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HomeMy WebLinkAbout2018/07/17 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 July 17, 2018 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 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 9:30 a.m. 7. Approval of Minutes — 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 to appoint Janice Loomis to the Mason County Board of Equalization to fill the remainder of a vacant three year term ending May 31, 2019. 8.2 Approval to adopt a resolution establishing reasonable criteria to allow electronic signatures to be accepted as intent to sign documents received and issued within the county's authority. 8.3 Approval of the sub-recipient agreement with Community Action Council of Lewis, Mason and Thurston Counties and approval to have the Chair sign the sub-recipient agreement. 8.4 Approval of Warrants Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 51230-51607 $ 668,433.79 Salary Clearing Fund Warrant #s 7003741-7003778 $ 931,253.93 Total $ 1,599,687.72 8.5 Approval to award $37,500 from the Treatment Sales Tax fund and enter into contrat with Consejo Counseling for an 18 month term with a start date of July 1, 2018. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 07/12/18 10:43 AM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA July 17, 2018— PAGE 2 9. Other Business (Department Heads and Elected Officials) 10. 9:30 a.m. Public Hearings and Items Set for a Certain Time- No hearings. 11. Board's Reports and Calendar 12. Adjournment J:WGENDAS\2018\2018-07-17 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: July 17, 2018 No. 4.1 ITEM: Correspondence 4.1.1 John Worthington sent in a tort claim for the use of WestNet. 4.1.2 Attorney General of Washington sent in notice of complaint for Lake Limerick Homeowners Association (HOA). 4.1.3 State of Washington Department of Archaeology & Historic Preservation (DAHP) sent in notice that Ebenezer Congregational Church 18500 SR 3, Allyn has been relisted in the Washington Heritage Register. 4.1.4 Washington State Liquor and Cannabis Board sent a liquor license application for Assumption 23800 Northeast State Route 3, Belfair. 4.1.5 Patrick Byrne and Gordon & Lesley Nelson sent in letters regarding Notice of Application for the Scott Pit proposal. 4.1.6 Washington State Liquor and Cannabis Board sent a marijuana license application for Evergreen Growpro 50 West Westfield Court Unit C, Shelton. 4.1.7 Kenneth Boston sent in a letter regarding Lake Kokanee. Attachments: Originals on file with the Clerk of the Board. TORT CLAIM FOR DAMAGES Cc:CMMRSNeat1he'rlin, Shhutty, Drexler Clerk )`�;I I M JI Vel Wn T. July 3, 2018 Kitsap County Commissioners Kitsap County Department of Administrative Services 614 Division St. MS - 7 Port Orchard, WA 98366 Mason County Commissioners Clerk of the Board of Mason County Comissioners 411 5th (RECEIVED Shelton WAA 98584 Pierce County Council �, JUL 06 2018 Pierce County Risk Management °I' 955 Building Mason County 955 Tacoma Ave. S. Commissioners Suite 303 Tacoma, WA 98402 To the Counties of Kitsap, Mason and Pierce, By now you have received my tort claim for the illegal use of the unlawful entity WestNET to seize monies and collect fines, fees, restitution and court costs since the year 1995. Please be advised that this tort is being filed ex-rel for the people of Washington State. To date the Counties have not acknowledged receiving the tort claims so I am refilling them. I will explain the exact nature of the tort claims in the most simplest of terms. Your Prosecutors filed court documents depicting WestNET as a legal entity after they had all signed an interlocal agreement,with a section dedicated to ensuring that the component entities were not creating a legal entity. Kitsap County went one step farther. They informed defendants and their attorneys, that they were WestNET, then when they appeared in court,they answered to WestNET and stated they were WestNET. They then accepted property and monies after a Judge who obviously thought they were WestNET, signed orders grnating either default or forfeiture to "WestNET and WestNET alone." I have asked the Washington State Attorney General to enforce the terms of the Washington State Department of Trade and Economic Development and the Washington State Department of Commerce contracts and recapture the monies paid to WestNET component entities which used WestNET instead of the component entity to conduct its financial affairs. The Washington State Attorney General has refused to enforce the language of the contract so I am now able to proceed in his stead. 1 TORT CLAIM FOR DAMAGES When the Prosecutors used the name WestNET to collect monies they violated state and federal law and also violated the terms of the JAG grant contract as it was agreed to.All the counties signed the statement of assurances and must now pay back those grant monies to the state and federal sources from which they came.This will be a rico fraud,garden variety fraud,and other causes of action complaint filed in the U.S. District Court District of Columbia.This tort claim will also apply to any federal tort claims requirements to loaned federal employees or borrowed federal servants under the Westfall Act. (All WestNET jurisdictions signed a HIDTA,ONDCP marijuana eradication grant which agreed to enforce a federal drug control strategy. Sample of legal charges: I. INTRODUCTION 1.1 This is a complex class action for RICO remedies authorized by the federal statutes at 18 U.S.C. 1961 et seq and Criminal Profiteering Act, Wash. Rev. Code Ann. §§ 9A.82.001-.904 (West 1988 & Supp. 1999) and RCW 7.24; for declaratory and injunctive relief; for actual, consequential and exemplary damages; and for all other relief which this honorable Court deems just and proper under all circumstances which have occasioned this Initial COMPLAINT. (See 18 U.S.C. §§ 1964(a)and(c) ("Civil RICO"), and Criminal Profiteering Act, Wash. Rev. Code Ann. §§ 9A.82.100 (West 1988 & Supp. 1999); and other causes of action. This action is brought by plaintiffs, individually, and on behalf of all persons similarly situated, against defendants Michael Dorcy, Russell Hauge, Tina Robinson, Mark Lindquist, Kitsap County Prosecutors Office, Mason County Prosecutors Office, Pierce County Prosecutor's Office, Meridith Green,the Kitsap County Treasurers Office, Duane Davidson,the Washington State Treasurer's Office, Callie Dietz, the Washington State Administration of the Courts (AOC), Jefferson Beauregard Sessions III, the U.S. Department of Justice,Jeffery Felten-Green, the Bureau of Justice Assistance Office of Programs, Jovita Carranza, the U.S. Department of Treasury, John Doe and Jane Doe. 1.2 The primary cause of this action throughout the Class Period, as defined below, the defendants knowingly and unlawfully created a widespread criminal enterprise engaged in a pattern of racketeering activity by collecting unlawful monies as the unlawful enterprise 2 TORT CLAIM FOR DAMAGES WestNET, and a conspiracy to engage in racketeering activity as the unlawful entity WestNET, involving numerous RICO predicate acts during the past seventeen (17) calendar years and is ongoing. 1.3 The predicate acts alleged here cluster around the use and conduct of WestNET as a legal entity, despite the express terms of an interlocal agreement, that purported not to be creating a legal entity, and the unlawful collection and disbursement of monies and property collected by WestNET . See 18 U.S.C. §§ 1956. Criminal Profiteering Act, Wash. Rev. Code Ann. §§ 9A.82.001-.904 (West 1988 & Supp. 1999). The defendants have in affect knowingly entered into a criminal enterprise to commit crimes of racketeering and money laundering in the name of the unlawful entity WestNET, after signing a WestNET interlocal agreement, agreeing by contract not to be creating a legal entity, while simultaneously informing multiple courts that WestNET did not legally exist.1 1.4 Other RICO predicate acts were actually part of the overall conspiracy and pattern of racketeering activity alleged herein, e.g. mail fraud. See 18 U.S.C. §§ 1341. 1.5 The primary objective of the WestNET racketeering enterprise has been to use an admitted unlawful enterprise named WestNET,to seize and obtain forfeited cash and property, and also unlawfully collect fines, fees and restitution. These acts injured Worthington and others similarly situated. 1.6 Plaintiffs seek damages and injunctive and other appropriate relief for defendants' violations of RICO , state organized crime statutes and other causes of action as alleged more fully below. 1.7 Plaintiffs seek a writ of mandamus ordering the return of all monies collected as Kitsap County and the State of Washington are judicially estopped from claiming WestNET was a legal entity. 3 TORT CLAIM FOR DAMAGES WestNET since the year 1995 and the return of all grant monies to their original state and federal Sources in that same time frame. II. PARTIES 3.1 The plaintiff is John Worthington Plaintiff is a "person," as that term is defined pursuant to Section 1961(3) of RICO. Plaintiffs are others similarly situated and a "person," as that term is defined pursuant to Section 1961(3) of RICO. Worthington was raided by WestNET, who pretended to be conducting a DEA raid while seizing his property. Worthington eventually sued WestNET for hiding public records. During the subsequent court case, WestNET admitted it did not legally exist in 2010. 8 years later the Washington State Supreme Court upheld a Court of Appeals ruling the WestNET did not legally exist. Worthington was mandated to pay WestNET court costs. Other plaintiffs were ordered to pay WestNET fines fees and restitution, while others were ordered to forfeit cash and property to the enterprise WestNET. Worthington filed this timely action within one year of that ruling. 