HomeMy WebLinkAbout2018/12/10 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of December 10, 2018
Monday, December 10, 2018
Commission Chambers
9:00 A.M. Support Services — Frank Pinter
9:30 A.M. Community Services — Dave Windom
10:15 A.M. Break
10:30 A.M. Public Works — Jerry Hauth
Utilities & Waste Management
11:15 A.M. Public Defense- Peter Jones
11:30 A.M. WSU Extension — Dan Teuteberg
Commissioner Discussion — as needed
Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version.
Last printed 12/06/18 at 2:25 PM
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#275-4467,Elma#482-5269.
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF
December 10, 2018
In the spirit of public information and inclusion, the attached is a draft of
information for Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion and is not all
inclusive of what will be presented to the Commissioners.
We have changed the packet format so that it is an interactive document. Please
click on the agenda item which then takes you to the cover sheet of that section in
the document. To get back to the agenda, hit your "home" key on the keyboard.
Please see draft briefing agenda for schedule.
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Mason County Support Services Department Budget Management
th Commissioner Administration
z, °b�k,,A .. 411 North 5 Street Emergency Management
Shelton, WA 98584 Facilities, Parks&Trails
360.427.9670 ext. 419 Human Resources
Information Services
Labor Relations
Risk Management
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES
December 10, 2018
• Specific Items for Review
o Park Host contract for Walker Park—Ross
o Request from Timberland Regional Library (TRL) for concurrence with Lewis County's re-
appointment of Hal Blanton to the TRL Board of Trustees- Diane
o Economic Development Council 2019 contract- Diane
• Commissioner Discussion
o LTAC Recommendation for 2019 VIC Services—Cmmr. Drexler
o Discussion of letter of no objection to Liquor Control Board for Harmony Hill —Cmmr. Drexler
0 2019 Committee Assignments
J:\DLZ\Briefing Items\2018\2018-12-10.docx
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Ross McDowell
DEPARTMENT: Facilities, Parks and Trails EXT: 806
BRIEFING DATE: 12/17/2018
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM:
Renewal of Park Host contract for Walker Park (Angie & Mark Stubblefield)
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions)
Mason County Parks &Trails Department has a couple, Angie & Mark Stubblefield,
who have been Park Host at Walker Park since 2013. As park hosts, they performed
security, do light maintenance and grounds keeping. Angie & Mark have been
exemplary Park Hosts and keep Walker Park in good condition even through the
replacement of the septic system there.
The Park Host contract expires December 31, 2018 and we recommend renewal of the
contract for two (2) years with Angie & Mark Stubblefield.
RECOMMENDED OR REQUESTED ACTION:
I recommend that the BOCC approval an offer to Angie & Mark Stubblefield for park
host at Walker Park in Shelton and review the prepared Mason County Parks and Trails
on-site Park Host Contractual Agreement for the a BOCC Meeting Agenda item on
December 18, 2018.
Briefing Summary 12/3/2018
Park Host Contract Page 1 of 3
MASON COUNTY PARKS AND TRAILS On-site Park Host
CONTRACTUAL AGREEMENT
AGREEMENT made between Mark and Angie Stubblefield, of Mason County, hereinafter referred to as On-
site Park Host and MASON COUNTY PARKS AND TRAILS DEPARTMENT, State of Washington, County of Mason,
State of Washington, hereinafter referred to as Contractor.
RECITALS: Park Host is willing to be contracted by Contractor, and Contractor is willing to contract the Park
Host, on the terms, covenants, and conditions set forth hereinafter including such terms, covenants and
conditions as may be set forth hereinafter.
SECTION ONE— DUTIES. Contractor hereby engages Park Host as the Park Host of MASON COUNTY PARKS
AND TRAILS DEPARTMENT, Walker Park, Shelton, Washington.
The duties of MASON COUNTY PARKS AND TRAILS Park Host specifically require:
♦ Being at the Mason County Park site during the hours of darkness and during the day on Friday, Saturday,
Sunday and Holidays. Time off during the week is allowable, please notify the contractor.
♦ Park Host will open and close the park daily in accordance with park hours as deemed so by Contractor. The
evening security round shall consist of ensuring the doors of all buildings or restrooms are locked, gates are
shut and locked, and all guests are off the grounds.
♦ Conduct a daily park inspection, advising Mason County Parks and Trails Department of any hazardous or
unsafe condition that may exist; any broken fixtures, lighting or plumbing and any vandalism to the park
facilities.
Perform light maintenance of park grounds as directed, i.e. stock and clean restrooms, litter pick-up, and
other duties as assigned.
Park Host agrees to call the Mason County Sheriff if anything out of the ordinary is observed or heard; but
under no condition or situation will attempt to apprehend the person(s) so acting.
Requests for off duty time shall be negotiated with the Contractor.
Park Host is required to make the appropriate contacts if any situation should require intervention by parks
staff or law enforcement. Contact persons are:
1. Carl Olson 360-427-9670, extension 535
Cell: 360-490-0539
Home: 360-432-0465
2. Ross McDowell 360-427-9670, extension 806
Cell: 360-490-7646
Home: 360-751-2961
OR
Emergency: 911
Park Host hereby accepts and agrees to such engagement, subject to the general supervision and pursuant to the
orders, advice and direction of related services and duties as may be assigned to him/her from time to time by
Contractor, subject to mutual consideration of Section Three.
Park Host Contract Page 2 of 3
SECTION TWO - TERMS. The term of this agreement shall be from January 1, 2019 to December 31,
2020.
SECTION THREE - COMPENSATION TO PARK HOST/RESIDENT. Contractor shall provide for Park Host,
and Park Host shall accept from Contractor, in full payment for Park Host services the following: A designated
park host site located at the park. Be it understood that the Park Host shall be responsible for providing his/her
telephone carrier and long distance service. Contractor shall provide electrical utilities, water, septic and garbage
service.
SECTION FOUR— PARK HOST/RESIDENT BENEFITS. It is understood and agreed by both Contractor and
Park Host that Park Host is not an employee of Contractor and shall not receive the benefits available to Mason
County Employees including, but not limited to: vacation time, sick leave, personal holiday, medical insurance,
dental insurance, vision insurance, etc. It is further agreed by the Contractor to carry Industrial Insurance
coverage on the Park Host.
SECTION FIVE—CONDITIONS OF SERVICE. Park Host shall maintain designated residential area in a neat,
orderly manner, and shall prevent the accumulation of debris, or any other material or objects which are not
compatible to the environment of the park area such as metal, lumber or wood products, abandoned vehicles or
appliances, tires or any other like materials.
No services or activities shall be undertaken on Mason County Parks Property which result in compensation or
benefit to the Park Host. There shall be no unauthorized or private use of park.
All residents at the County-owned premises shall undergo a Washington State Patrol Background Check that
indicates they are acceptable for involvement with youth activities. No illegal activities involving the Park Host
shall be undertaken or allowed to take place on or about the park properties or Park Host residence.
Only the Park Host shall be allowed to operate County-owned equipment, and then, only in the performance of
work approved by the County.
Residence in County-owned facilities is restricted to the Contractor and their immediate family. Residence shall
be defined as any extended stay of more than one week in a calendar month. Immediate family shall mean the
spouse and or legal dependants of the Contractor.
SECTION SIX - CONFLICTING OBLIGATION. In cases of emergency or conflicting obligation, the Park Host
is responsible for the continued completion of the duties specified in this contract. If the Park Host is unable to
resolve the conflict, Mason County Parks and Trails Director must be notified.
SECTION SEVEN - CONTRACT AUTHORITY RESERVED BY COUNTY. Notwithstanding anything contained
herein to the contrary, Contractor shall not have the right to make any contracts or commitments for, or on behalf
of the County without the written consent of the County
SECTION EIGHT- ENTIRE AGREEMENT. This Agreement, together with any Attachments, represents the
obligations of both the County and the Contractor in their entirety. No other representations, whether verbal or in
writing, that are not contained herein, shall be binding upon the parties.
SECTION NINE - AMENDMENT OF AGREEMENT. This Agreement may be changed or modified only with the
mutual agreement of both the Contractor and the Park Host, and only then upon approval through the
appropriate processes then in effect for the County for the obligations contained in any modification or change.
SECTION TEN - TERMINATION. This agreement may be terminated by either party, without cause, upon six
weeks written notice to the other. In case of any violation of the terms of this Agreement by Contractor, or the
physical inability of the Contractor to perform the required duties, the County may terminate employment
immediately, with compensation only to the date of such termination.
Park Host Contract Page 3 of 3
SECTION ELEVEN - SEVERABILITY. In the event that any competent court finds any specific term or
provision of this Agreement invalid, the remaining terms and provisions shall be in full force and effect as if such
provisions were not contained herein.
SECTION TWELVE - CHOICE OF VENUE. It is the intention of the parties that all suits and special proceedings
pertaining to the enforcement of this Agreement shall be in accordance with and pursuant to the laws of the State
of Washington. Any actions or matters shall come before the courts of Mason County, Washington for actions
and/or decisions.
SECTION THIRTEEN -TERMINATION FOR DISABILITY. Notwithstanding anything in this agreement to
the contrary, Contractor is hereby given the option to terminate this agreement in the event that Park Host shall,
during the term hereof, become permanently disabled, as the term permanently disabled is hereinafter fixed and
defined. Such option shall be exercised by Contractor giving notice to Park Host by registered mail, addressed to
him/her at 2400 Walker Park Road, Shelton, WA 98584 or at such other address as Contractor shall
designate in writing. On the giving of such notice, this Agreement shall cease on the last day of the month in
which the notice is mailed, with the same force and effect as if such last day of the month were the date
originally herein set forth as the termination date thereof.
For the purpose of this agreement, Park Host shall be deemed to have become permanently disabled if, during
any year of the term hereof, because of ill health, physical or mental disability or for other cause beyond his/her
control he/she shall have been continuously unable or unwilling or shall have failed to perform his/her duties for a
total period of thirty (30) days, irrespective of whether or not such days are consecutive. For the purpose hereof,
the term any year of the term hereof, is defined to mean any 12-month calendar year period during the Park
Host's affiliation with the Contractor in the capacity of Mason County Parks and Trails Park Host.
SECTION FOURTEEN - SAFETY POLICY. It shall be a condition of employment to follow all safety practices
set forth in Mason County Accident Prevention Policy and the State of Washington.
IN WITNESS WHEREOF, the parties have executed this agreement at Shelton, Washington on this, the
day of , 20
ON-SITE PARK HOST BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin, Chair
Date: Kevin Shutty, Commissioner
ATTEST:
Terri Drexler, Commissioner
Melissa Drewry, Clerk of the Board
APPROVED AS TO FORM:
Tim Whitehead, Chief Deputy Prosecutor
(;c:GMMKS Neatnerlm, 5nutty, urexier
Clerk j i8r)f
TRL Administrative Service Center
Office of the Library Director
415 Ttunwater Blvd, SW
Tumwater, WA 98501-5799
360-943-5001
December 3, 2018
Mason County Board of Commissioners DEC 0 6 2018
411 North Fifth Street
Mason County
Shelton, WA 98584 Commissioners
Dear Board of Commissioners:
The Lewis County Commissioners have re-appointed Hal Blanton to the Timberland Regional Library
Board for a 7-year term that runs December 31, 2018 to December 31, 2025.
The Lewis County Commissioners have requested that Timberland Regional Library secure
confirmation of this appointment from the other four county Boards of Commissioners. A copy of the
letter appointing Mr. Blanton is enclosed.
If you concur with the appointment of Mr. Blanton, please send a letter of confirmation to my attention
at the above address. Once we receive letters of acknowledgement from the Mason, Thurston, Grays
Harbor, and Pacific County Commissioners, copies will be forwarded to the Lewis County
Commissioners.
We would appreciate your immediate consideration of this appointment. To further speed the process
you may email the scanned document to Brenda Lane, at blane(iDtrlib.org.
Thank you for your attention to this matter.
Sincerely,
&Ik
Cheryl Heywood
Library Director
Enclosure
Timberland Regional
LIBRARY
www.TRL.org
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
REAPPOINT HAL BLANTON TO THE ) RESOLUTION NO, 18- 3LI I
TIMBERLAND REGIONAL LIBRARY )
BOARD OF TRUSTEES )
WHEREAS,the Lewis County Board of County Commissioners appointed Hal Blanton to fill a
vacancy on the Timberland Regional Library Board of Trustees; and
WHEREAS, Hal Blanton's term on the Board of Trustees is set to expire December 31, 2018; and
WHEREAS, Hal Blanton has expressed a willingness and desire to again serve on the Timberland
Regional Library Board of Trustees; and
WHEREAS, it appears to be in the best public interest to reappoint Hal Blanton to the Board of
Trustees;
NOW THEREFORE BE IT RESOLVED that the BOCC hereby reappoints Hal Blanton to the
Timberland Regional Library Board of Trustees for a term expiring December 31, 2025.
Passed in regular session this 19th day of November, 2018.
APPROVED-AS TO FORM: ° BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
B Depu Prosecuting Attorney Edna J. Fund, Cha
ATTEST: Robert C. Jackson, Vice Chair
. S CO UNI'
• � YRS'•
Rieva Lester, Clerk of the Boaiiid�i� gCE i a;Gary Stam r, Commissioner
1845 i 0
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Y r Y U N N
MASON COUNTY
and
ECONOMIC DEVELOPMENT COUNCIL of MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
This CONTRACT is made and entered into by and between Mason County,hereinafter referred
to as"COUNTY"and the Economic Development Council of Mason County"CONTRACTOR"
referred to as"CONTRACTOR."COUNTY and EDC are referred to collectively as the"parties."
RECITALS:
WHEREAS,sales tax and use funds collected under RCW 82.14.370 are to be used to finance
public facilities serving economic development purposes in rural counties and finance personnel
in economic development offices;and
WHEREAS,the Economic Development Council of Mason County meets the requirement of
being"an office of a county,port district,or an associate development organization as defined in
RCW 43.330.010,which promotes economic development purposes within the county"with its
purposes including the facilitation of the creation or retention of businesses and jobs in a county;
and
WHEREAS,through RCW 43.330.080 the Economic Development Council of Mason County, as
the County's designated Associate Development Organization, is required to provide direct
assistance including business planning to companies throughout the County who need support
to stay in business,expand or relocate to Washington from out-of-state and other countries.
Assistance must comply with business recruitment and retention protocols established by the
State;and
WHEREAS,COUNTY has consulted with the city of Shelton and the port districts located within
the county to ensure that this expenditure meets the goals of chapter 130, Laws of 2004;and
WHEREAS, COUNTY has determined that it is in the best interest of the residents of Mason
County to contract with the Economic Development Council of Mason County to provide
economic development technical assistance,support and services.
NOW,THEREFORE,for and in consideration of the CONTRACT made,and the payments to be
made by COUNTY,the parties agree to the following:
Special Conditions
Funding Source:
Funds for this CONTRACT are provided as allowed in RCW 82.14.370 sales and use tax for
public facilities in rural counties.
Required County Matching Funds:
Per RCW 43.330.086 COUNTY is required to provide matching funds for its Associate
Development Organization's grant with the Washington State Department of Commerce.
$57,339.00 of the funding provided through this CONTRACT__ is designated as the-------------- comment[dzl]:why is this amount fbrzol97
COUNTY's matching funds.
The new number is 557,339
1
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in"Exhibit A Scope-of-Services,"during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Term:
The performance period for this CONTRACT will start on January 1,2019 and end December
31,2019.
Services Outside of Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing.The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however,that the CONTRACT is in
writing and signed by both parties
Extension:
The duration of this CONTRACT may be extended by mutual written consent of the parties,for
a period of up to one year.
Compensation:
CONTRACT total values is not to exceed$83,000.
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee.All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including,but not
limited to:vacation pay,holiday pay,sick leave pay, medical,dental,or other insurance benefits,
or any other rights or privileges afforded to employees of COUNTY.The CONTRACTOR
represents that he/she/it maintains a separate place of business,serves clients other than
COUNTY,will report all income and expense accrued under this CONTRACT to the Internal
Revenue Service, and has a tax account with the State of Washington Department of Revenue
for payment of all sales and use and Business and Occupation taxes collected by the State of
Washington.
CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers,agents or
employees from any loss or expense, including,but not limited to, settlements,judgments,
setoffs,attorneys'fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes(i.e., Medicare).All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the
responsibility of 2
the CONTRACTOR to make the necessary estimated tax payments throughout the year,if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT.The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law.The CONTRACTOR must pay all other taxes,including,but not limited to,
Business and Occupation Tax,taxes based on the CONTRACTOR's gross or net income,or
personal property to which COUNTY does not hold title.COUNTY is exempt from Federal
Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in"Exhibit B Compensation."Where Exhibit"B"requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit"B,"
by documentation of units of work actually performed and amounts earned, including,where
appropriate,the actual number of days worked each month,total number of hours for the month,
and the total dollar payment requested,so as to comply with municipal auditing requirements.
Acceptable invoices will be processed within 30 days of receipt.
Unless specifically stated in Exhibit"B"or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee(hereinafter referred to as the
"Administrative Officer").COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT.Where
required,COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly,in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit"B."
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT,then COUNTY may, upon written notice,withhold
from amounts otherwise due and payable to CONTRACTOR,without penalty,until such failure
to perform is cured or otherwise adjudicated.Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages,provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten(10)days after it determines to withhold amounts
otherwise due.A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive,except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause,without prejudice to any other remedy under the
CONTRACT,to take all or any of the following actions: (1)cure any failure or default,(2)to pay
any amount so required to be paid and to charge the same to the account of the
3
CONTRACTOR,(3)to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements,including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040,the Prevailing Wage Act;the Americans with Disabilities Act of 1990;the
Davis-Bacon Act;and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages,minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Conflict of Interest:
If at any time prior to commencement of,or during the term of this CONTRACT,CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY's interest,then CONTRACTOR shall immediately notify COUNTY of the same.The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
informed judgment as to whether or not COUNTY s interest may be compromised in any manner
by the existence of the conflict,actual or potential.Thereafter,COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest.COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms,conditions and privileges of
employment for all qualified applicants and employees without regard to race, color,creed,
religion, national origin,sex,sexual orientation,age, marital status,disability,or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race,color,creed, religion, national origin,sex,
sexual orientation, age,marital status,disability,or veteran status,except where such
constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed,and treated
during employment,without regard to their race, color,creed,religion, national origin,sex, age,
marital status,sexual orientation,disability,or veteran status,except where such constitutes a
bona fide occupational qualification.Such action shall include, but not be limited to:advertising,
hiring,promotions,layoffs or terminations,rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf,
CONTRACTOR shall state that all qualified applicants will receive consideration for employment
without regard to race,color, religion,sex or national origin.
4
The foregoing provisions shall also be binding upon any sub-contractor,provided that the
foregoing provision shall not apply to contracts or sub-contractors for standard commercial
supplies or raw materials,or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race,color,creed, religion, national
origin,sex, age,marital status,sexual orientation,disability,or veteran status;or deny an
individual or business any service or benefits under this CONTRACT;or subject an individual or
business to segregation or separate treatment in any manner related to his/herfits receipt any
service or services or other benefits provided under this CONTRACT;or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have,by contract or
otherwise,to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY,and CONTRACTOR further promises that it
will not in the future,directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Ownership of Items Produced:
All writings, programs,data, public records or other materials prepared by CONTRACTOR
and/or its consultants or sub-contractors, in connection with performance of this CONTRACT,
shall be the sole and absolute property of COUNTY.
When CONTRACTOR creates any copyrightable materials or invents any patentable property,
CONTRACTOR may copyright or patent the same,but COUNTY retains a royalty-free,
nonexclusive and irrevocable license to reproduce, publish, recover,or otherwise use the
materials or property and to authorize other governments to use the same for state or local
governmental purposes.CONTRACTOR further agrees to make research, notes, and other
work products produced in the performance of this CONTRACT available to COUNTY upon
request.
Work Product:
CONTRACTOR will provide COUNTY with all work product including;reports,surveys,studies,
data collected and other as appropriate prior to the release of the final payment for services.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action,cause or demand
brought against COUNTY,to the extent such action is based on the claim that information
supplied by the CONTRACTOR infringes any patent or copyright.CONTRACTOR will pay those
costs and damages attributable to any such claims that are finally awarded against COUNTY in
any action. Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim.
