambers, towns, ports, businesses, etc.) would coordinate their efforts through their local ADO. Expectations of ADOs The broad role of an Associate Development Organization is that of advocacy and leadership, serving as the point of contact for local economic activities, recruiting/hosting new businesses, and coordinating business retention and expansion efforts within its service area. The ADO serves as the principal contact for Commerce regarding economic activity in their area. ADOs help Commerce gather data about community profiles, industrial sites, plans for business development and retention, reports on business activities, and proposals for other economic activities in their service areas. ADOs are described in more detail in RCW 43.330.080, and a copy of that code is provided in the reference section of this guide. Specific expectations of the ADO, as assessed by Commerce for contracting purposes include: 1) Partner with Commerce: The designated ADO organizations shall partner with Commerce as the lead local economic development organization in their service area to deliver economic development services at the local level. Through a contracted partnership, Commerce determines the scope of services delivered under the ADO grant/contract in collaboration with the ADO. The ADO works closely with Commerce to develop and carry out strategies and show potential for long-term sustainable growth. 2) Contracting Organizations (ADOs) in each Community or Regional Area Must Be “broadly representative of community and economic interests… capable of identifying key problems… and mobilizing broad support for recommended initiatives.” The code lists key players as: • local governments • chambers of commerce • workforce development councils • port districts • labor groups • institutions of higher education • community action programs • other appropriate private, public, or nonprofit community and economic development groups. 3 3) Best Practice Sharing: ADOs must meet and share best practices with other ADOs at least two times a year. 4) Resources and Services Provided to Local Businesses: ADOs shall provide direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062. 5) Regional Planning: Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies including cluster-based strategies. 6) Reports to Commerce: ADOs report quarterly on activity outcomes; i.e., Business Retention and Expansion assistance; Business Recruitment, Entrepreneurial Business Start-ups, etc. They also provide information on how they coordinate and collaborate with other organizations and jurisdictions in their counties, as well as other significant accomplishments. Timelines for reporting are in each grant/contract. 7) Formal designation by County: The County’s Board of Commissioners must formally designate an organization to serve as its ADO, providing Commerce with a signed statement of designation along with a certification of eligibility. 4 References RCW 43.330.080 Coordination of community and economic development services — Contracts with county- designated associate development organizations — Scope of services — Business services training. (1)(a) The department must contract with county-designated associate development organizations to increase the support for and coordination of community and economic development services in communities or regional areas. The contracting organizations in each community or regional area must: (i) Be broadly representative of community and economic interests; (ii) Be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives; (iii) Work closely with the department to carry out state-identified economic development priorities; (iv) Work with and include local governments, local chambers of commerce, workforce development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups; and (v) Meet and share best practices with other associate development organizations at least two times each year. (b) The scope of services delivered under the contracts required in (a) of this subsection must include two broad areas of work: (i) Direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062, and includes: (A) Working with the appropriate partners throughout the county including, but not limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, impact Washington, the Washington state quality award council, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county; (B) Providing information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Washington; (C) Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state; (D) Working with businesses on site location and selection assistance; (E) Providing business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the 5 federal trade adjustment assistance for firms program, and the provision of information to businesses on: (I) Resources available for microenterprise development; (II) Resources available on the revitalization of commercial districts; and (III) The opportunity to maintain jobs through shared work programs authorized under chapter 50.60 RCW; (F) Participating in economic development system-wide discussions regarding gaps in business start-up assistance in Washington; (G) Providing or facilitating the provision of export assistance through workshops or one-on-one assistance; and (H) Using a web-based information system to track data on business recruitment, retention, expansion, and trade; and (ii) Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies, including cluster-based strategies. Research and planning efforts should support increased living standards and increased foreign direct investment, and be aligned with the statewide economic development strategy. Regional associate development organizations retain their