3.2 The defendants are Russ Hauge, Tina Robinson, Michael Dorcy, and Mark Lindquist, and the Prosecutor's offices of Kitsap County, Mason County and Pierce County, who are responsible for all the acts of deputy prosecutors under RCW 36.27, after they created and used the unlawful enterprise WestNET to obtain monies and properties. Russ Hauge, Tina Robinson, Michael Dorcy, and Mark Lindquist and their respective offices is a"person," as that term is defined pursuant to Section 1961(3) of RICO. WestNET is an"enterprise"as that term is defined pursuant to Section 1961(4) of RICO. 3.3 The defendants are also Meredith Green and the Kitsap County Treasurer's office that are 4 TORT CLAIM FOR DAMAGES in custody of the WestNET fund, which holds money unlawfully obtained using the unlawful enterprise WestNET. The Agency Kitsap County Treasurer's office is culpable for acts of the elected and prior elected for the time period dating back to 2000. Meredith Green and the Kitsap County Treasurer's office is a"person," as that term is defined pursuant to Section 1961(3)of RICO. WestNET is an"enterprise" as that term is defined pursuant to Section 1961(4)of RICO. 3.4 The defendants are also Duane Davidson and the Washington State Treasurer's Office who are in custody of the judicial information system account, and in custody of other Washington State accounts which contains or has contained asset forfeiture shares from the WestNET fund obtained using the unlawful entity WestNET. Washington State Treasurer's Office is the culpable agency for the current and past elected in custody funds obtained by the unlawful WestNET. Duane Davidson and the Washington State Treasurer's Office is a"person," as that term is defined pursuant to Section 1961(3)of RICO. WestNET is an "enterprise"as that term is defined pursuant to Section 1961(4) of RICO. 3.5 The defendants are also Callie Dietz and the Washington State Administration of the Courts, a Washington State Agency maintaining and administering the judicial information account created under RC W 2.68, which contains or has contained monies,obtained using the unlawful enterprise WestNET. Washington State Administration of the Courts is the culpable Agency for the current and past appointed or assigned administer of the judicial information account. Callie Dietz and AOC is a"person," as that term is defined pursuant to Section 1961(3) of RICO. WestNET is an"enterprise" as that term is defined pursuant to Section 1961(4) of RICO. 3.6 The defendants are also Jovita Carranza and the U.S. Treasury Department, which is in custody of the asset forfeiture account WestNET member agencies agreed to a federal equitable 5 TORT CLAIM FOR DAMAGES sharing agreement, which contains or has contained, unlawfully obtained debts using the unlawful entity WestNET. The U.S. Treasury Department is the culpable agency for the current and past appointed or assigned treasurer of the equitable asset sharing account. Jovita Carranza and the U.S. Treasury Department is a"person," as that term is defined pursuant to Section 1961(3)of RICO. WestNET is an"enterprise" as that term is defined pursuant to Section 1961(4) of RICO. 3.7 The defendants are also Jefferson Beauregard Sessions III,the U.S. Department of Justice, Jeffery Felten-Green, and the Bureau of Justice Assistance office of programs, which funded the multi jurisdictional drug task force WestNET. Defendant Sessions is also in custody of the asset forfeiture and money laundering section, a separate account under the equitable sharing agreement signed by WestNET member entities, which contains or has contained, unlawful debts obtained using the unlawful entity WestNET. The U.S. Department of Justice is the culpable Agency for the current and past elected, appointed or assigned employees which held total control over the existence and finances of the unlawful entity WestNET. Jefferson Beauregard Sessions III, the U.S. Department of Justice,Jeffery Felten-Green, and the Bureau of Justice Assistance office of programs is a"person," as that term is defined pursuant to Section 1961(3)of RICO. WestNET is an "enterprise" as that term is defined pursuant to Section 1961(4) of RICO. 3.8 The defendants are also numerous John and Jane Does who took part in the collection of monies and assets and who spent said monies obtained by the sales of said assets for a period of at least 17 years. The identity of who would be unduly burdensome and impracticable. This complaint would proceed against them under the Bivens v. Six Unknown 6 TORT CLAIM FOR DAMAGES Named Agents, 403 U.S. 388 (1971). John and Jane Does is a"person," as that term is defined pursuant to Section 1961(3)of RICO. WestNET is an "enterprise"as that term is defined pursuant to Section 1961(4)of RICO. I am asking for 18 million dollars to cover the estimated costs of all monies collected by WestNET component counties since 1995 and the grant monies collected during that same time frame. .�L WAwil— fohn Worthington 4500 SE 2ND PL Renton WA.98059 7 Cc CMMRS Neatherlin, Shutty, Drexler Clerk C Y 9 SHR:G Bob Ferguson ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 20000 Seattle, WA 98104-3188• (206)464-6684 July 6, 2018 RECEIVE Mason County Commissioners 411 N 5th Street JUL Q 9 2016 Shelton, WA 98584 Mason County RE: Douglas Ronald Brayton Commissioners File#: 533452 Dear Randy Neatherlin, Chair: Enclosed,please find information our office received as a consumer complaint. We are forwarding this to you to process in accordance with your agency's procedures. We will retain a copy of the consumer complaint and referral information as a public record. If you have questions our email address is CRCComplaintsaATG.WA.GOV. Please include the complaint number given above on any complaint correspondence. Sincerely, RUTH E. HOLBROOK Consumer Resource Center Unit Supervisor Consumer Protection Division 1-800-551-4636 for in-state callers 1-206464-6684 for out-of-state callers Enclosure(s) was included in a Washington State Dept of Ecology and Squaxin island Tribe and Mason County, Ecology grant to restore a salmon habitat at The Lake located at Lk limerick Community and golf course (780 E st Andrews dr Shelton WA 98584) via Dredging project and removal of non-native (NON INDIGENOUS IVY-2000 sgft)plant species and re-planting of idigenous plants to replace the ground cover. The Lake limerick HOA performed the Defoliant Herbicide application applying the Defoliant repeatedly on the property . This action of application killed the IVY and all surrounding vegatation and required that we plant at least 500 sgft of ground cover(45??incline hillside)to prevent further erosion damage to the hillside. I (Douglas R Brayton 11 1002 E st Andrews dr Shelton WA 98584)have worked to restore the yard and soil to complete the groundcover before next season of rain. While working to re-plant the hillside I have noticed an odd smell from the soil and i am experiencing nausea, loss of appetite,headaches,blurred vision I believe there is chemical residue the soil (weeds will not grow in the soil despite being watered repeatedly). I have scheduled an appointment with my physician for Friday 9 am and I need to know the chemical APPLIED to the property so as to rule out toxicity. I have requested the chemical name or MSDS number of this chemical from the HOA Administration, Washington State dept of Ecology, Mason County conservation district, Mason County health Dept, Washington State Poison control center, Mason County health Dept, Mason County public works,Administrative Lead at Mason County conservation, Field Supervisor at Mason County conservation. Supervisor at the Washington State department of Ecology.NO RESPONSE FROM ANY ENTITIES . I have not received ANY information concerning this chemical, its application nor any information concern for my personal health concerns as I have reiterated in this brief report. I am scheduled to see my physician on Friday June 28th I have contacted all of these entities and shared this information. There have been no replies thus far to my simple request,I am in belief there is scandalous behavior and possible corruption occurring within this grant recipients group. I am also under the belief that a Federally Regulated Substance was illegally applied to the property located on a body of water(Lake Limerick Wa)where I reside-all of my requests for permit information or chemical identification have not been answered as of June 28th. I believe there is a conspiracy to withhold information to avoid penalties. I have also contacted an attorney advising I seek help from the State of Washington for relief and this simple request. I am contacting the Attorney general office as I have no other recourse and need relief or recommendations as I am concerned about my health and the behaviors surrounding my simple requests. Thank you for your time in reading the information I provided. Douglas R Brayton II 1002 E saint Andrews dr Shelton WA 98584 PO BOX 13045 Olympia Washington 98508 Cell phone 360 463 3037 hm 360 463 3037 What do you think the business should do to resolve your complaint? Explain if you have circled 'Other': SIGNATURE I acknowledge that my complaint and attachments, once submitted,become public records and may be disclosed to others in response to a Public Records Request. Complaint information received by this office will be exported into the FTC's database, Consumer Sentinel, a secure online database. This data is then made available to thousands of civil and criminal law enforcement