B. CONTRACTOR shall have the right,hereunder,at its option and expense,to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR,its employees,sub-contractors,and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT,except upon the prior written consent of COUNTY or an order
5
i
entered by a court after having acquired jurisdiction over COUNTY.CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information.CONTRACTOR shall indemnify and hold harmless COUNTY, its officials,agents
or employees from all loss or expense, including, but not limited to,settlements,judgments,
setoffs,attorneys'fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal,State or COUNTY auditor.COUNTY or its
designee shall have the right to review and monitor the financial and service components of this
program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office.Such review may occur with or without notice and may include, but
is not limited to,on-site inspection by COUNTY agents or employees,inspection of all records or
other materials which COUNTY deems pertinent to the CONTRACT and its performance,and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six(6)years after CONTRACT termination,and
shall make them available for such review,within Mason County,State of Washington,upon
request.CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections,audits,or program review by any individual,agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR,then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum,CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in"Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance,payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five(5)days of CONTRACT execution.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY,its
officers,agents and employees,CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington,the Industrial Insurance Act,for injuries to its employees and
agrees that the obligations to indemnify,defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR.This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments,Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY.A commitment includes, but is not limited to,
6
any representation made prior to execution of this CONTRACT,whether or not incorporated
elsewhere herein by reference,as to performance of services or equipment,prices or options
for future acquisition to remain in effect for a fixed period,or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR.To the fullest extent permitted by law,CONTRACTOR
agrees to indemnify,defend and hold COUNTY and its departments,elected and appointed
officials,employees,agents and volunteers,harmless from and against any and all claims,
damages, losses and expenses,including but not limited to court costs,attorney's fees and
alternative dispute resolution costs,for any personal injury,for any bodily injury,sickness,
disease or death and for any damage to or destruction of any property(including the loss of use
resulting therefrom)which 1)are caused in whole or in part by any act or omission, negligent or
otherwise,of the CONTRACTOR,its employees,agents or volunteers or CONTRACTOR's
subcontractors and their employees,agents or volunteers;or 2)are directly or indirectly arising
out of,resulting from, or in connection with performance of this CONTRACT;or 3)are based
upon CONTRACTOR's or its subcontractors'use of,presence upon or proximity to the property
of COUNTY.This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim,damage, loss or expense is caused by the sole negligence of
COUNTY.This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act,disability benefit act or other employee benefit act,and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts.The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT,are reflected in CONTRACTOR's compensation,and have been
mutually negotiated by the parties.
Participation by County—No Waiver.COUNTY reserves the right,but not the obligation,to
participate in the defense of any claim,damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations.CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion,expiration or termination
of this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the
extent allowed under this CONTRACT,CONTRACTOR's subcontractors shall indemnify
COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY.
Compliance with Applicable Laws,Rules and Regulations:
This CONTRACT shall be subject to all laws, rules,and regulations of the United States of
America,the State of Washington,political subdivisions of the State of Washington and Mason
County.CONTRACTOR also agrees to comply with applicable Federal,State,County or
municipal standards for licensing,certification and operation of facilities and programs,and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints,and CONTRACTOR hereby accepts,the Mason County's Support
Services Director or designee,as COUNTY s representative, hereinafter referred to as the
Administrative Officer,for the purposes of administering the provisions of this CONTRACT,
including COUNTY's right to receive and act on all reports and documents,and any auditing
performed by the COUNTY related to this CONTRACT.
7
a
The Administrative Officer for purposes of this CONTRACT is:
Frank Pinter
Support Services Director
Mason County
411 N. 5th Street
Shelton,WA 98584
Phone: 360-427-9670 Ext. 530
FPinter(cDco.mason.wa.us
CONTRACTOR's Primary Contact's Information:
Jennifer Baria
310 W.Cota
Shelton,WA 98584
Phone: 360-426-2279
E-mail:jenniferOa choosemason.com
Notice:
Except as set forth elsewhere in the CONTRACT,for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's
Administrative Officer under this CONTRACT. Notices and other communication may be
conducted via e-mail, U.S.mail,fax, hand-delivery or other generally accepted manner
including delivery services.
Modifications:
Either party may request changes in the CONTRACT.Any and all agreed modifications,to be
valid and binding upon either party,shall be in writing and signed by both of the parties.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors,COUNTY may, by depositing written notice
to CONTRACTOR in the U.S. mail,terminate the CONTRACT,and at COUNTY's option,
obtain performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed.Any extra cost or damage to COUNTY
resulting from such default(s)shall be deducted from any money due or coming due to
CONTRACTOR.CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work,and all damage
sustained,or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default,the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines,in
its sole discretion,that such termination is in the interests of COUNTY.Whenever the
CONTRACT is terminated in accordance with this paragraph,CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
8
Exhibit B Compensation.An equitable adjustment in the CONTRACT price for partially
completed items of work will be made,but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work.Termination of this CONTRACT by COUNTY
at any time during the term,whether for default or convenience,shall not constitute breach of
CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine,in its
sole discretion,that such termination is necessary due to a decrease in available funding
including State and/or Federal grants.Whenever the CONTRACT is terminated in accordance
with this paragraph,the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
1. Differences between the CONTRACTOR and COUNTY,arising under and by virtue of the
CONTRACT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated,the records,orders,
rulings, instructions,and decisions of the Administrative Officer shall be final and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may
be payable,or to extension of time for(1)any act or failure to act by the Administrative Officer
of COUNTY,or(2)the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten(10)days of the commencement
of the act,failure, or event giving rise to the claim, and before final payment by COUNTY.The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due,the nature of the cost involved,
and insofar as possible,the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed,labor and material used,and all costs and
additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation,or
extension of time,unless within thirty(30)days of the accomplishment of the portion of the work
from which the claim arose,and before final payment by COUNTY,the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required,and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto(which may be brought either in
court or pursuant to this arbitration provision),and consistent with the provisions hereinabove,
any claim,dispute or controversy between the parties under,arising out of,or related to this
CONTRACT or otherwise,including issues of specific performance,shall be determined by
arbitration in Shelton,Washington,under the applicable American Arbitration Association(MA)
rules in effect on the date hereof,as modified by this CONTRACT.There shall be one arbitrator
selected by the parties within ten(10)days of the arbitration demand,or if not,by the AAA or
any other group having similar credentials.Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator.The arbitrator shall apply substantive law and
may award injunctive relief,equitable relief(including specific performance),or any other
remedy available from a judge, including expenses,costs and attorney fees to the prevailing
party and pre-award interest,but shall not have the power to award punitive damages.The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction.The parties agree
9
i
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator.At the request of either party
made not later than forty-five(45)days after the arbitration demand,the parties agree to submit
the dispute to nonbinding mediation,which shall not delay the arbitration hearing date;provided,
that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought
within six(6)years after the initial occurrence giving rise to the claim,dispute or issue for which
arbitration is commenced,regardless of the date of discovery or whether the claim,dispute or
issue was continuing in nature.Claims,disputes or issues arising more than six(6)years prior
to a written request or demand for arbitration issued under this CONTRACT are not subject to
arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT,the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein,this
CONTRACT shall be governed by the laws of the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s)or
circumstances is held invalid,such invalidity shall not affect other terms,conditions or
applications which can be given effect without the invalid term,condition or application.To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing,signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT,or to
exercise any option herein conferred in any one or more instances,shall not be construed to be
a waiver or relinquishment of any such,or any other covenants or contracts,but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal,state and county statutes, regulations, policies,procedures,federal Office
of Management and Budget(OMB)circulars and federal and state executive orders.
B. Funding source agreement(s)including attachments
C. Exhibit C Insurance Requirements
D. Special Conditions
E. General Condition
F. Exhibits A and B
Entire Contract:
This written CONTRACT,comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements,discussions or understandings between the parties.
10
ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS
of MASON COUNTY MASON COUNTY,WASHINGTON
Jennifer Baria, Executive Director Randy Neatherlin, Chair
Dated: Dated:
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR to provide a budget by expense category totaling$83,000 for the 2019,one year
contract to the BOCC within fifteen days(15)of contract execution.
CONTRACTOR to provide update to Board of County Commissioner at commission business
meetings. Deliverable:At a minimum of once per quarter the Executive Director or designee will
provide a brief update on EDC work during public testimony at commission meetings.
RECRUITMENT&MARKETING
CONTRACTOR to market Mason County as excellent locations to expand or relocate a business
and positioning Washington as a globally competitive place to grow business,which may include
developing and executing regional plans to attract companies from out of state. Deliverable:
number of businesses contacted.
CONTRACTOR to provide site location assistance for businesses that are looking to locate in
Mason County. Deliverable:Quarterly list of project names.
BUSINESS RETENTION&EXPANSION ACTIVITIES
CONTRACTOR to work with partners throughout the county including,but no limited to, local
governments,workforce development councils,port districts,community and technical colleges
and higher education institutions,export assistance providers,small business assistance
programs, innovation partnership zones,and other federal,state,and local programs to facilitate
the alignment of planning efforts and the seamless delivery of business support services within
the entire county. Deliverable: Copy of communication plan bn or before 3/31/2018 and-a ,,_ Comment[dz2]:Keep in 2019 contract?0rjust
quarterly dashboard of communication analytics. the Quarterly dashboard of communication analytics?
CONTRACTOR to provide business retention and expansion services throughout the county.
Such services must include,but are not limited to, business outreach and monitoring efforts to
identify and address challenges and opportunities faced by businesses,assistance to trade
impacted businesses in applying for grants from the federal trade adjustment assistance,and the
provision of information to businesses on resources available for microenterprise development
and resources available on the revitalization of commercial districts. Deliverable: number of
businesses visited and number of follow-ups with existing businesses.
CONTRACTOR to participate with the state board for community and technical colleges in the
coordination of the job skills training program and the customized training program within its
region.
BUSINESS ASSISTANCE
CONTRACTOR to provide or facilitate the provision of export assistance through workshops or
one-on-one assistance.
CONTRACTOR to provide information on state and local permitting processes,tax issues,export
assistance,and other essential information for operating,expanding,or locating a business in
Mason County. Deliverable: number of businesses that direct assistance was provided,and
number of follow-up interactions.
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY LIST(CEDS)
CONTRACTOR to strengthen the local efforts in bringing state funding to necessary
infrastructure proiects and provide strategic advice and planning in the development of the
annual county-wide seliEft ser i' and rank the Comprehensive Economic Development
Strategy(CEDS)list_-aanually including but not limited to:
Formatted:Font:(Default)Arial,10.5 pt
• Contribute proactive and creative suggestions for state funding opportunities to advance Formatted:List Paragraph,Bulleted+Level:
the CEDS Project List and legislative/business priorities. 1+Aligned at: 0.34°+Indent at: 0.59"
• Assist in strategy and partnership development for advancing the County/EDC Formatted:Font:(Default)Arial,10.5 pt
legislative infrastructure priorities.
• Develop implementation plans for how to advance strategic priorities.
• Assist in the drafting of legislative language.
• Provide regular updates to the Mason County Commission including but not limited to
monitoring of potential and pending legislation.
• Deliverable:CEDS list shall be s.Submitted to-COUNTY for review and-approval-on or__ - Formatted:Font:(Default)Arial,10.5 pt
before 6/30/19. Formatted:Font:(Default)Arial,10.5 pt
READINESS&CAPACITY BUILDING
CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators
and comparisons in Mason County.
CONTRACTOR to participate in economic development system-wide discussions regarding gaps
in business start-up assistance in Mason County.
CONTRACTOR to participate in development of a countywide economic development plan in
conjunction with other governmental jurisdictions and institutions.
CONTRACTOR to provide an annual snapshot of local economic conditions to include
breakdowns of the three UGAs. Deliverable: Economic Vitality index.
1
EXHIBIT B
COMPENSATION
A. Compensation:
CONTRACTOR will be compensated a total of$83,000 which will be paid in four equal
payments of$20,750 after the receipt of an invoice.
B. Requests for Payment:
1. At a minimum the invoice is to include:performance period;date of submission;
CONTRACTOR's name,remittance address and phone number; invoice total; and any
additional applicable information.
2. Submit invoice with required performance report via e-mail to dlz(a),co.mason.wa.us and
fainter .co.mason.wa.us.
3. Payment will be made to CONTRACTOR within thirty(30)days of the receipt of a
complete and accurate invoice
13
EXHIBIT C
INSURANCE REQUIREMENTS
A.MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office"Commercial
General Liability"policy form CG 00 01,with an edition date prior to 2004,or the exact
equivalent. Coverage for an additional insured shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits. Limits shall be no less than$1,000,000 per
occurrence for all covered losses and no less than$2,000,000 general aggregate,for bodily
injury,personal injury,and property damage, including without limitation, blanket contractual
liability.
2. Workers'Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits for CONTRACTOR's,with two(2)or more
employees and/or volunteers,no less than$1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,
non-owned and hired autos,or the exact equivalent. Limits shall be no less than$1,000,000 per
accident, combined single limit. If CONTRACTOR owns no vehicles,this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If
CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this
project,CONTRACTOR shall obtain evidence of personal auto liability coverage for each such
person.
4. Professional liability(errors&omissions)insurance. CONTRACTOR shall maintain
professional liability insurance that covers the services to be performed in connection with this
CONTRACT, in the minimum amount of$1,000,000 per claim and in the aggregate.Any policy
inception date,continuity date,or retroactive date must be before the effective date of this
CONTRACT and Consultant agrees to maintain continuous coverage through a period no less
than three years after completion of the services required by this CONTRACT.
5. 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
CONTRACTOR,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.
B.Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five(5)days of CONTRACT execution.
C.Basic Stipulations:
1.CONTRACTOR agrees to endorse third party liability coverage required herein to include as
additional insureds COUNTY,its officials,employees and agents, using ISO endorsement CG
20 10 with an edition date prior to 2004.CONTRACTOR also agrees to require all
subcontractors,and anyone else involved in this CONTRACT on behalf of the CONTRACTOR
(hereinafter"indemnifying parties")to comply with these provisions.
14
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the
applicability of any insurance proceeds,and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others
by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation
condition as to COUNTY, or must specifically allow the named insured to waive subrogation
prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional
requirements by COUNTY.CONTRACTOR shall not make any reductions in scope or limits of
coverage that may affect COUNTY s protection without COUNTY's prior written consent.
5 CONTRACTOR agrees upon request by COUNTY to provide complete, certified copies of
any policies required within 10 days of such request.COUNTY has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests.Any premium so paid by
COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums
due CONTRACTOR.Any actual or alleged failure on the part of COUNTY or any other
additional insured under these requirements to obtain proof of insurance required under this
CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in
this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to
be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary
non-contributing basis in relation to any other insurance or self-insurance available to COUNTY.
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion
of the insurance required herein and further agrees that it will not allow any indemnifying party to
self-insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-
insured retention,the self-insured retention must be declared to the COUNTY.The COUNTY
may review options with CONTRACTOR,which may include reduction or elimination of the self-
insured retention,substitution of other coverage,or other solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY,or its
employees or agents face an exposure from operations of any type pursuant to this
CONTRACT.This obligation applies whether or not the CONTRACT is canceled or terminated
for any reason.Termination of this obligation is not effective until COUNTY executes a written
statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements.
Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain
insurance with limits of liability that exceed the required limits or coverage that is broader than
as outlined above, those higher limits and broader coverage shall be deemed to apply for the
benefit of any person or organization included as an additional insured and those limits shall
become the required minimum limits of insurance in all Paragraphs and Sections of this
CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to COUNTY and approved of
in writing.
15
11. The requirements in this Exhibit supersede all other sections and provisions of this
CONTRACT to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
12. Unless otherwise approved by COUNTY,insurance provided pursuant to these
requirements shall be by insurers authorized to do business in Washington and with a minimum
A.M.Best rating ofA-:VII.
13.All insurance coverage and limits provided by CONTRACTOR and available or applicable to
this CONTRACT are intended to apply to the full extent of the policies. Nothing contained in this
CONTRACT limits the application of such insurance coverage.
14. CONTRACTOR agrees to provide prompt notice to COUNTY of any notice of cancellation of
any required policy or of any material alteration or non-renewal of any such policy,other than for
non-payment of premium.CONTRACTOR shall assure that this provision also applies to any of
its employees,agents or subcontractors engaged by or on behalf of CONTRACTOR in relation
to this CONTRACT.
15. COUNTY reserves the right at any time during the term of the CONTRACT to change the
amounts and types of insurance required by giving the CONTRACTOR ninety(90)days
advance written notice of such change. If such change results in substantial additional cost to
the CONTRACTOR,the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's
compensation.
16. Requirements of specific coverage features are not intended as limitation on other
requirements or as waiver of any coverage normally provided by any given policy.Specific
reference to a coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this CONTRACT.COUNTY assumes
no obligation or liability by such notice,but has the right(but not the duty)to monitor the
handling of any such claim or claims if they are likely to involve COUNTY.
16
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Zoren
DEPARTMENT: Support Services EXT: 419
BRIEFING DATE: December 10, 2018
PREVIOUS BRIEFING DATES: November 5, 2018
If this is a follow-up briefing, please provide only new information
ITEMS:
The Lodging Tax Advisory Committee (LTAC) met on December 4 to reconsider the 2019 Visitor
Information Center (VIC) services. Recommendation is to extend the 2018 contracts into 2019
at the 2018 rate and request the Commissioners call for proposals to enhance 2019 VIC
services up to $19,800.
Shelton Mason County Chamber of Commerce (includes Hoodsport location) $57,400
North Mason Chamber of Commerce (includes Union location) $33,400
EXECUTIVE SUMMARY:
The VIC contracts are one-year contracts with an option to renew for one year. LTAC met on
October 31, 2018 and after much discussion recommended the contracts be extended for 2019.
The recommended awards were based on what the Chambers requested for 2018 funding but
were not fully funded. $70,000 to Shelton Mason County Chamber and $40,700 to North Mason
Chamber
The 2018 contracts are as follows: Shelton Mason County Chamber $57,400 and North Mason
Chamber $33,400.
The County Commissioners did not move forward the October 31 LTAC recommendation and
the LTAC met on December 4 to reconsider 2019 VIC services.
LTAC is now recommending the 2018 contract amounts be extended for 2019 VIC services and
that the County Commissioners call for proposals to enhance 2019 VIC services up to $19,800.
BUDGET IMPACTS: Lodging Tax ending fund balance is budgeted at $146,387 and
revenues are coming in ahead of projection. As of September 18, $250,862 has been received
and $291,500 was anticipated for 2018.
RECOMMENDED OR REQUESTED ACTION:
1) Extend the 2018 VIC contracts with the Chambers through 2019 — Shelton Mason County
Chamber of Commerce (includes Hoodsport location) $57,400; North Mason Chamber of
Commerce (includes Union location) $33,400.
2) Authorize an RFP to enhance 2019 VIC services up to $19,800 as recommended by LTAC.
ATTACHMENTS: Draft 12/4/18 LTAC minutes.
J:\DLZ\Briefing Items\2018\Diane's stuff\LTAC 2019 VIC awards reconsidered.doc
MASON COUNTY LODGING TAX ADVISORY COMMITTEE
Meeting Minutes
Commissioners'Chambers
411 North 5T" Street, Shelton, WA 98584
Tuesday, December 4, 2018 2:00 p.m.
Members in Attendance: Chair Terri Drexler, Christine for Nathan Welch, Duane Wilson, Stephanie
Rowland, Heidi McCutcheon and Shaun Tucker. Also in attendance was Rachel Hansen.
Chair Drexler called the meeting to order at 2:05 p.m.
October 31, 2018 meeting minutes
Stephanie/Heidi moved and seconded to approve the October 31, 2018 meeting minutes. Motion
carried.
2019 Visitor Information Center Services
Chair Drexler opened the meeting by explaining the previous LTAC recommendation for 2019 VIC
services at the increased amount was not accepted by the Mason County Commissioners. The
concern is what additional services will be provided if the 2019 contract award is increased.
Cmmr. Drexler stated she explained that the LTAC recommendation was to fully fund what was
originally requested in the proposal for 2018 services.
Stephanie stated the North Mason Chamber will be providing services in 2019 at the same Mel
as they have been providing but the current services are not fully funded by lodging tax dollars.
She noted the North Mason Chamber has added services in Union.
Shaun asked what was reduced because the funded was reduced.
Stephanie responded the Union VIC staffed hours were reduced.
Heidi responded the Shelton Chamber reduced training and technology.
To avoid not having 2019 VIC contracts, Chair Drexler recommended the 2019 award be the
same as 2018 and in 2019 LTAC can call for proposals to enhance VIC services and the contracts
could be amended.
