HomeMy WebLinkAbout2018/02/27 - Regular Packet 27.1
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT MEETING AGENDA
Commission Chambers— 6:00 p.m.
411 North Fifth Street, Shelton WA 98584
February 27, 2018
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 Proclamation- Invasive Species Awareness Week Staff: Cmmr. Neatherlin
5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit)
If you wish to address the Commission, raise your hand to be recognized by the Chair. When you
have been recognized, please step up to the microphone and give your name and address before
your comments.The Mason County Commission is committed to maintaining a meeting atmosphere
of mutual respect and speakers are encouraged to honor this principle.
6. Adoption of Agenda
Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon
before 6:30 p.m.
7. Approval of Minutes - None
8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by
one motion unless a Commissioner or citizen requests an item be removed from the Action
Agenda and considered as a separate item.
8.1 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #5 8054369-8054650 $ 809,115.82
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Total $ 809,115.82
8.2 Approval to set an additional hearing for March 20, 2018 at 9:30 a.m., the first hearing
having taken place February 20, 2018, to review an ordinance to determine water
adequacy per RCW 36.70.790 and RCW 36.70.795 which allows for the adoption of
interim official controls as long as a public hearing is held within sixty (60) days of
adoption.
8.3 Approval of the Personal Services Contract for mandatory evaluation services of the
Federal Comprehensive Opioid Abuse Site-based Program(COAP) with LGA Consulting
LLC.
9. Other Business (Department Heads and Elected Officials)
10. 6:30 p.m. Public Hearings and Items Set for a Certain Time- No Hearings.
11. Board's Reports & Calendars
12. Adjournment
Last printed 2/26/2018 4:06:00 PM
If special accommodations are needed,contact the Commissioners'office at ext. 419, Shelton #360-427-
9670; Belfair#275-4467, Elma #482-5269.
MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Jennifer Giraides Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: February 20, 2018 No. 4.1
ITEM: Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent a liquor license application
for Hoodsport Hamburger and Deli 24311 North US Highway 101, Hoodsport.
4.1.2 Washington State Liquor and Cannabis Board sent a letter notifying Green 2
Black 141 West Westfield Court Suite B, Shelton that their marijuana license
has been discontinued.
Attachments: Originals on file with the Clerk of the Board.
cc:CMMRS Neatherlin,Shutty&Drexler
Clerk JPl��^,l UUW
Washington State — �J
Liquor and Cannabis Board
NOTICE OF LIQUOR LICENSE APPLICATION
WASHINGTON STATE LIQUOR AND CANNABIS BOARD
License Division - 3000 Pacific, P.O. Box 43075
Olympia,WA 98504-3075
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website: http://Icb.wa.gov
TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov
RE: NEW APPLICATION DATE: 2/15/18
U B I: 604-164-552-001-0001
License: 426232 -1F County:23 APPLICANTS:
Tradename: HOODSPORT HAMBURGER AND DELI HNH ENTERPRISES, INC
Loc Addr: 24311 N US HIGHWAY 101 KIM, NANSUN
HOODSPORT WA 98548-9643 1969-12-17
KIM, HONGKYU
Mail Addr: 23416 HIGHWAY 99 STE B (Spouse) 1961-03-14
EDMONDS WA 98026
Phone No.: 425-640-3435 YOUNG CHOI
RECEIVED
Privileges Applied For: FEB 15 2018
SNACK BAR
Mason County
Commissioners
As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has
applied for a liquor 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 CHRI desk at(360) 664-1724.
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 314-09-010 for information about this process)
4. If you disapprove,per RCW 66.24.010(8)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
cc:CMMRS Neatherlin,Shutty&Drexler
Clerk JMa 1 1 9 r u1 „p
Washington State Licensing and Regulation
1 PO Box 43098, 3000 Pacific Ave SE
liquor and Cannabis Board Olympia WA 98504-3098
Phone—(360)664-1600
Fax—(360)753-2710
February 12, 2018
GREEN 2 BLACK FEB 15 2016
141 W WESTFIELD CT STE B Mason County
SHELTON, WA 98584 Commissioners
LICENSE #416776— 7R
UBI 603-166-834-001-0002
This letter is to notify you that your nlac'ijuana license number 416776 has been
discontinued. You may no longer engage in the production, sale, or service of marijuana
at the above location as of December 31, 2017.
If you wish to appeal this action, you have 20 days from the date of this letter to submit
your request in writing to the WSLCB. You may submit your request to:
Email: Linda.Thompson@lcb.wa.gov
Or
By mail to: WSLCB
Attention: Linda Thompson
PO Box 43098
Olympia, WA 98504-3908
Sincerely,
Customer Service/ rni
Licensing & Regulation
T: 360 664-1600
cc: Mason County Commissioners
Olympia Enforcement
Marijuana Examiners Unit
Finance
.d� aop�'.
Invasive Species Awareness Week
February 25 — March 3, 2018
1854
WHEREAS,invasive species,including noxious weeds,damage our land and water, harm our wildlife and the
productivity of our natural resources;and inhibit management of those resources in Mason County;and
WHEREAS,every year,the costs to prevent, monitor,and control invasive species,combined with the damage to
crops,fisheries,forests,and other resources cost the nation an estimated$137 billion per year;and
WHEREAS, invasive species are recognized as the second greatest threat to biodiversity worldwide after habitat
destruction from human development;and
WHEREAS,invasive species threaten the survival of native plants and animals, and are a significant threat to
almost half of the native species listed as federally endangered,including salmon;and
WHEREAS, invasive species interfere with ecosystems by changing natural processes such as fire,water availability,
and flooding;and
WHEREAS, invasive species impede industry,threaten agriculture,endanger human health,and are becoming
increasingly more difficult to prevent and control as a result of global commercialization and human travel;and
WHEREAS, prevention is far less expensive than trying to remove species once they arrive and an educated and
aware public is highly effective at detecting introduced species early;
NOW,THEREFORE,WE,the BOARD OF COUNTY COMMISSIONERS of MASON COUNTY,do hereby proclaim
February 25—March 3, 2018 as
Invasive Species Awareness Week
In MASON COUNTY,and encourage all people in MASON COUNTY to learn more about preventing invasive species
by visiting httr)s://wise.wa.gov.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Melissa Drewry,Clerk of the Board Randy Neatherlin,Chair
Kevin Shutty,Commissioner
Terri Drexler,Commissioner
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Giraldes Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: February 27, 2018 Agenda Item # 5 I
(Commissioner staff tc cdmplete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8054369-8054650 $ 809,115.82
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Total $ 809,115.82
Background: 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 $ 3,703,341.39
Direct Deposit YTD Total $ 2,582,364.84
Salary Clearing YTD Total $ 2,845,637.51
Approval of Treasure Electronic Remittances YTD Total $ .00
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants:
Claims Clearing Fund Warrant #s $ 809,115.82
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Total $ 809,115.82
Attachment(s): originals on file with Auditor/Financial Services (Copies on file with Clerk of
the Board)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Dave Windom Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Community Services EXT: _260
COMMISSION MEETING DATE: 02/27/18 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: January 29, 2018
BRIEFING PRESENTED BY: Dave Windom
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Ordinance for Procedures to Determine Water Adequacy and Ordinance
adopting amendments to the Community Development Fee Schedules to reflect
changes in state law ensuring water is available to support development.