independence to address local concerns and goals. Activities include: (A) Participating in regional planning efforts with workforce development councils involving coordinated strategies around workforce development and economic development policies and programs. Coordinated planning efforts must include, but not be limited to, assistance to industry clusters in the region; (B) Participating with the state board for community and technical colleges as created in RCW 28B.50.050, and any community and technical colleges in the coordination of the job skills training program and the customized training program within its region; (C) Collecting and reporting data as specified by the contract with the department for statewide systemic analysis. In cooperation with other local, regional, and state planning efforts, contracting organizations may provide insight into the needs of target industry clusters, business expansion plans, early detection of potential relocations or layoffs, training needs, and other appropriate economic information; (D) In conjunction with other governmental jurisdictions and institutions, participating in the development of a countywide economic development plan. (2) The department must provide business services training to the contracting organizations, including but not limited to: (a) Training in the fundamentals of export assistance and the services available from private and public export assistance providers in the state; and (b) Training in the provision of business retention and expansion services as required by subsection (1)(b)(i)(E) of this section. [2014 c 112 § 111; 2012 c 195 § 1; 2011 c 286 § 2; 2009 c 151 § 10; 2007 c 249 § 2; 1997 c 60 § 1; 1993 c 280 § 11.] 6 Notes: Findings -- Intent -- 2007 c 249: "The legislature finds that economic development success requires coordinated state and local efforts. The legislature further finds that economic development happens at the local level. County-designated associate development organizations serve as a networking tool and resource hub for business retention, expansion, and relocation in Washington. Economic development success requires an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The legislature intends to bolster the partnership between state and local economic development efforts, provide increased funding for local economic development services, and increase local economic development service effectiveness, efficiency, and outcomes." [2007 c 249 § 1.] RCW 43.330.082 Contracting associate development organizations — Performance measures and summary of best practices — Remediation plans — Report 1)(a) Contracting associate development organizations must provide the department with measures of their performance and a summary of best practices shared and implemented by the contracting organizations. Annual reports must include the following information to show the contracting organization's impact on employment and overall changes in employment: Current employment and economic information for the community or regional area produced by the employment security department; the net change from the previous year's employment and economic information using data produced by the employment security department; other relevant information on the community or regional area; the amount of funds received by the contracting organization through its contract with the department; the amount of funds received by the contracting organization through all sources; and the contracting organization's impact on employment through all funding sources. Annual reports may include the impact of the contracting organization on wages, exports, tax revenue, small business creation, foreign direct investment, business relocations, expansions, terminations, and capital investment. Data must be input into a common web-based business information system managed by the department. Specific measures, data standards, and data definitions must be developed in the contracting process between the department and the contracting organization every two years. Except as provided in (b) of this subsection, performance measures should be consistent across regions to allow for statewide evaluation. (b) In addition to the measures required in (a) of this subsection, contracting associate development organizations in counties with a population greater than one million five hundred thousand persons must include the following measures in reports to the department: (i) The number of small businesses that received retention and expansion services, and the outcome of those services; (ii) The number of businesses located outside of the boundaries of the largest city within the contracting associate development organization's region that received recruitment, retention, and expansion services, and the outcome of those services. (2)(a) The department and contracting associate development organizations must agree upon specific target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds and actual performance must occur annually. (b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of the agreed measures must develop remediation plans to address performance gaps. The remediation plans 7 must include revised performance thresholds specifically chosen to provide evidence of progress in making the identified service changes. (c) Contracts and state funding must be terminated for one year for organizations that fail to achieve the agreed upon progress toward improved performance defined under (b) of this subsection. During the year in which termination for nonperformance is in effect, organizations must review alternative delivery strategies to include reorganization of the contracting organization, merging of previous efforts with existing