Heidi pointed out the Forest Service contract ends in 2018 for the Hoodsport VIC and she is
hopeful it will be renewed in 2019. They receive $7,500 from Forest Service and $7,500 from
WA State Parks.
Options to consider—
1) Recommend 2019 @ 2018 level; addendum for enhanced 2019 VIC services
2) Recommend 2019 @ higher rate with proposal for additional services
3) Go out for RFP
4) Extend at 2018 amount only
LTAC members discussed extending the 2019 contract at the 2018 amount and requesting a
Request for Proposal (RFP) to enhance the VIC services in 2019 for up to $26,500.
Shaun suggested enhancing the VIC services by only the amount that was requested in 2018 and
not awarded which is $19,900.
-- --- ----- -- -- Page 1
Lodging Tax Advisory Board Meeting Minutes
December 4, 2018
Shaun/Duane moved and seconded to extend the 2018 VIC services through 2019 at the 2018
amounts with North Mason Chamber and Shelton Mason County Chamber. Motion carried.
Stephanie&Heidi recused themselves from voting.
Duane/Shaun moved and seconded to recommend the County Commissioners issue a request for
proposals to enhance 2019 VIC services up to$'19,800. Motion carried. Stephanie&Heidi
recused themselves from voting.
Cmmr. Drexler asked what enhanced VIC services could be provided in 2019.
Stephanie responded they would increase paid staff time at the Union VIC.
Heidi would like to submit information on what enhanced services the Shelton Chamber will
provide.
Cmmr. Drexler will present to the Commissioners at the December 11 briefing meeting, that the
RFP for $19,800 would fulfill the 30% formula (LTAC previously agreed to designate 30% of
lodging tax revenues be spent on VIC services).
Other Business - none
Public Comment- none
Calendar- next meeting will be scheduled in January 2019 for 4th quarter reports; ideas for the
uncommitted budget line; RFPs for 2020 services.
The meeting adjourned at 3:00 p.m.
LODGING TAX ADVISORY COMMITTEE
MASON COUNTY, WASHINGTON
ATTEST:
LTAC Clerk Cmmr. Terri Drexler, Chair
LTAC Page 12
Cc:CMMRS Neatherlin, Shutty, Drexler
Clerk
URGENT
WASHINGTON STATE LIQOUR AND CANNABIS BOARD - License Services
3000 Pacific Ave SE - P O Box 43075
Olympia WA 98504-3075
specialoccasions@lcb.wa.gov / Fax: 360-753-2710
TO: MASON COUNTY COMMISSIONERS DECEMBER 3Pm 2018 R ECE-11��
SPECIAL OCCASION #: 090957 i�
HARMONY HILL OF UNION DEC 0 6 2018
7362 E STATE ROUTE 106
UNION, WA 98592 Mason County
Commissioners
DATE: DECEMBER 14TH 2018 TIME: 5 PM TO 7 PM
PLACE: CAMEO BOUTIQUE - 6871 E STATE ROUTE 106- UNION
CONTACT: SUSAN OLSTAD (DOB 8.22.1961) 360-898-2363
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMIONERS OR DESIGNEE
*** LESS THAN 20 DAYS ! EMAIL SPECIALOCCASIONS@LCB .WA.GOV ***
BOARDS, COUNCILS,AND COMMISSIONS 2018—updated June 2018
The County Commissioners represent Mason County by serving on a variety of boards,councils,and commissions as noted below.
Randy Neatherlin (Commissioner District#1)
Board of County Commissioners, Chair
Mason County Law Library
Mason County Finance Committee
Canvassing Board
Community Action Council Board of Directors(Meet at 420 Golf Club Rd SE, Lacey)
Economic Development Council Board (Meets 2nd Thursday of each month;7:45-9:00 am at PUD auditorium-426-2276)
North Mason Chamber of Commerce Board of Directors
Mason County Audit Committee (Established by Resolution 77-16)
Mason County Law Enforcement Officers/Fire Fighters (LEOFF) Board (meet 1s'Tuesday,8 a.m. in Commission Chambers)
Mason County Voting Accessibility Advisory Committee (VAAC) (meets when necessary)RCW 29A.46.260(2)
Memorial Hall Committee-Chair(meets last Wednesday every other month)
Pacific Mountain Workforce Development Council (PacMtn) -Chair
Peninsula Regional Transportation Planning Organization (PRTPO) -alternate
Shelton Memorial Park Board of Directors—(Cemetery) (meet as necessary)
Washington Counties Risk Pool—Board of Directors Member
West Sound Alliance Steering Committee—Pamela Browning is contact,360-377-4900
Kevin Shutty (Commissioner District#2)
Alliance for a Healthy South Sound (AHSS) Executive Committee—(Andy Chinn is contact,206-550-5568, meet as necessary.
Website is Healthysouthsound.com)
Criminal Justice Working Team (meets 3rd Wednesday, 7:30 a.m. in Commission Chambers)
Courthouse Security Committee
MACECOM (meet 2nd Tuesday, 3 p.m.@ City of Shelton)
Olympic Region Clean Air Agency (ORCAA) - Altemate Member (Meets 2nd Wednesday of each month from 10-12 noon approx Address: 2940B
Limited Lane NW Olympia 586-1044)
Peninsula Regional Transportation Planning Organization (PRTPO)-Alternate
WSAC Legislative Steering Committee (LSC)
Washington Counties Risk Pool—Board of Directors Alternate Member
Building Code Council (SBCC)-Member, Appointed by Governor Jay Inslee(2018-2021)
Terri Drexler(Commissioner District#3)
Board of County Commissioners, Vice-Chair
Lewis-Mason-Thurston Area Agency on Aging Council of Governments (COG) (Meets 4t' Thursday of each
month at 2 p.m.Address: 2404 Heritage Court SW,Suite A(first floor),Olympia,WA 98502
Mason County Lodging Tax Advisory Committee—Chair(meets when necessary)
Oakland Bay Clean Water Committee
Olympic Region Clean Air Agency(ORCAA)—Member(Meets 2nd Wednesday of each month from 10-12 noon approx.)
Address: 2940B Limited Lane NW Olympia 586-1044)
Pacific Mountain Workforce Development Council (PacMtn) - Chair
Transportation Improvement Board (TIB)
Thurston Mason Behavioral Health Organization (TMBHO) (Meet 3d Thursday, 1 p.m.,Thurston Cnty Courthouse)
Washington Counties Risk Pool—Board of Directors Alternate
WA Association of Counties Board of Directors (WSAC)
Olympic Peninsula Resource Advisory Committee (RAC) (Appointed by Secretary of Agriculture)
ALL COMMISSIONERS
Mason County Commissioners
Mason County Board of Health
Mason Transit Authority
Mason County Elections Canvassing Board
Hood Canal Coordinating Council (All Commissioners sit on HCCC, Mason County has 1 vote,Cmmr. Shutty is voting member)
Oakland Bay Clean Water District Board of Directors
JABOARDS\Commissioner Boards 2018 with mtg times.doc December 4,2018
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: MCCS EXT: 260
BRIEFING DATE: Dec 10, 2018
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information N/A
ITEM: Mason County Housing Authority Repair requests for funding
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
® Fairmount Coves Apartments
• Funds Requested: $160,000 for purpose of replacement of 12 decks and stairs
serving second story apartments
® Pine Gardens Apartments:
• Funds Requested: $75,000 for Roof removal and installation of asphalt shingle
roof
® Goldsborough Cove Apartments
• Funds Requested: $47,800 for roof removal and replacement
BUDGET IMPACTS:
Increase of$282,800.
RECOMMENDED OR REQUESTED ACTION: For discussion
ATTACHMENTS: Replacement proposals for each property
Briefing Summary 12/6/2018
Mason County Housing Authority
415 N 6t' Street, Shelton, WA 98584
Proposal for Funds for Repair and Rehabilitation
Location: Fairmount Coves Apartment, 940 Fairmount Ave., Shelton
Funds requested: $160,000 for the purpose of replacment
Of 12 decks and stairs serving second story apartments for
20 residents.
Rationale: The City of Shelton building inspector, Sean Carlstrom,
inspected the decks and stairs in mid August and delivered
a letter to the housing authority requesting immediate
action to replace and repair all decks and stairs. Repairs
were made in a very timely manner, but replacement costs
are beyond the means of the housing authority.
These low income apartment buildings are funded through the
Rural Development or RD program of the US Department
of Agriculture. The buildings are inspected annually by
the department administrator. His last inspection
was done in June 2017, but there was no mention of need to
replace the decks at that time.
There have been several other emergency issues over the last
year and funds for sewer pump replacement, electrical services and
and water line replacements have been covered by our reserve
funds. We requested an immediate bid including engineering plans
to be delivered to the city planner, but the bid from IBI construction
was over $303,000.00 and we knew we did not have the funds to
to cover this estimated cost. Although we had to pay some amount
J
for the plans they drew for the project.
For the last two months we have been requesting bids from
three other construction companies and researching available
funding for this project. Our second bid was from
4-J Construction DBA Contemporary Decks. We have met
with the company owner and representatives two more times
and their original bid was well drafted including options
for specifications such as type of materials used for the project.
The last two bids were from Steve Unkie Construction for $296
and Integrated Construction with a bid for repairs only. However,
we were informed by RD that they will also need to review and
approve the plans and they would only approve replacement
proposals.
Project work will be done by : 4-J Construction
3020 Gravelly Beach Lp. NW
Olympia, WA 98502
360-951-9387 email: contemporarydecke,aol.com
John Wilson, project manager/Sales 360-451-4080
Contemporary Decks
"Over 25 Years Experience"
360-951-9387
Lic#47CON**046N2
Proposal Date: 10/1/2018
From:
44 Construction (DBA Contemporary Decks)
3020 Gravelly Beach Lp.NW
Olympia, WA 98502
(360) 951-9387
email: contemporarydeck a,aol.com
Submitted To:
Kathy Haigh
Address: 940 Fairmount Ave.
Shelton, WA 98584
email: kathaighkaol.com
Scope of Work:
• Demo and haul away existing deck framing, decking boards, railing,
and stairs on all 12 decks
• Composite deck will be built relevant to City of Shelton building code
requirements
• Bid includes 939 square feet of decking on the 5 buildings closest to
the water and 988 square feet of decking on the 5 building closest to
the road
• Support posts will be 4" x 4" pressure treated material
• Posts will be set in a minimum 12" x 12" x 12" concrete footing or
pier pad with a 4" galvanized saddle
• The blocking, ledger, rim, and joists for framing of the deck will be a
minimum of 2" x 6" pressure treated material
• The joists will be laid out 16" on center
• All hangers, lag bolts, and nails will be galvanized
Page 2
• Decking material will be Trex Select composite material; color to be
determined before the job begins
• Decking boards will be fastened with composite decking screws that
match the decking color
• Fascia board material will be preprimed white, wood, trim that can be
painted
• Bid includes 275 lineal feet of tight knot cedar rail in 5 buildings
closest to the water and 295 lineal feet of tight knot cedar rail in 5
buildings closest to the road
• The rail will be all tight knot cedar material and will include 4"x 4"
posts, 2"x 2"pickets (running vertically and spaced no more than 4"
apart), 1"x 4" sandwich boards, and a 5/4"x 4"top cap
• Bid includes 284 square feet of stair material in 5 buildings closest to
the water and 324 square feet of stair material in 5 buildings closest to
the road
• The stairs will have 4"x 4"pressure treated posts and 2" x 12"
pressure treated stringers (if we install concrete treads, then we will
use 4"x 12"pressure treated framing)
• The stairs will have Trex Select composite decking boards
• The job site will be left in a clean manner at all times
• One deck will be completed per day for safety and increased access to
each dwelling
• Scraps and leftover materials will be removed at the end of the project
• Provide and guarantee all materials and workmanship for five-years
• The manufacturer's warranty applies to all pressure treated and
composite decking materials
PRICING
For all the work listed above:
1. Demo and haul away existing deck material (1927 sq/ft): $ 5,781.
2. Build new deck with Trex Select decking (1927 sq/ft): ... $44,321.
3. Install tight knot cedar rail on the deck and stairs (5701f):$ 16,530.
4. Build new stairs with Trex Select decking (608 sq/ft): ....$ 16,416.
Subtotal: S 83,048.00 + tax
Page 3
Proposal does not include:
• Permit Fee: we will obtain the permit and ask that you reimburse us for
this expense upon receiving a receipt from the City building department
• Engineering Fee: this is required for the building permit; this additional
fee will be $ 6,000. + tax
• Procurement Fee: this includes obtaining all necessary documents such as
building plans, meeting with the engineer and City building inspectors,
delivery of materials, and anything else needed to complete the job that is
not included in the bid: this additional fee is $ 1,000. +tax
• Stain/Paint Labor and Materials
• Hidden Fasteners
OPTIONS
For specifications listed above (items 1-4 under "PRICING"):
1. Demo/haul away material, build new deck with 5/4" x 4" tight knot
cedar, install tight knot cedar rail, and build stairs with 5/4" x 4" tight
knot cedar decking boards: ... ... . . ... ... ... ... ... ..... $ 68,343.00 + tax
2. Install concrete treads on the stairs with 4"x 12"pressure treated
framing (608 sq/ft): ... ... ... ... ... ... ... ... ... ... ... ..... $ 30,400.00 + tax
Suggested payment plan: one-third due when contract is signed, one-third
due when materials arrive to the job (i.e., start date), and remaining balance
due when work is completed to owner's satisfaction.
All work to be completed in a workmanlike manner according to industry
standards and building code requirements. Any alteration or deviation from
above specifications involving extra costs will be executed only upon
written orders, and will become an extra charge over and above the estimate.
This proposal subject to acceptance within 30 days and is void thereafter as
the option of the undersigned.
i
Page 4
Acceptance of the Proposal
The above prices, specifications, and conditions are hereby accepted. You
are authorized to do the work as specified. Payment will be made as
specified above.
Accepted: Kathy Haigh, Representative
Date:
44 Construction:
(DBA Contemporary Decks)
Date:
Re: 44 Construction/Contemporary Decks Proposal Page 1 of 2
From: JOHN M.WILSON<jjwilson33@comcast.net>
To: Kathy Haigh <kathaigh@aol.com>
Subject: Re:4-J Construction/Contemporary Decks Proposal
Date: Tue,Oct 2,2018 9:51 am
Kathy,
Thanks for letting me know that you got the proposal. -John
On October 2, 2018 at 9:33 AM Kathy Haigh<kathaigh@aol.com>wrote:
I have received the information and I am very pleased with this proposal. I will need
about 1 week to get approval from my board and support for funding. But if talks go well
tomorrow with the Timberland Bank we should be able to move forward within a few
weeks.
Thank you so much.
Kathy Haigh
Mason County Housing Authority, chairperson
----Original Message
From: JOHN M. WILSON <jjwilson33@comcast.net>
To: kathaigh <kathaigh@aol.com>
Sent: Mon, Oct 1, 2018 10:58 pm
Subject: 4-J Construction/Contemporary Decks Proposal
Kathy,
Please find our proposal attached to this email in a PDF file. Please let me know
that you received it and were able to view the PDF without any technical issues
by simply responding to this email with "OK." I also attached a reference list of
former customers to help you vet our company. I included additional fees on the
contract. It is difficult to predict how much the City of Shelton will charge for the
permit (I would estimate about $ 400 per deck or$ 4,800. - that could be on the
high end). After consulting with our engineer, we are charging $ 500. per deck or
$ 6,000. We charge a $ 1,000. procurement fee that includes drawings we need
for our engineer as well as additional time spent obtaining the necessary
documents for the permit and all the other work not described in the proposal, but
is required to get the job done (e.g., inspections). Total fees will be $ 7,000.00 +
tax, plus the cost of the building permit. We will show you the receipt and just ask
that you reimburse us for the amount for the permit fees. We don't make any
money on this, but feel that the $ 1,000. procurement fee covers all the time
meeting with the City building department to obtain the permit. This can take
several meetings, not to mention all the inspections that will be required by the
City. If you have any further questions, please don't hesitate to give me a call or
email. Thanks for the opportunity to bid this job. If you would like to meet the
owner of the company (and the person building the decks), please let me know
and we can set up a time to review the proposal and answer any further
questions you may have about the project.
https://mail.aol.com/webmail-std/en-us/PrintMessage 10/3/2018
Contemporary Decks
360.951 .9387
Licensed/Bonded/I nsured
Lic. #4jcon**046n2
Deck References
1 . Kathleen Penner 360-866-0084
1000 Sq./Ft Composite Deck with Patio Cover
2. David Reed 253-250-5259
300 Sq./Ft PVC Deck
3. Jamie Downing 360-485-5511
1200 Sq./Ft. Composite Deck with Patio Cover
4. Chris Juergens 360-539-5975
500 Sq./Ft. Composite Deck
5. Lauri Ball 253-226-2432
400 Sq./Ft Cedar Deck
6. Brian Nicholes 360-789-7589
400 Sq.Ft. Cedar Deck/Front Porch
7. Ryan Plughoff 360-459-3236
600 Sq./Ft. Composite Deck
8. Ryan Smith 360-480-7028
600 Sq.Ft. Concrete Stained Patio with Cedar Benches
Mason County Housing Authority
415 N 6" Street, Shelton, WA 98584
Proposal for Funds for Roof Repair and Replacement
Locations: Pine Garden Apartments, 3000 Johns Praire Rd, Shelton
Funds Requested: $75,000.00
Purpose: Roof Removal and installation of asphalt roofing shingle.
Rationale: There are several areas of leaking that have been temporarily
fixed but the entire complex of buildings were replaced over ten
years ago and are now failing. Complete replacement has been
advised by two separate roofing companies.
We have received two bids that are essentially the same.
The company that did the immediate repairs was Cogent Construction
and we would most likely select them to do the work.
Project Start Date: Congent Construction has been planninng to begin
work within the next month should we access funds. However,
the project can be broken down to address the roof on building
91 that has the most significant leak.
Goal: Maintenance and safety to ensure the longevity of the buildings
This apartment complex is under HUD funding and was just inspected
and given approval by the HUD inspectors.
COGENT
CONSTRUCTION INC
• COXQ*MCLAL D RESUMMAT.ROOFING Date Estimate#
PO BOX 675
Union WA 98592 10/17/2018 5363
Lic#COGENC1931116
Phone: 360.427.3162 Fax: 360.427.4377
Email: Info@CogentConstructionlnc.com
Web:www.CogentConstructionlnc.com
Name/Address
Kathy Haigh
301 S 5th St.
Shelton,WA 98584
P.O. No. Project
3000 Johns Praric Rd...
Description Total
Removal of all composition on entire Building and re roof with Certainteed landmark composition with scotchgard over 9,720.00
synthetic underlayment.Hand nail all shingles.Remove and dispose of all debris.
This estimate includes all ventilation,pipe boots,flashing and/or any other roof related components.
' Replacement of any rotten sheeting will be an additional charge at$2.25 per square foot.
This estimate includes all temporary repairs and removal of existing tarp
Any composition estimate over$15,000.00,as well as all metal estimates,will require
1/2 down payment upon material order,with balance due upon completion.
Cogent Construction Inc.requires signature and date on Estimate for acceptance of contract.Purchaser has up to 24 hours
for recision of entire contract less deposit.Recision of contract after 24 hours will hold purchaser liable for 33%of entire
contract along with any acquired fees or costs associated with said project.All material is guaranteed to be as specified.
All work shall be completed in a quality manner in accordance with industry standards.
ALL ESTIMATE PRICES ARE DISCOUNTED BASED ON CASH OR CHECK PAYMENT.
CREDIT CARD PAYMENTS ARE SUBJECT TO A 3% MERCHANT CHARGE.