BACKGROUND:
Community Development is finishing the policy and process components of water/well
management following the passage of SSB 6091. This policy work reflects the
Community Development desire to comply with the legal requirements of SSB 6091 in
a timely fashion. The outlined policy will be posted online and briefed to staff upon
commission approval.
RECOMMENDED ACTION: Set an additional hearing for March 20, 2018, the first
hearing having taken place on February 20, 2018, to comply with RCW 36.70.790
and RCW36.70.795 which allows for the adoption of interim official controls as
long as a public hearing is held within sixty (60) days of adoption.
ATTACHMENT(S): Staff Report, Ordinance for Procedures to Determine Water Adequacy,
Fee Schedule Ordinance, MCC Chapter 6.68 — Water Adequacy Regulations, MCC 14.48.150-
New Development and Redevelopment- Minimum Requirements, and Notice of Hearing.
IXommunity DevelopmentTLANNING\Marissa W\BOCC\Agenda\2018\02.27.18\CS_2.27.18_Consent for Water
Adequacy Second Hearing.doc
Notice of Hearing
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold a public hearing at the Mason County Courthouse Building 1, Commission Chambers, 411
North Fifth Street, Shelton, WA 98584 on Tuesday,March 20,2018 at 9:30 A.M.
SAID HEARING will be held, in compliance with RCW 36.70.790 and RCW
36.70.795,which allows for the adoption of interim official controls as long as a public hearing
is held within sixty(60) days of adoption. The hearing is in response to the February 1, 2018
adoption of an Emergency Ordinance for Interim Procedures to Determine Water Adequacy and
an Ordinance adopting amendments to the Community Development Fee Schedules to reflect
changes in state law ensuring water is available to support development. This is the second
hearing regarding this issue, the first hearing took place on February 20,2018.
If you have any questions,please contact David Windom,MSHS, Director, Mason
County Department of Community Services, at(360)427-9670, Ext. 260. If special
accommodations are needed,please contact the Commissioners' office, (360)427-9670, Ext.
419.
DATED this—day of February, 2018
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Clerk of the Board
c: Journal–Publish 2x: March 8, 2018 and March 15, 2018
(Bill: Community Services–615 W. Alder St., Shelton, Wa 98584)
Staff Report: Dave Windom, Director, MCCS
ESSB 6091 Implementation
In response to the state legislature approving ESSB 6091 , providing a long-term solution to
the Hirst decision, staff prepared and the county adopted an emergency ordinance
relating to the use of permit exempt water withdrawals for development purposes. This has
been prepared as an emergency ordinance so that the County can immediately comply with
state law and process development permit applications dependent upon permit exempt
wells consistent with the new law.
Staff has prepared a final, permanent ordinance similar to this temporary one to take
through our standard public review and approval process. This ordinance changes
sections of Title 6 and 14 of the Mason County Code.
This ordinance differs from the previous interim water resources proposals in that,
pursuant to ESSB 6091 , hydrogeologic instream flow impairment analyses and mitigation
are no longer required for new groundwater withdrawal applications.An applicant in WRIAs
14, 15 and 22 may now obtain approval for a groundwater withdrawal (a well) exempt from
permitting under RCW 90.44.050 for domestic use only, with a maximum annual average
withdrawal of nine hundred fifty gallons per day per connection in WRIA 14 and 15 and
3000 gallon per day maximum annual average withdrawal in WRIA 22. They must also pay
a fee of $500 dollars ($350 of which the County must forward to the Department of
Ecology), and must record any relevant restrictions or limitations associated with water
supply with the property title.
ESSB 6091 also contains provisions that immediately add to the County's watershed management
work plan. The most noteworthy is that it directs the Department of Ecology to work with the
initiating governments and the planning units described in chapter 90.82 RCW •to update the
WRIA 14 Watershed Management Plan by June 2021 to identify the potential impacts of exempt
well use, identify evidence-based conservation measures, and identify projects to improve
watershed health. The Watershed Management Plan Update must include recommendations for
projects and actions that will measure, protect, and enhance instream resources and improve
watershed functions that support the recovery of threatened and endangered salmonids.
Planning staff intends to send a joint letter with the Squaxin Tribe to get clarification from
Ecology on how much of the work on WRIA 14 from years past can be used to start this new
process.
Attachments: Ordinance
ORDINANCE NUMBER
An Ordinance ensuring water adequacy for development through
amendments to Mason County Code Title 14 Buildings and
Construction and Title 6 Sanitary Code.
AN ORDINANCE of the Mason County Board of Commissioners adopting procedures for
determining water adequacy for building permits relying on individual water sources and
establishing a public hearing date within sixty(6o) days of adoption, unless superseded prior to this
date.