authorities worldwide. I declare,under penalty of perjury under the laws of the State of Washington,that the information contained in this complaint is true and accurate, and that any documents attached are . i true and accurate copies of the originals. I authorize the Washington State Attorney General's Office to contact the party(ies) against which I have filed this complaint in an effort to reach an amicable resolution. I authorize the party(ies) against which I have filed this complaint to communicate with and provide information related to my complaint to the Washington State Attorney General's Office. By selecting NO below, I acknowledge that the Attorney General's Office will not contact the party (ies)named in my complaint and will not attempt to facilitate resolution of my complaint with the party(ies). My complaint will be kept by the Attorney General's Office for informational purposes. Signature Douglas Brayton Date June 28 2018 Received via the Internet City and State where signed Olympia, WA Cc:CMMRS Neatherlin, Shutty, Drexler Clerk Allyson Brooks Ph.D.,Director State Historic Preservation Officer July 5, 2018 RECEi The Honorable Kevin Shutty JUL o9 2018 Mason County Commission 411 N 5th Street Mason County Shelton, Washington 98584 Commissioners Dear Commissioner Shutty: I am delighted to inform you that the Ebenezer Congregational Church at 18500 SR 3, Allyn has been relisted in the Washington Heritage Register, where it joins over 1,900 other historic and culturally significant properties which have been recognized for their unique contributions to Washington's heritage. Additionally, I am pleased to report to you that the nomination will be sent to the Keeper of the National Register in Washington, D.C., with a request that the property be listed in the National Register of Historic Places. Having a property listed in one or both of these registers is an honor. The benefits of State and National Register listing include potential fax credits, property fax deductions and code waivers to protect the integrity of the resource. Listing of a property does not impose federal or state restrictive covenants or easements nor will it result in a taking. However, listing in the National Register of Historic Places and/or the Washington Heritage Register does assure protective review of a property should a federal or state action have a potential adverse effect to the property's historic values. We will inform you when official notification of National Register listing is received from the National Park Service. Please do not hesitate to contact our State and National Register Coordinator, Michael Houser, at (360) 586-3076 if you have any questions or comments. Sincerely, �X�/w I Allyson Brooks, Ph.D. State Historic Preservation Officer State of Washington • Department of Archaeology& Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wo.gov Cc:CMMRS Neatherlin, Shutty, Drexler Clerk t Washington State �+�► �1 ��l 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.wea.gov RE:ASSUMPTION DATE: 7/10/18 From NINA&NEETU CORP. Dba BELFAIR GROCERY APPLICANTS: ROHEEN LLC License: 077879 - 1F County:23 SINGH,JASWINDER U B I: 604-300-647-001-0001 1985-07-30 Tradename: BELFAIR CHEVRON THIND,JAGROOP SINGH 1983-11-01 Loc Addr: 23880 NE STATE ROUTE 3 BELFAIR WA 98528-9677 Mail Addr: 10650 SE 2134TH ST KENT WA 98031-2045 RECEIVED VSE® Phone No.: 206-335-0104 JASWINDER SINGH Privileges Applied For: JUL 14 2018 GROCERY STORE-BEER/WINE 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 To: Kevin Shutty, District 2 Commissioner, Mason County From: Patrick Byrne RE: Scott Sand and Gravel Mine Greetings Commissioner Shutty, I am one of the property owners that received the Notice of Application for the Scott Pit proposal. As you know, the notice was sent only to property owners of record living within 300 feet of the pit. I have made efforts to inform my neighbors and the larger community of the extent of the impact this proposal will have on Lower Hood Canal. am presenting a petition to David Windom, Community Development Director, requesting a hearing on this matter prior to Final Determination of the Mitigated Determination of Nonsignificance. This petition is signed by 124 residents and property owners along the North Shore from Wagon Wheel Road to just past Blomlie Road. Having distributed the petition, I can say that people were mostly shocked and dismayed by the extent of the proposal. They voiced concerns about many impacts that are not addressed in the Application and SEPA Checklist. The use of the pit as a commercial business is disputed by the neighbors, some of whom have lived on the North Shore since the 1930's, without exception. As community members we feel strongly that it is essential to have an open, public discussion on a project affecting the Public Interest in ways that will affect the future of our children and grandchildren. Many of the petitioners have held their property in their families for decades and generations. Two of the signators have lived on the North Shore for 70 years. I am also asking you, Commissioner Shutty, for an appointment as soon as possible to discuss this important matter and the associated concerns involved. Thank You 0711012619 Patrick Byrne PO BOX 2776 Belfair, WA 98528 com ENCLOSURE: COPY OF PUBLIC HEARING REQUEST 10 PAGES Public Hearing Request Petition Regarding the Scott Sand and Gravel Mine Proposal We the undersigned adamantly insist that the Mason County Department of Community Services hold a Public Hearing regarding the proposal for a sand and gravel mine by Grump Ventures LLC (SEP2018-00035) prior to Final Determination of the Mitigated Determination of Nonsignificance. 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Print name Signature email Date Address 3 Co,.,, 36 COW\ 3 -qXr.;� 14) Z t J6, �(0,.A G Rua �cx�a l�►� r ( Gas7�t t �Ju 1 Y2 ��f�Q� �4 s�Q,r,.�� ,ham+ cj_I$ -�cO 2 I N 6—T �f`f �4v►�(VU ev 144 l cis yn is ,,.s %Z( c2 Ili o��1.� l,w r Qt 4 D i t�-C gig a �� -•tl,�Z�l�� ;l. ���� wol Nc -Ali GVP" 50 v Li � r -5 �� Public Hearing Request Petition Regarding the Scott Sand and Gravel Mine Proposal We the undersigned adamantly insist that the Mason County Department of Community Services hold a Public Hearing regarding the proposal for a sand and gravel mine by Grump Ventures LLC (SEP2018-00035) prior to Final Determination of the Mitigated Determination of Nonsignificance. Print name Signature email Date Address k4 OLVXV') YL 1 10 O INS 15c! o f os,_, �� �-•'2 . 7 1 J - �c.s1��-ArP1`�� •rs/�' `3�1 n�.� �a-�.s �S qnw �r15 PQ k- 56 WM f�'6)dW Vl d�� (� b �i' -Y -1001 �� V rna ov�sl r 7 -1001 psi f.oyt skme 58 - T 3�2-,.o iv-S/df"-- d� `� r3i✓G tit Cjj' iC,UA 51 �\ Gyre cc +.- M`r, q b tl e bZ \�& owt J- ,y Ll I� -Al IF ,¢�(�.fr,�y el , Ow 4 t✓[-1�(2ct,. �.c� �(Sr S Public Hearing Request Petition Regarding the Scott Sand and Gravel Mine Proposal We the undersigned adamantly insist that the Mason County Department of Community Services hold a Public Hearing regarding the proposal for a sand and gravel mine by Grump Ventures LLC(SEP2018-00035) prior to Final Determination of the Mitigated Determination of Nonsignificance. Print name Signature email Date Address W-A v eCa �aFs3 NE Nor1�i Slur I� � 6 d r 1 YN e 4) cjt (_G�.v�.�.a �( �0 1 e-50 S n C7 1n L c •``n? 70 - 6 CIa��� Q - soFls h,5has^c 72- jo �� m�c�gstiolb 7 q ) S rd 74 ��,,fie, s ���G�� P ���C�lc 4�� 52,01 N£Norl56 (� T, � S-)'4 V 715 5 zo ► NC N or`N,5 j �h �r�enrprr� X of N� t4vt4h S of ?6&rc, &tY 0 P, °1 -77 . Z-1 Ile 79 �/Z,�, dwt 71 r M//mak_ Ax�0&m 7-w J e23 Public Hearing Request Petition Regarding the Scott Sand and Gravel Mine Proposal We the undersigned adamantly insist that the Mason County Department of Community Services hold a Public Hearing regarding the proposal for a sand and gravel mine by Grump Ventures LLC (SEP2018-00035) prior to Final Determination of the Mitigated Determination of Nonsignificance. Print name Signature email Date Address nn ohnrs�l• t, v < �lSjlf - 51 nt: nb, adv S�4? g3 JUm�� C-ulnz/ 4d((W 04f oA -11,5)1222 VQl Z� $ 6 g� M� 6� c Z 4 �15I�w 2zz�Z s�z 2sd"'t — IUW4 �' � 4�-\\ c\ off\ �\ �� c�4 f1�S�► � N� �Ju� �R- ,9�SZ� �7 �; uj hactSn,� ah )0,awl Sup Nk �S11c -t r S� 1,k c�,�t c� r s s Z i N ��-�, s�... F Sus�.�► q AV 5371 A/-r-AA)ro/e l � itA A rA Cc f��& Uja 1� S -ffo` ; � Cir 7 ec P� Public Hearing Request Petition Regarding the Scott Sand and Gravel Mine Proposal We the undersigned adamantly insist that the Mason County Department of Community Services hold a Public Hearing regarding the proposal for a sand and gravel mine by Grump Ventures LLC(SEP2018-00035) prior to Final Determination of the Mitigated Determination of Nonsignificance. Print Name Signature Address Email Phone Date q� ,����� '� ►r �Il t�.�� �, (. 2-� fit$ 21 o �7-7-J$ c7 I k ff gg 1301 1(1 C- Lakes 12d �4 q Br r,���stY.. s4 1� (66ULLIAJA�427-1ar w���1 C�7s I A� 1oi m���I SII I�'�� AV, JU. on-Ot<< 36o a� � 034 S' -71-7/1,$T 102 r c 3 (`� �� �D arlc�r� e C� a 7.�-`!S E 7 l8 103 19 CO Public Hearing Request Petition Regarding the Scott Sand and Gravel Mine Proposal We the undersigned adamantly insist that the Mason County Department of Community Services hold a Public Hearing regarding the proposal for a sand and gravel mine by Grump Ventures LLC (SEP2018-00035) prior to Final Determination of the Mitigated Determination of Nonsignificance. Print Name Signature Address Email Phone Date pq 1' 1•C`L`7G��a .ri / 39 o-s i 9r-a 4- as 107 �� r �n So�dhe;� off-- 54,1-0t1� (�,��o� 1Z� S'��s��dhe� w, ZEao�+lo ,moo,., �z 18 (07 r -- ' I -7- i i 12 �Gj ,� L ct h o �A/ air' n 3C() ^27 '�4� 113 7-7-13 r� Public Hearing Request Petition Regarding the Scott Sand and Gravel Mine Proposal We the undersigned adamantly insist that the Mason County Department of Community Services hold a Public Hearing regarding the proposal for a sand and gravel mine by Grump Ventures LLC (SEP2018-00035) prior to Final Determination of the Mitigated Determination of Nonsignificance. Print Name Si ature Address Email Phone Date 114 041733�t�v�,i,� � 117 -;-o20otJ NrC5o h/,rv, ' l WJE- b+tJW,,.J Q-D coo-L.o.