regional partners, and other specific steps toward improved performance. At the end of the period of termination, the department may contract with the associate development organization or its successor as it deems appropriate. (3) The department must submit a final report to the legislature by December 31st of each even-numbered year on the performance results of the contracts with associate development organizations. [2014 c 112 § 112; 2012 c 195 § 2; 2011 c 286 § 3; 2009 c 518 § 15; 2007 c 249 § 3.] Notes: Findings -- Intent -- 2007 c 249: See note following RCW 43.330.080. Revised (12/12/2024) Mason County Agenda Request Form To: Board of Mason County Commissioners Item No. From: Jennifer Beierle Ext: 532 Department: Central Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): February 10, 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: Approval of the 2025 Oath of Credit Card Inventory pursuant to RCW 43.09.2855 and Mason County Resolution 10.18. Background/Executive Summary: As required by RCW 43.09.2855 and Mason County Resolution 10.18, the Commissioners of Mason County approve the annual inventory of credit cards as part of the system of authorization and control adopted for the use of credit cards. Budget Impact (amount, funding source, budget amendment, etc.): N/A Public Outreach: N/A Requested Action: Approval of the 2025 Oath of Credit Card Inventory, and for the County Administrator to sign the document. Attachment(s): 2025 Oath of Credit Card Inventory RCW 43.09.2855 Resolution 10.18 RESOLUTION NO. A A Resolution to update the Mason County Credit Card Policy&Procedures by amending Resolution 96-05. WHEREAS, RCW 42.24.115 authorizes counties to provide for the issuance and use of charge cards to employees for the purpose of covering expenses incident to authorized travel; and WHEREAS, RCW 43.09.2855 authorizes counties to use charge cards for official government purchases and acquisitions; and WHEREAS, the Mason County Board of Commissioners believe that the use of credit cards can improve cash management, reduce costs, and increase efficiency when used appropriately; and WHEREAS, it is necessary to provide proper controls over the distribution, authorization, and administration for the use of credit cards for transacting County business; NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to update the Mason County Credit Card Policy and Procedures as set forth in Attachment A. Dated this 20th day of February, 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Randf Ne her in, Chairperson Mel ss D ry, Clerk(df the Board i A L APPROVED AS TO FORM: Terri Drexler, Coninissioner Tim Whitehea , eputy Prosecuting Attorney Kevinutty Commissioner C: All Departments Credit Card\Resolution to update the Mason County Credit Card Policy&Procedures.doc Mason County Credit Card Policy& Procedures Resolution No. i0-/' Mason County Credit Card Policy References: RCW 42.24.080 RCW 42.24.115 RCW 43.09.2855 Purposes: To comply with State Laws on the use of credit cards for travel,purchases and acquisitions. (RCW 43.09.2855 (1)) To provide opportunities for cost savings available only with the use of credit cards. To provide an economical business practice that will increase efficiency. 1. Issuance and Inventory of Credit Cards a) The County authorizes the issuance of credit cards to departments for the purpose of covering authorized travel expenses incurred by government officials and employees as well as for official authorized government purchases or acquisitions. RCW 43.09.2855) b) Elected officials, department heads, and County administrators who feel their department's operations would benefit from having a credit card shall make a formal request to the County Commissioners, or their designee. The formal review of these requests implements a systems of controls, and allows for better tracking of the number of cards issued County-wide and by department, authorized credit and single purchase limits, and to ensure that bills are paid in accordance with the RCWs pertaining to credit card usage and County policy(RCW 42.24.080,RCW 42.24.115, RCW 43.09.2855).All requests for new credit cards will be submitted using the Mason County Credit Card Request Form(Exhibit A)and will include the following documents: a. A list detailing the specific types of transactions the department anticipates for the credit card. (RCW 43.09.2855 (3a)) b. A list of authorized users of the card. The decision as to whom will be authorized to use the card will be at the discretion of the elected official or department head. (RCW 43.09.2855 (3b)) c. A signed Mason County Credit Card Use Agreement(Exhibit B)by the authorized user(s) acknowledging that they have read the County's credit card policy and procedures and that they will use the card in accordance with this policy. These statements will be kept and maintained by each Issue Date: Page 1 of 7 Mason County Credit Card Policy & Procedures- Resolution No. department's designated Card Custodian. The Card Custodian will also sign a statement acknowledging their understanding of the policy and their responsibilities as the Card Custodian(Exhibit C). (RCW 43.09.2855 (3e)) d. A request for the credit limit of each card that is being requested. (RCW 43.09.2855 (3c)) c) The Commissioner's Office shall maintain an active listing of credit card users,cards issued, and credit limits. (RCW 43.09.2855 (3c)) d) Departments that have credit cards with retailers (charge card/account cards)must adhere to the same credit card policies and procedures as with a bank credit card.No special permission is needed for these cards, except if a fee is charged to obtain the card. The Board of County Commissioners has approved vendor specific credit cards