WHEREAS, RCW 36.7oA.070(1), requires that the land use element of a county
comprehensive plan "shall provide for protection of the quality and quantity of
groundwater used for public water supplies", and,
WHEREAS, RCW 36.7oA.070(5)(c)(iv) requires that the rural element of a county
comprehensive plan "shall include measures that apply to rural development and protect
the rural character of the area, as established by the County, by: ... protecting critical
areas...and surface water and groundwater resources"; and,
WHEREAS, RCW 19.27.097(1) requires that applicants for building permits of buildings
necessitating potable water provide evidence of an adequate water supply for the
intended use of the building; and,
WHEREAS, RCW 58.17.110(2) requires that "A proposed subdivision and dedication shall not
be approved unless the ... county legislative body makes written findings that... appropriate
provisions are made for... potable water supplies..."; and,
WHEREAS, Mason County Code (MCC) Title 14.04 specifies information required for a
complete building permit application; and,
WHEREAS, MCC Title 20.97 provides definitions of terms used in the code; and
WHEREAS, MCC Titles 21.04 and 21.05 contain requirements for water supply in short
subdivisions and long subdivisions, respectively; and,
WHEREAS, MCC Title 6 contains requirements for potable water; and,
WHEREAS, Title 173-501 WAC Instream Resources Protection Program - Kennedy Water
Resource Inventory Area (WRIA) 14 identifies waterbodies in Mason County that are
closed or partially closed to further appropriation, by listing their status as "closure,"
"partial year closure," "low flow," or"minimum flow,"; and,
Mason County Code Section 6.68 Water Adequacy and 14.48 Stormwater Revised: 2/14/18
WHEREAS, RCW 36.70.790 and RCW 36.70.795 allow for adoption of interim official
controls as long as a public hearing is held within sixty (60) days of adoption; and,
WHEREAS, on January 18, 2018, the Washington State Legislature adopted ESSB 6ogi,
ensuring that water is available to support development and amending RCWs 19.27.097,
58.17.110, 90.03.247, and 90.03.290; adding a new section to chapter 36.7oA RCW; adding a new
section to chapter 36.7o RCW; adding a new chapter to Title 90 RCW;
WHEREAS, ESSB 6og1 requires the Department of Ecology to work with the initiating
governments and the planning unit in WRIA 14 to review existing watershed plans to
identify the potential impacts of exempt well use, identify evidence-based conservation
measures, and identify projects to improve watershed health. Until rules are adopted that
specify otherwise, Section 202(5) of ESSB 6og1, which effectively reverses the Court's
decision in Hirst, allows new domestic water uses in WRIA 14 that rely on groundwater
withdrawals exempt from permitting under RCW 90.44.050, provided that applicants pay
a fee of five hundred dollars to the permitting authority and limit their maximum annual
average withdrawal of nine hundred fifty gallons per day, per connection, and record this
limitation on the property title; and,
WHEREAS, the amendments proposed by this ordinance are consistent with the
aforementioned requirements of ESSB 6091 and are therefore consistent with the GMA,
as specifically addressed in Section 102 of ESSB 6091; and,
WHEREAS, ESSB 6o91was signed by Governor Inslee on January 1.9, 2018,and,pursuant to
the emergency clause in Section 307 of Session Law, it became effective immediately as
the Legislature declared that it was "necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its existing
institutions ... "; and,
WHEREAS, pursuant to Title 15 of the Mason County Code and RCWs 36.70.390 and
36.70.795, an emergency ordinance necessary for the immediate preservation of the public
peace, health, or safety or support of the County government and its existing institutions
may be passed by the County Commission and then take effect immediately; and,
WHEREAS, it is necessary for this ordinance to take effect immediately in order for
property owners to be allowed to proceed with their development plans forthwith and
thus obtain relief from the impacts of Hirst; and,
WHEREAS, the County Commission held a public hearing on this ordinance on February 20,
2018 and subsequently issued findings that this ordinance meets state and local
requirements;
NOW, THEREFORE, BE IT ORDAINED that the Mason County Commission adopts the
above "WHEREAS" recitals as findings of fact in support of its action as required by RCW
36.7oA.390.
Mason County Code Section 6.68 Water Adequacy and 14.48 Stormwater Revised: 2/14/18
BE IT FURTHER ORDAINED that Ordinance No. 2017-o8o, Mason County Code Section
6.68 Water Adequacy only,is hereby repealed in its entirety and replaced upon the effective
date of this ordinance.
BE IT FURTHER ORDAINED that if a section,subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason by any court
of competent jurisdiction; such decision shall not affect the validity of the remaining
portions of this ordinance, and if the provisions of this ordinance are found to be
inconsistent with other provisions of the Mason County Code, this ordinance shall control.
DATED this day of 2o18.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Randy Neatherlin, Chair
Clerk of the Board
APPROVED AS TO FORM: Terri Drexler, Commissioner
Tim Whitehead, Chief DPA
Kevin Shutty, Commissioner
Mason County Code Section 6.68 Water Adequacy and 14.48 Stormwater Revised: 2/14/18
Chapter 6.68—MASON COUNTY WATER ADEQUACY REGULATIONS
Sections:
6.68.010- Purpose.
6.68.020-Scope of coverage.
6.68.030- Definitions.
6.68.040- Determination of adequacy for building permits.
6.68.050- Determination of adequacy for division of land.
6.68.060-Waiver of regulations.
6.68.070-Appeals.
6.68.010-Purpose.
(a) The purpose of these rules is to define basic water adequacy in accordance with the Growth
Management Act (RCW 36.70A) for new construction and to each lot in a proposed subdivision or a
short subdivision prior to approval.
(b) It is the express purpose of this chapter to provide for and promote the health, safety and welfare of
the general public, and not create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted by the terms of this chapter.
6.68.020-Scope of coverage.
(a) The provisions of this chapter shall apply to all territories contained within the jurisdictional
boundaries of the Mason County department of health services. The provisions of these rules and
regulations shall apply to all new residences, places of business, or other buildings or places where
persons congregate, reside or are employed which requires potable water and to land segregation
regulated under Title 16 of this code.
(b) Any building necessitating potable water shall provide proof of potable water as delineated in this
code and approved the health services director or designee(s) prior to issuance of the permit.
Exemptions to this code are listed as follows:
(1) Buildings identified by the building official which do not require potable water facilities;
(2) Improvements, replacement structures, or additions to buildings which already contain potable
water and will not result in increased water usage;
6.68.030-Definitions.
The definitions of terms in WAC 246-290, WAC 246-291, RCW 90.03, RCW 90.44, and Title 16 of
this code are adopted and incorporated by reference.
6.68.040- Determination of adequacy for building permits.
Page 1
(a) Group B or Two-Party Public Water Systems.
(1) Prior to issuance of a building permit, the water system manager provides, in writing, verification
that the water system is able and willing to provide water to the new connection and that doing
so will not exceed limits imposed upon the system by any state and local regulation. Verification
in writing will be accomplished by signing a statement on an application form; and
(2) Upon receipt of the application, the Group B public water system file is reviewed for the
following:
(A) Quality.
(i) Public water sources must meet all the standards set forth by state regulation and be
current on monitoring requirements.
(ii) In areas of water quality concern, water quality may be required to be further
evaluated for any or all of the following:
A. Primary contaminates,
B. Secondary contaminates,
C. Volatile organic compounds (VOC), and/or
D. Synthetic organic compounds (SOC).
(B) Quantity. The minimum quantity of available water supply shall be eight hundred gallons
per connection per day and a pumping rate of one gallon per minute per connection.
(C) Compliance.
(i) Water systems must be in compliance with state and local design and construction
requirements and with on-going requirements set forth by state regulation.
(ii) Source wells must be constructed according to the requirements set forth by WAC
173-160. Proper permitting and notification to state and local departments shall be
adhered to.
(iii) A water right permit or certificate of surface water right shall be obtained from the
Washington State Department of Ecology where required by RCW 90.03 and 90.44.
(b) Group A Public Water Systems.
(1) Prior to issuance of a building permit, the water system manager provides, in writing, verification
that the water system is able and willing to provide water to the new connection and that doing
so will not exceed limits imposed upon the system by any state and local regulation. Verification
in writing will be accomplished by signing a statement on an application form; and
(2) Upon receipt of the application form, the Washington State Department of Health is consulted
and the Washington State Department of Health determines that the water system is adequate.
(c) Individual Sources.
(1) Prior to issuance of the building permit, a copy of the water well report, a satisfactory
bacteriological report, and a capacity test is attached to the application; and
(2) Upon receipt of the application, documentation will be reviewed for the following:
(A) Quality.