Fees,Permits and Washington State Sales tax Total $9,720.00
are not included in this estimate:
Customer Signature
Date / /
ASCEND ROOFING COMPANY LLC
Residential & Commercial Roofing Specialists
Mailing Address: PO Box 156 Shelton, WA 98584
1800 Olympic Hwy. South Shelton, WA 98584
Office: 360-868-2730 - Fax: 360-868-2625
ASPHALT ROOFING SHINGLE RE-ROOF PROPOSAL
August 1,2018
Submitted to: Site Address:
Mason Co.Housing Authority Pine Garden Apartments
PO Box 1982 3000 E Johns Prairie Rd
Shelton,WA 98584 Shelton,WA 98584
Phone:(360)490-1977 Presented By:
kathaigh aol.com Vern Gonzales
Proposal Value
BUILDING#1: Pabco Premier ARS Laminate Asphalt Shingle ........................................ $10,058.00+ (WSST)
BUILDING#2. Pabco Premier ARS Laminate Asphalt Shingle................... .....................$11,927.00+(WSST)
BUILDING#3: Pabco Premier ARS Laminate Asphalt Shingle) ....................................... $21,984.00 + (WSST)
BUILDING#4: Pabco Premier ARS Laminate Asphalt Shingle........................................ $18,356.00+(WSST)
BUILDING#5: Pabco Premier ARS Laminate Asphalt Shingle.......................................... $9,878.00 + (WSST)
SCOPE OF WORK:
Roof Removal-We will remove the existing layer of asphalt roofing shingle down to existing roof substrate.We will make
every effort to keep the property free of debris from the roof while we are working upon the site. We will inspect the
substrate on the home to ensure the substrate is free of any dry-rot or broken framing. If we do find dry-rot or broken
framing, we will have to correct before we can move on and install the new roof system. All dry-rot repair and framing
repair will be at an additional cost to this proposal. If we must replace any rotten sheathing, it will be done at a cost of
$58.00 per sheet replaced.
Installation —We will install over the entire roof surface, one layer of an asphalt saturated felt underlayment with one
continuous sheet over the entire roof deck on the house. We will install a metal drip edge on all gable ends and a starter
metal on all eaves.We will install a starter course on the eave edge and the gable ends.We will install an asphalt laminate
roofing shingle in the pattern set by the International Building codes for maximum shedding of water off the roof. We will
install new step flashing up the side walls.We will install attic roof vents to meet current attic ventilation codes.We install
positive connected flapper vents for the bathroom ventilation. We will install new metal base pipe flashings around the
plumbing vent pipes as needed.We will install new hip and ridge shingles on top of the ridge line.
In-General-The exposed fasteners used to secure the flashing down,will be a threaded hex-head screw with a neoprene
washer attached to the screw_ All debris will be cleaned up, removed and properly disposed of. All work will be done
according to Western States Roofing Contractors Association steep slope details and recommendations and 2018
International Residential Code and manufacture recommendations.
VVAS N i l+'.GTCIN STATE 00fd 0R REG 1518 A.Ti0N'NUN?SFR A5C._E NRC89 G N.•A
MATERIALS TO BE USED:
• Laminate asphalt roofing shingle:
o Manufacturer:Pabco Roofing Products
■ Product:Premier with Scotch Guard
• Manufacturer Warranty:30-Year limited warranty
■ Wind rating:110 M.P.H.
• Underlayment:
o Manufacturer:Apoc Roofing Products
■ Product:15 Lb.felt underlayment
• ASTM rating:D-4869
• Ventilation:
o Attic exhaust:
■ Product:RVO 38
• Square inch of ventilation:38 square inches of net free area
■ Product:PBK-4"flapper vent
■ Square inch of ventilation:8 square inches of net free area
• Plumbing Vent Pipe flashings:
o Location: Plumbing vent pipe flashings
■ Product:No-Caulk metal base pipe
• Perimeter edge flashing:
o Eave edge,Gable edge,End wall&Side wall
■ 26-gauge kynar painted metal flashing
• Fasteners:
o Asphalt roofing shingle fastener
■ 3/4-inch barbed shank roofing nail in soffit area
■ 1&1/4-inch barbed shank roofing nail in field area
o Exposed fastener
■ Painted hex-head screw with neoprene gasket attached to the head of the screw
Material Warranty:
• Pabco 30-year Limited Shingle Warranty
Labor:
• installation of all products and services listed above
• Written labor guarantee:10 years
o Against any installation errors
NOTIFICATIONS:
• Proposal Price Protection—This proposal will expire September 15,2018
• This proposal will abide by all Washington State Prevailing Wage Laws
• Payment for above Scope of Work will be due upon completion
• WSST and Building Permit are not included in this proposal
WASHINGTON STATE CONTRACTORS REGISTRATION NUMBER ASCENRC896MA
EXCLLISIONS
Ascend Roofing Company LLC accepts no liability to indemnify or hold the building owner and/or others harmless for
damages to persons or property, except those that are the direct result of Ascend Roofing Company LLC negligent error or
omission which occur during performance of Ascend Roofing Company LLC work. Ascend Roofing Company LLC disclaims
any and all liability for damages to persons or property resulting from mold growth within any part of the building envelope
due to moisture entering the building envelope prior to Ascend Roofing Company LLC completion of installation of the roof
system or as the result of damage to or penetration of the installed roof system by others. Due to mold growth,any wet
plywood will be removed and replaced at an additional cost to this proposal. And lastly,we have not bid into this proposal
the cost of the building permit and Washington State sales tax.
PAYMENT:
At the end of the job, the balance of the proposal and sales tax is to be paid in full when the warranties, guarantees,
maintenance manual and invoice is presented. If payment is made with a credit card, please add 2.5% to the original
estimate for a convenience fee.
ACCEPTANCE OF PROPOSAL:
The above prices,specifications and conditions are satisfactory and hereby accepted. You are authorized to do
the above work as specified. Payment will be made as outlined above. If the total balance due is not paid within
10 days from the invoice date,the customer is subject to a late charge.The late charge is computed at a rate of
1.5%per month on the total balance unpaid. If Ascend Roofing Company LLC should have to obtain legal counsel
to collect,all legal costs will be the burden of home owner.
SIGNATURE:
Printed Name:
Date:
Selections
Color of Roof Selected: Color of Flashing Selected:
Vern Gonzales/Estimator Initial Home Owner/Building Representative Initial
Dated: Dated:
If a down payment is requested prior to the start of stated Scope of Work,the remaining balance will be paid
after the full completion of job description.A Down Payment in the amount of was
Received on / / and the remaining amount will be paid in full afterjob completion
'WASHINGTON STATE CONTRACTORS REGISTRATION NUMBER ASCENRC.E96MA
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Mason County Housing Authority
415 N 6t' Street, Shelton, WA 98584
Proposal for Funds for Roof Repair and Replacement
Location: Goldsborough Cove Apartments, 301 S 5t' St, Shelton
Funds Requested: $47,800.00
Purpose: Roof removal and replacement of asphalt roofing shingles
Rationale: There are areas of roof that are leaking in buildings #2 and #3.
The buildings have been inspected by Cogent Construction.
They are willing to just do leak repair work but they strongly
recommend replacement for all 5 buildings.
These buildings are funded through the RD program with the Department
of Agriculture and funding for this project would come from the same reserves
used to replace the decks and stairs at Fairmount Coves.
Goal: Maintenance and preservation of these building housing 20 low income
residents.
f
COGENT
CONSTRUCTION INC
C AdNM A1_ ASID Ai.ROOFING Date Estimate#
PO BOX 676
Union WA 98592 11/12/2018 5375
Lic#COGENC1931R6
Phone:360.427.3162 Fax: 360.427.4377
Email: Info@CogentConstructionlnc.com
Web:www.CogentConstructioninc.com
Name/Address
Kathy Haigh
301 S 5th St.
Shelton,WA 98584
P.O. No. Project
301 S 5th st shelton
Description Total
Removal of all composition on each building numbered below and re roof with Certainteed landmark composition with
scotchgard over synthetic underlayment.Hand nail all shingles.Remove and dispose of all debris.
Building 41 7,900.00
Building 42 7,900.00
Building 43 8,800.00
Building#4 8,800.00
Building#5 8,800.00
Laundry Room building 5,600.00
This estimate includes all ventilation,pipe boots,flashing and/or any other roof related components.
Replacement of any rotten sheeting will be an additional charge at$2.25 per square foot.
Any composition estimate over$15,000.00,as well as all metal estimates,will require
1/2 down payment upon material order,with balance due upon completion.
Cogent Construction Inc.requires signature and date on Estimate for acceptance of contract.Purchaser has up to 24 hours
for recision of entire contract less deposit.Recision of contract after 24 hours will hold purchaser liable for 33%of entire
contract along with any acquired fees or costs associated with said project.All material is guaranteed to be as specified.
All work shall be completed in a quality manner in accordance with industry standards.
ALL ESTIMATE PRICES ARE DISCOUNTED BASED ON CASH OR CHECK PAYMENT.
CREDIT CARD PAYMENTS ARE SUBJECT TO A 3%MERCHANT CHARGE.
Fees,Permits and Washington State Sales tax Total $47,800.00
are not included in this estimate:
Customer Signature
Date / /
MASON COUNTY
BRIEFING AGENDA SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: David Windom
DEPARTMENT: Community Services EXT: 260
BRIEFING DATE: 10 Dec., 2018
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Reclassify the Permit Assistance Manager (Salary Range 32) to Permit
Assistance Administrator (Salary Range 33)
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions)In addition to all current duties, the new Permit Assistance
Center Administrator also serves as the program manager for the integration of
technology into the department ensuring that coordination occurs throughout the
department, that the online permitting is developed, on-boarded and goes live on
time and on budget. The Permit Assistance Administrator will be the designated
online permitting manager as the system goes forward which requires coordination
with the vendor and all divisions of Community Services and serves as the liaison to
other county departments using the system
This new responsibility adds significantly to the work load and changes the function
and focus of the PAC Manager to include senior administrative functions. The
current permit system is no longer supported and the move to new software is an
absolute necessity. By concentrating the responsibility to the Permit Assistance
Administrator, the PAC becomes the hub for all things related to online permitting
but requires a much higher level of coordination than before.
The Permit Assistance Center Administrator is now directed to be the human resources
coordinator for DCD coordinating with division leads, assessing HR needs and
requirements for training, arranging training, screening applications, arranging
interviews, and assisting the Director with human resources needs and administrative
functions as directed.
BUDGET IMPACTS: Increase from Salary Range 32 to Salary Range 33 for
2019 budget impact $3,860.00 salary/benefits
RECOMMENDED OR REQUESTED ACTION: Request approval
ATTACHMENTS: Reclassification Form and Job Description
Briefing Summary 12/5/2018
RECLASSIFICATION REQUEST FORM
Mason County Personnel Policy 5.3 Reclassification Policy
INSTRUCTIONS:
The following factors may be considered as evidence of possible eligibility for
reclassification:
a. A majority of job duties have changed to the extent they are more
accurately reflected in another existing classification description;
b.A majority of job duties have changed to the extent the job entails a
different skill set, which requires increased education or experience in
order to perform essential job functions.
DATEA242018 UNION.N/A DEPARTMENT:Community Services
UNION APPROVAL:❑
REPARER FLSA STATUS: HUMAN RESOURCES REVIEW:
David Windom EXEMPT® DATE:Click here to enter a date.
NON EXEMPT❑ REVIEWED BY:
CURRENT JOB TITLE:Permit Assistance Manager CURRENT SALARY RANGE:
32
PROPOSED NEW JOB TITLE:Permit Assistance Center Administrator PROPOSED NEW SALARY RANGE:
3
AT
CURRENT JOB DESCRIPTION:❑ PROPOSED JOB DESCRIPTION:
BACKGROUND:Community Service Director seeks to realign all management positions and salary levels in a manner more representative of
current work loads as well as projected work loads.
REQUEST(Specifically outline the job duties&increased education requirements,which require a different skill set causing the increased education
experience):
In addition to all current duties,the new Permit Assistance Center Administrator also serves as the program manager for the integration of technology
into the department ensuring that coordination occurs throughout the department,that the online permitting is developed,on-boarded and goes live on
time and on budget.The Permit Assistance Administrator will be the designated online permitting manager as the system goes forward which
requires coordination with the vendor and all divisions of Community Services and serves as the liaison to other county departments using the system.
The Permit Assistance Center Administrator is now directed to be the human resources coordinator for DCD coordinating with division leads,
assessing HR needs and requirements for training,arranging training,screening applications,arranging interviews,and assisting the Director with
human resources needs and administrative functions as directed.
ASIS OF REQUEST(Reason why the position has now taken on the new job duties,outside of their normal type of work):
is new responsibility adds significantly to the work load and changes the function and focus of the PAC Manager to include senior administrative
functions.The current permit system is no longer supported and the move to new software is an absolute necessity.By concentrating the
responsibility to the Permit Assistance Administrator,the PAC becomes the hub for all things related to online permitting but requires a much higher
level of coordination than before.
ACTION REQUESTED:Increase the Permit Center Manager position from a Salary Range 32 to Salary Range 33.
Elected Official/Department Head Signature Date
Human Resources Signature Date
Does this request qualify for Reclassification? ❑Yes ❑No
If"YES"department must prepare an Agenda Action Cover Sheet for BOCC approval.
Is a Salary Range Resolution needed? ❑Yes❑No
If"YES"Human Resources must prepare the resolution and attachment's necessary.
Date Approved:Click here to enter a date.
Once approved it is the responsibility of the department to submit a Personnel Action Form.
��p*3 CO&
POSITION DESCRIPTION
Y
ISM
Title: Department:
Permit Assistance Center Administrator Community Services
Affiliation: Reports to:
Non-Represented Community Services Director
Salary Range: Supervises/Directs:
33 Building Inspectors, Permit Specialists, Fire Marshal, Code
Enforcement
Risk Class: 5306 Exempt: X Non-Exempt:
Established Date: Revision Date:
Aug2018
GENERAL DESCRIPTION: Leads, plans and organizes the activities within the Permit Assistance Center
(PAC). Provides professional services, as appropriate. Assures the efficient and effective use of PAC
personnel, funds, material and time. Identifies, recommends, implements and maintains sound organizational
practices within the PAC to ensure optimal customer service for the general public when seeking PAC
assistance. Work is performed under the general direction of the Community Services Director.
ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed
examples include all tasks which may be found in positions of this class.)
Directs PAC operations to achieve goals within budgeted funds and available personnel to ensure services are
provided in an efficient and timely manner, to include: planning and organizing workloads and staff
assignments; conducting regular and timely progress reviews of permits and inspections; and, directing
changes in priorities and/or schedules, as required.
Manages and coordinates the Permit Assistance Center activities of staff by planning and organizing
workloads and assignments, conducting performance evaluations, monitoring and resolving grievances and
other personnel matters and providing training to employees to aid in effective delivery of services to the
general public.
The PAC Administrator now serves as the program manager for the integration of permitting technology into
the county ensuring that coordination occurs throughout the county, that the online permitting is developed,
on-boarded and goes live on time and on budget. The PAC Administrator will be the designated online
permitting manager as the system goes forward which requires coordination with the vendor and all divisions
of Community Services and serves as the liaison to other county departments using the system.
Implements policies, procedures and performance standards to assure efficient and effective activities that are
in compliance with county guidelines, goals and objectives, and federal, state and local laws and statues.
Reviews and analyzes existing practices and procedures to recommend improvements and changes as
warranted.
Assists the Community Services Director in the preparation and administration of the PAC budget based on
staffing, resource requirements, cost estimates, and Community Services Department goals and objectives.
Monitors the budget to ensure adherence to approved levels and standards.
Provides leadership and direction in developing goals and objectives for PAC operations.
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POSITION DESCRIPTION
.Y
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As necessary, coordinates PAC activities with other County departments and outside governmental agencies.
Ensures enforcement of building and energy codes in the County conforms with state and federal building and
energy codes. Serves as final authority for interpretation of County codes and sets policy for County code
interpretation.
Leads the development and maintenance of systems and detailed records, files, and logs on computerized and
manual record keeping systems to ensure accurate and reliable statistical reports and to provide for proper
evaluation, control and documentation of PAC operations. Serves as the PAC Public Records Officer.
OTHER JOB FUNCTIONS: Coordinates the resolution of inquiries, complaints, problems or emergencies
affecting the availability, delivery or quality of service. Responds to the most sensitive or complex inquiries or
service complaints.
Analyzes and recommends improvements to PAC operating systems.
Performs all other duties, as required.
The Permit Assistance Administrator is now directed to be the human resources coordinator for DCD
coordinating with division leads, assessing HR needs and requirements for training, arranging training,
screening applications, arranging interviews, and assisting the Director with human resources needs and
administrative functions as directed.
WORKING CONDITIONS: Work is performed in an office environment while sitting at a computer or desk
operating general office equipment. May lift or move up to 20 pounds.
QUALIFICATIONS: Duties are primarily performed in an office environment, but may require driving to
meetings or on-site field inspections.
Knowledge of
• Management and supervision principles and best practices.
• Legal requirements, regulations and laws applicable to area of responsibility.
• Fiscal management, to include, budget preparation, expenditure control, and documentation.
• Uniform and County building and energy codes, ordinances and regulations.
• Practices, principles and procedures building code inspection and enforcement.
• Human Resources policies and procedures
Ability to
• Plan, organize and oversee assigned work programs, to include monitoring work schedules and
evaluating the work of others.
• Develop PAC goals and objectives.
• Analyze and evaluate PAC operations and, as required, develop and implement corrective actions.
• Establish and maintain effective working relationships with employees, County Commissioners,
other agencies and the general public.
• Communicate effectively, both orally and in writing, with individuals and groups regarding complex
or sensitive issues or regulations.
• Physically perform the essential duties of the position.
EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience, which provides
the applicant with the knowledge, skills, and abilities, required to perform the job. A typical way to obtain the
knowledge and abilities would be:
POSITION DESCRIPTION
s
tau
Bachelor degree in business or public administration coupled with five years of progressively responsible
experience emphasizing customer service. At least two years of the required experience must have been as a
supervisor or manager.
Three years of comprehensive community development experience.
COU��?-
POSITION DESCRIPTION
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LICENSES, CERTIFICATES AND OTHER REQUIREMENTS:
Valid Washington State Driver's License or ability to obtain within three months of hire.
have read and understand the above position description.
Name: Date:
Signature:
HR/Manager Signature:
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Michael MacSems
DEPARTMENT: DCD EXT: 571
BRIEFING DATE: December 10th, 2018
ITEM: Briefing for announcement of the Winter 2019 Mason County Heritage Grant
cycle on 12/10/18.
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions)
RCW 36.22.170 created a surcharge on documents recorded with the County Auditor,
one dollar of which is dedicated for County historic preservation purposes.
The Mason County Historic Preservation Commission wishes to channel some of these
funds to organizations engaged in the collection, preservation and interpretation of
Mason County's heritage. In pursuit of that goal, the Mason County established a
Heritage Grant program in 2011 that provides reimbursement grants for up to $5,000
for qualified projects and applicants. This is a reimbursement grant, so no public
money is spent until contracted grant work is complete.
January 2019 marks the County's 16th HGP cycle and now is the time to get the word
out to the public.
Budget Impacts: This grant cycle could cost the Historic Preservation (dedicated)
fund as much as $10,000. The HPC is unlikely to recommend awarding more than
$10,000 per grant cycle. This amount might need to be reduced depending on the
overall needs of the Historic Preservation budget.
RECOMMENDED OR REQUESTED ACTION:
Staff reads the attached News Release at the December 18th 2018 BOCC meeting.
Attachments: New Release
Briefing Item Summary Form New Release.doc
NEWS RELEASE
December 18, 2018
MASON COUNTY COMMISSIONERS
411 NORTH 5T" ST
SHELTON, WA 98584
(360) 427-9670 EXT. 419
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE
OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON
CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC
DEVELOPMENT COUNCIL, THE SUN
RE: Mason County Heritage Grant Cycle
The Mason County Commissioners and the Mason County Historic Preservation
Commission are pleased to announce that applications are being accepted for the
Winter 2019 Mason County Heritage Grant cycle.
On behalf of the Board of County Commissioners, the Mason County Historic
Preservation Commission administers the Mason County Heritage Grant Program to
assist projects that promote the public's access to County history. The program is
funded with a portion of document recording fees collected by the Mason County
Auditor. The allocation of these fees for projects that "promote historical preservation or
historical programs, which may include preservation of historic documents" is authorized
under RCW 36.22.170. The revenues accrue to a dedicated fund and may not be used
for any purpose other than those stipulated in the statute.
Grants in amounts up to $5,000 may be awarded to qualified organizations for
professional development, public education, small capital projects, collections
management, heritage investigations and historic preservation. This is a reimbursement
grant. It is very important that organizations considering application for this grant read
the grant guidelines and other details on the Mason County website:
http://www.co.mason.wa.us/forms/historic/grant_guidelines.pdf
Grant applications are available on The Mason County website:
http://www.co.mason.wa.us/forms/historic/heritage-grant-application.pdf
Proposals can be mailed to the Mason County Historic Preservation Commission, 615 W
Alder Street, Shelton, WA, and postmarked no later than July 13, 2018. Applications
may also be hand delivered to 615 W Alder Street, Shelton, WA 98584, no later than
12:00 PM January 18, 2019.