with no fees for use in all offices and departments. Charge cards with fees require permission from the Board of County Commissioners. A list of all active retailer credit cards and an active listing of authorized users must be on file with the County's Commissioner's office. (RCW 43.09.2855 (3e)) e) Each Elected Official or Department Head is responsible for the distribution, retrieval, and tracking of each card issued within their office or department.Monthly reconciliations are the responsibility of the department that holds the credit card and is required for each department. (RCW 43.09.2855 (3e)) 2.Use of Credit Cards a) All purchases made with these cards must be in compliance with the County's purchasing, contracting,vendor list and other applicable policies. (RCW 43.09.2855 3e)) b) When a County credit card is used for the purpose of covering expenses related to authorized travel,the government official or employee must submit a fully itemised travel expense voucher with original receipts attached. This is to be submitted within five(5)days of authorized travel. Charges against the credit card that are not properly identified on the travel expense voucher or are found to be not allowed following the County's purchasing, contracting,vendor list, and other applicable policies, as well as the audit required under RCW 42.24.080, shall be paid by the official or employee by check or salary deduction. (RCW 42.24.115) c) If, for any reason,disallowed charges are not repaid by the official or employee before the credit card billing is due and payable,the County shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the official or employee,up to an amount of the disallowed charges and any interest and/or late fees incurred, as charged by the issuing credit card company. (RCW 42.24.115) Issue Date:Page 2 of 7 Mason County Credit Card Policy & Procedures Resolution No. d) Credit cards will be assigned in the name of the office or department, and not in the name of an individual. (RCW 43.09.2855 (3e)) e) The County's Financial Services Auditors shall establish and implement a written procedure for the payment of all credit card bills. All departments must adhere to this written procedure in order to maintain efficiency, timeliness, consistency, and accuracy of the County's credit card payments. (RCW 42.24.080) See Exhibit E for the current credit card voucher procedures established by Financial Services. f) Immediate surrender of a credit card(s)may be required if an elected official, employee, or department uses their credit card in a manner that is inconsistent with the County's code,policies, and procedures. (RCW 43.09.2855 (3e)) 3. Liability a) The individual office or department is responsible for the liability incurred by the use of their credit cards. Payment is due immediately upon receipt of monthly statement. Balances on all cards must be paid so no late fee is incurred. (RCW 43.09.2855 (3d)) See Exhibit E 4. Spending Limits a) Each Elected Official or Department Head will seek approval by the Board of Commissioners for their department's spending limits, and/or pre-authorization for credit cards issued in their office or department. Such limits will be consistent with office or department spending levels established by the Board of County Commissioners in the annual budget process. The Elected Official or Department Head is responsible for communicating the limit to each user. Subsequent requests for credit limit increases must be submitted to the Board of Commissioners, or their designee,via the Mason County Credit Card Request Form(Exhibit A). RCW 43.09.2855 (3c)) 5. Unauthorized uses a) Under no circumstances may an employee or elected official use a government credit card for personal expenses, even if they reimburse the County before the bill is due. (RCW 43.09.2855) b) Cash advances on all County credit cards are prohibited. (RCW 43.09.2855 (6)) c) Money orders/Travelers Checks/Gift Cards purchased with County credit cards are prohibited. (RCW 43.09.2855 (3e)) Issue Date: Page 3 of 7 Mason County Credit Card Policy & Procedures Resolution No. d) Meal and beverage purchases on all County credit cards are prohibited, except under special circumstances as defined by the Mason County Travel Policy. Exhibit F) (RCW 43.09.2855 (3e)) e) If an authorized departmental official or employee has charges that are disallowed and are not repaid prior to the credit card billing date,the office or department shall have a prior lien on the employee's wages,including final pay. (RCW 42.24.115 (3)) f) Failure to repay disallowed charges shall result in a penalty of ten percent per annum from the date of default until repaid. The interest will be computed as simple interest on the outstanding balance. This penalty is payable to the County and is in addition to interest and penalty charges imposed by the credit card company. (RCW 43.09.2855 (3e)) Mason County Credit Card Procedures Definitions: Credit Cards (Bank Cards): Mason County uses the credit card offered through the State of Washington contract. Departments may not use other bankcards. Charge Cards/Account Cards: Cards issued through specific vendors showing an established account. Not a credit card. No special permission is needed for these cards, except if a fee is charged. Charge cards with fees require permission from the Board of County Commissioners. For example, Costco charges a fee for their cards, and they can only be used at Costco stores. Credit Card System Administrator: An individual within the Commissioners' Office is responsible for providing training, advice, direction, consultation and assistance to Approving Managers and Card Custodians. Approving Manager: The Elected Official,Department Head or designee responsible for designating card custodians and requesting purchasing card limits. They will advise custodians of applicable limits and ensure that proper card usage, security, controls, timely bank statement reconciliation and approval,reception of transaction documentation and other related responsibilities are followed. Card Custodian: A Regular Employee,as defined in the Mason County Personnel Policy,within each office or department is responsible for card security and use. Custodians may designate employees within their office or department to use the credit card to purchase specific items or use a credit card for travel purposes. Approving Authority: A Commissioner or their designee Issue Date:Page 4 of 7 Mason County Credit Card Policy.