(i) A satisfactory bacteriological analysis is required.
(ii) In areas of water quality concern, the same requirements apply as described in
subsection (a)(2)(A)(ii) of this section.
Page 2
(B) Quantity. The same requirements apply as described in subsection (a)(2)(B) with the
exception that appropriate conservation in conjunction with adequate storage measures
may be used to justify a daily volume of less than eight hundred gallons.
(C) Compliance. The same requirements apply as described in section (d), subsections
(a)(2)(C)(i) and (ii) and assurance that the water source will not interfere with existing water
rights;
(d) New connections including individual sources Group A and Group B Accessory Dwelling Units.
and additional bedrooms, will comply with the following:
(i)Any permit-exempt groundwater withdrawal associated with a water well constructed
before January 19 2018 is deemed to have evidence of adequate water supply under this
section,
(ii) An applicant whose building location is in Water Resource Inventory Area (WRIA) 14,
15 and 22 shall pay a fee of five hundred dollars to Mason County and record relevant
water restrictions or limitations with the property title;
(iii) Except as provided in (iv) of this subsection an applicant whose building location is
within WRIA 14 and 15 may obtain approval for a withdrawal exempt from permitting under
RCW 90.44.050 for domestic use only, with a maximum annual average withdrawal of nine
hundred fifty gallons per day per connection;
iv An application whose building location is within WRIA 22 may obtain approval for a
withdrawal exempt from permitting under RCW 9.44.050 for domestic use only, with a
maximum annual average withdrawal of three thousand gallons per day per connection,
(v) Upon the issuance of a drought emergency order under RCW 43.83B.405, Ecology
may curtail withdrawal of groundwater exempt from permitting under RCW 90.44.050 and
approved under this subsection (C) (iii) to no more than three hundred fifty gallons per day
per connection for indoor use only;
vi Notwithstanding the limitation to no more than three hundred fifty gallons per day per
connection for indoor use only, an applicant may use groundwater exempt from permitting
to maintain a fire control buffer during a drought emergency order.
(3) A surface water source will be determined to be adequate or issuance of a building permit upon
receipt of a copy of the certificate of surface water right and evidence of an appropriate
disinfection method is attached to the application.
6.68.050- Determination of adequacy for division of land.
(a) Group B or Two-Party Public Water Systems.
(1) New Water System.
(A) The water system is completely installed and meets all state and local regulations; or
(B) Moneys, under the name of Mason County health services, totaling one hundred thirty-five
percent of a bid obtained from an appropriate contractor for the entire cost of drilling the
well, obtaining approvals, and installing the system, is placed either into an escrow account
or a bond to secure completion of the work after the well site location is passed.
Page 3
(2) Existing Water System. The same requirements apply as described in subsection 6.68.040(a).
(b) Group A Public Water System. The same requirements apply as described in subsection
6.68.040(b).
(c) Individual Water Sources.
(1) Individual water sources will be adequate for land division when the lots meet the sizing criteria
in WAC 246-272-20501. The following disclaimer shall be placed on the face of the plat when
potable water is not available for each parcel at the time of subdivision approval:
"The lots, parcels or tracts contained within this land segregation have been created after
establishing a potable water supply meeting all state and local regulations."
(2) In areas where a water quantity or quality problem may exist, the following may be required:
(A) Well logs of adjacent properties;
(B) One or more well drilled;
(C) Water study by a qualified hydrogeologist.
6.68.070-Appeals.
Decisions of the director of health services may be appealed to the Mason County board of health.
Appeals must be made in writing within twenty working days of the decision which is being disputed. A
hearing date shall be scheduled with the board for their next regular meeting. All appeals shall be sent to
the board in writing via certified mail with return receipt requested.
Page 4
14.48.150- New development and redevelopment—Minimum requirements.
Development of individual, detached, single-family residences and duplexes exceeding two thousand
square feet of impermeable surfacing must have a small parcel erosion and sediment control plan, and a
residential site improvement plan (which includes a written description of the proposed work and
development) prepared and submitted for county review and approval.
Nonresidential development exceeding five thousand square feet of impermeable surfacing and/or
land disturbing activities of one acre or more must have the large parcel ESC plan (if required) and the
permanent stormwater quality control (PSQC) plan (if required) prepared and stamped by a licensed civil
engineer.
All applicants shall manage stormwater runoff on-site to the extent practicable by maximizing
infiltration including using low-impact development techniques as defined in the most current version
of the Stormwater Manual for Western Washington produced by Washington State Department of
Ecology, or pursuant to stormwater management requirements adopted by Mason County,where more
stringent.
(1) New Development.
(A) All new nonresidential development that includes the creation or addition of five thousand
square feet, or greater, of new impervious surface area, and/or land disturbing activity of
one acre or greater, shall comply with minimum requirements #1 through #11 in
subsections (3)through (13) of this section.
Compliance shall be demonstrated through the implementation of an approved
stormwater site plan consisting of a large parcel ESC plan and a PSQC plan, as
appropriate.
(B) All new nonresidential development that includes the creation or addition of five thousand
square feet, or greater, of new impervious surface area, and land disturbing activity of less
than one acre, shall comply with minimum requirements #2 through #11 in subsections (4)
through (13) of this section and the small parcel minimum requirements found in Section
14.48.140 above. This category of development shall also prepare a stormwater site plan
that includes a small parcel erosion and sediment control plan.
Compliance shall be demonstrated through the implementation of an approved
stormwater site plan that includes a small parcel erosion and sediment control plan and a
PSQC plan.
(C) All new residential development and redevelopment (individual, detached, single family
residences and duplexes) that includes the creation or addition of two thousand square
feet, or greater of new impervious surface area, shall prepare a small parcel erosion and
sediment control plan which complies with minimum requirements #1 through #5 in
Sections 14.48.140(1) through 14.48.140(5), and shall prepare a residential site
improvement plan which includes a written description of the proposed work and
development. The small parcel erosion and sediment control plan along with the residential
site improvement plan should show and describe how development impacts are proposed
to be mitigated.
Compliance shall be demonstrated through the implementation of approved erosion
and sediment control plan, and a residential site improvement plan.
(2) Redevelopment.
(A) Where nonresidential redevelopment of greater than or equal to five thousand square feet
occurs:
The new development minimum requirements #1 through #11, subsections (3)
through (13), shall apply to that portion of the site that is being redeveloped, and source
control BMPs shall be applied to the entire site, including adjoining parcels if they are part
of the project. A stormwater site plan shall be prepared.
(B) In addition to the above requirements, where one or more of the following conditions
apply, a stormwater site plan shall also be prepared that includes a schedule for
implementing the minimum requirements to the maximum extent practicable, for the entire
site, including adjoining parcels if they are part of the project. An adopted and implemented
basin plan (minimum requirement #9) may be used to develop redevelopment
requirements that are tailored to a specific basin.