�atsu.L ce+-►.ZoCo z�.�Ga�j �-�- (� '110 LP--,5UI tijFUW -74 I,JE La .t, 'ej. 73+--josa r 11-7 1J!/ - "d NE !.4' PON Oe 1) r JAA I A IJ 4k LOO ael. .206/•!O 43 l l g 011�h �M Ot-- C �'v�c `a ®�iat�ie� • •� `/��SSZ/.S`8s�t,' 7 7- /9 I iq Nim %fie a oar r-ad.Co 3C 6 a 7 5 4&5 l� Pr-9A 21 0601,Ile- ` � 22 motc 12-3 [,S",kv\y\ ►P-4- 0 I�t �S S1�tU�e VI ,n` V r�a or►. �� t0 Opt SC) �D to ea� Public Hearing Request Petition Regarding the Scott Sand and Gravel Mine Proposal We the undersigned adamantly insist that the Mason County Department of Community Services hold a Public Hearing regarding the proposal for a sand and gravel mine by Grump Ventures LLC (SEP2018-00035) prior to Final Determination of the Mitigated Determination of Nonsignificance. Print Name Signature Address Email Phone Date I:J&a 17/7 Xt Cc:CMMRS Neatherlin, Shutty, Drexler Clerk 8 July 2018 RECOV D Mr Michael MacSems Mason County Planning J U L 112018 Department of Community Services 615 W Alder St Mason County Shelton,WA 98584 Commissioners Dear Mr MacSems, We are residents of Mason County at 741 NE Landon Road,Belfair,a property we've owned for over 28 years. We recently became aware of a proposed sand and gravel mining development across the road and up the hill from the Port of Allyn's marina and boat launch.We have not seen any notice of a public hearing for this project. This letter is to express grave concerns about the proposed project and to request that further consideration in greater detail be made by the County before such a project is allowed to go forward. In an email to you on 27 June,my neighbor Patrick Byrne outlined a series of serious shortcomings in the project analysis and unanswered questions concerning the proposed project,issues which we concur should be examined fully by all the various authorities before anything proceeds further. For example,we would emphasize that,contrary to the promoter's assertion,we have never seen any evidence of a sand and gravel operation on that site during the past 28 years.Where are the continuous business accounts and tax evidence? This proposed project seems to be an entirely new land use project,which we understand is today prohibited under Rural Residential Zoning. We would like to highlight another issue: namely,the proposed ingress/egress access points on North Shore Road.The existing old dirt road is immediately around a bend in the road;the proposed new access road is at the bottom of a hill and bend. Slow-moving heavy trucks and trailers entering North Shore Road at these two points would seem a recipe for disaster for serious accidents especially by west-bound traffic. I would submit that the risk of serious injuries and/or fatalities in such accidents is high. For those of us who chose to live in this beautiful,natural setting on Lower Hood Canal,the proposed project would permanently damage our environment—eg,noise pollution,air pollution,possible water run-off and contamination issues,and especially huge traffic congestion problems on North Shore Road/SR300, in Belfair and on SR3.This is a rural residential community,not an industrial or mining area. As such,the proposed project should not be allowed to go forward- We orwardWe would respectfully request that you and your staff respond to this letter and the issues raised herein, and to all the issues raised in Patrick Byrne's 27 June email. Sincerely, / /'A/ U ,)1d Gordon and Lesley Nelson 741 NE Landon Road Belfair,WA 98528 Copies:Mr David Windom,Director,Community Services Mr Randy Neatherlin,Mason County Commissioner, District 1 Mr. Kevin Shutty,Macon County Commissioner,District 2 v4s.Terri Drexler, Mason County Commissioner,District 3 Cc:CMMRS Neatherlin, Shutty, Drexler Clerk � 1 U Washington State _ liquor and Cannabis Board NOTICE OF MARIJUANA 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://lcb.wa.gov RETURN TO: localauthority@sp.lcb.wa.gov DATE: 7/11/18 TO: MASON COUNTY COMMISSIONERS RE: CHANGE OF CORPORATE OFFICERS/STOCKHOLDERS APPLICATION U B I:603-354-925-001-0001 APPLICANTS: License: 416412 -7R County:23 EVERGREEN GROPRO LLC Tradename: EVERGREEN GROPRO FAULS, FRANCIS BERNARD Loc Addr: 50 W WESTFIELD CT UNIT C 1954-02-14 SHELTON,WA 98584 FAULS, LINDA MARIE (Spouse) 1959-12-26 Mail Addr: 1910 4TH AVE E PMB 32 TRACY,STEVEN CHRISTOPHER OLYMPIA,WA 98506-4632 1987-01-13 JACKSON,ZACHARY EADEA Phone No: 360-280-4085 FRANK FAULS 1986-09-13 Privileges Applied For: MARIJUANA PRODUCER TIER 2 JUL 11 2018 MARIJUANA PROCESSOR Mason County Commissioners As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana 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 Marijuana CHRI desk at(360)664-1704. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4. If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s) are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Drexler Clerk From: <kennzenn58@gmail.com > RECEIVE® To: <dlz@co.mason.wa.us> Date: 7/11/2018 7:23 AM JUL 112018 Subject: Question Received from the Mason County Website - From: Kenneth Boston Mason County Dept Sent To: Commissioners Staff Commissioners Message: This message is in regards to the "no internal combustion engines allowed on lake Kokanee ". As a fisherman and avid canoeist , I would love to see Kokanee an electric motor only lake. Kokanee is special. It's only 150 acres in size with no bank, and is great for fishing and kayakers. It's quiet and peaceful. Gasoline engines are noisey, and I have seen fuel spills in the water several times. Wakes caused by boats have swamped many a kayakers. It's very nice to have a lake that's electric motor only. Lake Cushman is big enough for internal combustion engines ,and is large enough that the noise doesn't become an issue. Please keep Kokanee pristine and a nice quiet place to enjoy nature's beauty without the sounds, smells and wakes made by gasoline engines. Make lake Kokanee special. Thank you for your support. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Becky Rogers Action Agenda X Public Hearing Other DEPARTMENT: Support Services/Board of Equalization EXT: 268 COMMISSION MEETING DATE: 7/17/2018 Agenda Item # Commissioner staff toEom tete BRIEFING DATE: 7/9/2018 BRIEFING PRESENTED BY: Becky Rogers [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to appoint Janice Loomis to fill the remainder of a vacant 3 year term, on the Mason County Board of Equalization, which will end on 5/31/2019. Background: Per RCW 84.48.026, terms of members are three years. On 5/1/2018, a News Release was circulated seeking applicants to fill a position that will expire on 5/31/2021. Four applicants applied for the position and were interviewed by the County Commissioners on 6/5/2018. Deborah Reis was reappointed to fill the position. Subsequently, a resignation was received from R.A. McKibbin creating a vacant position through 5/31/2019. RECOMMENDED ACTION: Approval to appoint Janice Loomis to a vacant 3-year term, on the Mason County Board of Equalization, which will end on 5/31/2019. Attachment(s): None MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom, Director Action Agenda Kristopher Nelsen, PAC Manager Public Hearing Other DEPARTMENT: Community Services EXT: 359 / 260 COMMISSION MEETING DATE: July 17th, 2018 Agenda Item # Commissioner staff to complete) BRIEFING DATE: July 9th, 2018 BRIEFING PRESENTED BY: Kristopher Nelsen, PAC Manager [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Resolution for Electronic Signature use and acceptance for county business. BACKGROUND: In preparation to increase county efficiencies for day to day operations, RCW 19.360.020, allows local agencies to send and accept electronic submissions and electronic signature, except as otherwise provided by law. To use electronic signatures and submissions, local agencies must establish a method and process for electronic submissions and the use of electronic signatures by ordinance, resolution, or policy. With the amount of time necessary to establish a cohesive countywide policy and procedure for electronic signatures, it is in the best interest of the county to establish an interim resolution to establish the initial basic intent and approval to accept and use electronic signatures while conducting county business. BUDGET IMPACTS: N/A RECOMMENDED ACTION: Adopt resolution to establish reasonable acceptance criteria, to allow electronic signatures to be accepted as intent to sign documents received and issued within the county's authority. ATTACHMENT(S): Proposed Resolution BOARD OF COUNTY COMMISSIONERS MASON COUNY STATE OF WASHINGTON RESOLUTION NO. TO AUTHORIZE THE USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES WHEREAS, Chapter 19.34 RCW, the Washington electronic authentication act, states in RCW 19.34.010(4) that electronic signatures may be used for "official public business to provide reasonable assurance of the integrity, authenticity, and nonrepudiation of an electronic communication;" and WHEREAS, Chapter 19.360 RCW defines local agencies intent, use and acceptance of electronic signatures and records, and WHEREAS, the need to pursue modern methods of serving our citizens while preserving the public's right to access, and judiciously using scarce county resources to achieve maximum benefit; and WHEREAS, in the absence of establish county