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2019/07/16 - Regular Packet
July 16.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 July 16, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release- Public Safety Sales Tax Ballot Proposition Staff: Frank Pinter 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes —July 2, and July 9, 2019 Regular Meeting Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 60263-60653 $ 668,817.76 Salary Clearing Fund Warrant #s 7004533-7004570 $ 942,878.21 8.2 Approval to appoint Russell Sackett to fill a vacant position on this Historic Preservation Commission expiring November 30, 2019 as well as a new 3-year term ending November, 2022. 8.3 Approval to set a hearing on Tuesday, August 6, 2019 at 9:15 a.m. to sell Parcel No. 61902-50-00003 on W. Salmonberry Drive, Elma, in the amount of $5,000. 8.4 Approval of a Sub-recipient agreement with Community Action Council of Lewis, Mason and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant. 8.5 Approval of the Juvenile Detention Alternatives Initiative Grant Application for 2019-2021 in the amount of $24,500 per year. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 07/15/19 11:05 AM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA July 16, 2019- PAGE 2 8.6 Approval of a resolution adopting the updated Real Property and Right of Way Acquisition Procedure for Public Works Projects to replace those found in resolution 20-19. 8.7 Approval of a letter of no objection for a Special Occasion Liquor License Application for the Allyn Community Association for Allyn's 13'F Birthday Celebration being held on August 4, 2019 at the Allyn Waterfront Park. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public hearing to consider adoption of the Public Benefit Rating System (PBRS) in place of the current Open Space program. (A request will be made to continue the hearing to October 1, 2019 at 9:15 a.m.) Staff: Kell Rowen 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-07-16 REG.doc BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 51h Street, Shelton, WA July 2, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 2. Pledge of Allegiance—Chief Welander led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Karen Ristau sent in a letter concerning fireworks. 4.1.2 Washington State Liquor and Cannabis board sent in liquor applications for North Mason Rotary Club for an event at Belfair State Park 3151 NE State route 300, Belfair; and Backcountry Hunters &Anglers for an event at KBH Archers 3680 NE Old Belfair Hwy, Belfair. 4.1.3 A decision was sent in for Public Employment Relations Commission in the matter of the petition of Olympic Mountain Lodge 23 of The Fraternal Order of Police 4.1.4 Roberta Kimmel brought in a letter regarding property on Lombard Rd. North, Grapeview. 4.2 Contract award: County Road Project 1994- Highland Road Culvert Replacement Project. Staff: Diane Sheesley 4.3 Contract award: Special Project 701-4 Satsop Cloquallum Road. Staff: Diane Sheesley 4.4 2020 Census update and presentation: Lorraine Ralston 5. Open Forum for Citizen Input— 5.1 An unknown citizen voiced concern and asked if an impact study was done on Highland Rd. and discussed her experience working on the County Roads Crew. She then questioned if the County realized there is not an escape route in the event of an emergency. Cmmr. Shutty said that they are working with Green Diamond to set up emergency access routes. 5.2 Sonya Chapman said she is just hearing of the access routes and questioned who made the decision on the 17'culvert. Diane Sheesley said this culvert was evaluated in 2015 and it was done through a permit process with the Department of Fish and Wildlife. 5.3 Ginger Seslar, Executive Director of Panhandle Camp spoke about her concern in getting emergency vehicles to the camp in the event of an emergency. She asked to possibly move the project to later in the year in order to prevent issues. 5.4 Brian Chapman said the culvert does not have fish and spoke of the dry creek bed. 5.5 Sonya Chapman spoke again saying that the Board should have come up with an escape route before approving this closure since burn restrictions were set in May. 5.6 Tom Davis handed information to the Board regarding the work on Highland Rd. He said that the construction crew was already out there this morning meaning the project will move forward without an escape route. He asked to push this project off even if it costs more. 5.7 Steve Bloomfield said that this culvert has to do with the Supreme Court decision, which is making things difficult on Public Works. He said it is not their fault and people need to think and vote. 5.8 Fire Chief Matthew Welander assured the concerned citizens that emergency vehicles will get to them. Brian Chapman and Chief Welander discussed the alternate roads. 6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes-June 24, 2019 Briefing Minutes; June 4, June 11, June 18, and June 25, 2019 Regular Meeting Minutes. Cmmr. Trask/Neatherlin moved and seconded to adopt the BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS July 2, 2019 - PAGE 2 June 24, 2019 Briefing Minutes; June 4, June 11, June 18, and June 25, 2019 Regular Meeting Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval of the Mason County Commissioner's 2020 and 2021 Preliminary Budget Guidelines. 8.2 Approval to enter into a 2-year contract with a term starting July 1, 2019 and ending June 30, 2021 with the following agencies: • Community Action Council #CAC:2019-2021.1 for $1,350,622 • North Mason Resources #NMR:2019-2021.1 for $70,000 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 59868-60262 $ 694,343.83 Salary Clearing Fund Warrant #s 7004506-7004532 $ 499,175.93 8.4 Approval of the resolution eliminating Chapter 2.146, Belfair Sewer Advisory Committee, from the Mason County Code. The committee completed its work in 2014 and submitted a report. (Ex.A—Res. 61-19) 8.5 Approval to authorize Public Works to apply for a Public Works Board construction loan, subject to a future and separate Board deliberation/action regarding loan acceptance. 8.6 Approval to enter into a contract with Mason General Hospital to provide hepatitis B vaccinations, respirator FIT medical reviews, testing and associated supplies. The three series hepatitis B shot is $435 per employee and $21 per employee for the Respirator FIT Testing supplies. 8.7 Approval to enter into a lease agreement with RWJJ, Inc. for the Mason County Sheriff's Substation located in the Belfair Landing Complex. The term of the lease is three years beginning September 1, 2019 and ending August 31, 2022. 8.8 Approval of the following for County Road Projects (CRP) 2022-2024: 1) Approval of resolutions for CRP 2022, Uncle John's Creek Upper Culvert Replacement, CRP 2023 Uncle John's Creek Lower Culvert Replacement, and CRP 2024, Dayton Creek Culvert Replacement. 2) Approval to authorize the Chair to sign all pertinent documents and approval to authorize the Public Works County Engineer to advertise, set bid dates/times and award contract. 3) Approval to authorize the County Engineer to sign the Applicant Resolution/Authorization forms. 4) Approval to authorize the County Engineer to announce Request for Qualifications as needed for consultant services for these projects and enter into contracts. (Ex. B,C&D—Res. 62-19,63-19, 64-19) Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.8. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None 10. 9:15 a.m. Public Hearings and Items set for a certain time- 10.1 Public hearing to consider the sale of parcel 32232-52-08021, E. Port Townsend Street, Union, and 32021-56-01013, E. Panorama Drive, Shelton. Staff: Jennifer Beierle BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS July 2, 2019 - PAGE 3 Jennifer Beierle noted that there is an offer for $20,500 for the E. Port Townsend Street, Union, and asked that parcel 32021-56-01013 be tabled until July 16, 2019. No public comment was received. Cmmr. Neatherlin noted that the buyers for Panorama Drive have asked for another 60 day extension. He asked what the Board would like to do. Cmmr. Neatherlin made a motion to sell parcel 32232-52-08021, E. Port Townsend Street, Union in the amount of$20,500 to Neil and Julie Jones. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex. E—Res. 65-19) 11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:47 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North Sth Street, Shelton, WA July 9, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance— Cmmr. Trask led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2 — Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence- None to report 5. Open Forum for Citizen Input— 5.1 Barbara Walterick said that the Post Office was not made aware of the Highland Road closure postponement, meaning residents didn't get their mail yesterday. She then questioned why the road needs to be closed so long. Cmmr. Shutty said that Engineer explained at the July 2nd meeting that the length of the closure is due to the size of the culvert. He then said that this project is due to a state ruling and wasn't decided upon by the people. 6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes—July 1, 2019 Briefing Minutes Cmmr. Trask/Neatherlin moved and seconded to adopt the July 1, 2019 Briefing Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval of the resolution for the distribution of the Public Utility District Excise Tax, per RCW 54.28.090. The Mason County Current Expense Fund will receive $723,452.64 and the City of Shelton will receive $88,742.10. (Ex.A—Res. 66-19) 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8065048-8065544 $ 2,612,357.13 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for June 2019 $ 2,885,461.96 8.3 Approval of the January 2019- December 2021 Collective Bargaining Agreement (CBA) for Mason County Sheriff's Office Employees Guild representing Deputy Sheriffs. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.3. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None. 10. 9:15 a.m. Public Hearings and Items set for a certain time— No hearings. 11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:15 a.m. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS July 9 2019 - PAGE 2 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner d �rk� MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: July 16, 2019 Agenda Item # 1 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 60263-60653 $ 668,817.76 Salary Clearing Fund Warrant #s 7004533-7004570 $ 942,878.21 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 13,776,220.84 Direct Deposit YTD Total $ 8,873,066.14 Salary Clearing YTD Total $ 9,518,496.25 Approval of Treasure Electronic Remittances YTD Total $ 5,363,522.36 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s $ Direct Deposit Fund Warrant #s 60263-60653 $ 668,817.76 Salary Clearing Fund Warrant #s 7004533-7004570 $ 942,878.21 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Michael MacSems Action Agenda _X_ Public Hearing Other DEPARTMENT: DCD EXT: 571 DATE: 7/16/19 Agenda Item # F..?-- (Commissioner Commissioner staff to complete) BRIEFING DATE: 7/8/19 BRIEFING PRESENTED BY: Michael MacSems [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Appoint Russell Sackett to fill the balance of a currently vacant term on the Mason County Historic Preservation Commission, as well as a new term expiring in November 2022. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Mason County Historic Preservation Commission is a seven (7) member commission which serves to identify and actively encourage the conservation of Mason County's historic resources. Currently there is an open seat which will expire on November 30th, Mason County has received one application for this seat. The application is from Russell Sacket of Belfair. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Appoint Russell Sacket to fill the balance of the currently open term ending on November 30, 2019, as well as a new term ending in November 2022. ATTACHMENTS: Applications from Russell Sackett and 2019 HPC membership list. Action Item Summary Form Appointment Sackett.doc cc:CMMRS Neatherlin,S`hutty&Trask ��E I V E� Clerk �aoN co � ag MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET � PIs �� 1 SHELTON Td1A 98584 Mason County Fax 360-427-8437;Voice 360-427-9670,Ext 419;275-4467 or482-5269 rasa Commissioners I AM SEEKING APPOINTMENT TO Mason County Historic Preservation Commission NAME; Russell Sackett ADDRESS.: PHON 360- CITYIZIP. VOTING PRECINCT:. WORK PHONE: Beffairl98518 Tahuya EMAIL: com (OR AREA INtHEGOUNIIf YQU WE) ------------------- -------------------------------- - COMMUNITY SERVICE EMPLOYMI=NT:(IF RETIRED PREVIOUS EXPERIENCEI (ACTIVITIES OR MEMBERSHIPS) COMPANY: Dept of Navy(retired)- 10 YRS POSITION: Historical Architect COMPANY: AK SHPO-9 YRS POSITION: AK State Architectural Historian ----------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board,Committee or Council for which you are applying: Purprisa of the Commission i,Sto perform ita duties a Certified i oral Government(CI G)tinder the National Park Service$'CLG program. To.promote the identification,preservation and rehabilitation of historic properties(consisting National Register of Historic Places)within Mason County To provide public guidance on preservation of historic properties.To dentify potential conflicts between land use and preservation of significant cultural resources along with What interests,skills do you wish to offer the Board.,Committee,or Council? J-have ov"30 years of experlepce in the field of historic presenizitiori- Uis expedepi;e 4-q been as an archaeologIst,— historic architect,and architectural historian. I have a working knowledge of the laws and regulations that govern the Nam o (s otic preservation. Please list any financial, professional, or voluntary affiliations which may influence or-affect your position on this Board: create a potential conflict of interest) I.e. Your participation is dependent.upon attending certain tralnings made available by the County during regular business.hours j (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically,how much time can you give to this position? Quarterly Monthly X Weeldy Dally OfficeIIse Only 04/21/19 Appointment Data_ Si afore Data Term dire Date 22 April 2019 Mason County Commissioners 411 North Fifth Street Shelton,WA 98584 Dear Commissioners: This is to express my interest in serving on the Mason County Mstoric Preservation Commission (MCIIPC). I am retired from over.30 years of working in the field of historic preservation originally m an archaeologist and later as a Historic Architect. I have enclosed an application for a position on the MCD PC along with my,work experience. I have experience in serving on historic preservation eomrnissions in Fairbanks,AIS and El Paso,TX along with having served eight years as a Board of Advisor for the National Trust for Nstgric Preservation representing the state of Alaska. I look forward.to the opportunity to serve on the MC14PC. Sin rely, tAg ussell Safkett Belfair,WA 98528 r, yryl r i • it RUSSELL H. SACKE 1TT EMPLOYMENT 20104019t Historical architect, Naval Facilities Engineering Command-Northwest, Silverdale, Education Washington. In support of the Navy Region Northwest Environmental • Penna.State University:Assoc. ProgramManager,provided oversight and overall program in Drafting and Design management for cultural resource&programs at Northwest Tech.1969 Navy installatioins in Washington,Oregon,Alaska,Idaho, • Elizabethtown College,PA.: North Dakota, and Minnesota. Identified future B.S.Sociology/Anthropology requirements and used these projections to develop cultural 1974 resources program budgets. Determined work load items • University of Alaska, that.could be, accomplished in-house or that should be Fanbapks: Graduate Studies contracted. Reviewed status of cultural resources program Anthropology 1975-78 implementation at Northwest Navy installation, to • University of Colorado: determine conformance with cultural resources M.A.Architecture 1984 regulations, executive orders, and both Navy and Department of Defense policies. Worked with installation staff to resolve deficiencies,implement new policies,and provide cultural resources program information to the Address/Phone chain of command. Established goals, led the establishment oflocalpolicies,and developed and initiated cultural resources inventory and, record-keeping procedures for the protection and preservation of historic Belfair,WA 98528 properties in the Navy Region Northwest area of Aome Phone: 360- responsibility. Insured cultural resources program (cell) implementation supported regional and installation email: com specific Environmental Management System and Vgvironmental Quality assessment programs. Areas of Expertise Planed,coordinated and directed field investigations in,the field of cultural resources Management, history, and historical architecture using accepted professional • Sections 106/110,National standards and methods and expert knowledge from. the Historic Preservation Act ffeld ofliistory and historical architecture. Studies require • Cultural Resources familiarity with related disciplines, e.g. archeology, Management Plans architecture,geography,communityplauning,etc•andthe e National Register of Historic ability to coordinate to ensure these areas are adequately Places covered. Conducted or managed historical property • Historic Architect inventories,prepares sketches ormaps of historic and other r Architectural History cultural resources features, and produces photo • HABS/AAER Documentation documentation, Coordinated investigations and studies with state,local, and federal agencies,Native American groups, appropriate Navy installation representatives, License other technical personnel,and members of the public when appropriate, Registered Architect(Retired),State For contractedprojects,served as the Contracting Officer's of Alaska#8137 technical representative and project manager to ensure preparation of technically adequate, timely and cost- effective osteffective eavironmental planning and cultural resources products and services. Prepare statements of work and independent Government cost estimates and is the i 2 RUSSEU IL SACKEITT technical representative during contract negotiation. Evaluate the contractor's qualifications to perform archeological and environmental planning work,reviews contractor's technical proposals and submittals,monitors contractor performance,and resolves technical differences with the contractor. Made recommendations pertaining to the selection of alternative plans that reduced the impact of prospective Projects on Cultural Resources or that will mitigate potentialimpaets, Coordinated decisions regarding project effects on cultural resources with the appropriate State Historic Preservation Office,Advisory Council oin Historic Preservation,National.Registry of Historic Places, local historical preservation agencies, public organizations, Tn$al Governments,and the chain of command- 2005-2010 ommand.200520 .0 Historic Architect, Fort Bliss, Texas. Oversaw historical architectural program for Cold. War era resources. Identified budget requirements, managed budget and acted as contracting officer's representative on contracts addressing Cold War surveys, inventories, and evaluations. Responsible for Section 106 review of Ft Bliss' projects that affected Cold War resources, consulting with.the SHPO and ACNP. Began a more robust 0overnment to-Government Tribal consultation program. Developed a Programmatic Agreement among the Army and New Mexico and Texas SHPOs for streamlining the Section 106 process. 