(i) Existing sites greater than one acre in size with fifty percent or more impervious
surface.
(ii) Sites that discharge to a receiving water that has a documented water quality
problem. Subject to local priorities, a documented water quality problem includes, but
is not limited to water bodies:
a. Listed in reports required under Section 305(b) of the Clean Water Act, and
designated as not supporting beneficial uses;
b. Listed under Section 303(d) of the Clean Water Act as not expected to meet
water quality standards or water quality goals;
C. Listed in Washington State's Non-point Source Assessment required under
Section 319(a) of the Clean Water Act that, without additional action to control
non-point sources of pollution cannot reasonably be expected to attain or
maintain water quality standards.
(iii) Sites where the need for additional stormwater control measures has been identified
through a basin plan, the watershed ranking process under Ch. 400-12 WAC, or
through Growth Management Act planning.
(3) Minimum Requirement #1: Erosion and Sediment Control. All new development and
redevelopment that includes land disturbing activities of one acre or greater shall comply with
erosion and sediment control requirements 1 through 14, below. Compliance with the erosion
and sediment control requirements shall be demonstrated through implementation of a large
parcel erosion and sediment control plan.
All new development and redevelopment that includes land disturbing activities of less than
one acre shall comply with the small parcel minimum requirements found in Section 14.48.130,
above. Compliance with the small parcel requirements shall be demonstrated through
implementation of a small parcel erosion and sediment control plan.
The following erosion and sediment control requirements shall be met:
(A) Erosion and Sediment Control Requirement#1: Stabilization and Sediment Trapping. All
exposed and unworked soils shall be stabilized by suitable application of BMPs. From
October 1 to April 30, no exposed and unworked soils shall remain unstabilized for more
than two days. From May 1 to September 30, no exposed and unworked soils shall remain
unstabilized for more than seven days. Prior to leaving the site, stormwater runoff shall
pass through a sediment pond or sediment trap, or other appropriate BMPs.
(B) Erosion and Sediment Control Requirement#2: Delineate Clearing and Easement Limits.
In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas
and their buffers, trees, and drainage courses.
(C) Erosion and Sediment Control Requirement #3: Protection of Adjacent Properties.
Properties adjacent to the project site shall be protected from damage by sediment
deposition.
(D) Erosion and Sediment Control Requirement #4: Timing and Stabilization of Sediment
Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and
other BMPs intended to trap sediment on-site shall be constructed as a first step in
grading. These BMPs shall be functional before land disturbing activities take place.
Earthen structures such as dams, dikes, and diversions shall be seeded and mulched
according to the timing indicated in erosion and sediment control requirement#1.
(E) Erosion and Sediment Control Requirement #5: Cut and Fill Slopes. Cut and fill slopes
shall be designed and constructed in a manner that will minimize erosion. In addition,
slopes shall be stabilized in accordance with erosion and sediment control requirement#1.
Supplemental Guidelines: Consideration should be given to the length and steepness
of the slope, the soil type, upslope drainage area, ground water conditions, and other
applicable factors. Slopes which are found to be eroding excessively within two years of
construction must be provided with additional slope stabilizing measures until the problem
is corrected.
(i) Roughened soil surfaces are preferred to smooth surfaces on slopes (see BMP E2.35
in Chapter II-5).
(ii) Interceptors (see BMP E2.55 in Chapter II-5) should be constructed at the top of long
steep slopes, which have significant drainage areas above the slope. Diversions or
terraces may also be used to reduce slope length.
(iii) Concentrated stormwater should not be allowed to flow down cut or fill slopes unless
contained within an adequate temporary or permanent channel, or pipe slope drain
(see BMP E2.25 in Chapter II-5).
(iv) Wherever a slope face crosses a water seepage plane which endangers the stability
of the slope, adequate drainage or other protection should be provided (BMPs E2.30
and E2.75 in Chapter II-5).
(F) Erosion and Sediment Control Requirement #6: Controlling Off-site Erosion. Properties
and waterways downstream from development sites shall be protected from damage by
erosion due to increases in the volume, velocity, or peak flow rate of stormwater runoff
from the project site.
(G) Erosion and Sediment Control Requirement #7: Stabilization of Temporary Conveyance
Channels and Outlets. All temporary on-site conveyance channels shall be designed,
constructed and stabilized to prevent erosion from the expected velocity of the peak flow
from a two-year, twenty-four hour frequency storm for the developed condition.
Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and
downstream reaches shall be provided at the outlets of all conveyance systems.
(H) Erosion and Sediment Control Requirement #8: Storm Drain Inlet Protection. All storm
drain inlets made operable during construction shall be protected so that stormwater runoff
shall not be discharged offsite or be introduced into any fill area without first being filtered
or otherwise treated to remove sediment.
(1) Erosion and Sediment Control Requirement #9: Underground Utility Construction. The
construction of underground utility lines shall be subject to the following criteria:
(i) No more than five hundred feet of trench shall be opened at one time, unless
provisions are made to protect against adverse stormwater impacts.
(ii) Where consistent with safety and space considerations, excavated material shall be
placed on the uphill side of trenches.
(iii) Trench dewatering devices shall discharge into a sediment trap or sediment pond.
(J) Erosion and Sediment Control Requirement #10: Construction Access Routes.
Construction vehicle access shall be, whenever possible, limited to one route. Access
points shall be stabilized to minimize the tracking of sediment onto public roads.
Wherever construction vehicle access routes intersect paved roads, provisions must
be made to minimize the transport of sediment (mud) onto the paved road. If sediment is
transported onto a road surface creating a hazard, the roads shall be cleaned immediately,
and thoroughly cleaned at the end of each day. Sediment shall be removed from roads by
shoveling or sweeping and be transported to a controlled sediment disposal area. Street
washing shall be allowed only after sediment is removed in this manner.
(K) Erosion and Sediment Control Requirement #11: Removal of Temporary BMPs. All
temporary erosion and sediment control BMPs shall be removed within thirty days after
final site stabilization is achieved or after the temporary BMPs are no longer needed.
Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting
from removal shall be permanently stabilized.
(L) Erosion and Sediment Control Requirement #12: Dewatering Construction Sites. Trench
dewatering devices shall be discharged in a manner that will not adversely affect flowing
streams, drainage systems, or offsite property. Water discharged from dewatering pumps
shall be routed through a sediment pond or trap unless it is clear.
(M) Erosion and Sediment Control Requirement #13: Control of Pollutants Other Than
Sediment on Construction Sites. All pollutants other than sediment that occur on-site
during construction shall be handled and disposed of in a manner that does not cause
contamination of stormwater.
(N) Erosion and Sediment Control Requirement #14: Maintenance. All temporary and
permanent erosion and sediment control BMPs shall be maintained and repaired as
needed and in a timely manner to assure continued performance of there intended
function. All maintenance and repair shall be conducted in accordance with an approved
manual.