Questions should be directed Michael MacSems at 427-9670 ext. 571.
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Kevin Shutty Terri Drexler
Chair Commissioner Commissioner
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kell Rowen, Planning Manager
DEPARTMENT: Community Services EXT: 286
BRIEFING DATE: December 10, 2018
PREVIOUS BRIEFING DATES: October 16, November 19, and November 26, 2018
ITEM: Public Benefit Rating System (PBRS).
EXECUTIVE SUMMARY: The Mason County Planning Advisory Commission (PAC) voted (5-0) to
recommend approval of their final version of the PBRS. The PAC considered the BOCC's remanded
version (10-22-2018) and public testimony at their November 19, 2018 meeting and public hearing.
This briefing is to discuss the final draft and the timing of reevaluating properties in the existing Open
Space program under the new PBRS prior to the scheduled BOCC public hearing on December 18,
2018.
BUDGET IMPACTS: The PBRS will change the way property tax reductions are applied under the
current Open Space program.
RECOMMENDED OR REQUESTED ACTION: Discussion.
ATTACHMENTS: PAC final draft (11-20-2018) with BOCC briefing comments.
Briefmg Summary 12/4/2018
DRAFT
Chapter 17.18–Mason County Public Benefit Rating System
Sections:
17.18.010—Purpose and intent.
17.18.020—Definitions.
17.18.030—Operation of the county public benefit rating system.
17.18.035—Eligibility of high,medium and low priority public benefit resources.
17.18.040—Ineligible lands.
17.18.050—Assessed valuation schedule—Public benefit rating system.
17.18.070—Basis of assessment.
17.18.080—Application to the county under the public benefit rating system.
17.18.090—Application fees.
17.18.100—Time to file.
17.18.110—Application review.
17.18.120—Board decision.
17.18.130—Unincorporated lands.
17.18.140—Incorporated lands.
17.18.150—Monitoring for compliance.
17.18.160—Removal of land classification by county assessor.
17.18.170—When removal of land is not subject to additional tax,interest,and penalties.
17.18.180—Transfer of lands between certain current use taxation classifications.
17.18.190—Owner may request withdrawal from classification.
17.18.200—Action on withdrawal from classification.
17.18.210—Owner to notify assessor of change in use in classification.
17.18.220—Sale of open space classified land.
17.18.230—Review of previously approved open space applications.
17.18.240—Duties of the Planning Commission.
17.18.250—Severability.
17.18.010-Purpose and intent.
A. Purpose. It is in the best interest of the county to maintain,preserve,conserve,and otherwise
continue in existence adequate open space lands for the production of food,fiber,and forest
crops, and to assure the use and enjoyment of natural, historic and cultural resources and
scenic beauty for the economic and social well-being of the county and its citizens.
Additionally,it is in the county's interest to provide incentives that encourage the retention of
open space in compliance with Growth Management Act principles.
B. Intent. It is the intent of this chapter to implement Revised Code of Washington (RCW), as
amended, by establishing procedures, rules, and fees for the consideration of applications
made by land owners for public benefit rating system assessed valuation on"open space land"
as defined in RCW 84.34.020(1) and (8). The provisions of Chapter 84.34 RCW, and the
regulations adopted thereunder shall govern the matters not expressly covered in this chapter.
17.18.020-Definitions.
For the purposes of this chapter,unless otherwise required by the context,words and phrases shall have
the following meaning:
(1) "Assessor"means the Mason County assessor or his or her designated representative.
(2) "Board"means the Board of County Commissioners of Mason County.
11-29-2018 Page 1
(3) "County"means Mason County,state of Washington.
(4) "Open space land"means any land area so designated by the Mason County comprehensive
land use plan adopted by the County and zoned accordingly,or any land area,the preservation
of which in its present use would:
(i)conserve and enhance natural or scenic resources,or
(ii)protect streams or water supply,or
(iii)promote conservation of soils,wetlands,beaches or tidal marshes,or
kiv)enhance the value to the public of abutting or neighboring parks,forests,wildlife preserves,
nature reservations or sanctuaries or other open space,or I_ --tv:ot!ed
mented[KRIJ:BOCC recommended to strike.PAC
--------------------
(v)enhance recreation opportunities,or to retain.
Is directly from RCW 84.34.020(1)(W).
(vi)preserve historic sites,or
(vii)preserve visual quality along highway,road,and street corridors or scenic vistas,or
(viii)retain in its natural state tracts of land not less than one acre situated in an urban area and
open to public use on such conditions as may be reasonably required by the legislative body
granting the open space classification,or any land meeting the definition of farm and agricultural
conservation land in RCW 8.34.020(8).
(5) "Planning Commission"means the Mason County Planning Advisory Commission.
(6) "Planning Department" means the Mason County Planning Department under the Community
Services Division.
(7) "Public Benefit"means any activity or activities that accomplish a public purpose and/or provide
for a community's social,economic,and cultural well-being,public health,and safety.
(8)"Rural Lands"means those areas outside of the designated Resource Lands and Urban Growth
Areas.
(9) "Shoreline Environments" means those designated lands as defined in the Mason County
Shoreline Master Program.
(108) "Urban Areas"are those designated in Urban Growth areas around the incorporated area
of Shelton and the two unincorporated areas of Allyn and Belfair.
17.18.030-Operation of the county public benefit rating system.
To be eligible for open space classification under the county's public benefit rating system,property must
contain six(6)or more open space resource points listed below as defined in Mason County Code(MCC)
Section 17.18.035 of this Chapter. These resources are defined in this chapter and ranked as high,
medium or low priority open space resources.High priority open space resources receive ten(10)points
each, medium priority open space resources receive six(6) points each, and low priority open space
resources receive two(2)points each.Properties can receive a maximum of thirty(30)points. Portions of
property may also qualify for open space designation.
A. High priority open space resources.Ten(10)points each:
1. Public recreation area;
2. Trail linkages and recreational corridors;
3. Natural shoreline environments;
4. Aquifer protection areas;
5. Special plant or ecological sites,
11-29-2018 Page 2
6. Regulated�vVetlandst_________________-__________----------—-- Commented[KR2]:BOCC recommended to strike
7. Significant fish and wildlife habitat conservation areas; altogether.PAC voted to retain in part,after reviewing
Section 17.18.035 A.6.
8. Historic landmarks/archeological sites;
9. Private lands within designated federal lands(Olympic National Park or Olympic National
Forest;and L_------------'----------------------------
-—-- Commented[KR3]:BOCC recommended to strike.PAC
10.Varm and agricultural conservation lands_ voted to retain.Staff searched for private parcels in the ONP
--------------"'------'-'--� andONFandcould only find parcels owned byTacoma
B. Medium priority open space resources.Six(6)points each: �. Power(public/non-taxed).
1. Conservancy shoreline environments; ` Commented[KR4]:BOCC had a split recommendation to
2. Scenic natural resources,viewpoints,and view corridors; retain In High or move to Medium priority.PAC voted to
retain in High priority.
3. Urban open space;
4. Pural open space]_---------------------------------------—-
- Commented[KRS]:BOCC had a split recommendation to
C. Low priority open space resources.Two(2)point each: move to tow priority or strike.PAC voted to retain in
Medium priority.
1. Restored lands;
2. Other shoreline environments.
P_,_,rrRR1.-.qn value at ten(10)peFGeAt Of MBFket value
D6. Special exceptions to this priority framework that do not violate state(RCW 84.34)law and that
have the support of either the Washington State University Cooperative Extension Service,the
Washington State Department of Natural Resources, the USDA, Natural Resource
Conservation Service, Mason County Conservation District, or any other agency with
knowledge or expertise regarding any open space reclassification or other current use
application will be considered on a case by case basis.
FE. Completed restoration projects pursuant to provisions of the County's Shoreline Master
Program,which specifically address one of the priority actions in MCC 17.50.260(A)(8)(a.-m.)
shall be automatically eligible for current use value at ten(10)percent market value.Property is
eligible during the monitoring phase.
17.18.035-Eligibility of high,medium and low priority public benefit resources.
A. High priority resources.
1. Public recreation area means property which is currently devoted to providing active or
passive non-motorized recreation use or which complements or substitutes for government
facilities.The facility must be open to the public and,if charging a use fee,that fee shall be no
higher than the fee charged by a like public facility. In addition,the facility must be managed
using best management practices for environmental sustainability. An eligible site is then
identified by the planning department or its designee as meeting the definition of an active or
passive recreation area.
2.Trail linkages and recreational corridors means privately owned trails and corridors that
are publicly accessible and used for hiking,biking,walking,horseback riding,and jogging.The
trails may vary in scale and surfacing and may also be used as a means of non-motorized
transportation connecting one (1) destination point to another. Streets, roads, and highways
with widened shoulders or bike lanes are not included in this category. Eligible lands must be
11-29-2018 Page 3
used as a public trail or corridor that remains in private ownership. Public access on the trail
from a public road or public trail is required. '
3.Natural shoreline environment means a marine,lake,or river shoreline and its"associated
wetlands"designated as"natural"under the County's Shoreline Master Program. To qualify
there must be no structures or buildings.including bulkheads from the ordinary high water mark
(OHWM)to the established common-line plus 50-feet.To be eligible,this area shall be covered
with native vegetation.
4. Aquifer protection areas means those areas as regulated under MCC 8.52.120 (Critical
Aquifer Recharge Areas), which are determined to have an important recharging effect on
aquifers used as a source for potable water, recharging salmon streams and/or vulnerable to
'contamination from recharge.To be eligible,this area shall remain undeveloped,free from the
storage of materials,including parking, etc.and must have a plant community in which native
plants are dominant.At least one acre of open space shall be designated as a critical aquifer
recharge area.
5. Special plant or ecological sites means sites with naturally occurring concentrations of
those plants defined as being monitor species and meeting the criteria for native plant
communities by the Washington State Department of Natural Resources; or an old growth
forest stand at least five(5)acres in size.An eligible site must be listed in the Natural Heritage
Data Base or be identified by an expert acceptable to the department confirming that qualified
species are present on the property.
6. �tequllabd-wlKetlands Lneans wetlands as defined_by_MCC 8_52_110 _and Shall be - Commented[KR6]:B000recommended tostrike.PAC
delineated and categorized by a qualified wetland professional.To be eligible,wetland buffers, voted to strike"regulated",and retain"wetlands"based on
including buffer averaging,shall have at least 10 percent greater buffer than required by MCC definition and requirement for larger area than otherwise
8.52.110.Buffers shall be covered with native vegetation. required by regulations.
7.Significant fish and wildlife habitat conservation areas means areas identified as being
of critical importance to the maintenance of fish and wildlife species including areas with which
endangered, threatened, and sensitive species have a primary association; habitats and
species of local importance; and streams. To be eligible, this area shall be at least 10,000
square feet in size and protecting a critical area with at least 10 percent greater buffer than
required by MCC 8.52 or MCC 17.50. Buffers shall be covered with native vegetation. The
Planning Department may require preparation and submittal of a biological site assessment or
habitat management plan that shall provide a description of the fish and wildlife habitat
conservation area, the location of the protected features, the location of buffers and a
description of efforts to protect the fish and wildlife habitat conservation area,or a description of
restoration efforts in those instances where the critical area has been damaged.
8. Historic landmarks/archaeological sites means lands which constitute or upon which is
situated a formally designated historic landmark , including buildings, structures or sites of
significance in the county's historic or prehistoric heritage, such as Native American sacred
sites and settlements,trails, pioneer settlements,farmsteads,roads,industrial works, bridges,
burial sites, prehistoric and historic archaeological sites and landscapes, or traditional cultural
properties and landscapes. Eligible properties must be listed on the county, State or Federal
register of historic places or landmarks for which there is regulatory protection. Eligible
properties include contributing properties within designated historic districts. Improvements to
the land are not eligible for other federal or state tax credits.Additionally, land that has been
11-29-2018 Page 4
verified through an archaeological report prepared by a qualified archaeologist that contains
archaeological resources may be eligible.The county will review and make determinations on
eligibility.
9. Private lands within federal lands means officially designated areas under private
ownership located within federal lands that remain undeveloped and are maintained to protect
the landscape of the park or forest. Eligible lands are privately owned parcels dominated by
native vegetation.
10. Farm and agricultural conservation lands means either: (a) Land that was previously
classified under"farm and agricultural land" (84.34.020 (2) RCW) that no longer meets the
criteria for that program and is reclassified as open space land under the criteria of the public
benefit rating system;or(b)Land that is traditional farmland that is not classified under chapter
84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with
agricultural uses,and that has a high potential for returning to commercial agriculture.
B. Medium priority resources.
1. Conservancy shoreline environment means a marine, lake or river shoreline and
associated wetlands designated as"conservancy environment" under the County's shoreline
master program.To qualify there must be no structures or buildings,including bulkheads from
the ordinary high water mark (OHWM) to the established common-line plus 50-feet. To be
eligible,this area shall be covered with native vegetation.
2. Scenic natural resources, viewpoints, and view corridors means areas of ten (10) or
more acres of natural features which are visually significant to the aesthetic character of the
county, contains features which otherwise qualifies as a historic landmark or archaeological
site, or which includes significant wildlife gathering or nesting sites. No lands that have been
subject to commercial logging or mineral extraction within twenty-five(25)years of the date of
the open space classification application are eligible under the public benefit rating system.
Eligible sites must be significant to the identity of the local area and be visible to a significant
number of the public from public rights-of-way. Such lands must be of sufficient size to
substantially preserve the scenic resource value and must be at least ten(10)acres in size.
a.Viewpoint means property that provides a view of an area which is visually significant to
the aesthetic character of the county and which provides unlimited public access identified
by a permanent sign readily visible from a road or other public right-of-way Eligible sites
must provide a view of a scenic natural resource in the county or other visually significant
areas and must provide for unlimited public access.
b.View corridor means an area of adjoining parcels which individually may be less than
one (1) acre but which, when combined, total at least one (1) acre and create a view
corridor critical to maintaining a view of a scenic resource area or other visually significant
area.
3. Urban open space means land located within the boundaries of an urban growth area that
has a plant community in which native plants are dominant and that under the applicable
zoning is eligible for more intensive development or use.To be eligible as urban open space,
the enrolling area must be at least one acre or be at least one-half acre if the area is protecting
a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50.
11-29-2018 Page 5
4.aural open space means an area of five (5) or more contiguous acres that_has aplant___ Commented(KR7]:Bocchad asplit recommendationto
community in which native plants are dominant and that is located outside of the urban growth move to Low priority or strike.PAC voted to retain In
area as identified in the Mason County Future Land Use Map,except that an eligible site may Medium priority.
include former open farmland, woodlots, scrublands or other lands that have been replanted
with native vegetation.
C. Low priority resources.
1.�estored lands means an area of at least one_half acre X21,780 Square feetZ OfpreviOUSy__- Commented[KRS]:BOCC split recommendation:require
disturbed land that has been restored with native vegetation.To be eligible,restoration shall be at least one-acre,OR require at least 10 acres.PAC voted to
determined as established and thriving native plant community. Disturbed lands include lands retain as-is.
previously cleared and/or lands dominated by invasive plants and/or noxious weeds.Additional
points can be given for every one-half acre restored up to a total of five(5)acres(10 points).
2. Other shoreline environments means a marine, lake or river shoreline and associated
wetlands designated as 'rural, residential or commercial environment' under the County's
shoreline master program. To qualify there must be no structures or buildings, including
bulkheads from the ordinary high water mark (OHWM) to the established common-line or
standard buffer plus 50-feet.To be eligible,this area shall be covered with native vegetation.
17.18.040-Ineligible lands.
The following properties shall not be eligible for open space classification:
A. Properties less than one(1)acre or eligible areas less than one-quarter acre(10,890 square
feet)in size unless otherwise specified herein.
B. Properties that do not contain an open space resource identified as either high,medium,or low
priority or meet the criteria under 17.18.030 E.
C. Open space areas or buffers required by zoning,subdivision conditions,mitigation or other land
use regulations, unless the owner provides additional public benefit as described in section
17.18.035.
D. Commercial nurseries, arboretums or other maintained garden sites with native or nonnative
plantings.
E. Properties with outstanding code violations as tracked and reported by the county as an open
enforcement case.
F. Properties or portions of property that have been disturbed by clearing, grading,filling, or any
other non-natural event.
17.18.050-Assessed valuation schedule—Public benefit rating system.
The public benefit rating system for open space land bases the level of assessed fair market value
reduction on the total number of awarded points.The market value reduction establishes the current use
value. This current use value will be expressed as a percentage of market value based on the public
benefit rating of the property and the valuation schedule below:
Commented(KR9]:BOCC recommended amending the
�Public Benefit Rating Points Current Use Value I____ __ table:o-9 pts=100%;10-19 pts=50%.PAC voted to retain
(0—5 points) 100%Of assessed value table as-is.PAC expressed concern that if the table is
(6—9 points) 60%of assessed value amended per BOCC recommendation,the Medium and Low
priority resources would essentially be eliminated from
(10-19 points) 40%Of assessed value consideration for tax reduction because it would be too
difficult to get enough points.
11-29-2018 Page 6
(20—29 points) 30%of assessed value
30+points 20%of assessed value
Properties that allow public access shall receive an additional 10 percent reduction in assessed value.
Property owners that choose to allow public access on their private property shall sial an Indemnification
and Hold Harmless agreement at time of application on forms provided by the County,
17.18.070-Basis of assessment.
In determining the market value reduction of a tax lot comprised of property qualifying for a current use
assessment as an open space priority resource with non-open space land areas,the open space current
use value is applicable to only that portion of the lot containing one(1)or more of the priority open space
resources defined in this chapter,except in the case of public access and parcels with an approved rural
stewardship plan. For each priority resource, the county will determine the appropriate land area that
receives credit for a priority resource and accompanying tax reduction.
17.18.080-Application to the county under the public benefit rating system.
An owner of open space land desiring assessed valuation under the public benefit rating system shall
make application to the Planning Department by filing an application with the county's Permit Assistance
Center. The application shall be upon forms supplied by the county and shall include such information
deemed reasonably necessary to properly classify an area of land under Chapter 84.34 RCW.
17.18.090-Application fees.
A. Each application for current use open space taxation as defined in RCW 84.34.020, must
include an application fee as established in the most current Mason County Planning Permit
Fee Schedule. Upon adoption,application fees shall be set at five hundred(500)dollars.
B. If an application is filed to add farm and agricultural conservation land,forest stewardship land,
resource restoration or rural stewardship land to a parcel that is already enrolled in the Public
Benefit Rating System,no fee shall be charged for the application.
C. In the case of all farm and agricultural land applications, whether the application is based on
land within or outside of an incorporated area,the entire fee shall be collected and retained by
the county. In the case of open space or timber land applications based on land in an
incorporated area,where the city legislative authority has set no filing fee,the county fee shall
govern, and the entire fee shall be collected and retained by the county. Where the city
legislative authority has established a filing fee,the fee established consistent with Section A of
this section shall be collected by the county from the applicant and the county shall pay the city
one-half of the fee collected.
17.18.100-Time to file.
Applications shall be made to Mason County by March 30 of the calendar year preceding the year in
which such classification is to begin.Actual tax reduction will not be recognized until one(1)year after the
classification of the property has been made.
17.18.110-Application review.
11-29-2018 Page 7
A. Applications under the public benefit rating system shall be reviewed by the county and
approved directly by the Board of Mason County Commissioners. By Chapter 84.34 RCW such
applications are exempt from the comprehensive plan annual review amendment cycle and are
SEPA exempt.
B. In determining whether an application made for open space current use taxation status should
be approved or disapproved, pursuant to RCW 84.34.020 and this chapter, the county shall
consider whether preservation of the current use of the land, when balanced against the
resulting revenue loss or tax shift from granting the application under the provisions of this
chapter will:
1. Conserve or enhance natural,cultural or scenic resources;
2. Protect streams,stream corridors,wetlands,natural shorelines,and aquifers;
3. Protect soil resources and unique or critical wildlife and native plant habitat;
4. Promote conservation principles by example or by offering educational opportunities;
5. Enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature
reservations,or sanctuaries or other open spaces;
6. Enhance recreation opportunities;
7. Preserve historic and archeological sites;or
8. Affect any other factors relevant in weighing benefits to the general welfare or preserving
the current use of the property as delineated in this chapter.
17.18.120-Board decision.