& Procedures Resolution No. I. Charge or Vendor Specific Cards: 1. Elected Official or Department Heads make arrangements with individual vendors for charge or vendor specific cards. 2. If a fee is charged for the card,prior permission must be obtained from the Board of Commissioners. Please contact the Commissioners' office. 3. Keep all cards and account numbers safe. 4. Report inventory of all charge and/or vendor specific cards to the Board of Commissioners' annually. A form, provided by the Commissioners' Office, will be submitted annually by each department, listing the inventory and custodian(s) of all charge and/or vendor credit cards (Exhibit D). II. Credit Cards (Bank Cards) 1. Contact credit card system administrator Contact the Credit Card System Administrator in the Commissioners' Office. That person will help your office/department complete the Implementation Form and Letter of Request. The Administrator will establish an account through the Procurement Card contact through the State of Washington. 2. Designate a credit card custodian To designate a new credit card custodian,the Approving Manager completes the Mason County Credit Card Request Form(Exhibit A) and sends it to the Credit Card System Administrator in the Commissioners' Office, along with a signed Credit Card Custodian Agreement(Exhibit C). Custodians are responsible to: a. Pick up the credit cards from the Credit Card System Administrator in the Commissioners' Office. b. Keep all the credit cards safe and locked when not assigned to an employee. c. Maintain a log of credit cards checked out, to whom, date,purpose, date returned, sales slip returned, etc. d. Maintain the signed Mason County Credit Card Agreements (Exhibit B) from all authorized users of the department's credit card(s). Issue Date: Page 5 of 7 Mason County Credit Card Policy & Procedures Resolution No. e. Report Credit Card Fraud to the Credit Card System Administrator and file a claim with the credit card company. The credit card company will send a form to the department with reported fraud,which will be filled out and a copy submitted with the credit card statement to Financial Services. 3. Using the Credit Card(RCW 43.09.2855 (3)) a. The credit cards must be kept safe and secure at all times. When not in use by an individual,it is required that all credit cards be stored in a locked drawer or safe, with limited access. b. When needed for use,the custodian completes the information on the log and has the employee sign the log. If the custodian is the one to use the card,have another employee initial the log. c. The Approving Manager must set the boundaries for credit card use and must communicate this to the employee before they use the credit card. (Prohibited: meals, cash advances,and personal items.) Proof of communication may be done by a signature on a use agreement, etc. d. The card user must obtain and return all charge slips regardless what is purchased, to the custodian or departmental accountant. e. An itemized receipt must be obtained for all purchases when possible. f. Government officials and employees are expected to return the card to the card custodian promptly after each authorized us.Under no circumstances shall the card information be stored by a government official or employee. g. To raise or lower a spending limit on a credit card, complete the Mason County Credit Card Request Form(Exhibit A) and send it to the Credit Card System Administrator in the Commissioners' Office. 4. Credit Card Billing Statements(RCW 43.09.2855 (3)) a. The Credit Card Administrator will receive a master statement of all credit card accounts, for review and audit purposes only. b. The Credit Card Custodian in each department will receive a detailed bill each month for the cards they are responsible for. c. It is the Credit Card Custodian or departmental accountant's responsibility for submitting payment in the proper amount of time each month,pursuant to the Issue Date: Page 6 of 7 Mason County Credit Card Policy & Procedures Resolution No. procedures established by the Auditors in the Financial Services office. (RCW 42.24.080) d. For each purchase made by a charge card, a signed supplier sales receipt/charge slip that clearly describes the items purchased,price, and any applicable tax should be retained by the custodian and attached to the log during the reconciliation process. Documents: Mason County Credit Card Request Form—see Exhibit A Mason County Credit Card Agreement—see Exhibit B Credit Card Custodian Agreement—see Exhibit C Department Credit Card Inventory List—see Exhibit D Credit Card Vouchers Procedures—See Exhibit E Travel Policy—See Exhibit F Issue Date: Page 7 of 7 MASON COUNTY CREDIT CARD REQUEST FORM Exhibit A Please forward request to:Mason County Support Services Type of Request: O New Card(Sections A,8,C,E) 0 Change or Add Credit Card Custodian(Sections A,E) Increase/Decrease Credit Limit(Sections A,B,D,E) A.Department Information Department Name Department