(0) Erosion and Sediment Control Requirement #15: Financial Liability. Performance
bonding, or other appropriate instruments, may be required to ensure compliance with the
approved erosion and sediment control plan.
(4) Minimum Requirement #2: Preservation of Natural Drainage Systems. Natural drainage
patterns shall be maintained, and discharges from the site shall occur at the natural location to
the maximum extent practicable.
(5) Minimum Requirement#3: Source Control of Pollution. Source control BMPs shall be applied
to all projects to the maximum extent practicable. Source control BMPs shall be selected,
designed, and maintained according to an approved manual. An adopted and implemented
basin plan (minimum requirement#9) may be used to develop source control requirements that
are tailored to a specific basin, however, in all circumstances, source control BMPs shall be
required for all sites.
(6) Minimum Requirement #4: Runoff Treatment BMPS. All projects shall provide treatment of
stormwater. Treatment BMPs shall be sized to capture and treat the water quality storm, defined
as the six month, twenty-four hour storm. The first priority for treatment of stormwater shall be to
infiltrate as much as possible of the water quality design storm into the ground. (Infiltration
BMPs practices shall be in accordance with Chapter III-3 of the PSWQA Manual) Pretreatment
of stormwater prior to infiltration into the ground may be required in cases where:
(A) The stormwater contains high concentrations of undesirable dissolved chemicals that can
move through soil.
(B) The stormwater contains large amounts of sediment that might clog the infiltrative
surfaces in the basin.
(C) The soils are extremely pervious and will not properly filter the stormwater as in the case
for some gravelly (type one) soils.
Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except
for necessary conveyance systems as approved by the director.
An adopted and implemented basin plan (minimum requirement #9) may be used to
develop runoff treatment requirements that are tailored to a specific basin.
The objectives of providing stormwater treatment BMPs are, for both surface and
ground waters, to protect the quality and quantity, to allow attainment of the designated
uses, and to meet state standards promulgated under Chapter 173 of the Washington
Administrative Code.
(7) Minimum Requirement#5: Streambank Erosion Control. The requirement below applies only to
situations where stormwater runoff is discharged directly or indirectly to a stream, and must be
met in addition to meeting the requirements in Minimum Requirement #4, Runoff Treatment
BMPs:
Stormwater discharges to streams shall control streambank erosion by limiting the peak
rate of runoff from individual development sites to fifty percent of the existing condition two-year,
twenty-four hour design storm while maintaining the existing condition peak runoff rate for the
ten-year, twenty-four hour and one hundred-year, twenty-four hour design storms. As the first
priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable,
only if site conditions are appropriate and ground water quality is protected. Streambank erosion
control BMPs shall be selected, designed, and maintained according to an approved manual.
Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for
necessary conveyance systems as approved by the director, and maintained according to the
1992 manual.
An adopted and implemented basin plan (minimum requirement #9) may be used to
develop streambank erosion control requirements that are tailored to a specific basin.
(8) Minimum Requirement #6: Wetlands. Stormwater discharges to wetlands shall maintain the
wetland's natural hydroperiod and flows to the extent needed to preserve or enhance its existing
functions and values. Prior to proposing discharge of higher volumes of stormwater to a
wetland, alternative discharge, detention, and infiltration practices located in areas outside the
wetland shall be evaluated and employed by the project engineer where feasible and
practicable.
These requirements apply to existing natural wetlands and wetlands created as mitigation
for loss of wetland acreage. Wetlands constructed and operated solely for use as stormwater
treatment/storage areas are exempt from these and most other restrictions that apply to natural
wetlands. Constructed wetlands may lose this exemption if not operated and maintained as
stormwater areas for three or more years. Other local, state, or federal wetland protection
requirements may also apply.
(9) Minimum Requirement #7: Water Quality Sensitive Areas. Where the Mason County
commissioners or their designee determine that the minimum requirements do not provide
adequate protection of water quality sensitive areas, either on-site or within the basin, more
stringent controls shall be required to protect water quality. An adopted and implemented basin
plan (minimum requirement#9) may be used to develop requirements for water quality sensitive
areas that are tailored to a specific basin.
(10) Minimum Requirement#8: Off-site Analysis and Mitigation.
Downstream Analysis May Trigger Additional Requirements. The project engineer shall
provide a detailed qualitative analysis of the flow path of the discharge from the project site to
the receiving water. This requirement shall apply to all projects where a drainage and erosion
control plan is prepared, including those proposing retention facilities. This analysis shall include
flow routing, and provide existing pipe and channel sizes and estimated capacities. In addition,
the project engineer shall discuss any known or expected downstream erosion, flooding, or
water quality problems, including those that may be caused by interflow from the proposed
retention facility. The director or designee shall have the discretion to specify the distance and
level of detail to be provided by the project engineer. In making this determination, the director
or designee shall consider such factors as the relative size of the new development, availability
of other hydrologic work for the drainage area, and the extent to which stormwater generated on
the project site is to be infiltrated.
Based upon this analysis, the project engineer may determine or the director or designee
may require that a quantitative analysis of the conveyance system be performed both upstream
and downstream of the project site. A quantitative analysis will not be required for most projects
that propose to infiltrate most or all stormwater. This analysis shall determine conveyance
system performance for the appropriate design event(s) both with and without the proposed
development. The director or designee shall have the discretion to specify the distance and
level of detail to be provided by the project engineer. The director or designee shall consider
factors such as the relative size of the new development, availability of other hydrologic work for
the drainage area, and the results of the qualitative analysis, in making this determination.
The quantitative downstream analysis will include modeling the hydraulics of the proposed
project and all other sources of runoff tributary to the receiving water body for the appropriate
design event. The project engineer shall include an analysis of the impact of the twenty-four
hour, one hundred-year event (in addition to "Design Event" analysis) for each component of
the system including pond spillway.
The director or designee may impose stricter discharge and/or detention standards if the
discharge from the project, evaluated in the context of other existing conditions in the drainage
area, is reasonably expected to result in any of the following:
(A) Flooding;
(B) Loss of aquatic habitat due either to high or low flows;
(C) Property damage;
(D) Water quality problems;
(E) Erosion;
(F) Or an unacceptable interruption of vital services.
If the project engineer (or director or designee) determines that greater treatment,
infiltration and/or storage volumes, lower release rates, or downstream improvements are
needed, he/she shall specify project design criteria or other means to relieve the downstream
problems (providing that such solution will not violate minimum standards established in the
1992 manual). Other means might include increases in downstream flow capacity and/or offsite
detention and infiltration facilities, plans and financing for which will be subject to the approval of
the director or designee.
(11) Minimum Requirement #9: Basin Planning. Basin Plan Supersedes 1992 Manual. If a
proposed project is located in a basin or sub basin for which the county has an adopted basin
plan, stormwater requirements specifically identified in the basin plan shall take precedence
over those provided in this chapter. However, all other elements detailed in this chapter shall
continue to apply to such projects. Basin plans are required to be developed according to an
approved manual.