The Board of County Commissioners shall consider an application to the public benefit rating system as
defined by RCW 84.34.037.They shall approve the application,with or without terms and/or conditions,
and set the public benefit rating for assessment abatement, or deny the application. In so doing the
following provisions will apply:
A. They shall rate the land applying for classification according to the public benefit rating system;
B. They may approve the application with respect to only part of the land that is the subject of the
application;
C. If any part of the application is denied or conditions attached the applicant may withdraw the
entire application.
17.18.130-Unincorporated lands.
In all unincorporated areas,the Board of County Commissioners shall act as the granting authority for
applications for classification as open space land.
17.18.140-Incorporated lands.
Applications for open space classification of land in an incorporated area shall be acted upon by a
determining authority composed of the three(3) members of the Board of County Commissioners and
three(3)members of the city legislative body in which the land is located (RCW 84.34.037).Where the
county legislative body concurs with a recommendation of the city council to accept or reject an
application for open space classification, such council's recommendation will be adopted as the decision
of the determining authority.
11-29-2018 Page 8
17.18.150-Monitoring for compliance.
A. Monitoring of lands for continuing eligibility for current use assessment as open space lands
shall include an affidavit,to be submitted annually by the landowner, of continuing compliance
with the terms and conditions under which open space classification was granted and the current
uses of the property.The requisite form and contents of the affidavit required for monitoring shall
be described more fully in the county guidelines implementing this chapter. The failure of the
owner to submit the affidavit of compliance shall be grounds for the county to remove and/or
reevaluate the property under the PBRS.
B. Where the Planning Department determines that the land is no longer being used for the
purpose for which the classification was granted or there has been a change in use,it will report
its findings within thirty(30)days to the county assessor.
17.18.160-Removal of land classification by county assessor.
A. Classified land may be removed from the public benefit rating system classification if it is no
longer used for the purpose for which classification was granted or for any other classified use
within the current use program. The assessor may determine, after giving the owner written
notice and an opportunity to respond, that the land classified as open space is no longer
primarily devoted to and used for the purposes for which it was granted classification.
B. When land is removed from classification an additional tax, applicable interest, and penalties
are due unless the removal meets one(1)of the exceptions listed in this chapter.The owner
may appeal the removal of classification to the Hearing Examiner consistent with MCC
15.11.020.
17.18.170-When removal of land is not subject to additional tax,interest,and penalties.
Removal of land is not subject to additional tax,interest,and penalties in the following instances:
A. Land is transferred to a government entity in exchange for other land located in the State of
Washington;
B. Land is taken by power of eminent domain or transferred in anticipation of the exercise of such
power;
C. Land is sold or transferred within two(2)years of the death of the owner of at least fifty-percent
interest in the land;
D. A natural disaster such as a flood,windstorm,earthquake,or other such calamity rather than by
virtue of an act of the landowner which changes the use of such property;
E. Official action by the state,county or city disallows the present use of such land;
F. The land is transferred to a church or other non-profit organization, such that the land would
qualify for a property tax exemption;
G. Acquisition of property interests by agencies or organizations qualified under RCW 84.34.210
and 64.04.130 for protecting, preserving, maintaining, improving, restoring, limiting the future
use of,or otherwise conserving,selected open space land as defined in Chapter 84.34 RCW for
public use and enjoyment.
17.18.180-Transfer of lands between certain current use taxation classifications.
Land reclassified between the following current use assessment resource categories pursuant to RCW
84.34.070 are not considered withdrawals and are not subject to the additional tax interest and penalties:
11-29-2018 Page 9
A. Reclassification between farm and agricultural lands and timber lands;
B. Reclassification of farm and agricultural lands or timber lands to open space lands;
C. Reclassification of farm and agricultural lands or timber lands to forest land classified under
Chapter 84.33 RCW;and
D. Reclassification from open space designated farm and agricultural conservation land under
RCW 84.34.020(1)(c) to farm and agricultural land under RCW 84.34.020(2) if the land was
previously classified as farm and agricultural land.
An application fee must be paid at the time the application is submitted consistent with Section 17.18.090
of this chapter. If the type of transfer is not listed in this section, it is a new application for which the
applicable fees will be applied.
17.18.190-Owner may request withdrawal from classification.
A. After ten(10)years the landowner may request that all or part of his/her land be withdrawn from
the classification.
B. If a portion of a parcel is removed from classification the remaining portion must meet the same
requirements, as did the entire parcel when the land was originally granted classification.
Following withdrawal from classification,future valuation of such land as open space resource
property under the public benefit rating system is contingent upon reapplication and approval
under this chapter.
17.18.200-Action on withdrawal from classification.
Upon receipt of a request for withdrawal,the assessor shall notify the legislative authority that originally
approved the application, and after one(1)year from the date of the withdrawal request, the assessor
shall withdraw the land from classification.The land which is removed shall be subject to a tax equal to
the difference between the amount of tax paid under the open space classification and the tax at true and
fair value for seven (7) years last past, plus the statutory interest rate charged on delinquent property
taxes.
17.18.210-Owner to notify assessor of change in use in classification.
If an owner changes the use of the classified land, the owner must notify the county assessor of the
change within sixty(60)days. The assessor shall then impose an additional tax equal to the difference
between the tax paid on current use value and the tax that would have been paid on that land had it not
been so classified, payable for the seven (7)years last past, plus interest on this additional tax at the
same rate as charged on delinquent property taxes, plus a penalty of twenty (20) percent of the total
amount.
17.18.220-Sale of open space classified land.
When classified open space land is sold,the seller or transferor becomes liable at the time of sale for the
additional tax,interest, and penalty of all or a portion of classified lands, unless the new owner signs the
notice of continuance which is attached to or shown on the excise tax affidavit.
17.18.230-Review of previously approved open space applications.
11-29-2018 Page 10
A. Upon adoption of a public benefit rating system,the Planning Department shall review and re-
rate the existing open space land current use assessment program parcels according to the
public benefit rating system in determining whether to recommend that an application be
approved or denied.
B. Owners of property classified under the existing open space land current use assessment
program shall be notified of their new assessed value in the same manner as provided in RCW
84.40.045.These lands may be removed from classification under the existing open space land
assessment program,without payment of penalties, back taxes, and interest, upon request of
the owner,within thirty(30)days of notification of their newly determined value under the public
benefit rating system.
C. Property which does not qualify under the public benefit rating system and whose owner
chooses not to remove the property from the open space land current use assessment program
shall be rated according to the public benefit rating system(RCW 84.34.037[3]).
17.18.240—Duties of the Planning Commission.
The Planning Commission shall review participation in the public benefit rating system for open space
classification under the county's current use assessment program after the first two(2)years of adoption
and thereafter once every two(2)years.The planning commission shall make written recommendation to
the Board of County Commissioners on the following matters:
A. The fundamental elements of the public benefit rating system,including the assessed valuation
schedule,open space resource definitions,and other procedures defined in this chapter,;and
B. The overall administrative process, including issues such as staffing, outreach to prospective
applicants,application forms,processing,monitoring,etc.;and
C. The public benefit of the open space designated properties, the magnitude of the tax shift
resulting from the designated properties and recommendations for expanding or restricting the
program.
17.18.250-Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the
remainder of this chapter or its application to other persons or circumstances is not affected.
11-29-2018 Page 11
PUBLIC WORKS
MONDAY,DECEMBER 10,2018— BRIEFING ITEMS
FROM PUBLIC WORKS
(For Commissioners Meeting December 18, 2018)
Items for this meeting are due to Diane Zoren on Wednesday,December 12,2018
5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS
(None)
8.0 APPROVAL OF ACTION ITEM
• Letters of Interest for 2019 for Construction Materials Testing Services
• 2019 Federal Highway Bridge Program Grant
9.0 OTHER BUSINESS
(None)
10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME
(None)
DISCUSSION ITEMS:
• ,Highland Road Project Update
• Operator/Teamster Position
• Railroad Ave. - City of Shelton Public Works Director attending
Attendees:
Commissioners: Public Works: Other Dept.: Press: Public:
_Randy Neatherlin _Jerry Hauth List below: List below List Below:
_Kevin Shutty _Diane Sheesley
_Terri Drexler _Bart Stepp
Others-List below:
r)
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jerry W. Hauth/Director
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: December 10, 2018
PREVIOUS BRIEFING DATES:
(If this is a follow-up briefing, please provide only new information.)
ITEM: Letters of Interest for 2019
EXECUTIVE SUMMARY: The Public Works Department would like to advertise
for Letters of Interest to be submitted for Construction Materials Testing Services
for the 2019 calendar year.
This "short list" can be used throughout the year without having to re-advertise
each time the services arise. The upcoming construction season will require
Public Works to use these services to support the work schedule.
RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize
Public Works to advertise for Construction Materials Testing Services for the 2019
calendar year and authorize the County Engineer to enter into agreements for
these services.
Attachment: Advertisement
Briefing Summary
MASON COUNTY
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR
LETTERS OF INTEREST
NOTICE IS HEREBY GIVEN that Letters of Interest for calendar year 2019 will be accepted by the
Mason County Department of Public Works for the following services:
**** CONSTRUCTION MATERIALS TESTING SERVICES for calendar year 2019
Letters of interest SHALL INCLUDE A STATEMENT OF COSTS.
Scope of Work: shall include testing and exploratory capabilities including,but not limited to,the
following:Proctor tests,nuclear density gauge testing for soil and asphalt, soils boring and
analysis and other related work. Because of the nature and need for the work,it is important for
Mason County to receive prompt,reliable service on short notice.
LETTERS OF INTEREST will he accepted by the Department of Public Works office at any time
during the 2019 year. Address: 100 W Public Works Drive,Shelton,WA 98584
MASON COUNTY RESERVES THE RIGHT to reject any or all Letters of Interest,waive informalities
and accept the Letters of Interest that are in the best interest of Mason County.
Dated this 186' day of December 2019.
PUBLISH: 2t:The Shelton-Mason County Journal 1227/18&1/3/19 Bill: Mason County Dept of Public Works
2t: Sun Newspaper—Daily 12/27/18&1/3/19 100 W Public Works Drive
Shelton,WA 98584
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jerry W. Hauth, P.E. Director
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: December 10, 2018
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: 2019 Federal Highways Bridge Program Grant
EXECUTIVE SUMMARY: Public Works would like authorization to use the
County MRSC Roster to select and enter into an agreement for a consultant to
submit an application for the 2019 Federal Highways Bridge Program Grant. The
consultant will review the grant call, gather necessary data, and draft a grant
application. It is our recommendation that the County submit an application for
the Harstine Island Bridge deck surface, but the consultant may determine that
other bridges within the County are also eligible for maintenance grants. Mason
County does not currently have any bridges eligible for replacement funding.
Budget Impacts: The Road Fund, 105 has available capacity to cover all costs
associated with this work
Recommended Action: Recommend the Board of County Commissioners
authorize Public Works to utilize the County MRSC Roster to select a consultant to
prepare a grant application for the 2019 Federal Highways Bridge Program Grant,
and enter into an agreement.
Briefing Summary 12/5/2018
t
Department of Public Works
Mason County Board of County Commissioners
Weekly Briefing
December 10, 2018
ISSUE: CRP 1994 Highland Rd Culvert Replacement Project Update
BRIEFING PURPOSE:
This briefing is to advise Commissioners of the proposed detour route for the culvert
replacement project on Highland Rd at MP 1.47, receive direction from Commissioners, and
answer any questions.
BACKGROUND:
When this project was originally scoped for design and construction of a culvert replacement,
the estimated cost was $540,000. Due to recent escalations in construction costs, the project is
currently estimated at $710,000 (cost to complete), which has been appropriately budgeted in
2019. In looking at ways to contain costs, we are recommending a detour around the work
zone, but this will affect the traveling public. If we don't close the roadway, the potential non-
budgeted increase is estimated at$204,000.
Expended Funds to Date $44,000
2019 Budgeted Cost to Complete $710,000
Additional Cost to Allow Traffic through Work Zone $204,000
OPTIONS:
1. Establish a Detour Route
This option would establish a detour route around the work zone, closing the road to all
through traffic. Approximately 35 residences will be affected. If the travelers were
headed to their homes from US 101, the existing route is 7.5 miles long. If the road
were closed, the detour length from US 101 to the home closest to the work zone would
be 18.1 miles. See attached map for detour route. The detour route would only be
applicable for passenger vehicles; large trucks would need to find an alternate route.
The detour would be in place for about five weeks.
2. Allow Traffic through the Work Zone
In order to allow traffic through the work zone, widening would need to be constructed
and the culvert length would be extended, impacting additional forested areas. The
Contractor would need to provide 24-hour traffic control. Utility impacts may be more
extensive, increasing the cost to the utility companies (not tabulated). Additional funds
of approximately $204,000 will need to be identified. The project duration would be
about nine weeks.
WHAT NEXT:
No action is requested at this time. The Public Works Department is seeking feedback and
direction from the Board.
Jerry Houth,PE,Director 12.04.18
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MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Peter]ones
DEPARTMENT: Public Defense EXT: 280
BRIEFING DATE: 12-10-18
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM:
1. Approval of Contracts for 2019 Indigent Defense Services
2. Clarification of Indigent Defense's use of CrRU 8.9(b) in light of incoming
judge.
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
1. Contracts with Sean Taschner's office simply extend services provided in
2018 to 2019 without change.
2. See attached report.
BUDGET IMPACTS:
1. Already budgeted for.
2. See attached report
RECOMMENDED OR REQUESTED ACTION:
1. Approve both District and Superior Court Contracts with Sean Taschner's
office.
2. See attached report.
ATTACHMENTS:
1. Proposed contracts
2. Report on Indigent Defense's use of CrRU 8.9(b)
Briefmg Summary 11/29/2018
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as"COUNTY" and Taschner Law, PLLC, referred to as"CONTRACTOR." COUNTY and
CONTRACTOR are collectively referred to as "Parties" to this CONTRACT.
RECITALS:
WHEREAS, COUNTY has a need to procure the services of an individual to serve as a
contracted Public Defense attorney for Mason County District Court; and
WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the
aforesaid services.
NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be
made by COUNTY, the parties agree to the following:
Special Conditions:
Responsibilities:
CONTRACTOR will be responsible for:
1. Providing high quality legal representation of indigent defendants in adult criminal matters in
Mason County District Court.
2. Knowing and complying with the standards for indigent defense as detailed in the Supreme
Court of Washington's Order 25700-A-1004.
Conclusion of CONTRACT Performance Period:
At the conclusion of this term, should the contract not be renewed, the following conditions will
apply:
A. Unless otherwise provided in "B" below, for appointments made through the end of the
contract period, additional payment shall be made to CONTRACTOR for time spent following
the end of the term at the rate of$50 per hour through the conclusion of the case, subject to a
determination of reasonableness.
B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end
of the contract period, or any assigned case that enters warrant status after the conclusion of
the contract period, shall be reassigned to a new attorney upon the Defendant's next
appearance before the Court.
Termination by CONTRACTOR:
CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice
thirty (30) or more days before last day services will be provided.
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Performance Period:
The performance period for this CONTRACT will start on Jan 1, 2019 and will end on 12/31/19
or sooner as determined by COUNTY following a thirty (30) day written notice.
1
Service Outside of Performance Period:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Compensation:
CONTRACTOR will be compensated as detailed in Exhibit B Compensation.
Accounting and Payment for CONTRACTOR Services:
A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B,"
by documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
B. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit "B."
Taxes:
A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
2
perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Independent Contractor:
A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified
in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but
not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY.
C. CONTRACTOR represents that he/she/it maintains a separate place of business, serves
clients other than COUNTY, will report all income and expense accrued under this CONTRACT
to the Internal Revenue Service, and has a tax account with the State of Washington
Department of Revenue for payment of all sales and use and Business and Occupation taxes
collected by the State of Washington.
D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY.
No Guarantee of Employment:
3
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
informed judgment as to whether or not COUNTY's interest may be compromised in any
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
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This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
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A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties.
B. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support
Services Director or designee, as COUNTY's representative, hereinafter referred to as the
Administrative Officer, for the purposes of administering the provisions of this CONTRACT,
including COUNTY's right to receive and act on all reports and documents, and any auditing
performed by the COUNTY related to this CONTRACT. The Administrative Officer is:
Peter Jones
Chief Public Defender
Mason County
411 N. 5th Street
Shelton, WA 98584
Phone: 360-427-9670 Ext. 280
E-mail: peterk( co.mason.wa.us
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CONTRACTOR's Primary Contact's Information:
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT. Notices and other communication may be conducted via e-mail,
U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
B. If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
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Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
B The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for(1) any act or failure to act by the Administrative Officer of
COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
A. Other than claims for injunctive relief brought by a party hereto (which may be brought either
in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief(including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
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B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be
brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue
for which arbitration is commenced, regardless of the date of discovery or whether the claim,
dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6)
years prior to a written request or demand for arbitration issued under this Agreement are not
subject to arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB) circulars and federal and state executive orders and
Exhibit D.
B. Exhibit C Insurance Requirements
C. Special Conditions
D. General Conditions
E. Exhibits A and B
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
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IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as
of the date and year last written below.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
NAME(Print): Peter Jones, Chief Public Defender
Dated: Dated:
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EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR's Duties:
A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in
a professional, skilled manner, consistent with the Washington State Bar Association Standards,
the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW
10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason
County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and
the rights of defendants in criminal cases.
B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court
Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone
number that provides an ability to leave a voice message, i.e. voice mail system with adequate
capacity, answering service, or secretarial staff. Lack of a functional communication system is
considered a violation of the terms of this CONTRACT.
C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the
defendant within a reasonably short time and will maintain client contact, keep the client
informed of the progress of the case and effectively provide legal advice to the client throughout
the representation.
D. The services of CONTRACTOR shall continue in each assigned case until the case has been
terminated by final judgment, including final rulings on post-trial motions (if any), restitution
hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required,
or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court.
E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public
Defense prior to 12/31/17.
F. CONTRACTOR agrees to be available to take telephone calls from the jail on new
misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed-
upon schedule with other District Court defense attorneys.
Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance:
A. Pursuant to Standard 4. Caseload Limits in Ordinance No. 140-08 of the Mason County
Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half
contract will be 16.6 unweighted misdemeanor or gross misdemeanor appointments per month
per CONTRACTOR. Each newly assigned case shall be counted as one case except as
follows:
1. Cases which are counted as one-third of a case include: probation violations, reviews,
restitution hearings, modifications of no-contact orders, etc., that do not require a
contested hearing, including the same probation violation allegation(s) brought against a
defendant who is on probation for more than one case.
B. In the event the statistics generated in this review do not coincide with CONTRACTOR's
internal records, CONTRACTOR will provide a detailed list of new monthly appointments
including; case number, defendant's name and date of appointment.
C. Because case assignment and resolution is not a static process during a year,
CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have
been assigned under this CONTRACT may total slightly more or less than the contracted
caseload. Such a temporary variance shall not result in alteration of payment owed to
CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments
for variances not corrected within a reasonable amount of time through natural systemic
adjustments.
Monthly Reporting:
CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth
(5th) day of the following month, which shall include the following information for the preceding
month:
A. The number of new case assignments under this CONTRACT.
B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside
this defense contract including but not limited to retained cases of any type).
C. The number and type of other public defense contracts, if any.
D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if
any.
E. Payment for services may be held if the monthly report has not been received by the
fifth (5th) of the month
Affidavit of Compliance:
CONTRACTOR shall file the required affidavit of compliance with these standards with the
Court on a quarterly basis and provide a copy to the Office of Public Defense.
Client or Third Party Complaints:
CONTRACTOR will respond to complaints regarding his or her performance under this
CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party
states he or she continues to have a complaint, the CONTRACTOR shall provide the client with
contact information for the Office of Public Defense so the client or third party may pursue the
complaint.
EXHIBIT B
COMPENSATION
Compensation:
A. Base Compensation-COUNTY shall pay a base compensation of three thousand ($3,000)
per month which includes funding from the Washington State Office of Public Defense for the
performance of all things necessary for, or incidental to, the performance of the work set out in
Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the
County Auditor the last week of each month. CONTRACTOR may request a mid-month draw,
which will be paid by the County Auditor no earlier than the 15th day of each month.
B. Trial/Motion Compensation-except as provided in "D" below, in addition to the base monthly
base compensation, CONTRACTOR shall be paid $250.00 for the first day of trial and $125.00
for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of$150.00 in
addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is
argued on assigned cases. Trial preparation time and time researching and writing legal
motions are considered part of the base compensation and shall not receive additional
compensation. Payment shall be made upon receipt of a billing from CONTRACTOR,
PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of
Public Defense no later than thirty (30) days after the conclusion of the trial or motion.