Physical Address Phone Number Ext Department Authorized Credit Card Custodian's Name(s) Phone#&Ext(if different from above) B.Please provide a brief description of the reason for and a list of example transactions of the requested card. The list of required documents to be submitted with this request is in Section 1.of the Credit Card Policy. C.For New Credit Card Request: D.For Credit Limit Increase/Decrease: Department's Credit Limit Request Department's Current Credit Limit Approved Credit Limit(to be determined by BOCC New Credit Limit Request or their designee Approved Credit Limit(to be determined by BOCC or their designee) Q Request Approved E. Department Head Signature&Date 0 Request Denied Reason(s)for denial of request: Approving Authority Signature&Date Mason County Credit Card Use Agreement Exhibit B I hereby acknowledge the receipt of my Mason County, US Bank Purchase Card. In consideration of Mason County obtaining the Card and providing it to me, agree to the following: 1. The credit card is for Mason County business related purchases only; personal charges are not to be made. 2. Meals are not allowed to be charged to the credit card. You may submit for reimbursement after your travel to cover your meal allowance, based on per diem rates. 3. I will promptly submit travel expense reports covering amounts charged to the Card and will attach a detailed copy of each Card transaction. 4. Improper use of the Card is considered misappropriation of county funds, which may result in corrective action, up to and may include termination. 5. I will promptly return the Card to Mason County if requested to do so or if my employment with Mason County is terminated. 6. If Mason County pays US Bank any un-authorized amounts charged to the Card, I authorize Mason County to take such actions, as it deems necessary to recover the amounts paid, including withholding such amounts from my wages or from any other sums payable to me by Mason County. 7. A lost or stolen card should be reported immediately to the Card Custodian and by telephone to US Bank Customer Service at 1-877-846-9302. Your signature verifies that you understand and agree to comply with Mason County's charge card guidelines listed above. Employee Signature Card Custodian Date Date C:\Users\jsweet\Documents\GroupWise\Mason County Credit Card Use Agreement Form.doc Mason County Credit Card Custodian Agreement Exhibit C I hereby acknowledge the receipt of my Mason County, US Bank Credit Card. Account Number:the "Card") In consideration of Mason County obtaining the Card and providing it to me, I agree to the following: 1. The credit card is provided to Mason County's employees based on their need to purchase business related goods and services. 2. Credit card custodians are expected to comply with internal control procedures in order to protect Mason County's assets. This includes keeping receipts, reconciling monthly statements, and following proper card security measures. 3. All charges are billed directly to and paid by Mason County. Personal charges can't be paid to the bank directly and therefore are considered misappropriation of county funds. 4. I understand that my department's card privileges may be suspended or cancelled if I am delinquent in paying US Bank. 5. A cardholder must surrender his or her Card upon termination of employment (i.e. retirement, voluntary or involuntary termination). At this point, no further use of the account is authorized. 6. A lost or stolen card should be reported immediately by telephone to US Bank Customer Service at 1-877-846-9302. The custodian will also report the lost or stolen card to the program administrator. Your signature verifies that you understand and agree to comply with Mason County's charge card guidelines listed above. Card Custodian Credit Card System Administrator Date Date C:\Users\jsweet\AppData\Local\Temp\XPgrpwise\Mason County Credit Card Custodian agreement Form.doc Credit Card Inventory by Department Exhibit D DEPARTMENT: Elected Official/Department Head: NONE CREDIT CARDTYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: CREDIT CARD TYPE: Person submitting this form: Date: C:\Users\jsweet\Documents\GroupWise\Department Credit Card Inventory form.doc Created on 1/22/2018 9:45:00 AM Exhibit E Credit Card Vouchers: Within five (5) days receipt of your monthly credit card statement you need to enter your payment on a separate batch from your other accounts payable invoices in Munis. Financial Services will be doing special AP runs to accommodate the credit card payments should they not fall within the current published AP Run schedule. PURCHASE ORDER USERS: If you are one of the departments using a Munis PO entry, please continue to do so. The PO should have all entries for the entire credit card payment. If you have a credit on account on your current statement please contact Financial Services before entering this credit on a PO. INVOICE ENTRY SCREEN USERS: If you aren't using a Munis PO, please enter your total payment due on the Gross Amount line and utilizing separate lines in the account field on your entry screen, allocate your purchases by fund and BARS. If you have a credit on account on your current statement enter the credit on an account line as a negative number. The fund and BARS should be the same as the original purchase that was made for which you are receiving a credit or refund. ALL USERS: The batch must include: Payment in full amount as shown on the credit card. Include any late fees. Original US Bank statement and all detail with remit coupon. All original receipts and invoices noted on your credit card statement. All supporting documentation required for the purchase, such as a signed travel voucher and back up documents or