(12) Minimum Requirement #10: Operation and Maintenance. An operation and maintenance
schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or
parties) responsible for maintenance and operation shall be identified. An operation and
maintenance (O&M) Covenant will be required to cover all privately owned and maintained
stormwater facilities approved by the director. O&M covenant forms are available at the Mason
County public works office. A copy of the completed instrument, shall be recorded with the
county auditors' office by the proponent, and a copy of the recorded instrument is required to be
submitted to the public works department prior to final approval of the completed permanent
stormwater facilities.
(13) Minimum Requirement #11: Financial Liability. Performance bonding, or other appropriate
instruments shall be required for all projects to ensure compliance with these standards.
(14) Variances from These Standards. Variances from these standards may be allowed at the
discretion of the director or designee provided that the proponent will substantially meet flow
control and water quality goals established by or implicit in these standards. Compliance with
ordinance requirements shall normally occur within the project area, but may be performed as
offsite mitigation in certain situations. Examples of cases when variances may be approved
includes, but are not limited to, the following:
(A) That the special conditions and circumstances exist which are peculiar to the land, such
as size, shape, topography, or location, and that literal interpretation of these standards
would deprive the property owner of rights commonly enjoyed by other properties similarly
situated; or
(B) That the site is being remodeled and certain site investigations would be destructive to
existing structures; or
(C) That remodels of existing projects which are either too small or so configured that in the
director's or designee's opinion some requirements of the manual cannot practically be
met; or
(D) That public works or private sector projects are in an existing road right-of-way, which is
not of adequate size to install preferred BMPs and for which right-of-way cannot be
expanded because of encroaching structures or setbacks for existing structures.
All requests for variances must be submitted in writing to the director or designee, and
must clearly state the specific section(s) of the ordinance from which a variance is requested
and why.
(15) Experimental BMPs. Experimental best management practices are defined as BMPs, which
have not been tested and evaluated by the Department of Ecology in collaboration with local
governments and technical experts. Some so-called experimental BMPs will likely be minor
variations on an existing theme. In that case, Ecology would review and approve or disapprove
the BMP in as timely a manner as possible. Where new designs are developed (examples of
experimental BMPs may be found in Section 1-2.17.2 of the PSWQA Manual), the review will be
extended through the use of a standing committee of technical experts. These persons will
review and comment on the practice, and Ecology will then determine whether or not these
BMPs should be approved and/or added to the manual.
(A) Approval of Experimental BMPs. Approval to use an experimental BMP may be granted
subject to initial approval by the Department of Ecology and the local government. If such
experimental BMPs prove useful they may be incorporated into later editions of the manual
following appraisal of the results and appropriate technical review conducted by Ecology in
collaboration with local governments and other interested parties. Approval to use an
experimental BMP will only be granted when a suitable contingency plan using approved
BMPs has been provided by the applicant to be used in the event that the experimental
BMP does not perform adequately.
In addition, several experimental BMPs have been included in the 1992 manual.
People may wish to use these BMPs on a trial basis, subject to approval by the local
government and provision of a contingency plan. In any event, use of experimental BMPs
is encouraged whenever applied research is being undertaken so that more information is
made available to facilitate judgement on their applicability and possible adoption as an
approved BMP.
(Ord. 81-08 (part), 2008).
Attachment A
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Lydia Buchheit Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Community Services-Public Health EXT: _404
COMMISSION MEETING DATE: 2/27/18 Agenda Item # 0
(Commissioner staff to cohplete)
BRIEFING DATE: 2/26/18
BRIEFING PRESENTED BY: Lydia Buchheit
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency: We learned a week ago through an
email from the grantors that we are to bring our evaluator to the mandatory training on
March 6-9, 2017 and need the contract in place.
ITEM:
Personal Services Contract for mandatory evaluation services of our Federal
Comprehensive Opioid Abuse Site-based Program (COAP) with LGA Consulting LLC.
BACKGROUND:
Our 3-year COAP grant requires contracting with a professional evaluator to help with
collection, monitoring, analysis, and reporting on pre-established program outcomes,
objectives, goals and action plans. We utilized an evaluation resource website,
Department of Health, Alcohol & Drug Institute and other referrals to locate our
evaluator.
BUDGET IMPACTS:
None—The grant funding is already in the 2018 budget and costs of this contract are
covered.
RECOMMENDED ACTION:
Approval of Personal Services Contract for evaluation services of our COAP Federal
Grant.
ATTACHMENT(S):
Personal Services Contract with LGA Consulting Services LLC.
I:\Marissa W\Public Health\CA COAP Evaluator 2-27-I8.doc
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT ID COAP EVALUATION 2018-2020
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as "COUNTY" and LGA Consulting LLC, hereinafter referred to as"CONTRACTOR."
Contracted Entity LGA Consulting LLC
Address 1400 Fones Rd SE Apt 8-301
City, State, Zip Code Olympia, WA 98501
Phone (850) 241-4155
Primary Contact: Name, Title Lachezar (Lucky) Anguelov
Primary Contact: E-mail I.g.anguelov@gmail.com
Total Award/Contract Value $19,775
Contract Term 03/01/2018-09/30/2020
Special Conditions
Funding Source: Federal Funding—Bureau of Justice Assistance Cooperative Agreement
2017-AR-BX-K033
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Extension:
The duration of this CONTRACT may be extended by mutual written consent of the parties, for
a period of up to one year, and for a total of no longer than three years.
Compensation:
CONTRACT total values are not to exceed $19,775.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
1
benefits, or any other rights or privileges afforded to employees of COUNTY. The
CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients
other than COUNTY, will report all income and expense accrued under this CONTRACT to the
Internal Revenue Service, and has a tax account with the State of Washington Department of
Revenue for payment of all sales and use and Business and Occupation taxes collected by the
State of Washington.
CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B,"
by documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
Unless specifically stated in Exhibit "B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
2
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit "B."
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY.
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.
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Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated
during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation, disability, or veteran status, except where such constitutes a
bona fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf,
CONTRACTOR shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that the
foregoing provision shall not apply to contracts or sub-contractors for standard commercial
supplies or raw materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Work Product:
CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior
to the release of the final payment for services.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY, to the extent such action is based on the claim that information
supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay
those costs and damages attributable to any such claims that are finally awarded against
COUNTY in any action. Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim.
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B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
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CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties.
Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the
extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify
COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
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Administration Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's
Community Services Director and his or her designee, as COUNTY's representative, hereinafter
referred to as the Administrative Officer, for the purposes of administering the provisions of this
CONTRACT, including COUNTY's right to receive and act on all reports and documents, and
any auditing performed by the COUNTY related to this CONTRACT.