2000-2005 Senior Research Associate, Center for knvironmental Management of Military Lands, Colorado State University, Under contract to U.S. Army Garrison, Alaska (USAG-AK) as its Cultural Resources Manager responsible for development and bripiementation of USAG-AK's cultural resources program,on 1.6 million acres. Program won the Secretary Qf the Army Environmental Award for cultural Resources Management at the Installation Level in 2003. Developed budget requirements and managed the budget. Began a Government to-Government consultation program. Reviewed cultural resource sections of NEPA documents. Prepared Section 106 and 110 documents for submittal to SIPO. Conducted consultation with .SETO, ACIP, Tribes, and interested parties. Prepared memorandum of agreements and programmatic agreements. Managed 3 archaeologists, a historian, and a cultufal resource specialist full time and up to 20 seasonal archaeologists. 19912000: Architectural Historian, Office of History and Archaeology,Department of Natural Resources, Division of Parks and Recreation,State of Alaska. Direct responsibilities consist of overseeing the federal tax credit program,state shipwreck management,architectural history.,historic architecture,technical assistance,national register nominations, historic structures reports, and s 3 RUSSELL H.SACKETT Section 106 review and compliance as member of the Alaska State Historic Preservation Officer's core staff- 1984-1991.- taff198+-199X; Architects:, GDM, Inc., Fairbanks, AK. Responsibilities consisted of cultural resource proposal writing, cultural resource project management, historic building inventory and evaluations,architectural research, architectural program writing, architectural 'drafting, conceptual design,preparation of construction documents, and construction administration. Managed 1-6 archaeologists,depending on work load. 1978-1981: Anthropology and Historic Preservation - Cooperatirve Park Studies Unit, UniftrS t r of Alaska, Fairbanks, Responsibilities included organizing held logistics;assisting in determining project poflcies and procedures and helping in carrying them out; conducting field investigations on archeological sites to determine work progress and necessary planning; assist with:recruiting and,hiring researchers and field assistants; research, record and report information from field and other sources;communicate with other agencies involved. in archeological field work;and report write-up. Primary responsibility consisted of evaluations of Sealaska Corporation's ANCSA 14(h)(1)site selections. Managed 2-6 archaeologists,depending on time of year. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Melissa Drewry Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: _530 COMMISSION MEETING DATE: 7/16/2019 Agenda Item # $ 3 Commissioner staff to complete) BRIEFING DATE: 7/8/19 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval to set a hearing on Tuesday, August 6, 2019 at 9:15 a.m. to sell Parcel No. 61902-50-00003 on W. Salmonberry Drive, Elma in the amount of $5,000. BACKGROUND: This parcel is Tax Title and was deeded to Mason County on February 22, 2017. An attempt to sell was made at the 2018 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction. 2019 Assessed Value: $15,940 Current offer: $5,000 Other amounts due: As of July 3, 2019 the back taxes owed are $1687.82 RECOMMENDED ACTION: Approval to set a hearing on Tuesday, August 6, 2019 at 9:15 a.m. to sell Parcel No. 61902-50-00003 on W. Salmonberry Drive, Elma in the amount of $5,000. ATTACHMENT(S): Purchase and sale agreement Notice IAProperty Mng\Property Offers&Negotiations\61902-50-00003-Salmonberry Dr\action to set hearing.doc Authentisign to:F2549085-9A5B-0359-AE85-B7AF2CC43412 Form 25 �fac ©Copyright 2017 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: June 27,2019 MLS No.:1409957 Offer Expiration Date: 7/10/2019 2. Buyer: Joshua N Petersen Elizabeth M Higgins A married couple Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 619025000003 130 W Salmouberry Drive Elma Mason WA 98541 Address City County State Zip 5. Purchase Price:$ 5,000.00 Five Thousand Dollars 6. Earnest Money:$ 500.00 Gia Check; ❑ Note; ❑ Other (held by❑Selling Firm; 56 Closing Agent) 7. Default:(check only one)Gia Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: Mason County Title Co 9. Closing Agent: Mason County Escrow Co Colleen Reamer Company IndMdual(optonap 10. Closing Date: 8/9/2019 Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: G6 Requested(attach NWMLS Form 22K); ❑Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer, 66 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 61 is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property:❑must be subdivided before ; Gf is not required to be subdivided 15. Feasibility Contingency Expiration Date: 66 21 days after mutual acceptance; ❑Other 16. Agency Disclosure: Selling Broker represents: 9 Buyer; ❑Seller, ❑both parties; ❑neither party Listing Broker represents: ❑Seller; Gd both parties 17. Addenda: 22D(Optional Clauses) 22EF(Funds Evidence) 22K(Utilfties) 22LA(Land/Acreage) Authenfiscrr 06/27/2019 I. Date Sellers Signature Date 06/27/2019 Q®.alYtPM PDT Date Seller's Signature Date 3612 Friday Ave Buyer's Address Sellers Address Everett Wa 98201 City,State,Zip City,State,Zip 913-735-6748 (360)427-9670 Phone No. Fax No. Phone No. Fax No. joshupetersen@gmail.com Buyers E-mail Address Sellers E-mail Address Richard Beckman Realty Group 4537 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Nick Opolsky 1506 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)701-9943 (360)426-1645 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. rnafl@RichardBeckman.com _ mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address nick@richardbeckman.com richard@richardbeckman.com Selling Brokers E-mail Address Listing Brokers E-mail Address 13182 9628 98421 9628 Selling Broker DOL License No. Selling Finn DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign 10:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less, the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form, a parry may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that parry shall be in breach of this Agreement. For the purposes of this section,the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area-, easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property, and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 VbsDla Agent shall close the ion on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 Lf! 06/27/2019 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-0359-AE85-B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyers consent,which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms)to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement-, or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 PIF I I holiday as defined inrRC1.16.050, the specified period of time shall expire on the next day that is not a 117 livIay, Sunday or legal ho ny specified period of 5 days or less, except for any time period relating to the 118 06/27/2019 r 06127/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-4359-AE85.B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision, as identified in Specific Term No. 7, shall apply: 135 I. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Sellers warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date, If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents. All 166 parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 dir�efccttly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 173 V' 06/27/2019 Ffl�- 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property;any special building requirements, including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyers satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 Pel 06/27/201906/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5BA359-AE85-B7AF2CC43412 Form 22D °n ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 1 of 2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 27,2019 1 between Joshua N Petersen Elizabeth M Higgins ('Buyer") 2 Buyer Buyer and Mason Countv ("Seller") 3 Seller Seller concerning 130 W Sahnonberry Drive Elma WA 98541 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 64 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a) the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments (fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 prior to the Possession Date. Any personal property remaining on the Property thereafter shall become the 26 property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑ well (specify type) 29 Ll irrigation water(specify provider) ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 Pp] diand operating equipmeent; Llother 40 06/27/2019 �11 d 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 22D ©Copyright 2017 Optional Clauses Addendum Northwest Multiple Listing Service Rev.2/17 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE &SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days (10 days if not filled in) of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2) years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2) years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. Homeowners' Association Transfer Fee. If there is a transfer fee imposed by the homeowners' association 61 or any other association (e.g. a "move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by 0 Buyer; ❑ Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 Pfl 06/27/2019 06/27/2019 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:F2549085.9A5B-4359-AE85.87AF2CC43412 Form 22EF ©Copyright 2017 Evidence of Funds Addendum Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 1 of 1 EVIDENCE OF FUNDS ADDENDUM TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 27,2019 1 between Joshua N Petersen Elizabeth M Higgins ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 130 W Salmonberry Drive Elma WA 98541 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. 