C. Administrative and Other Costs-the compensation stated above includes administrative costs
associated with providing legal representation. These costs are the responsibility of
CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library,
financial accounting, case management software systems, computers and software, high-speed
internet access, office space, supplies and other costs necessarily incurred in the day-to-day
management of the CONTRACT.
D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring
exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for
permission for additional compensation. The award and amount of additional compensation is
at the discretion of the Office of Public Defense. Any application for extraordinary compensation
must be made in writing to the Office of Public Defense during the pendency of representation
or within thirty (30) days following the conclusion of the case.
E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases
shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill
COUNTY an hourly rate of$50.00/hour for all work done on those cases following the
termination of this contract.
Requests for Payment:
A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and
e-mail; case name; case number; detail of service provided by date and number of hours for
hourly charges or number of half or full days for Trial/Motion compensation; total number of
hours and/or trial/motion days; invoice total; and any additional applicable information.
B. Submit via e-mail or hard copy as preferred to:
Sonya Asche
Mason County Office Public Defense
411 N. 5th Street
Shelton, WA 98584
Phone: 360-427-9670 Ext. 589
saa ccD,co.mason.wa.us
C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete
and accurate invoice
EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional
liability insurance that covers the services to be performed in connection with this CONTRACT,
in the minimum amount of $250,000 per claim with a $500,000 aggregate. Any policy inception
date, continuity date, or retroactive date must be before the effective date of this agreement and
Consultant agrees to maintain continuous coverage through a period no less than three years
after completion of the services required by this CONTRACT.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
EXHIBIT D
SUPREME COURT OF WASHINGTON'S Order 25700-A-1004
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as "COUNTY" and Taschner Law, PLLC, referred to as "CONTRACTOR." COUNTY and
CONTRACTOR are collectively referred to as "Parties" to this CONTRACT.
RECITALS:
WHEREAS, COUNTY has a need to procure the services of an individual to serve as a
contracted Public Defense attorney for Mason County Superior Court; and
WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the
aforesaid services.
NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be
made by COUNTY, the parties agree to the following:
Special Conditions:
Responsibilities:
CONTRACTOR will be responsible for:
1. Providing high quality legal representation of indigent defendants in adult criminal matters in
Mason County Superior Court.
2. Knowing and complying with the standards for indigent defense as detailed in the Supreme
Court of Washington's Order 25700-A-1004.
Conclusion of CONTRACT Performance Period:
At the conclusion of this term, should the contract not be renewed, the following conditions will
apply:
A. Unless otherwise provided in "B" below, for appointments made through the end of the
contract period, additional payment shall be made to CONTRACTOR for time spent following
the end of the term at the rate of $50 per hour through the conclusion of the case, subject to a
determination of reasonableness.
B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end
of the contract period, or any assigned case that enters warrant status after the conclusion of
the contract period, shall be reassigned to a new attorney upon the Defendant's next
appearance before the Court.
Termination by CONTRACTOR:
CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice
thirty (30) or more days before last day services will be provided.
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Performance Period:
The performance period for this CONTRACT will start on Jan 1, 2019 and will end on 12/31/19
or sooner as determined by COUNTY following a thirty (30) day written notice.
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Service Outside of Performance Period:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Compensation:
CONTRACTOR will be compensated as detailed in Exhibit B Compensation.
Accounting and Payment for CONTRACTOR Services:
A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B,"
by documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
B. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit "B."
Taxes:
A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
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perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Independent Contractor:
A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified
in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but
not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY.
C. CONTRACTOR represents that he/she/it maintains a separate place of business, serves
clients other than COUNTY, will report all income and expense accrued under this CONTRACT
to the Internal Revenue Service, and has a tax account with the State of Washington
Department of Revenue for payment of all sales and use and Business and Occupation taxes
collected by the State of Washington.
D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY.
No Guarantee of Employment:
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The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
informed judgment as to whether or not COUNTY's interest may be compromised in any
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
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This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
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A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties.
B. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Support
Services Director or designee, as COUNTY's representative, hereinafter referred to as the
Administrative Officer, for the purposes of administering the provisions of this CONTRACT,
including COUNTY's right to receive and act on all reports and documents, and any auditing
performed by the COUNTY related to this CONTRACT. The Administrative Officer is:
Peter Jones
Chief Public Defender
Mason County
411 N. 5th Street
Shelton, WA 98584
Phone: 360-427-9670 Ext. 280
E-mail: peteri(a_co.mason.wa.us
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CONTRACTOR's Primary Contact's Information:
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT. Notices and other communication may be conducted via e-mail,
U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
B. If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
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Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
B The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
A. Other than claims for injunctive relief brought by a party hereto (which may be brought either
in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief (including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
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B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be
brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue
for which arbitration is commenced, regardless of the date of discovery or whether the claim,
dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6)
years prior to a written request or demand for arbitration issued under this Agreement are not
subject to arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of the State of Washington.
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB) circulars and federal and state executive orders and
Exhibit D.
B. Exhibit C Insurance Requirements
C. Special Conditions
D. General Conditions
E. Exhibits A and B
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
9
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as
of the date and year last written below.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
NAME(Print): Peter Jones, Chief Public Defender
Dated: Dated:
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EXHIBIT A
SCOPE OF SERVICES
CONTRACTOR's Duties:
A. CONTRACTOR agrees to provide criminal defense representation to all appointed clients in
a professional, skilled manner, consistent with the Washington State Bar Association Standards,
the Rules of Professional Conduct, Washington State Office of Public Defense Standards, RCW
10.101 et.seq., Supreme Court of Washington's Order 25700-A-1004 and as applicable, Mason
County Ordinance No. 140.08, case law, and other court rules defining the duties of counsel and
the rights of defendants in criminal cases.
B. CONTRACTOR will provide the Mason County Office of Public Defense, the Superior Court
Administrator, the Defendant, and the Board of Mason County Commissioners with a telephone
number that provides an ability to leave a voice message, i.e. voice mail system with adequate
capacity, answering service, or secretarial staff. Lack of a functional communication system is
considered a violation of the terms of this CONTRACT.
C. Upon notice of appointment, CONTRACTOR shall arrange an initial interview with the
defendant within a reasonably short time and will maintain client contact, keep the client
informed of the progress of the case and effectively provide legal advice to the client throughout
the representation.
D. The services of CONTRACTOR shall continue in each assigned case until the case has been
terminated by final judgment, including final rulings on post-trial motions (if any), restitution
hearings, the filing of notice of appeal and motion and affidavit for order of indigency, if required,
or order of dismissal, unless allowed to withdraw or otherwise be removed by order of the Court.
E. CONTRACTOR agrees to attend seven hours of training approved by the Office of Public
Defense prior to 12/31/17.
F. CONTRACTOR agrees to be available to take telephone calls from the jail on new
misdemeanor arrests on nights and weekends, but may share this duty on a mutually agreed-
upon schedule with other District Court defense attorneys.
Mason County Ordinance NO. 140-08 and RCW 10.101.050 Compliance:
A. Pursuant to Standard 4: Caseload Limits in Ordinance No. 140-08 of the Mason County
Indigent Defense Standards, adult contracts will be monitored for compliance, i.e., a one-half
contract will be 6 unweighted felony appointments per month per CONTRACTOR. Each newly
assigned case shall be counted as one case except as follows:
1. Cases which are counted as one-third of a case include: probation violations, reviews,
restitution hearings, modifications of no-contact orders, etc., that do not require a
contested hearing, including the same probation violation allegation(s) brought against a
defendant who is on probation for more than one case.
2. CONTRACTOR shall not be assigned more than two (2) Class-A felony cases, or two (2)
offenses that are "most serious offenses" as defined in RCW 9.94A.030(33) in the space
of a single month, regardless of case count.
3. Contractor shall not be assigned any "serious violent offense" under this contract as that
term is defined in RCW 9.94A.030(46).
B. In the event the statistics generated in this review do not coincide with CONTRACTOR's
internal records, CONTRACTOR will provide a detailed list of new monthly appointments
including; case number, defendant's name and date of appointment.
C. Because case assignment and resolution is not a static process during a year,
CONTRACTOR and COUNTY agree that the actual number of cases at any one time that have
been assigned under this CONTRACT may total slightly more or less than the contracted
caseload. Such a temporary variance shall not result in alteration of payment owed to
CONTRACTOR by COUNTY. COUNTY shall use its best effort to effect caseload adjustments
for variances not corrected within a reasonable amount of time through natural systemic
adjustments.
Monthly Reporting:
CONTRACTOR is required to submit a monthly report to the Office of Public Defense by the fifth
(5th) day of the following month, which shall include the following information for the preceding
month:
A. The number of new case assignments under this CONTRACT.
B. The number and type of cases in his or her private practice, if any (i.e. cases handled outside
this defense contract including but not limited to retained cases of any type).
C. The number and type of other public defense contracts, if any.
D. The amount of time spent practicing law on matters other than servicing this CONTRACT, if
any.
E. Payment for services may be held if the monthly report has not been received by the
fifth (5th) of the month
Affidavit of Compliance:
CONTRACTOR shall file the required affidavit of compliance with these standards with the
Court on a quarterly basis and provide a copy to the Office of Public Defense.
Client or Third Party Complaints:
CONTRACTOR will respond to complaints regarding his or her performance under this
CONTRACT. If after efforts by CONTRACTOR to resolve any conflict, the client or third party
states he or she continues to have a complaint, the CONTRACTOR shall provide the client with
contact information for the Office of Public Defense so the client or third party may pursue the
complaint.
EXHIBIT B
COMPENSATION
Compensation:
A. Base Compensation-COUNTY shall pay a base compensation of four thousand ($4,000) per
month which includes funding from the Washington State Office of Public Defense for the
performance of all things necessary for, or incidental to, the performance of the work set out in
Exhibit A Scope of Services. Said sum is to be paid by order directing payment through the
County Auditor the last week of each month. CONTRACTOR may request a mid-month draw,
which will be paid by the County Auditor no earlier than the 15th day of each month.
B. Trial/Motion Compensation-except as provided in "D" below, in addition to the base monthly
base compensation, CONTRACTOR shall be paid $250.00 for the first day of trial and $125.00
for each one-half day of trial thereafter. CONTRACTOR shall be paid a flat fee of$150.00 in
addition to the base monthly compensation for each case on which a 3.5 and/or 3.6 motion is
argued on assigned cases. Trial preparation time and time researching and writing legal
motions are considered part of the base compensation and shall not receive additional
compensation. Payment shall be made upon receipt of a billing from CONTRACTOR,
PROVIDED, however, that the billing on each trial or motion shall be submitted to the Office of
Public Defense no later than thirty (30) days after the conclusion of the trial or motion.
C. Administrative and Other Costs-the compensation stated above includes administrative costs
associated with providing legal representation. These costs are the responsibility of
CONTRACTOR, and include, but are, not limited to, support staff, telephones, law library,
financial accounting, case management software systems, computers and software, high-speed
internet access, office space, supplies and other costs necessarily incurred in the day-to-day
management of the CONTRACT.
D. Extraordinary Compensation Policy and Procedure-in extraordinary cases requiring
exceptional amounts of time and preparation. CONTRACTOR may petition COUNTY for
permission for additional compensation. The award and amount of additional compensation is
at the discretion of the Office of Public Defense. Any application for extraordinary compensation
must be made in writing to the Office of Public Defense during the pendency of representation
or within thirty (30) days following the conclusion of the case.
E. In the event of termination of this contract, at COUNTY'S option, any currently pending cases
shall be either re-assigned or shall be the responsibility of CONTRACTOR, who shall bill
COUNTY an hourly rate of$50.00/hour for all work done on those cases following the
termination of this contract.
Requests for Payment:
A. At a minimum the invoice is to include: CONTRACTOR's name, address, phone number and
e-mail; case name; case number; detail of service provided by date and number of hours for
hourly charges or number of half or full days for Trial/Motion compensation; total number of
hours and/or trial/motion days; invoice total; and any additional applicable information.
B. Submit via e-mail or hard copy as preferred to:
Sonya Asche
Mason County Office Public Defense
411 N. 5th Street
Shelton, WA 98584
Phone: 360-427-9670 Ext. 589
saa(a)-co.mason.wa.us
C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete
and accurate invoice
EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional
liability insurance that covers the services to be performed in connection with this CONTRACT,
in the minimum amount of$250,000 per claim with a $500,000 aggregate. Any policy inception
date, continuity date, or retroactive date must be before the effective date of this agreement and
Consultant agrees to maintain continuous coverage through a period no less than three years
after completion of the services required by this CONTRACT.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
EXHIBIT D
SUPREME COURT OF WASHINGTON'S Order 25700-A-1004
Report to Commission
RE: Indigent Defense's use of CrRU 8.9(b)
Recently, a motion has been made to the commission concerning an increase in budget for the
District Court due to the decision of the attorneys employed by the indigent defense office to increase
the use of CrRU 8.9(b) affidavits in light of the new incoming District Court Judge.
That briefing summarily described Indigent Defense's position. And Indigent Defense affirmed its
position during the briefing. However, while the general thrust of that summary was accurate, it
neglected some of the finer details of this office's position and responsibilities.
This report will attempt to explain the decision-making process and the attempts made by this office
to prepare the District Court for the increased need for pro tem judges, but should also be considered a
supplemental argument for an increase in that budget as well as an estimate of the degree of that
increase.
1. CrRU 8.9(b)'s function
CrRU 8.9(b) allows any party to file "an affidavit alleging that the party cannot have a fair and
impartial trial by reason of the interest or prejudice of the judge or for other ground provided by law."
This"affidavit of prejudice" (or"AoP") must be filed by the party—in other words, it is ultimately the
choice of the defendant in any given case whether or not to file an affidavit.
Once that affidavit is filed,that judge must be recused from the case. In larger jurisdictions with
multiple judges, this presents nothing more than a scheduling challenge. And as no party may file more
than one affidavit in any given case,the party is stuck with the second judge. Ina smaller jurisdiction,
such as Mason County,the process becomes more complicated as a judge pro tem must be appointed.
2. Use of AOP's prior to the election of Judge Steele.
Use of an AoP is not an uncommon legal maneuver. Prior to the election of Judge Steele, defedants
often requested an AoP against Judge Meadows. An entire day, every month, has already been devoted
to handling many of our cases. A rough survey of District Court counsel reveals that 30-40 AoP's have
been filed against Judge Meadows on a monthly basis in the months leading up to the election.
3. Judge George Steele's history and biases.
Judge George Steele has a lengthy history of being inappropriate in court. This office has received
multiple reports of his yelling at attorneys and defendants in court. It is difficult enough to calm a
maddened client when the judge is being professional; it becomes impossible on the point of safety
hazard when the judge is not.
More concerning is Judge Steele's lengthy history of setting excessive bond on criminal defendants.
Typically, a warrant issued by Judge Steele during his time at municipal court would be issued with a
bond amount of$1,000,000 or more. By comparison,there are murder cases with bond in the amount
of$250,000. $1,000,000 is a patently unreasonable amount on which to order someone be held for
Driving While License Suspended in the Third Degree. It has also been Judge Steele's default amount for
his warrants on those cases for years.
Finally,Judge Steele has a habit, during his time appearing as a pro tem judge, of disrupting plea
agreements made between the Mason County Prosecuting Attorney's Office and various defense
counsel. Ajudge certainly has the prerogative to do so, but many only exercise that prerogative when
they deem it absolutely necessary. A case that received a favorable recommendation from the
prosecutor because it would have been difficult to prove at trial will not see that recommendation carry
with Judge Steele; instead, a stiff penalty will result regardless of the negotiation between prosecutor
and defense.
For those reasons, any defendant proceeding before Judge Steele is more likely to face an angry
judge who is going to ensure increased jail time and increased penalties. Judge Steele as much as said
so during his campaign, promoting how tough he was against criminal defendants.
It is not a judge's job to be tough. It is a judge's job to be fair. It is not impossible (as many of our
esteemed Superior Court judges have shown) to be both, but to be tough at the expense of being fair is
to be a biased judge.
4. The AoP process
Indigent Defense is not filing a single AoP to cover all cases. As stated above,this is ultimately not
the decision of the attorney, but rather the decision of the client. However, our attorneys are actively
presenting the AoP as an option to defendants, as is their responsibility under the Rules of Professional
Conduct. They are also advising those defendants of their knowledge of Judge Steele's history and
biases.
Most of the defendants are already familiar with Judge Steele's history and biases. And they tend to
be pleased with our level of service in presenting them with their legal option to remove Judge Steele
from the case.
Again, it is important to note that it is the policy of Indigent Defense to inform and advise our
clients; it is their decision whether to actually remove Judge Steele. As attorneys,we cannot refrain
from giving our clients knowledge of their legal rights, nor can we refrain from telling them (based on
our experiences)what we believe they face with Judge Steele. We swore an oath to be honest with our
clients, and we cannot change that.
5. Expected increase in AoP filings.
It is likely that the vast majority of indigent defense clients will opt to file an AoP against Judge
Steele. This office is not directing contract attorneys what to advise their clients;this is a separate issue
for them to decide. It is likely that they will decide to follow suit,given their own interactions with
Judge Steele, but it is not confirmed.
However, of the maximum sixty-six cases per month currently being assigned to employed attorneys
within this office, one attorney's caseload was almost entirely AoP's against Judge Meadows, and the
other still AoP'd Judge Meadows a fair amount. This led to (ballpark) thirty to forty cases per month
being performed on the AoP calendar instead of in front of a normal court.
As the number of monthly cases performed by staff attorneys is maximum sixty-six, with an
additional sixteen from the contract counsel,even if contract counsel begins advising clients in a similar
fashion to employed counsel, it is likely that we will see a doubling, perhaps slightly more, in AoP filings.
I would expect the cost to do likewise.
6. Communication of intent
In 2015, 1 began planning my run for District Court Judge. Judge Meadows has long published her
retirement date to all counsel, so we all knew in advance when the position was going to be open. We
began working on our campaigns.
In June of 2017, 1 was promoted to Chief Public Defender. I immediately ceased working on that
campaign. It was clear to me,at that point,that if I lost I would likely have lost to Judge Steele, and I did
not want there to be any perception that the increased filings in AoP's that would result came from any
place other than a genuine desire to fulfill my oath as an attorney to my clients. It was better to not run
and show that my motives for advising clients in this manner were purely out of my sense of my
responsibilities as an attorney. I cannot place dates, but I was asked by a number of people within the
county whether or not I intended to run; my answer after being promoted was consistently"no,"
followed by this very explanation.
In June of 2018, after George Steele announced his candidacy, I informed Ms. Robinson in the
District Court Clerk's office that, in the event of his victory,we would likely see a large increase in AoP
filings. Later, after he emerged from the primary a clear favorite heading into the general, I once again
spoke with Ms. Robinson, and informed her that we would likely see an increase in AoP filings should
Judge Steele take the bench. I advised her that it might be a good idea to include this increase as a PLR
in her budget,given Judge Steele's likely success.
I did this in an attempt to anticipate the increased cost earlier in the year. As it is the District Court
budget that is largely affected by these problems, I believed that communicating the upcoming issue
with the District Court would be appropriate. As a result, it surprises me somewhat that this is only now
being taken up as part of the budget proceedings.
7. Attempts to avoid
We all make mistakes. And defense attorneys are nothing if not believers that people can change
their ways. In light of this, I have personally met with George Steele and explained our concerns. I felt—
and still feel—that these is a possibility of avoiding this result.
But that possibility has to include Judge Steele giving this office some sign that he no longer
considers$1,000,000 bail amounts to be reasonable for misdemeanor-level cases. When confronted
with this,Judge Steele noted that in the time leading up to his election he ceased imposing those bail
amounts. However, when asked if$1,000,000 was a reasonable amount to set on a DWLS 3rd Degree,
Judge Steele's response was simply"I'm not going to apologize, if that's what you're looking for."
When asked what degree of respect he believes plea deals should be accorded,Judge Steele again
dodged the question by saying he wasn't going to talk about what he might do on the bench. And when
confronted with his history of breaking plea deals, he once again informed me that he wasn't"going to
apologize" for doing that,either.