standards, policies, or guidelines, previously acknowledge electronic signatures, and WHEREAS, such standards, policies, or guidelines must consider reasonable access by and ability of persons to participate in governmental affairs or governmental transactions and be able to rely on transactions that are conducted electronically with the county; and WHEREAS,to provide a single point of access, the county must establish its website to maintain or link to the agency rules and policies established pursuant to RCW 19.360; and WHEREAS, a digital signature under the Washington electronic authentication act is as legal as a written signature if the electronic signature meets adopted county standards, policies, or guidelines; and WHEREAS, passwords used to protect an electronic signature, is the personal property of the user and is exempt from public inspection and copying under Chapter 42.56 RCW; and WHEREAS, a digital message is as valid, enforceable and effective as if it had been written on paper if it satisfies the requirements in RCW 19.34.320; and WHEREAS, per the state board of registration, it is accepted practice for engineering, land surveying and on-site wastewater design documents to be prepared, stored and transmitted in electronic format; and WHEREAS, an electronically signed document is an original of that document. NOW,THEREFORE, BE IT RESOLVED, the County Commissioners, after due deliberation and in the best interest of the public, does hereby authorize County employees who are designated by the Department Head or Elected Official to accept electronic signatures or may electronically sign documents within their designated authority, providing that: 1. The applicant and/or employee does not provide information they know to be untrue; and 2. The applicant and/or employee is authorized to sign such documents; and 3. The applicant and/or employee has not disclosed their password to any other individual; and 4. The appearance of the electronic signature contains the following: a. For applicants; i. Applicant full first and last legal name ii. Acknowledgement of digital signature in-lieu-of physical signature (e.g. using an "I accept" or"I agree" check box with an affirmation statement), and iii. The date and time of the electronic signature (maybe waived if using self- auditing software) b. For employees; i. Employee's first and last name typed. ii. Title, with county identification number (if applicable, designated authority or department) iii. The date and time of the electronic signature (maybe waived if using self- auditing software) ADOPTED this day of MONTH YYYY. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Terri M. Drexler, Commissioner 71 Tim Whitehead,-Chief DPA Kevin Shutty, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: July 17, 2018 Agenda Item # S-1 Commissioner staff to complete) BRIEFING DATE: July 9, 2018 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Sub-recipient agreement with Community Action Council of Lewis, Mason and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant(CDBG). EXECUTIVE SUMMARY: Mason County applied for and was awarded a Public Services CDBG grant through the Washington Department of Commerce. The County has partnered with the Community Action Council who will provide referrals and/or direct client services for eligible participants who are residents of Lewis or Mason County. This effort is funded under CDBG contract #18-62210-010. The contract total is $104,737 with a performance period of 7/1/18 through 6/30/19. This is a formula grant that can be applied for annually. The County has agreed to serve as the applicant and grantee for this program, and $3,500 in grant funds will be used to off-set administrative costs. The sub-recipient agreement with the Community Action Council is for $101,237. The primary responsibilities include providing referrals for a minimum of 6,000 individuals in Mason and Lewis counties of which a minimum of 3,060 must meet HUD's 51% income qualification and providing direct services and referrals for a minimum of 300 child victims. BUDGET IMPACTS: This project is fully funded by the CDBG grant. RECOMMENDED ACTION: Motion to approve the sub-recipient agreement with Community Action Council of Lewis, Mason and Thurston Counties and allow the Chair to sign the sub-recipient agreement. J:\Jennifer B\Briefing, Agenda,&Public Hearing Items\Budget Action Agenda- CDBG Sub-Recipient Agreement 7.17.18.doc 2018 PUBLIC SERVICES COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT BETWEEN MASON COUNTY AND COMMUNITY ACTION COUNCIL OF LEWIS, MASON AND THURSTON COUNTIES This AGREEMENT is made between Mason County,Washington (herein called the COUNTY)and Community Action Council of Lewis,Mason and Thurston Counties(herein called SUB-RECIPIENT)for the 2017 Public Services Community Development Block Grant(herein called PROJECT). COUNTY and SUB-RECIPIENT are collectively referred to as"PARTIES"to the AGREEMENT. As the Washington State Department of COMMERCE(COMMERCE)is authorized by the federal Department of Housing and Urban Development(HUD)to provide funds to units of the COUNTY selected to undertake and carry out PROJECTS under the Washington State Community Development Block Grant(CDBG) Program in compliance with all applicable local,state,and federal laws, regulations and policies;and As the COUNTY has applied for and received a CDBG award,contract number 18-62210-010(CFDA 14.228),to fund the PROJECT with Federal Award Identification Number B-17-DC-53-0001;and As it benefits the COUNTY to engage the SUB-RECIPIENT to accomplish the Scope of Work and the objectives of the local CDBG PROJECT; The PARTIES agree that: 1. SCOPE OF SERVICES A. COUNTY Responsibilities i The COUNTY is responsible for administration of the CDBG contract,and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with COMMERCE referenced above.The COUNTY will provide such assistance and guidance to the SUB-RECIPIENT as may be required to accomplish the objectives and conditions set forth in this AGREEMENT. The COUNTY is responsible for completing the following tasks to accomplish the objectives of the PROJECT: Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plan and conduct on-site review • Ensure grant activities are completed • Conduct a final public hearing • Complete the grant close-out process with COMMERCE B. SUB-RECIPIENT Responsibilities The SUB-RECIPIENT will complete in a satisfactory and proper manner as determined by the COUNTY the tasks and activities as detailed in "Exhibit A Scope-of-Work"to accomplish the objectives of the PROJECT.The SUB- RECIPIENT will periodically meet with the COUNTY to review the status of these tasks. 1 Principal Tasks • Provide referrals for a minimum of 6,000 individuals in Mason and Lewis counties of which a minimum of 3,060 must meet HUD's 51%income qualification. • Provide direct services and referrals for a minimum of 300 child victims. • Formulate and submit required reports and payment requests to COUNTY in an accurate and timely manner. 2. TIME OF PERFORMANCE The effective date of this AGREEMENT will be the date the PARTIES sign and complete execution of this AGREEMENT through 6/30/2019 and will be in effect for the time period during which the SUB-RECIPIENT remains in control of CDBG funds or other CDBG assets as defined and required by COMMERCE and/or HUD. 3. AGREEMENT REPRESENTATIVES Each party to this AGREEMENT shall have a representative. Each party may change its representative upon providing written notice to the other party.The PARTIES' representatives are as follows: A. SUB-RECIPIENT: John Walsh,CEO Community Action Council of Lewis, Mason and Thurston Counties 420 Golf Road Lacey,WA 98503 360-438-1100 johnw@caclmt.org DUNS#096245428 B. COUNTY: Jennifer Beierle, Budget Manager Mason County 411 N. 5th Street Shelton,WA 98584 360-427-9670 Ext. 644 jb@co.mason.wa.us 4. BUDGET The COUNTY will pass through to the SUB-RECIPIENT no more than$99,289 in CDBG funds for eligible incurred costs and expenses for the PROJECT according to the following budget. PROJECT Budget Element Budgeted Amount 05 Public Services $101,237 Indirect Cost Rate: _% Federally Approved Indirect Rate,or 10%de minimis rate,or fill out"N/A" declining to charge indirect The COUNTY may require a more detailed budget breakdown, and the SUB-RECIPIENT will provide such supplementary budget information in a timely fashion in the form and content prescribed by the COUNTY. Indirect Cost Rate if the SUB-RECIPIENT chooses to charge Indirect under this grant,the SUB-RECIPIENT shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10%of modified total direct costs(MTDC)will be used. 2 "Modified Total Direct Costs(MTDC)"shall mean all direct salaries and wages,applicable fringe benefits, materials and supplies,services,travel,and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment,capital expenditures,and rental costs. Any amendments to this AGREEMENT's Budget must first be determined by the COUNTY as consistent with its CDBG contract with COMMERCE and then approved in writing by the COUNTY and the SUB-RECIPIENT. 