0 EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within 5 days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF SOURCES OF CONTINGENT FUNDS. Buyer is relying on the following Contingent Funds 22 for the Purchase Price: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds(describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Paragraph 3 are 35 not available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 36 Agreement. 37 P'l 06/27/2019 E/1 06/27/2019 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-0359-AE85-B7AF2CC43412 Form 22K ©Copyright 2014 Identification of Utilities Addendum b**W- Northwest Multiple Listing Service Rev.5/14 IDENTIFICATION OF UTILITIES ALL RIGHTS RESERVED Page 1of1 ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated June 27,2019 1 between Joshua N Petersen Elizabeth M Higgins (`Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 130 W Salmonberry Drive Elma WA 98541 (the"Property'). 4 Address City State Zip Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds 5 necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities 6 providing service to the Property and having lien rights are as follows: 7 WATER DISTRICT: Ripplewood Water System 8 Name 9 Address Elma Wa 98541 10 City,State,Zip Fax. No. SEWER DISTRICT: 11 Name 12 Address 13 City,State,Zip Fax.No. IRRIGATION DISTRICT: 14 Name 15 Address 16 City,State,Zip Fax. No. GARBAGE: Mason County Garbage 17 Name 81 E Wilburs Way 18 Address Shelton Wa 98584 19 CitSt#3,Zip Fax.No. ELECTRICITY: UD 20 Name 307 W Cota St 21 Address Shelton,Wa 98584 22 City,State,Zip Fax. No. GAS: 23 Name 24 Address 25 City,State,Zip Fax. No. SPECIAL DISTRICT(S): 26 (local improvement districts or Name utility local improvement districts) 27 Address 28 City,State,Zip Fax. No. If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing 30 Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 32 addresses of the utility providers identified by Seller. 33 Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges 34 (including unbilled charges). Buyer understands that the Listing Broker and Selling Broker are not responsible for, or 35 insi re payment of, Seller's ut*LLLty cnarges. 36 06/27/2019 ''/# 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentisignID:F2549085-9A5B-4359-AE85-B7AF2CC43412 "Ri Form 22 L&A dBodbim ©Copyright 2010 Land&Acreage AddendumNorthwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of LAND AND ACREAGE ADDENDUM The following is part of the Purchase and Sale Agreement dated June 27,2019 1 between Joshua N Petersen Elizabeth M Higgins ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 130 W Salmonberry Drive Elma WA 98541 (the"Property"). 4 Address City State Zip 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections,tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by professionals certified by the Department of Ecology for items such as bacteria and 21 nitrates, and a generally accepted method for determining water quantity produced by a well is to have a test 22 conducted by experts to determine gallons per minute. Buyer understands that the results of such tests only 23 provide information regarding water quality or quantity at the time of the test(s) and provide no representation 24 or guarantee that results will not change or vary at other times. 25 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 26 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 27 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 28 to be paid if the use classification is changed or withdrawn at Closing or in the future. 29 f. A generally accepted method for determining the value of timber growing on the Property is to have a 30 qualified forester or forest products expert"cruise"the Property and give a written valuation. 31 g. If there is an on-site sewage system on the Property and the system has not been recently used, Buyer 32 should consider conducting a purge test and other inspections to determine whether there are any defects in 33 the system. 34 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 35 title to the Property is transferred. 36 V06/27/2019 N 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 37 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 38 The work to be performed shall be timely ordered by the party responsible for payment, except for the 39 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 40 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 41 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 42 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 43 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 44 the applicable contingency period, then the respective contingency shall be deemed waived. 45 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 46 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 47 fails to close as a consequence of a Seller's breach,the costs of the following shall be borne by the Seller: 48 Paid Paid Contingency period 49 by by (10 days if not filled in) 50 Buyer Seller ❑ ❑ I. Survey. Completion of survey to verify information days 51 regarding the Property as listed in 1(b). 52 0 ❑ ii. Perc Test. Perc or similar test indicating that the 21 days 53 Property is suitable for installation of conventional 54 septic system and drainfield. If the sale fails to close, 55 the party who paid for the perc test shall fill in holes at 56 their expense within two weeks of the date the 57 transaction is terminated. Earnest Money shall not be 58 refunded to Buyer until perc holes are filled in if this is 59 Buyer's responsibility. 60 ❑ ❑ iii. On-Site Sewage System.The system to be pumped days 61 and inspected by a qualified professional to determine 62 that the system is readily accepting effluent and the 63 system has no apparent defects. (If VA Financing is 64 used, Lender may require certification of system.) 65 ❑ ❑ iv. Water Quality.Water quality and/or purity tests days 66 showing water meets the approval standards of the 67 Department of Ecology and the standards of the 68 governing county. Water quality tests to be performed 69 by a qualified professional. 70 ❑ ❑ v. Water Quantity.Water quantity tests (4 hour draw days 71 down test or other test selected by Buyer) showing a 72 sustained flow of g. p. m., which Buyer 73 agrees will be adequate to reasonably meet Buyer's 74 needs. Water quantity test to be performed by a 75 qualified professional. 76 ❑ ❑ vi. Timber.Timber cruise conducted by a qualified forest days 77 products expert of Buyer's choice,with results of the 78 cruise to be satisfactory to Buyer in Buyer's sole 79 discretion. 80 V' 06/27/2019 N 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085.9A5B-4359-AE85-B7AF2CC43412 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 3 of LAND AND ACREAGE ADDENDUM Continued 3. ADDITIONAL PROVISIONS(check as applicable) 81 Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 82 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 83 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 84 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 85 the condition and capacity of irrigation pumps, system and wells, the adequacy of water rights for the Property, 86 the licensure of wells, permitted or certificated water rights for the Property, the location and size of any critical 87 area on the Property, the number and location of approved road approaches from public roads, and the 88 presence of recorded access easements to the Property, are suitable for Buyer's intended use(s), and that it is 89 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 90 any investigations, Buyer shall not interfere with any existing tenants' operations on the Property. 91 This feasibility study contingency shall conclusively be deemed waived unless within (10 days if 92 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 93 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 94 ❑ Irrigation and Water Seller warrants that there are shares of irrigation water rights 95 and shares of frost water rights applicable to the Property, all of which will be 96 transferred to Buyer at Closing. 97 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 98 interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 99 Closing Date, there are no defaults under the leases and no condition exists or event has occurred or failed to 100 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 101 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 102 extent delegated to and assumed by Buyer hereunder. 103 ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 104 before . A party shall conclusively be deemed to have waived this contingency unless 105 notice in conformance with this Agreement is provided to the other party by the foregoing date. 106 ❑ Crops. Unless otherwise agreed in writing Seller has the right to harvest all growing crops in the ordinary 107 course of business until the possession date. 108 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 109 the Agreement: ❑ portable buildings; ❑ sheds and other outbuildings; ❑ game feeders; ❑ livestock feeders 110 and troughs; ❑ irrigation equipment; ❑ fuel tanks; ❑ submersible pumps; ❑ pressure tanks; ❑ corrals and 111 pens; ❑ gates and fences; ❑ chutes; ❑ other: 112 The value assigned to the personal property included in the sale shall be $ 113 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 114 ❑ CRP Program. Buyer must assume all Conservation Reserve Program contracts and agree to continue them 115 through the expiration date of each such contract. All documentation for the assumption will be completed at 116 closing and must be approved by Farm Service Agency of the USDA prior to Closing. Any Conservation 117 Reserve Program payments shall be prorated as of Closing. 