The Administrative Officer for purposes of this CONTRACT is:
Lydia Buchheit, Community and Family Health & Human Services Manager
Mason County Community Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 293
Fax: 360-427-7787
E-mail: LydiaB@co.mason.wa.us
Financial Contact:
Casey Bingham, Finance Manager
Mason County Public Health and Human Services
415 N. 6th Street
Phone: 360-427-9670 Ext. 562
Fax: 360-427-7787
E-mail: caseyb@co.mason.wa.us
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT. Notices and other communication may be conducted via
e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including
delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
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same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available project funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in
court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
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arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief(including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought
within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which
arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or
issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior
to a written request or demand for arbitration issued under this Agreement are not subject to
arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of Mason County and the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB) circulars and federal and state executive orders.
B. Funding source agreement(s)
C. Exhibit C Insurance Requirements
D. Special Conditions
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E. General Condition
F. Exhibits A and B
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as
of the date and year last written below.
LGA Consulting LLC BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Lachezar Anguelov, PhD, Owner Randy Neatherlin, Chair
Dated: Dated:
APPROVED AS TO FORM:
Tim Whitehead. Chief DPA
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EXHIBIT A
SCOPE OF SERVICES
1. Document the impact of the opioid epidemic based on local, regional, or state-level data
2. Develop an evaluation plan, in conjunction with project staff
3. Train project staff as needed
4. Design or select data collection instruments
5. Implement data collection procedures
6. Establish and overs confidentiality procedures
7. Conduct site specific or cross-site evaluation
8. Track quarterly performance measures, including measures associated with future
naloxone administrations as well as treatment engagement and retention.
9. Assist with data collection needed to support the proposed project. Data
ownership/stewardship and uses, will be determined by BJA (Funder) in agreement with
Mason County (Grantee) and Evaluator.
10. Work closely with all stakeholders to develop secure database systems with the
following purposes:
11. Storing data on grantees' activities for analysis
12. Ensure that programming decisions are responsive to current demands and consistent
with resources and document the impact of the opioid epidemic based on local, regional,
and/or state-level data.
13. Establish a process of off-site monitoring and reporting on grantees' work
14. Creating the foundations for the evaluation of the grant implementation and outcomes
15. Timeline and deliverables as follows:
Project Phase Milestone or Deliverable Estimated Completion Date
Conduct systematic analysis Data analyzed by Evaluator End of Month 3
of available data(#7 above) Data analyzed by Evaluator End of Month 12
Data analyzed by Evaluator End of Month 24
Data analyzed by Evaluator End of Month 36
Grant closed-out by BJA Final report TBD by Grant Schedule
16. Write progress and final evaluation reports and send electronically to Lydia Buchheit,
Manager lydiab@co.mason.wa.us
17. Attend staff, board and funder meetings as required or needed
18. Present findings to board and community stakeholders
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EXHIBIT B
COMPENSATION
A. Compensation:
1. CONTRACTOR will be compensated according to the fee schedule below.
2. Required COAP training travel costs will be reimbursable according to Mason County travel
policy and GSA per diem rates in addition to the total contract amount.
B. Requests for Payment:
1. At a minimum the invoice is to include: performance period; date of submission;
CONTRACTOR's name, remittance address and phone number; invoice total; and any
additional applicable information.
2. Submit via e-mail or hard copy as preferred to:
Casey Bingham, Finance Manager
caseyb@co.mason.wa.us
3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete
and accurate invoice
Fees
Project Phase Description
Conduct systematic analysis
of available data
End of Month 3 $1,458 Data collected and analyzed; site
visits at the end of month 3
End of Month 12 $4,374 Data is collected and analyzed;
site visits to inter-local
agreement participants
End of Month 24 $5,832 Data is collected and analyzed;
site visits to inter-local
agreement participants
End of Month 36 $5,832 Data is collected and analyzed;
site visits to inter-local
agreement participants
TBD by Grant guidance $2,279 Data is collected and analyzed;
site visits to inter-local
agreement participants;
literature review on innovative
and evidence-based strategies is
completed; final report is
completed and shared with
interested stakeholders
Total Fees/Costs $19,775
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EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact
equivalent. Coverage for an additional insured shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage, including without limitation, blanket contractual
liability.
2. Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits for CONTRACTOR's, with two (2) or more
employees and/or volunteers, no less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,
non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per
accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If
CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this
project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such
person.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
C. Basic Stipulations:
1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as
additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG
20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors,
subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR
(hereinafter"indemnifying parties") to comply with these provisions.
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the
applicability of any insurance proceeds, and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others by
CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation
condition as to COUNTY, or must specifically allow the named insured to waive subrogation
prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional
requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of
coverage that may affect COUNTY's protection without COUNTY's prior written consent.
5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to
COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required
and, b) an additional insured endorsement to CONTRACTOR's general liability policy using
Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR
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agrees, upon request by COUNTY to provide complete, certified copies of any policies required
within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance
it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged
to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any
actual or alleged failure on the part of COUNTY or any other additional insured under these
requirements to obtain proof of insurance required under this CONTRACT in no way waives any
right or remedy of COUNTY or any additional insured, in this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to
be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary
non-contributing basis in relation to any other insurance or self-insurance available to COUNTY.
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion
of the insurance required herein and further agrees that it will not allow any indemnifying party
to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-
insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY
may review options with CONTRACTOR, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its
employees or agents face an exposure from operations of any type pursuant to this
CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated
for any reason. Termination of this obligation is not effective until COUNTY executes a written
statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements.
Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain
insurance with limits of liability that exceed the required limits or coverage that is broader than
as outlined above, those higher limits and broader coverage shall be deemed to apply for the
benefit of any person or organization included as an additional insured and those limits shall
become the required minimum limits of insurance in all Paragraphs and Sections of this
CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to COUNTY and approved of
in writing.
11. The requirements in this Exhibit supersede all other sections and provisions of this
CONTRACT to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
12. Unless otherwise approved by COUNTY, insurance provided pursuant to these
requirements shall be by insurers authorized to do business in Washington and with a minimum
A.M. Best rating of A-:VII.
13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in this
CONTRACT limits the application of such insurance coverage.
14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior
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to cancellation of such liability coverage or of any material alteration or non-renewal of any such
coverage, other than for non-payment of premium. CONTRACTOR shall assure that this
provision also applies to any subcontractors, joint ventures or any other party engaged by or on
behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will
provide thirty (30) days' notice to COUNTY of any cancellation of coverage.
15. COUNTY reserves the right at any time during the term of the CONTRACT to change the
amounts and types of insurance required by giving the CONTRACTOR ninety (90) days
advance written notice of such change. If such change results in substantial additional cost to
the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's
compensation.
16. Requirements of specific coverage features are not intended as limitation on other
requirements or as waiver of any coverage normally provided by any given policy. Specific
reference to a coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve COUNTY.
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