5. PAYMENT The COUNTY shall reimburse the SUB-RECIPIENT in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the PARTIES to complete the Scope of Service. Reimbursement under this AGREEMENT will be based on billings,supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the AGREEMENT. Funds available under this AGREEMENT will be utilized to supplement rather than supplant funds otherwise available. It is understood that this AGREEMENT is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by COMMERCE and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may'prescribe. j i 6. PERFORMANCE MONITORING The COUNTY will monitorthe performance of the SUB-RECIPIENT by tracking PROJECT progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds,overseeing compliance with CDBG requirements,and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the COUNTY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUB-RECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT,the COUNTY may,upon written notice,withhold from amounts otherwise due and payable to SUB-RECIPIENT,without penalty, until such failure to perform is cured or otherwise adjudicated.Withholding under this clause shall not be deemed a breach entitling SUB- RECIPIENT to termination or damages, provided that the COUNTY promptly gives notice in writing to the SUB-RECIPIENT of the nature of the default or failure to perform,and in no case more than 10 days after it determines to withhold amounts otherwise due.A determination of the Administrative Office set forth in a notice to the SUB-RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause,without prejudice to any other remedy under the AGREEMENT,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 SUB-RECIPIENT, (3)to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: SUB-RECIPIENT 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 3 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. C. Waiver of Noncompetition: SUB-RECIPIENT 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 the COUNTY,and SUB-RECIPIENT 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 the COUNTY. D. Ownership of Items Produced: All writings, programs,data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT,shall be the sole and absolute property of COUNTY. E. E-verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for$25,000 or more if the primary contract is for$100,000 or more.SUB-RECIPIENT represents and warrants that it will,for at least the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees.The term "employee"as used herein means any person that is hired to perform work for Mason County.As used herein, "status verification system: means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security,also known as the E-Verify Program,or any other successor electronic verification system replacing the E-Verify Program.SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the COUNTY,to provide a copy of each such verification to the COUNTY.SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington.SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB- RECIPIENT to the following: (a)termination of the AGREEMENT and ineligibility for any Mason County contract for up to three(3)years,with notice of such cancellation/termination being made public.In the event of such termination/cancellation,SUB-RECIPIENT would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit.SUB-RECIPIENT will review and enroll in the E-Verify program through this website:www.uscis.gov F. Disputes: Differences between SUB-RECIPIENT and COUNTY,arising under and by virtue of the AGREEMENT Documents,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. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated,the records,orders, rulings, instructions,and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: Subrecipient 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 or COUNTY,or(2)the happening of any event or occurrence, unless Subrecipient 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 Subrecipient 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.Subrecipient 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. H. Detailed Claim: 4 Subrecipient 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,Subrecipient 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. I. Arbitration: Other than claims for injunctive relief brought by a party hereto(which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove,any claim,dispute or controversy between the PARTIES under,arising out of,or related to the AGREEMENT or otherwise, including issues of specific performance,shall be determined by arbitration in Shelton,Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof,as modified by the AGREEMENT.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 AGREEMENT 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 the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator.At the request of either party made no 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 process with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT,the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein,this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: Subrecipient will not communicate directly with COMMERCE concerning this PROJECT without COUNTY's prior approval. 8. GENERAL CONDITIONS A. General Compliance The SUB-RECIPIENT agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations,570(HUD regulations concerning CDBG);and • All other applicable Federal,State and Local laws, regulations,and policies,governing the funds provided under this AGREEMENT. B. CDBG National Obiective The SUB-RECIPIENT certifies the activities carried out under this AGREEMENT meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this AGREEMENT is intended to,or will be construed in any manner,as creating or establishing the relationship of employer/employee between the PARTIES. The SUB-RECIPIENT will at all times remain an "independent contractor"with respect to the services to be performed under this AGREEMENT. The COUNTY will be exempt from payment of all Unemployment Compensation, FICA, 5 retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUB-RECIPIENT is an independent contractor. D. Indemnification To the fullest extent permitted by law,SUB-RECIPIENT will hold harmless,defend and indemnify the COUNTY and its departments,elected and appointed officials,employees, agents and volunteers,from any and all claims,actions,suits,charges and judgments whatsoever that arise out of the SUB- RECIPIENT's performance or nonperformance of the services or subject matter called for in this AGREEMENT.This indemnification obligation of the SUB-RECIPIENT 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 SUB-RECIPIENT 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 SUB-RECIPIENT hereby expressly waives any immunity afforded by such acts.The foregoing indemnification obligations of the SUB-RECIPIENT are a material inducement to COUNTY to enter into the AGREEMENT,are reflected in SUB-RECIPIENT's compensation, and have been mutually negotiated by the PARTIES. SUB-RECIPIENT's initials acknowledging indemnity terms: E. Workers'Compensation The SUB-RECIPIENT will provide Workers'Compensation Insurance Coverage for all of its employees involved in the performance of this AGREEMENT. F. Insurance and Bonding The SUB-RECIPIENT will carry sufficient insurance coverage to protect contract assets from loss due to theft,fraud and/or undue physical damage,and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the COUNTY as detailed in "Exhibit B Insurance Requirements." The SUB-RECIPIENT shall furnish the COUNTY with properly executed certificate of insurance or a signed policy endorsement as"Exhibit C Certificate of Insurance"which shall clearly evidence all insurance required in this section prior to commencement of services.The certificates will,at a minimum, list limits of liability and coverage.The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty(30) days prior written notice to the COUNTY. G. Funding Source Recognition The SUB-RECIPIENT will insure recognition of the roles of COMMERCE,the WA State CDBG program,and the COUNTY in providing services through this AGREEMENT.All activities,facilities and items utilized pursuant to this AGREEMENT will be prominently labeled as to funding source. In addition,the SUB- RECIPIENT will include a reference to the support provided herein in all publications made possible with funds made available under this AGREEMENT. H. Amendments The COUNTY or SUB-RECIPIENT may amend this AGREEMENT at any time provided that such amendments make specific reference to this AGREEMENT,and are executed in writing,signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body.Such amendments will not invalidate this AGREEMENT,nor relieve or release the COUNTY or SUB-RECIPIENT from its obligations under this AGREEMENT. I. Suspension or Termination In accordance with 2 CFR 200.338-9,the COUNTY may suspend or terminate this AGREEMENT if the SUB- RECIPIENT materially fails to comply with any terms of this AGREEMENT,which include(but are not limited to)the following: 6 1. Failure to comply with any of the rules, regulations or provisions referred to herein,or such statues, regulations,executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure,for any reason, of the SUB-RECIPIENT to fulfill in a timely and proper manner its obligations under this AGREEMENT. 3. Ineffective of improper use of funds provided under this AGREEMENT;or 4. Submission by the SUB-RECIPIENT to the COUNTY of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339,this AGREEMENT may also be terminated by either the COUNTY or the SUB-RECIPIENT,in whole or in part, by setting forth the reasons for such termination,the effective date, and, in the case of partial termination,the portion to be terminated. However, if in the case of a partial termination,the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The SUB-RECIPIENT agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The SUB-RECIPIENT will administer its program in conformance with 2 CFR 200.These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The SUB-RECIPIENT certifies that work to be performed under this AGREEMENT does not duplicate any work to be charged against any other contract,subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The SUB-RECIPIENT will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this AGREEMENT and those records described in the CDBG Management Handbook.Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502,and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act,the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal,State and Local laws and regulations applicable to CDBG-funded construction PROJECTS;and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 7 2. Access to Records and Retention The grantee,the Washington State Department of COMMERCE,and other authorized representatives of the state and federal governments shall have access to any books,documents, papers and records of the SUB-RECIPIENT that are directly pertinent to this AGREEMENT for the - purposes of making audit,examination, excerpts and transcriptions. All such records and all other records pertinent to this AGREEMENT and work undertaken under this AGREEMENT will be retained by the SUB-RECIPIENT for a period of six years after final audit of the COUNTY's CDBG PROJECT, unless a longer period is required to resolve audit findings or litigation. In such cases,the COUNTY will request a longer period of record retention. 3. Audits and Inspections All SUB-RECIPIENT records with respect to any matters covered by this AGREEMENT will be made available to the COUNTY,COMMERCE,and duly authorized officials of the state and federal government,at any time during normal business hours,as often as deemed necessary,to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the SUB-RECIPIENT within 30 days after receipt by the SUB-RECIPIENT. Failure of the SUB-RECIPIENT to comply with the above audit requirements will constitute a violation of this AGREEMENT and may result in the withholding of future payments. The SUB-RECIPIENT that expends$750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUB-RECIPIENT audits and 2 CRF 200.501.The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The SUB-RECIPIENT will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this AGREEMENT.The use of program income by the SUB-RECIPIENT will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The SUB-RECIPIENT,at such times and in such forms as the COUNTY may require,will furnish the COUNTY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this AGREEMENT,the costs and obligations incurred or to be incurred in connection therewith,and any other matters covered by this AGREEMENT. D. Use and Reversion of Assets The use and disposition of real property and equipment under this AGREEMENT will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502,570.503,570.504, as applicable,which include but are not limited to the following: 1. The SUB-RECIPIENT will transfer to the COUNTY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this AGREEMENT at the time of expiration, cancellation,or termination. 2. Real property under the SUB-RECIPIENT's control that was acquired or improved,in whole or in part, with funds under this AGREEMENT in excess of$25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10)years after the contract between COMMERCE and the COUNTY is closed. If the SUB-RECIPIENT fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time,the SUB-RECIPIENT will pay the COUNTY an amount equal to the current fair market value of the property less any 8 portion of the value attributable to expenditures of non-CDBG funds for acquisition of,or improvement to,the property after the CDBG program's approval.Such payment will constitute program income to the COUNTY.The SUB-RECIPIENT may retain real property acquired or improved under this AGREEMENT after the expiration of the ten-year period. 3. In cases in which equipment acquired, in whole or in part,with funds under this AGREEMENT is sold, the proceeds will be program income. Equipment not needed by the SUB-RECIPIENT for activities under this AGREEMENT will be (a)transferred to the COUNTY for CDBG-eligible activities as approved by the CDBG program or(b) retained after compensating the COUNTY. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will,on the grounds of race,color,creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of,or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race,color, creed, religion,sex or national origin be excluded from participation in, be denied benefits of,or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975,as Amended No person will be excluded from participation,denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C.610 et. seq.) Section 504 of the Rehabilitation Act of 1973,as Amended No otherwise qualified individual will,solely by reason or his or her disability, be excluded from participation (including employment),denied program benefits,or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C.794) Public Law 101-336.Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will,by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs,or activities of a public entity,or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment,and Business Opportunities: 1. The work to be performed under this AGREEMENT is on a PROJECT assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u.Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower- income residents of the PROJECT area; and contracts for work in connection with the PROJECT be awarded to business concerns which are located in,or owned in substantial part,by persons residing in the area of the PROJECT. 2. The PARTIES to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135,and all applicable rules and orders of HUD and COMMERCE issued thereunder prior to the execution of this contract.The PARTIES to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 9 3. The SUB-RECIPIENT will send to each labor organization or representative of workers with which he has a collective bargaining AGREEMENT or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The SUB-RECIPIENT will include this Section 3 clause in every subcontract for work in connection with the PROJECT and will,at the direction of the applicant,or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD,24 CFR 135.The SUB-RECIPIENT will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR 135,and all applicable rules and orders of HUD and COMMERCE issued hereunder prior to the execution of the contract,will be a condition of the federal financial assistance provided to the PROJECT, binding upon' the applicant or recipient for such assistance,its successors,and assigns. Failure to fulfill these requirements will subject the applicant,or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan AGREEMENT or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The SUB-RECIPIENT will not assign or transfer any interest in this AGREEMENT without the prior written consent of the COUNTY thereto; provided, however,that claims for money due or to become due to the SUB-RECIPIENT from the COUNTY under this contract may be assigned to a bank,trust company,or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the COUNTY and COMMERCE. 2. Conflict of Interest No member of the COUNTY's governing body and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning or carrying out of the PROJECT,will have any personal financial interest, direct or indirect, in this AGREEMENT; and the SUB-RECIPIENT will take appropriate steps to assure compliance. The SUB-RECIPIENT agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611,which includes maintaining a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The SUB-RECIPIENT covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder.The SUB-RECIPIENT further covenants that in the performance of this AGREEMENT, no person having such interest will be employed. 3. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. 10 D. Copyright If this AGREEMENT results in any copyrightable material or inventions,the COUNTY and/or COMMERCE reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use,the work or materials for governmental purposes. E. Religious Activities The SUB-RECIPIENT agrees that funds provided under this AGREEMENT will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j),such as worship,religious instruction,or prose lytization. 11. SEVERABILITY If any provision of this AGREEMENT is held invalid,the remainder of this AGREEMENT will not be affected thereby and all other parts of this AGREEMENT will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER The COUNTY's failure to act with respect to a breach by the SUB-RECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The failure of the COUNTY to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This AGREEMENT constitutes the entire AGREEMENT between the COUNTY and the SUB-RECIPIENT for the use of funds received under this AGREEMENT and it supersedes all prior communications and proposals,whether electronic,oral, or written between the COUNTY and the SUB-RECIPIENT with respect to this AGREEMENT. The attachments to this AGREEMENT are identified as follows: Exhibit A Scope-of-Work and Budget Exhibit B Insurance Requirements Exhibit C Certificate of Insurance Exhibit D Sample Forms and Instructions IN WITNESS WHEREOF,the COUNTY and the SUB-RECIPIENT have executed this AGREEMENT as of the date and year last written below. BOARD OF COUNTY COMMISSIONERS COMMUNITY ACTION COUNCIL OF LEWIS, MASON COUNTY,WASHINGTON MASON and THURSTON COUNTIES Randy Neatherlin,Chair John Walsh, CEO Date: Date: Approved As To Form: Tim Whitehea , 11 EXHIBIT A SCOPE-OF -WORK The Community Action Council of Lewis, Mason and Thurston Counties (CAC)will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (Commerce) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (COUNTY) policies and procedures. It is the CAC's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Conduct participant eligibility screening for Lewis and Mason county residents to determine program eligibility in compliance with CDBG requirements. 