At the end of the day,the decision to file an AoP lies with our clients. But how we advise those
clients significantly impacts whether that AoP is filed or not. I would dearly like to be able to tell my
attorneys that George Steele recognizes where he has made mistakes in the past, and is actively working
to include fairness into his tough approach. Were I to receive such an indication from Judge Steele, I
would happily pass that on to our attorneys to tell our clients, and a reduced number of AoP's may very
well result.
Absent any such indication, and indeed having been given indications to the contrary during my
meeting with him, I can only pass the information I have on to our clients. That, in turn, is likely to result
in increased AoP's.
8. Avoided Costs
It is also worth noting that Judge Steele's current approach comes with its own costs to the county
budget, many of which will be avoided by AoP's. Drastically increased bond amounts will result in a
drastic increase in jail population—an expensive proposition, as the Commission is likely aware.
In addition, an unwillingness to abide by plea negotiations renders those negotiations moot. Telling
a defendant that a prosecutor is willing to settle for credit-for-time-served on an Assault IV DV case in
exchange for a plea of guilty often results in resolution of that case. However, it is difficult to resolve a
case when we then have to add "but the judge will likely ignore the prosecutor and give you another six
months." If a judge does not abide by a negotiated recommendation,then there is no purpose in
negotiating for that recommendation.
As a result, I would anticipate an increase in cases proceeding to jury trial and clogging the docket
under George Steele. This, in turn,would increase costs for the defense,the prosecution, and the
courts.
These are not our reason for the AoP process. Our reason is simply that our client has a right to be
informed of what he can and cannot do on a case, and to make a decision accordingly. However,there
are some collateral benefits to the county budget of the AoP process in addition to the cost of pro tem
judges, and given the expense of housing someone in the jail it would seem that even if Judge Steele
averages an extra day per case over current incarceration case (a low estimate indeed),the cost of pro
tem judges pales in comparison to the jail costs under Judge Steele.
9. Conclusion
It is the position of this office that we will honestly and openly inform our clients of their right under
CrRU 8.9(b)to file an Affidavit of Prejudice against George Steele. In addition,we will honestly and
openly communicate with our clients the advantages and disadvantages of doing so. As things are
currently, due to George Steele's history,the advantages to the client of filing an AoP so drastically
outweigh the disadvantages to the client that it is likely the vast majority, if not all, of our clients will
elect to file the AoP.
We will assist our clients in filing whatever documents are proper and necessary under the law to
secure their desired outcome. This is our oathsworn duty as attorneys. This will include a CrRU 8.9(b)
Affidavit of Prejudice, should the client desire it.
In the event that we are informed by George Steele that he understands his mistakes from the past
and is willing to work on being a fair and impartial (if tough)judge,then we will communicate that to
our client as well. Absent that, however,we expect roughly a doubling in the filing of Affidavits of
Prejudice from those filed against Judge Meadows to those filed against George Steele,and it is
reasonable to expect a concomitant increase in pro tem costs.
Respectfully submitted this 29'day of November, 2018,
P eMyicEDefender
ief
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Dan Teuteberg, Director
DEPARTMENT: WSU Extension EXT: 686
BRIEFING DATE: December 10, 2018
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Fall 2018 Quarterly Report on accomplishments of WSU Extension Mason
County.
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions):
BUDGET IMPACTS:
RECOMMENDED OR REQUESTED ACTION:
ATTACHMENTS: Fall 2018 Quarterly Report
Briefing Summary 11/21/2018
Was
Ton ' St hin .
•
Vat� Yniversity
Extension MasonCounty
9
Fall 2018 Quarterly Report
Serving Mason County for more than 0• years
Washington State University Extension Mason County helps people put research-based knowledge to work, improving their
lives,communities,and the environment.
To realize this mission,faculty and staff plan,conduct and evaluate research and experience-based educational programs
to improve the lives of Mason County residents.
WSU Extension Mason County also employs the assistance of hundreds of volunteers and community partners and provides
access to the resources available at Washington State University and the National Land Grant University Extension System.
Partnerships
Dan Teuteberg,County Director&
4-H Youth DevebpmentSpecialist Mason County and Washington State University have a
f dan.teuteberg@wsu.edu mos°N CO long-standing partnership in providing educational
3601127-%70 Ext.686 programs and research-based information to residents
throughout the county.This partnership ensures that
resources are committed from Federal allocations and
WSU Extension Mason County 1854 University funds to keep important educational programs
303N 4th Street,Shelton,WA 98584 available in Mason County.
360427-9670 Ext.680
http://extenison.wsu.edu/mason Other Mason County partnerships include:
♦ United Way of Mason County ♦ School Districts—Shelton,
Facebook pagesPioneer and Hood Canal
, , , ♦ Early Learning Coalition
Mason County 4-H ♦ Community Services Offices
♦ Shelton Timberland Library
Mason County Noxious Weeds ♦ Saints Pantry Food Bank
♦ Mason Conservation District
Mason County Master Gardeners ♦ Behavioral Health Resources
Community Intelligence Lab of Mason County ♦ Mason County Health Department
♦ Mason General Hospital
♦ The Salmon Center
♦ Washington Conservation Corps
♦ Hood Canal Coordinating Council
y
,W h n
a S a University
gl
Extension Mason County Fall 2018
BY THE NUMBERS y `���
2018 �
• 1,602 youth engaged
in 4-H Youth 1
Development
activities
• 68 trained adult
volunteers
• 14 trained youth 4 - H Youth Development
volunteers
• Make the Best Better"
• 144 youth engaged in
educational camping 4—H MEMBERS PRESENT THEIR BEST AT STATE 4—H FAIR
programs , r t The Washington State 4-H Fair was held
• 146 families reached August 31 - September 23 in Puyallup.
through community Mason County 4-H members qualified at
outreach programs the Grays Harbor County Fair and earned
the privilege to participate in this State
4-H event. Members exhibited and
UCH
'MALS participated in many different
- departments including public speaking,
animal contests,judging contests,
_ photography, and still life. Participation in
the State 4-H Fair is the culmination of a
year of learning, dedication, and
toclearl" responsibility for 4-H members. The
TOY ON
er Of Washington State 4-H Fair program
togr ff h5' contributes to life skills development by teaching young people sportsmanship,
TOY
to �
Ia r se
H�:.ror d cooperation, leadership, team work, responsibility, knowledge development,
beet[iVtrlCr respect for self and others and communication skills. 4-H members also have fun
mto
Yciuhy while they learn. Approximately 15 Mason County 4-H youth exhibited their 4-H
10
tn� 10 project work at the State 4-H Fair this year.
Tn
empowersKathy Fuller 4-H • to reach their full potential,
Coordinator
Ext. 681 working and learning in partnership
.• with caring adults.
HAPPY NEW 4-H YEAR
October 1 marked the beginning of the new 4-H year with
Wkhas
National 4-H Week running October 7-13. On October 9
the Mason County Board of Commissioners proclaimed
tNovember 7-13 to be National 4-H Week throughoutQUOTES .` Mason County recognizing the significant impact that 4-H
made and continues to make by empowering youth
• `%loved doing my
with the skills they need to lead for a lifetime. During this
project because /got gg
to volunteer and help time, local 4-H clubs participated in the Fall Paper Clover
4 H
WEEK campaign held at Tractor Supply store. This semi-annual
my community. l -�•�---��-I_-
already have new ideas event is a major fundraiser for 4-H programs in Mason
for club tb get County. The new 4-H year is also a time when 4-H volunteers attend an
everyone involved in annual volunteer education session where they brush up on their skills as they
prepare for another fun and successful year mentoring 4-H youth.
volunteering.
McKenzie, age 9 4-H CELEBRATES WITH THE COMMUNITY
• `Grace always helps
younger members with On Thursday, October 25, Mason County 4-H
a caring heart and hosted the 4-H Fall Fair and Ice Cream Social at
helpful hands. She the Transit Community Center. The event
sees the benefits of highlighted many of the 4-H programs offered in
/earning and he/ping our community including camps, community
others /earn." _ outreach programs, horse and other animal
Joy, 4-H Leader projects, robotics, archery, and more. There were
also opportunities for families to learn how they
can get involved with 4-H by starting a club,
joining an existing club, or participating in 4-H V, T__T
community outreach activities. The evening also
provided an opportunity to recognize 4-H -
members and volunteers for their achievements,
project completion, and length of service over the
p year.ear. Over one hundred awards were
presented during the achievement program.
Those in attendance enjoyed ice cream supplied
by Olympic Mountain Ice Cream of Shelton.
Approximately 120 community members
- attended this free event.
Masty "I PLEDGE my HEAD 1 1 greater
• • loyalty, 1 larger service and my HEALTH to better
EXTENSION living for my club, my community, 1 my world."
I
s -
BY THE NUMBERS
� r
pfOtCtil\ '�
Total Reach for year:
3,254
• 85 program activities yp
• 54 youth series
taught, 1 st through
Oth
• Tottalalyyouth reached: SNAP - Ed Nutrition
youth
1,678 Supplemental • Program
• 2 adult nutrition / BOUNTIFUL HARVESTS
series taught (Plan,
Shop, Save, Cook) : \ WSU SNAP-Ed participated in the Squaxin
• Outreach at food —_ Island "Cooking With The Seasons" series with
banks, farmers ti ' tribal members. The SNAP-Ed team attended
market, community "
all four classes celebrating native foods and
events , p culture. Most of the produce was harvested
from the Squaxin Island Garden or donated by
• Total adults reached tribal members (salmon, deer, elk). SNAP-Ed
1 ,576 r provided resource materials pertinent to the
'star' of the class (berries, squash, garlic) and
Dawne Elam (L)and Aleto Poste harvest educational enhancements for participants.
fruits and veggies for the Squaxin The team assisted anywhere from eight to
a_ cooking series
thirty participants with food prep, food safety
issues and clean-up.
Throughout, there was an exchange of
ideas and knowledge in a truly communal Salmon baked with lemon&garlic
. environment. Laughter was a key ingredient
to the cooking series.
Hood Canal School-Open House
Julie Guyton SNAP-Ed Nutrition Programs focus on providing
Coordinator
A11
684 dietary quality, physical activity . • food
SUCCESSFUL CHANGES AT SCHOOLS SNAP-Ed
a
Pamela succeeded in persuading two schools (Mountain View Elementary and
l Hood Canal School) to forego serving their usual giant cookies at their
�7 back-to-school nights held in September. Last May during discussions with
l school administrators about opportunities to model healthier eating
`•-�" messages, Pamela suggested trying out a healthy make-over for the snacks
provided by the schools at the next fall open houses. A list of simple healthy
'41
options, including non-food items such as stickers, pencils, and photo
St� JW opportunities with school mascot, were provided to school staff. This fall,
both schools did not provide jumbo-size cookies at the door. Instead, the
Quotes SNAP-Ed table located at the entrance offered taste samples of apple slices
"No thank you.I've already with soynut butter-yogurt dip - conveniently making the healthy choice the
had my sugar for the day." easy choice. This greatly increased the number of parents visiting the
Saints Pantry Food Bank SNAP-Ed table, discussing healthy eating tips, referring parents to more
client resources, and a much more enthusiastic reception. Over 200 samples were
tasted at each school, with a majority of thumbs-up approval. Pamela did not
%didn't realize how easy itis hear of any complaints made about the missing cookies. In fact, several
to growvegetab/es and that mothers expressed gratitude that the cookies weren't there for the "kids to fill
my kids would like eating up on sugar" - anticipating this would make it easier for them to feed their
themso much.." kids dinner when they got home from the evening event.
Mom of 15`and 4"'graders at
Mt.View Elementary,while IT'S NEVER TOO EARLY TO MASTER SALAD TONGS
tending the SNAP communi-
ty garden bed. SNAP-Ed joined several agencies for the Early Learning Coalition Fun Fair on
`l really want to thank you November 3, 2018 at the Mason Transit Community Center. We supported
ladies for what you do. You parents and caregivers in
really help motivate me to nourishing their children by -
eatbetter. Mydaughter/s distributing healthy feeding
always after me about the guides for 2-5 year olds in
sodaldrinkandshowedme English and Spanish, as well ast
your mckabout m/x/nga helpful tips dealing with picky
little fruitjuice with seltzer eaters and sets of kid-tested
water that she learned at one recipe cards. And, because the
ofyourpastc/asses. /really season is upon us, we offered
like it and dr ink it now in- handouts on food safety during Erick practices his dexterity and color matching skills
stead ofsoda." the holidays.
Plan,Shop,Save,Cook
participant
• •
Mason Coun�( Educator Educator
WM0'GVTS'rAnUNMrSM Ext. 694 Ext. 693
Washington Stat � If
� VExtension MasonCounty
VP
BY THE NUMBERS -
• 8 Gauges checked.
• 5 were not accurate t
and required � -
adjustment or
replacement.
• CDC estimates that Consumer Food Safet
each year roughly 1 in Food Safety & Food Preservation Program
6 Americans get sick PRESSURE GAUGE TESTING
from foodborne
diseases. Many of Check pressure gauges on Monday's from 10-12, to ensure safe operations.
these illnesses can be Of the eight gauges checked since September, five were not accurate and will
prevented if require pressure adjustment or replacement. This continues to be a good
consumers follow community resource to ensure proper education on food safety and
safe food handling preservation.
and preparation Continue to provide resident's current up to date research based answers to
practices. their food safety and home canning questions to reduce risk of food borne
illness.
Examples of questions answered since September:
CANNING
SEAFOOD 1 . How do I can tuna? Provided client with WSU/USDA recommendations for
canning tuna, and discuss the process. Also, recommended they have
their dial gauge tested, if using one.
2. Did my applesauce jars seal if I am able to open them with my fingers?
•._ Explained why they did not get a hard seal (probably did not leave enough
- «-- headspace), which client acknowledge. Some lids can be opened with
= =T fingers, so it was recommended they freeze the jars since it was past the
recommended time for reprocessing.
Lisa DeWall HTTMEXTENSIONMASON.WSUEDU
Office Manager
303 .0 680
- -•4 y �,. ,.rAM -
•
BY THE NUMBERS
• 49 active Master
Gardener Volunteers
• 10 MG volunteers
`.0
completed training in _
2018 55 � MMA•
• 11 trainees signed up Master Gardeners
for training beginning
January 2019 Cultivating Plants, People an• Communities
CATALYST PARK FOOD BANK AND COMMUNITY DEMONSTRATION GARDEN
• Grew 2,612 pounds
of fresh produce,
donated to Saint's The last of the Catalyst Park Food Bank Harvests have been made and the beds
Pantry Food Bank have been readied for winter. Volunteers cleaned up the remaining crops, spread
manure and straw to replenish and protect the soil in preparation for next year's
• Mentored 1 school Food Bank Demonstration Garden at Catalyst Park in Shelton. Similar work has
garden located at been done for all of the community garden beds at the park as well.
Belfair Elementary: Applications for garden beds for the 2019 growing season will be available in
grew over 500 pounds January. Beds are
of produce donated to rented for a nominalr•
fee and include all of
North Mason Food
Bank involved 237
the soil, water and f +-
•
k-5 students seeds (if desired).
This is a great
• 24 community garden opportunity for low
income and new i
beds rented to 21 • ;.
Mason County
gardeners to have an = ;�
community members opportunity to obtain
fresh produce for littler ..�
cost and a bit of effort.
Jeannine • •laski Master Gardeners provide
Coordinator
Ext. •:: ecologically
C,TONSTATE
UIVII/, rT PUMPKIN SALE
i
The Master Gardener
. 2018 Pumpkin Sale, held
{ r on October 20 in Shelton,
EXTFNSION was a great success. Over
A;,, --- -- $700 dollars was raised
for the food bank garden
r r by selling pumpkins
primarily grown at
4. �h Catalyst Park.
Homemade arts and crafts
were also sold.
hack Smith presented a
workshop on harvesting fall
vegetables and seed saving OYSTERFEST
Seventeen Master Gardeners -f
�tru,
�! participated in the 2018
V u
Oysterfest. Master Gardeners fielded �,.• Y`
gardening questions and provided "
information about the program to �
over 100 visitors from Mason County
and beyond. ���,
Office Clinic
PLANT AND INSECT CLINIC
From mid-January through November, Master Gardeners are available to
investigate and answer community members gardening related questions.
Every Monday, one or more Master Gardener volunteers is available at the
Extension Office to help with questions ranging from plant and insect
identification, plant problems and landscaping recommendations. This year
the volunteers have answered over 250 formal inquiries.
THROUGH THE GARDEN GATE
Work has begun on the Through the Garden Gate gardening education classes
scheduled for January through March, 2019. A series of six three hour
workshops will be held every other Saturday, beginning January 12, at the
Public Works Building in Shelton. Topics and speakers are being finalized.
Mason • Master GardenerOffice
WAsHiNGmN STAnUNmrsm Every Monday 12-3 p.m. Ext. 687
• 1
NO-
1 Extension Mason County Fall
v 2018
11�s�
BY THE NUMBERS
Knotweed Treatment:
• 78 parcels for over 60
property owners
• Over 20 acres treated
Sri�- A
T
(" Noxious Weed Proqram
40-4 MasonCounty • • • Control : • •
AV
KNOTWEED CONTROL
Favorable fall weather facilitated knotweed control efforts well into
October for Mason County Noxious Weed Control. Supplemental
funding from the Washington State Department of Agriculture's knotweed
L program supported targeted
A � Y
Invasiveknotweed quickly efforts along Finch, Sherwood, ; r
invades riparian areas. Stimson, Mission, and Coulter
Creeks and in the North Bay/
' s .
Allyn area. Knotweed
y` treatments took place on 78
parcels for over 60 property {rt
owners. Public lands, '
including those administered
by Mason County Parks,
Washington State Parks,
Washington State Department
of Natural Resources, and .:'�
Washington State Department K
of Fish & Wildlife were included
}`? in the over 20 acres treated. mission creek,year
Patricia Grover Responsible for identi1ying no)dous weeds that are
-Nvl
Coordinator I --k N
r-- • • resources, • • agriculture,
• impacting
PatriciaG@Dco.m as on.wa.u s forestry,fisheries, 1 • • • native habitats.
VwF ,
Weed Wrench
Scotch Broom Pullers
Available at the
office to check out for
one week at a time.
FREE of charge.
OYSTERFEST 2018
The 37th annual Oysterfest event took place on October 6 & 7. This year, over
350 festivalgoers visited the Mason County Noxious Weed Control booth. The
theme of this year's booth was `Choking Hazard"English ivy is an added threat
to Mason County's trees" Thirty-seven entries were submitted for the Name
the Noxious Weed contest and two entrants won Mason County Weed Warrior
tote bags. Congratulations to Jackie and Ann!
Invasive cultivars of English ivy are extremely common in Mason County. Ivy is
Quotes an aggressive climber and can topple or severely Impact the growth of trees.
"Thanks for all your
O-
hard work on this �� ,•�! ��: ,
tom'
property, /know it is
just one of many for a �
you but your help and %� .s ►
knowledge is truly *
appreciated." �=
P. MichakWASHINGTON STATE LNIVEASM 1
managersMason County We are available to help landowners and land
1 11 / resources to deal
EXTENSION with invasive,non-native plant species.
-
a
V -S
Mason Fall 2018 ,
BY THE NUMBERS
• 72 people have
attended Septic
workshops in 2018 1
(30 participants at
Hartstine Island
Community Club
September 14th)
• Have provided 8 fir Community Outreach
seedlings to Moral
Reconation Therapy Community Education
(MRT) in 2018
EARLY LEARNING
The Mason County Early Learning Coalition hosted a Family Fun Fair on
Saturday, November 3rd at the Mason Transit Community Center. This event
brought approximately 100 individuals and 30 agencies together to share
s
`. resources and support services to families and their early learners.
Activities at this Family Fun Fair included hands-on learning at every station.
Septic Workshop Some of the activities included Lego robotics and a gigantic Lego table for free
building, hopscotch, food and nutrition education, a smoothie booth, crafts,
playdough, BlockFest, story time and Paws to Read where youth and adults could
EarL read to a dog. Lunch was provided for all who attended. Families were
also entertained by musicians and comedians Buck and Elizabeth. This was an
r amazing event supporting families in Mason County.
C,.aalc,�i,a�
of Mason County The Mason County Early Learning
Coalition will be hosting another
Family Fun Fair in Belfair on Saturday,
February 23rd at the Belfair Middle School. =;
Funding for these educational , _
programs are provided by United Way of
Early Learning Fair
Mason Count Thrive Washington, and
Olivia picks out stickers for y� g
ajob well done Visions for Early Learning.
HTMAXTENSIONMASON.WSUEDU