capital asset form. If another department used your credit card and you don't have Munis permission to enter their fund information into a batch, we can assist you. After you have entered your fund expenditures on an invoice entry screen, contact Financial Services. We will enter the other department data for you on the same batch. You will then be able to print an edit showing a complete payment for all funds. You will be responsible for obtaining the proper signatures required on your batch Exhibit E edit for all funds being used before turning the batch into Financial Services. The goal is to produce one warrant showing a complete payment for that credit card, regardless of the fund using the card. For the data in the Invoice cell, please enter the following: Invoice LC#gsss JULY 2017 This is the last four digits of the credit card, the month and year. If you only use the last four digits and the month, next year you will receive a duplicate entry warning when you attempt to pay. Under no circumstances should you put in your full credit card number either in this field or the description field. In the Description cell, you may put as much as you can. Normally the place of purchase works well. You have limited space. If you are using a PO you have a great deal of space to capture detail for each purchase. DO NOT untick the Separate Check box. This is set in the vendor master default file. US Bank does not want multiple payments from different C cards on the same warrant. Separate check Keep it like this. If you have a grant expenditure please remember to check the PA applied box.171 PA applied j Please do not tick the Include Documentation box. ri Include documentation This causes the warrant to print out of order. Attach your statement and credit card detail to a blank piece of paper with the Munis Top of Form imprint on the top. Attach your receipts, invoices and back up documentation in the same order as noted on your credit card statement. Staple these together. Paperclip the remit coupon, with the amount filled in, to the back of this entire stack. Print your batch edit and have it signed. Place the batch in the green voucher box in Financial Services. CREDIT CARD TRANSACTION LOG All Auditor credit card purchases must be noted on the transaction log. When the credit card statement arrives, please enter your purchases in Munis and send to Financial Services. Your voucher must include the actual credit card statement and original remit coupon, all purchases and detailed original receipts/invoices and this transaction log. The transaction log must be signed by an authorized signer for the funds being used and included with your voucher. DATE DATE DATE EMPLOYEE USING CARD VENDOR NAME AMOUNT RETURNED VOUCHERED All purchases noted above have been authorized by the Auditor's department. All purchases are for official County use. All purchases have an original invoice or an emailed invoice attached. DATE AUTHORIZED SIGNATURE PLEASE ATTACH THIS TRANSACTION LOG TO YOUR CREDIT CARD VOUCHER Exhibit F TRAVEL POLICY Mason County recognizes that out of town travel and related business expenses can be an integral and necessary component of the operation of local government. This policy is intended to establish equitable standards and to provide consistent and fair treatment to all employees who incur such expenses. It is also intended to establish and maintain effective controls over those expenses. County officials (department heads and elected officials) and County employees are expected to exercise prudent judgment when incurring travel expenses on behalf of the County doing official County business. The failure of employees to follow this policy, or incur excessive expenses, may be cause for disciplinary action. Non business related expenses and/or expenses not made in accordance with this policy will not be approved or reimbursed. All travel and associated expenses must be approved in advance by the department head or elected official. Employees will be reimbursed for reasonable and customary expenses actually incurred in connection with doing business on behalf of the County. These may include: meals, lodging, transportation and other necessary expenses while away from the office. These expenses may not include: alcoholic beverages; tobacco; tips exceeding 15%; meals, lodging or transportation provided for the employee by an outside entity as part of the employees participation; any expenses for a person(s) traveling with the employee; any expenses incurred that are not in connection with the business of the County All requests for payment of travel must be submitted to the Auditor's Financial Services department on forms approved and provided by the Auditor. All required documentation must also be submitted on the approved travel document form. Required travel documents include all itemized receipts, conference/seminar agendas, and all proof of costs incurred while doing business on behalf of the County. Travel documents should be presented to the Auditor's Financial Services department in the month the charges occur. If an employee chooses to travel to a destination in advance of the necessary time for arrival, or remain at the destination following the official closing of the event, there will be no additional per diem, lodging or miscellaneous expenses paid to the employee. All requests for payment must be signed by the department head or elected official and the employee that is requesting reimbursement. An employee may not request reimbursement on behalf of another employee. If an employee is compensated by an outside entity for any travel costs while traveling on behalf of Mason County,the employee will cleposit those funds with the Mason County Treasurer. The