2. Provide referrals for a minimum of 6,000 individuals in Mason and Lewis counties of which a minimum of 3,060 must meet current HUD's low-middle income qualifications. 3. Provide Children's Justice and Advocacy Center direct services and referrals for a minimum of 300 eligible residents of Mason and Lewis counties. Services include; resource referrals, advocacy, support case coordination, child forensic interviews, technical assistance for victims of child abuse, and consultation and case support for victims of other crimes. 4. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 3. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to COUNTY on a quarterly basis due September 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Jennifer Beierle and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. County will be responsible for submitting completed requests to COMMERCE. See "Exhibit E Sample Forms and Instructions." B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to COUNTY on a quarterly basis due September 15, January 15,April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Jennifer Beierle. County will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions Jennifer Beierle Mason County 411 N. 5th Street Shelton, WA 98584 jb a( co.mason.wa.us 4. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY. 5. Participate and support on-site compliance reviews conducted by COUNTY per CDBG requirements. 6. Assist COUNTY with all aspects of program administration and requirements including grant close-out process as requested. 7. Assist with preparation of 2019 Public Services Grant application as requested by COUNTY. 12 EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of$101,237 allows for reimbursement requests for staff salaries and benefits. The SUB-RECIPIENT cannot use Community Development Block Grant (CDBG) funds from this AGREEMENT for travel, equipment, contracted services, materials/supplies, other and/or indirect expenses. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, COMMERCE'S CDBG Management Handbook and other guides as well as applicable Mason County's (COUNTY) policies and procedures. 5. SUB-RECIPIENT will provide COUNTY with a copy of the annual A-133 compliant audit within nine months of the end of CAC's fiscal year. 13 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. 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. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. 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 SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or SUB-RECIPIENT 's employees will use personal autos in any way on this project, SUB-RECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf", with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of SUB-RECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUB-RECIPIENT 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. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUB- RECIPIENT also agrees to require all SUB-RECIPIENT s, subcontractors, and anyone else involved in this Contract on behalf of the SUB-RECIPIENT(hereinafter"indemnifying PARTIES") to comply with these provisions. B. SUB-RECIPIENT 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. C. All insurance coverage maintained or procured by SUB-RECIPIENT or required of others by SUB- RECIPIENT 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. D. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. SUB-RECIPIENT shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this Contract. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, 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 SUB-RECIPIENT or deducted from sums due SUB-RECIPIENT. 14 F. It is acknowledged by the PARTIES of this Contract that all insurance coverage required to be provided by SUB-RECIPIENT 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. G. SUB-RECIPIENT 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 SUB-RECIPIENT 's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with SUB- RECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUB-RECIPIENT 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. 15 EXHIBIT D CERTIFICATE OF INSURANCE 16 l ® DATE(MMIDD/YYYY) AC40RV CERTIFICATE OF LIABILITY INSURANCE 1/8/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(fes)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: (OR)Heffernan Insurance Brokers PHONE ' 1c. 5100 SW Macadam,Suite 440 a/ •503-226-1320 ac Na:503 22fi-1478 Portland OR 97239 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA:Philadelphia Indemnily Insurance Company 18058 INSURED COMMACT-08 INSURER B: Community Action Council of Lewis,Mason &Thurston Counties INSURERC: 3020 Willamette Dr.NE INSURERD: Lacey WA 98516 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1662793430 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLITYPE OF INSURANCE INSD BURR POLICYNUMBER MMIDDPOLICYEFF MMIDPOLID EXP LTR LIMITS A X COMMERCIALGENERALLIABILITY Y Y PHPKI720952 10/1/2017 10/12018 EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE Fx-]OCCUR PREMISES Ea occurrence _ $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY❑j�T- F-1 LOC PRODUCTS-COMP/OP AGG $2,000 000 OTHER: $ A AUTOMOBILE LIABILITY PHPK1720952 10112017 10/12018 COMBINED SINGLE LIM $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ =TO BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Par accident A UMBRELLA LIAR X OCCUR PHUB602795 10/12017 10/12018 EACH OCCURRENCE $1,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $1,000,000 DED I X I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liablity PHPK172a952 10/12017 10/12018 Aggregate $2,000,000 Ea.Professional ined $1,000,000 Crime Limit$250,000 Ded.$5,0D0 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re:As per contract or agreement on file with insured.Mason County,its officials,employees and agents are included as an additional insured on General Liability policy per the attached endorsement,if required.Waiver of Subrogation is included on General Liability policy per the attached endorsement,if required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Mason County ACCORDANCE WITH THE POLICY PROVISIONS. attn:Todd Parker 411 N.5th Street AUTHORIZED REPRESENTATIVE Shelton,WA 98584 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD EXHIBIT E SAMPLE FORMS AND INSTRUCTIONS 17 Ocrl , 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: July 17, 2018 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 51230-51607 $ 668,433.79 Salary Clearing Fund Warrant #s 7003741-7003778 $ 931,253.93 Total $ 1,599,687.72 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 $ 11,986,805.63 Direct Deposit YTD Total $ 9,284,330.75 Salary Clearing YTD Total $ 9,909,228.46 Approval of Treasure Electronic Remittances YTD Total $ 6,436,971.38 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 51230-51607 $ 668,433.79 Salary Clearing Fund Warrant #s 7003741-7003778 $ 931,253.93 Total $ 1,599,687.72 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 / Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: COMMISSION MEETING DATE: 3uly 17, 2018 Agenda Item # g,S (Commissioner staff to complete) BRIEFING DATE: June 25, 2018 BRIEFING PRESENTED BY: David Windom/Lydia Buchheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Funding awards from Treatment Sales Tax (TST) Background: A Request for Proposal process resulted in an 18-month award amount for Mental Health & Substance Abuse Treatment Sales Tax to Consejo Counseling in the amount of $37,500. RECOMMENDED ACTION: Approval to award $37,500 from the Treatment Sales Tax fund and enter into contract with Consejo Counseling for a 18 month term with a start date of 3uly 1, 2018. Attachment(s): Contract cover page. Additional documents available upon request. I:\Community Services- Public Health\PH_07.17.18 Action Agenda CONTRACTS_TST.doc MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT# CC-2018.1 ` THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Consejo Counseling, hereinafter referred to as"CONTRACTOR." Contracted Entity Consejo Counseling Address _ _ 627 W. Franklin St. City, State, Zip Code Shelton,WA 98584 Phone 206-461-4880 Primary Contact Name Title Mario E. Paredes _ Primary Contact Phone & E-mail 206-461-4880; MarioParedes@ConsejoCounseling.org Contractor Fiscal Contact Ashlea Gentry Contractor Fiscal Phone & Email 206-461-4880_ac agentry@ConsejoCounseling.org Washington State UBI# 600-287-044 Federal EIN _91-1021247 Total Award/Contract Value $ 37,500 Contract Term Duration July 1, 2018-December 31, 2019 T County Contract Contact Lydia Buchheit, Community Health Manager County Contract Email & Phone Lydia bco.mason.wa.us 360-427-9670 ext 404 _ County Fiscal Contact Casey Bingham, Fiscal Manager I County Fiscal Email & Phone Case b co.mason.wa.us 360-427-9670 ext. 562 PURPOSE The purpose of this contract/grant is to assist the COUNTY in the delivery of chemical dependency or mental health treatment programs and services pursuant to the Revised Code of Washington and according to the Mason County 5-year plan. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Agency Name Randy Neatherlin, Chair 1,w0 „ rI(I vu�i AuthorizeSignature ( ` Date C r �u�1.) i"Y cu'1ruE f �c�` APPROVED AS TO FORM: Print Name V Title 7t `��1ti'� Tim Whitehead, Chief DPA Date Professional Services Contract (rev 05/2018) Page 1