employee wilt provide the Auditor's Financial Services department with a copy of the Treasurer's deposit receipt and a detail of the expenses covered. Any member of a board, committee or commission that is not a Mason County employee, but is an appointed member to do business on behalf of Mason County is subject to all travel rules and documentation noted herein. Exhibit F PER DIEM (meal reimbursement) All requested meal reimbursement must have a detailed receipt. Meals will be reimbursed, minus any alcohol or a tip exceeding 15%, using the Washington State Office of Financial Management (OFM) per diem rates and,for out of state travel, the U.S. General Services Administration (GSA) per diem rates. The meals wilt be reimbursed up to the allowable rate for the area and meal on those rate maps. Per diem will be reduced for any meals 1 provided through conference registration, 'seminars or similar events. Reimbursement will not be made if the employee chooses not to eat the meal provided and eats elsewhere. Single Day Per Diem (meal reimbursement): Single day per diem occurs when no overnight stay is required. Single day meatreimbursementsareconsideredtobetaxablewagesaccordingtotheIRSandwill be included as gross taxable income of the employee. An employee must use the single day per diem form and include it with their payroll timesheet information. The department supervisor will forward the per diem form to the Auditor's Financial Services department. The meat will be added to their taxable gross wages and taxed accordingly. Per Diem (meal reimbursement) while in overnight travel status: If an overnight stay is required, per diem will be based on either OFM (in state) or GSA out of state) rates for each day the employee is in full travel status. The per diem rate will be based on the location the employee is in for that meal. On days of departure and return an employee will apply the Three Hour Rule (see rule below). Three Hour Rule for per diem (meal reimbursement): If an employee is in travel status for three hours beyond their regular work schedule for a single day,they may receive meat reimbursement. The three hours may consist of hours occurring before, after or a combination of both before and after the employee's regular work schedule for the day, The employee may not stop for a meal just to meet the three hour rule. Special Circumstances: During emergency situations such as, but not limited to, initial crime scene investigations, major crimes, emergency weather situation, natural disasters, etc,when employees are working extended hours and stopping for a meal break could worsen the emergency or increase costs to the County, departments may provide an on-scene meal of nominal cost. A detailed receipt, including names of all employees/volunteers involved, must be provided. All receipts and pertinent information involving the emergency situation must be included on the claim for payment voucher submitted to the Auditor's Financial Services department. An employee may not claim a per diem meal reimbursement if their County department is also submitting a claim for payment voucher for the same incident. LODGING All lodging is to be reserved using a government, or most economical, rate whenever possible. County credit cards may be used to secure lodging for a County employee. Exhibit F Reimbursement for lodging is allowed when the temporary duty station is located more than fifty (50) miles, using the most direct route;of the closer of either the traveler's official residence or official work station. Reimbursement will be made for the actual lodging expense and any applicable taxes. If there are additional charges for a person(s) traveling with the employee, who is not traveling on behalf of County business, the employee is responsible for all charges for that additional person(s) and it will not be reimbursed. An itemized statement is required for all charges. If an employee shares an accommodation with another employee or an employee of another entity who is attending the same event, an equal share of the double room rate wilt be paid on behalf of the Mason County employee. Each employee must submit an original invoice showing the lodging charge for their portion of the room rate. Not eligible for reimbursement on a lodging receipt are, but not limited to: laundry services; valet service; entertainment expenses; athletic room (gym) charges, internet charges (unless required by their supervisor). TRANSPORTATION Any employee driving a vehicle (either County car or personal vehicle) must have and must be able to provide proof of valid car insurance. Employees are encouraged to reserve and use a pool car from ER&R as much as possible. All county vehicles shall be used in accordance with Masoh County ER&R use policy. If a personal vehicle is used, the mileage will be based on the current IRS standard POV rate. Mileage will be prohibited for normal travel between the usual place of business and employee's main place of residence. When traveling on behalf of the County, mileage will he paid from either the official work station or the employee's main residence,whichever is the closer and most direct route of the two,to the travel destination. Mileage shall not exceed what the sum of a round trip coach airfare from a common carrier, any needed local ground transportation and other related costs for that destination. Airfare (coach rate), car rentals, trains, ferry, tolls, shuttle/taxi, etc will be reimbursed with a receipt and paid at actual costs. Personal travel insurance will not be reimbursed. Tickets purchased with an employee's individual frequent flyer miles will not be reimbursed. References: IRS, OFM SAAM rules, SAO BARS manual, County resolutions: #37-07 &#150-07