118 [VIP] 06/27/2019 r1 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign to:F2549085-9A5B4359-AE85-B7AF2CC43412 Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 4 of LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 119 documents within (20 days if not filled in) of mutual acceptance: 120 121 122 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 123 not filled in) of receipt of the above documents or the date that the above documents are due, then this 124 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 125 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 126 ❑ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 127 of the Property recommends further evaluation of the Property, Buyer shall have an additional 128 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 129 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 130 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 131 additional inspections, the applicable contingency period shall be replaced by the additional period specified 132 above. The time for conducting the additional inspections shall commence on the day after Buyer gives 133 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 134 the Agreement. 135 6. TAX DESIGNATION. 136 a. Classification of Property. Seller represents that the Property is classified as ❑ open space 137 ❑farm and agricultural ❑timberland under Chapter 84.34 RCW. 138 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 139 Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, 140 and penalties assessed by the county assessor when the Property is removed from its classification shall 141 be paid by ❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares(Seller if no box is checked). 142 ❑ c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 143 of classification continuance at or before the time of Closing. The notice of classification continuance shall 144 be attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a 145 notice of classification continuance, the county assessor must reassess the Property's taxable value and 146 retroactively impose additional taxes, applicable interest, and penalties,which Buyer shall pay. 147 7. ON-SITE SEWAGE SYSTEM — MAINTENANCE RECORDS. If there is an on-site sewage system on the 148 Property, Seller shall deliver to Buyer the maintenance records, if available, of the on-site sewage system serving 149 the Property within days (10 days if not filled in) of mutual acceptance. 150 PPI06/27/2019 /'//d 06/27/2019 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A P1 06/27/2019 EXHIBIT "A" PPI 06/27/2019 Legal Description: Lot 3, Ripplewood Tracts, Volume 6 of Plats, pages 164, 165 and 166, records of Mason County, Washington. Parcel No. 61902 50 00003 Abbreviated Legal: Parcel No(s): 61902-50-00003 ; Purported Address: None Assigned,WA s I i This page is only a part of a 2096 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I-Requirements;and Schedule B,Part 11-Exceptions. ORT Farm 4690 WA A 08101116;TC 0410218 Schedule A ALTA Commitment for Title Insurance Page 2 of 2 Authentisign ID:F2549085-9A5B-4359-AE85-B7AF2CC43412 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated between ("Buyer")2 Buyer Buyer and TvIason County ("Seller")3 SellerSeller concerning 0U W ;Ayy-\6 (the"Property").4 Address City State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this 6 purchase and sales agreement, in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow,Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed,per RCW 36.35.130. 11 12 6.Buyer shall pay all current and past due Association dues. 13 7. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 CPI 06/27/2019 �/"1 06/27/2019 J Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, August 2, 2019 at 9:15 a.m. SAID HEARING will be to take public comment on the sale of surplus property- parcel no. 61902-50-00003. If there are questions about the proposed sale, please contact Frank Pinter at 360- 427-9670 ext. 530.If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 16th day of July, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board c: Journal-Publ 2t: 07/25/19&08/01/19 (Bill: MC Commissioners 411 N 5th Street, Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 644 DATE: 7/16/2019 Agenda Item # g �{ Commissioner staff to complete) BRIEFING DATE: 7/8/2019 BRIEFING PRESENTED BY: Kelly Bergh [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Sub-recipient agreement with Community Action Council of Lewis, Mason and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG). EXECUTIVE SUMMARY: The County applied for and was awarded a Public Services CDBG grant through the Washington Department of Commerce. The County has partnered with the Community Action Council who will provide referrals and/or direct client services for eligible participants who are residents of Lewis or Mason County. This effort is funded under CDBG contract #19-62210-010. The contract total is $105,732 with a performance period of 7/1/2019 through 6/30/2020. This is a formula grant that can be applied for annually. The County has agreed to serve as the applicant and grantee for this program. $3,500 in grant funds will be used to off-set administrative costs. The sub-recipient agreement with the Community Action Council is for $102,232. The primary responsibilities include providing referrals for a minimum of 7,500 individuals in Mason and Lewis counties, of which a minimum of 3,825 must meet HUD's 51% income qualification. Responsibilities also include providing Children's Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 179 must meet current HUD's low-middle income qualifications. BUDGET IMPACTS: This project is fully funded by the CDBG grant. RECOMMENDED ACTION: Request approval for the Chair to sign the sub-recipient agreement. ATTACHMENTS: Sub-recipient agreement with the Community Action Council of Lewis, Mason and Thurston Counties J.1 Grants I CDBG Public Service Grant 12019-20201 Agenda Item Summary-Sub Rec.doc 2019 PUBLIC SERVICES COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT BETWEEN MASON COUNTY AND THE COMMUNITY ACTION COUNCIL OF LEWIS, MASON AND THURSTON COUNTIES This Agreement is made between Mason County, Washington (herein called the Local Government) and Community Action Council of Lewis, Mason and Thurston Counties (herein called Subrecipient) for the 2019 Public Services Community Development Block Grant (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 19-62210-010 (CFDA 14.228), to fund the Project with Federal Award Identification Number B-19-DC-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plan and conduct on-site review • Ensure grant activities are completed Page 1 of 21 • Conduct a final public hearing • Complete the grant close-out process with COMMERCE B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks and activities as detailed in "Exhibit A Scope-of-Work" to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Principal Tasks • Provide referrals for a minimum of 7,500 individuals in Mason and Lewis counties of which a minimum of 3,825 must meet HUD's 51% income qualification. • Provide Children's Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 179 must meet current HUD's low-middle income qualifications. • Formulate and submit required reports and payment requests to LOCAL GOVERNMENT in an accurate and timely manner. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Subrecipient: Community Action Council of Lewis, Mason and Thurston Counties Name of Representative: John Walsh, CEO Mailing Address: 3020 Willamette Dr NE City, State and Zip Code: Lacey, WA 98516 Telephone Number: 360-438-1100 Fax: 360-491-7729 E-mail Address: johnw@caclmt.org UBI#: 600-503-120 B. Local Government : Mason County, Washington Name of Representative: Kelly Bergh Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360-427-9670 Ext 644 Fax Number: 360-427-8437 E-mail Address: kbergh@co.mason.wa.us Page 2 of 21 4. BUDGET The Local Government will pass through to the Subrecipient no more than $102,232 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount 05 Public Services $102,232 Indirect Cost Rate: % Federally Approved Indirect Rate, or 10% de minimis rate, or fill out "N/A" declining to charge indirect The Local Government may require a more detailed budget breakdown, and the Subrecipient will provide such supplementary budget information in a timely fashion in the form and content prescribed by the Local Government. Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. Page 3 of 21 6. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Local Government, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT, the LOCAL GOVERNMENT may, upon written notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages, provided that the LOCAL GOVERNMENT promptly gives notice in writing to the SUB- RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Office set forth in a notice to the SUB-RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the SUB-RECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the LOCAL GOVERNMENT under this clause. B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to Page 4 of 21 or performing work or providing supplies to the LOCAL GOVERNMENT, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the LOCAL GOVERNMENT. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of LOCAL GOVERNMENT. E.E-verify: The E-Verify contractor program for Mason County applies to contracts of$100,000 or more and subcontracts for $25,000 or more if the primary contract is for$100,000 or more. SUB- RECIPIENT represents and warrants that it will, for at least the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system: means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the LOCAL GOVERNMENT, to provide a copy of each such verification to the LOCAL GOVERNMENT. SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a) termination of the AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB-RECIPIENT would also be liable for any additional costs incurred by the LOCAL GOVERNMENT due to contract cancellation or loss of license or permit. SUB-RECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F.Disputes: Differences between SUB-RECIPIENT and LOCAL GOVERNMENT, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of LOCAL GOVERNMENT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: Subrecipient shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or LOCAL GOVERNMENT, or (2) the happening of any event or occurrence, unless Subrecipient has given LOCAL GOVERNMENT a written Notice of Potential Claim within ten Page 5 of 21 (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by LOCAL GOVERNMENT. The written Notice of Potential Claim shall set forth the reasons for which Subrecipient believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Subrecipient shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: Subrecipient shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by LOCAL GOVERNMENT, Subrecipient has given LOCAL GOVERNMENT a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or related to the AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by the AGREEMENT. There shall be one arbitrator selected by the PARTIES within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made no later than forty-five (45) days after the arbitration demand,the PARTIES agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and process with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. K. Communication: Page 6 of 21 Subrecipient will not communicate directly with COMMERCE concerning this PROJECT without LOCAL GOVERNMENT's prior approval. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Obiective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an "independent contractor' with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers' Compensation The Subrecipient will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government as detailed in "Exhibit B Insurance Requirements." The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement as "Exhibit C Certificate of Insurance" which shall clearly evidence all insurance required in this section prior to commencement of services. Page 7 of 21 The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Local Government may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards Page 8 of 21 The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, the Washington State Department of Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. Page 9 of 21 All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local Government's CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 will be used to meet Page 10 of 21 one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program's approval. Such payment will constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten- year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a)transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the Page 11 of 21 services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. S. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability Page 12 of 21 The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the Local Government's governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. D. Copyright If this Agreement results in any copyrightable material or inventions, the Local Government and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. Page 13 of 21 11. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER The Local Government's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Exhibit A Scope-of-Work and Budget Exhibit B Insurance Requirements Exhibit C Certificate of Insurance Exhibit D Sample forms and Instructions IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. MASON COUNTY, WASHINGTON COMMUNITY ACTION COUNCIL OF LEWIS, MASON And THURSTON COUNTIES By: By: Kevin Shutty, Chair John Walsh, CEO Date: Date: Approved As To Form: Tim Whitehead, Chief DPA Page 14 of 21 EXHIBIT A SCOPE-OF -WORK The Community Action Council of Lewis, Mason and Thurston Counties (CAC) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (Commerce) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (LOCAL GOVERNMENT) policies and procedures. It is the CAC's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Conduct participant eligibility screening for Lewis and Mason county residents to determine program eligibility in compliance with CDBG requirements. 2. Provide referrals for a minimum of 7,500 individuals in Mason and Lewis counties of which a minimum of 3,825 must meet current HUD's low-middle income qualifications. 3. Provide Children's Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 179 must meet current HUD's low-middle income qualifications. Services include; resource referrals, advocacy, support case coordination, child forensic interviews, technical assistance for victims of child abuse, and consultation and case support for victims of other crimes. 4. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 3. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to LOCAL GOVERNMENT on a quarterly basis due September 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Kelly Bergh and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. LOCAL GOVERNMENT will be responsible for submitting completed requests to COMMERCE. See "Exhibit E Sample Forms and Instructions." B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to LOCAL GOVERNMENT on a quarterly basis due September 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Kelly Bergh. LOCAL GOVERNMENT will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions Kelly Bergh Mason County 411 N. 5th Street Page 15 of 21 Shelton, WA 98584 kber.gh .co.mason.wa.us 4. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by LOCAL GOVERNMENT. 5. Participate and support on-site compliance reviews conducted by LOCAL GOVERNMENT per CDBG requirements. 6. Assist LOCAL GOVERNMENT with all aspects of program administration and requirements including grant close-out process as requested. 7. Assist with preparation of 2020 Public Services Grant application as requested by LOCAL GOVERNMENT. Page 16 of 21 EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of$102,232 allows for reimbursement requests for staff salaries and benefits including administration and accounting pooled costs. The SUB- RECIPIENT cannot use Community Development Block Grant (CDBG) funds from this AGREEMENT for travel, equipment, contracted services, materials/supplies, other and/or indirect expenses. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as well as applicable Mason County's (LOCAL GOVERNMENT) policies and procedures. 5. SUB-RECIPIENT will provide LOCAL GOVERNMENT with a copy of the annual A-133 compliant audit within nine months of the end of CAC's fiscal year. Page 17 of 21 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non- owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or SUB-RECIPIENT's employees will use personal autos in any way on this project, SUB-RECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to LOCAL GOVERNMENT for injury to employees of SUB-RECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of LOCAL GOVERNMENT following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUB-RECIPIENT agrees to endorse third party liability coverage required herein to include as additional insureds LOCAL GOVERNMENT, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUB-RECIPIENT also agrees to require all SUB-RECIPIENT s, subcontractors, and anyone else involved in this Contract on behalf of the SUB-RECIPIENT (hereinafter"indemnifying PARTIES") to comply with these provisions. B. SUB-RECIPIENT agrees to waive rights of recovery against LOCAL GOVERNMENT regardless of the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise. C. All insurance coverage maintained or procured by SUB-RECIPIENT or required of others by SUB- RECIPIENT pursuant to this Contract shall be endorsed to delete the subrogation condition as to LOCAL GOVERNMENT, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by LOCAL GOVERNMENT. SUB-RECIPIENT shall not make any reductions in scope or limits of coverage that may affect LOCAL GOVERNMENT's protection without LOCAL GOVERNMENT's prior written consent. Page 18 of 21 E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to LOCAL GOVERNMENT prior to the execution of this Contract. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, LOCAL GOVERNMENT has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by LOCAL GOVERNMENT shall be charged to and promptly paid by SUB-RECIPIENT or deducted from sums due SUB- RECIPIENT. F. It is acknowledged by the PARTIES of this Contract that all insurance coverage required to be provided by SUB-RECIPIENT or indemnifying party, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self-insurance available to LOCAL GOVERNMENT. G. SUB-RECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to LOCAL GOVERNMENT. If SUB-RECIPIENT's existing coverage includes a self- insured retention, the self-insured retention must be declared to the LOCAL GOVERNMENT. The LOCAL GOVERNMENT may review options with SUB-RECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUB-RECIPIENT will renew the required coverage annually as long as LOCAL GOVERNMENT, 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 LOCAL GOVERNMENT executes a written statement to that effect. Page 19 of 21 EXHIBIT E SAMPLE FORMS AND INSTRUCTIONS Page 21 of 21 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jim Madsen Action Agenda _X_ Public Hearing Other DEPARTMENT: Juvenile Court Services EXT: _332 DATE: 7/16/19 Agenda Item # 0 rJ Commissioner staff to com tete BRIEFING DATE: 7/8/19 BRIEFING PRESENTED BY: Jim Madsen ( ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Juvenile Detention Alternatives Initiative (JDAI) grant contract 2019-2021 Background: The Juvenile Detention Alternatives Initiative is a nationwide effort created by the Annie E. Casey Foundation to reduce the use of detention and increase the use of more effective interventions. Mason County has been a JDAI site since 2009 and receives a yearly grant to help support these efforts. These grant funds enable the county to provide staff support and create and implement alternative programming in lieu of detention. There are no matching funds requirements for this grant. RECOMMENDED ACTION: Approval to: Approve and sign the Juvenile Detention Alternatives Initiative Grant Application for 2019-2021 in the amount of $24,500 per year. Attachment(s): Juvenile Detention Alternatives Initiative Grant Application Contract, DCYF Agreement Number 1963-58216 DCYF Agreement Number COUNTY PROGRAM AGREEMENT 1963-58216 =3 Juvenile Detention Alternatives Initiative This Program Agreement is by and between the State of Washington Administration or Division Department of Children, Youth, and Families (DCYF) and the County Agreement Number identified below, and is issued in conjunction with a County and DCYF 1-501-00519 Agreement On General Terms and Conditions, which is incorporated by County Agreement Number reference. DCYF ADMINISTRATION DCYF DIVISION DCYF INDEX NUMBER DCYF CONTRACT CODE Department of Children, Youth, Children, Youth and Families 1229 2000CC-63 and Families DCYF CONTACT NAME AND TITLE DCYF CONTACT ADDRESS Jenny Young 1115 Washington St SE Program Coordinator Olympia,WA 98504-5828 DCYF CONTACT TELEPHONE DCYF CONTACT FAX DCYF CONTACT E-MAIL (360)902-0872 Click here to enter text I youngja2@dshs.wa.gov COUNTY NAME COUNTY ADDRESS Mason County Mason County Juvenile Court PO Box 368 Shelton, WA 98584 COUNTY FEDERAL EMPLOYER IDENTIFICATION COUNTY CONTACT NAME NUMBER Jim Madsen COUNTY CONTACT TELEPHONE COUNTY CONTACT FAX COUNTY CONTACT E-MAIL 360 427-9670 jamesma@co.mason.wa.us IS THE COUNTY A SUBRECIPIENT FOR PURPOSES OF THIS PROGRAM CFDA NUMBERS AGREEMENT? No PROGRAM AGREEMENT START DATE PROGRAM AGREEMENT END DATE MAXIMUM PROGRAM AGREEMENT AMOUNT 07/01/2019 06/30/2021 $49,000.00 EXHIBITS. When the box below is marked with an X, the following Exhibits are attached and are incorporated into this County Program Agreement by reference: ® Exhibits (specify): Exhibit A: Data Security Requirement, Exhibit B: Statement of Work, Exhibit C: JDAI Site Implementation Budget ❑ No Exhibits. The terms and conditions of this Contract are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise, regarding the subject matter of this Contract. The parties signing below represent that they have read and understand this Contract, and have the authority to execute this Contract. This Contract shall be binding on DCYF only upon signature by DCYF. COUNTY SIGNATURE(S) PRINTED NAME(S)AND TITLE(S) DATE(S)SIGNED DCYF SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 1 Special Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "DCYF" means the Department of Children, Youth, and Families. b. "Office of Juvenile Justice" or"OJJ" means the Division under the Department of Children, Youth, and Families. c. "JDAI" means the Juvenile Detention Alternatives Initiative that the Washington State Partnership Council on Juvenile Justice, in partnership with eight county juvenile courts has adopted as a detention reform and system improvement initiative. 2. Purpose. The purpose of this Contract is to provide improve their juvenile justice systems and achieve the desired outcomes of: a. Increased public safety. b. Reduced detention overcrowding and the need to build and operate expensive detention facilities. c. Better outcomes for youth and families by safely keeping youth in their homes, schools and community. d. Reduction of racial disparities in the juvenile justice system. e. Redirecting scarce public funding to less expensive and proven community-based programs. 3. Data Security Requirements — Exhibit A. The Contractor shall protect, segregate, and dispose of data from DCYF as described in Exhibit A, and as required in the Section below entitled Secure Management of Confidential Information. 4. Statement of Work— Exhibit B. The Contractor shall provide services and staff as described in the Statement of Work attached as Exhibit B. 5. Statement of Work— Exhibit C. The Contractor shall provide services within the budget described in the JDAI Site Implementation Budget attached as Exhibit C. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 2 Special Terms and Conditions Exhibit A— Data Security Requirements 1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions: a. "AES" means the Advanced Encryption Standard, a specification of Federal Information Processing Standards Publications for the encryption of electronic data issued by the National Institute of Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf). b. "Authorized Users(s)" means an individual or individuals with a business need to access DCYF Confidential Information, and who has or have been authorized to do so. c. "Business Associate Agreement' means an agreement between DCYF and a contractor who is receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996. The agreement establishes permitted and required uses and disclosures of protected health information (PHI) in accordance with HIPAA requirements and provides obligations for business associates to safeguard the information. d. "Category 4 Data" is data that is confidential and requires special handling due to statutes or regulations that require especially strict protection of the data and from which especially serious consequences may arise in the event of any compromise of such data. Data classified as Category 4 includes but is not limited to data protected by: the Health Insurance Portability and Accountability Act (HIPAA), Pub. L. 104-191 as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service Publication 1075 (https://www.irs..qov/pub/irs-pdf/pl075.pdf i; Substance Abuse and Mental Health Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20. e. "Cloud" means data storage on servers hosted by an entity other than the Contractor and on a network outside the control of the Contractor. Physical storage of data in the cloud typically spans multiple servers and often multiple locations. Cloud storage can be divided between consumer grade storage for personal files and enterprise grade for companies and governmental entities. Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace. f. "Encrypt' means to encode Confidential Information into a format that can only be read by those possessing a "key"; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. g. "FedRAMP" means the Federal Risk and Authorization Management Program (see www.fed ramp.gov), which is an assessment and authorization process that federal government agencies have been directed to use to ensure security is in place when accessing Cloud computing products and services. h. "Hardened Password" means a string of at least eight characters containing at least three of the following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special characters such as an asterisk, ampersand, or exclamation point. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 3 Special Terms and Conditions i. "Mobile Device" means a computing device, typically smaller than a notebook, which runs a mobile operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones, most tablets, and other form factors. j. "Multi-factor Authentication" means controlling access to computers and other IT resources by requiring two or more pieces of evidence that the user is who they claim to be. These pieces of evidence consist of something the user knows, such as a password or PIN; something the user has such as a key card, smart card, or physical token; and something the user is, a biometric identifier such as a fingerprint, facial scan, or retinal scan. "PIN" means a personal identification number, a series of numbers which act as a password for a device. Since PINs are typically only four to six characters, PINs are usually used in conjunction with another factor of authentication, such as a fingerprint. k. "Portable Device" means any computing device with a small form factor, designed to be transported from place to place. Portable devices are primarily battery powered devices with base computing resources in the form of a processor, memory, storage, and network access. Examples include, but are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable Device. I. "Portable Media" means any machine readable media that may routinely be stored or moved independently of computing devices. Examples include magnetic tapes, optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have been removed from a computing device. m. "Secure Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access, and access is controlled through use of a key, card key, combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or locked storage containers (such as a filing cabinet or desk drawer)within a room, as long as access to the Confidential Information is not available to unauthorized personnel. In otherwise Secure Areas, such as an office with restricted access, the Data must be secured in such a way as to prevent access by non-authorized staff such as janitorial or facility security staff, when authorized Contractor staff are not present to ensure that non-authorized staff cannot access it. n. "Trusted Network" means a network operated and maintained by the Contractor, which includes security controls sufficient to protect DCYF Data on that network. Controls would include a firewall between any other networks, access control lists on networking devices such as routers and switches, and other such mechanisms which protect the confidentiality, integrity, and availability of the Data. o. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system. 2. Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information Officer for the state of Washington, and of the DCYF Information Security Policy and Standards Manual. Reference material related to these requirements can be found here: https://www.dcyf.wa.gov/services/child- welfare-providers which is a site developed by the DSHS Information Security Office and hosted by DCYF. 3. Administrative Controls. The Contractor must have the following controls in place: a. A documented security policy governing the secure use of its computer network and systems, and Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 4 Special Terms and Conditions which defines sanctions that may be applied to Contractor staff for violating that policy. b. Security awareness training for all employees, presented at least annually, which informs Contractor staff of their responsibilities under the Contractor's security policy. If the Contractor does not have an appropriate security awareness course, any of their staff who will work with the Data or systems housing the Data, must successfully complete the DSHS Information Security Awareness Training, which can be taken on this web page: https://www.dshs.wa.gov/fsa/central- contract-services/it-security-awareness-training, or a replacement later identified by DCYF. c. If the Data shared under this agreement is classified as Category 4, the Contractor must be aware of and compliant with the applicable legal or regulatory requirements for that Category 4 Data. d. If Confidential Information shared under this agreement is classified as Category 4, the Contractor must have a documented risk assessment for the system(s) housing the Category 4 Data. 4. Authorization, Authentication, and Access. In order to ensure that access to the Data is limited to authorized staff, the Contractor must: a. Have documented policies and procedures governing access to systems with the shared Data. b. Restrict access through administrative, physical, and technical controls to authorized staff. c. Ensure that user accounts are unique and that any given user account logon ID and password combination is known only to the one employee to whom that account is assigned. For purposes of non-repudiation, it must always be possible to determine which employee performed a given action on a system housing the Data based solely on the logon ID used to perform the action. d. Ensure that only authorized users are capable of accessing the Data. e. Ensure that an employee's access to the Data is removed immediately: (1) Upon suspected compromise of the user credentials. (2) When their employment, or the contract under which the Data is made available to them, is terminated. (3) When they no longer need access to the Data to fulfill the requirements of the contract. f. Have a process to periodically review and verify that only authorized users have access to systems containing DCYF Confidential Information. g. When accessing the Data from within the Contractor's network (the Data stays within the Contractor's network at all times), enforce password and logon requirements for users within the Contractor's network, including: (1) A minimum length of 8 characters, and containing at least three of the following character classes: uppercase letters, lowercase letters, numerals, and special characters such as an asterisk, ampersand, or exclamation point. (2) That a password does not contain a user's name, logon ID, or any form of their full name. (3) That a password does not consist of a single dictionary word. A password may be formed as a passphrase which consists of multiple dictionary words. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 5 Special Terms and Conditions (4) That passwords are significantly different from the previous four passwords. Passwords that increment by simply adding a number are not considered significantly different. h. When accessing Confidential Information from an external location (the Data will traverse the Internet or otherwise travel outside the Contractor's network), mitigate risk and enforce password and logon requirements for users by employing measures including: (1) Ensuring mitigations applied to the system don't allow end-user modification. (2) Not allowing the use of dial-up connections. (3) Using industry standard protocols and solutions for remote access. Examples would include RADIUS and Citrix. (4) Encrypting all remote access traffic from the external workstation to Trusted Network or to a component within the Trusted Network. The traffic must be encrypted at all times while traversing any network, including the Internet, which is not a Trusted Network. (5) Ensuring that the remote access system prompts for re-authentication or performs automated session termination after no more than 30 minutes of inactivity. (6) Ensuring use of Multi-factor Authentication to connect from the external end point to the internal end point. i. Passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token (software, hardware, smart card, etc.) in that case: (1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at least one other authentication factor (2) Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be acceptable) (3) Must not contain a "run" of three or more consecutive numbers (12398, 98743 would not be acceptable) j. If the contract specifically allows for the storage of Confidential Information on a Mobile Device, passcodes used on the device must: (1) Be a minimum of six alphanumeric characters. (2) Contain at least three unique character classes.(upper case, lower case, letter, number). (3) Not contain more than a three consecutive character run. Passcodes consisting of 12345, or abcd12 would not be acceptable. k. Render the device unusable after a maximum of 10 failed logon attempts. 5. Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described: a. Hard disk drives. For Data stored on local workstation hard disks, access to the Data will be restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 6 Special Terms and Conditions and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. b. Network server disks. For Data stored on hard disks mounted on network servers and made available through shared folders, access to the Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. For DCYF Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section 8 Data Disposition, may be deferred until the disks are retired, replaced, or otherwise taken out of the Secure Area. c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DCYF on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secure Area. When not in use for the contracted purpose, such discs must be Stored in a Secure Area. Workstations which access DCYF Data on optical discs must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by DCYF on optical discs which will be attached to network servers and which will not be transported out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on discs attached to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. e. Paper documents. Any paper records must be protected by storing the records in a Secure Area which is only accessible to authorized personnel. When not in use, such records must be stored in a Secure Area. f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or Secure Access Washington (SAW) will be controlled by DCYF staff who will issue authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized Users on Contractor's staff. Contractor will notify DCYF staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g. Data storage on portable devices or media. (1) Except where otherwise specified herein, DCYF Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized, the Data shall be given the following protections: (a) Encrypt the Data. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 7 Special Terms and Conditions (b) Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. (c) Manually lock devices whenever they are left unattended and set devices to lock automatically after a period of inactivity, if this feature is available. Maximum period of inactivity is 20 minutes. (d) Apply administrative and physical security controls to Portable Devices and Portable Media by: i. Keeping them in a Secure Area when not in use, ii. Using check-in/check-out procedures when they are shared, and iii. Taking frequent inventories. (2) When being transported outside of a Secure Area, Portable Devices and Portable Media with DCYF Confidential Information must be under the physical control of Contractor staff with authorization to access the Data, even if the Data is encrypted. h. Data stored for backup purposes. (1) DCYF Confidential Information may be stored on Portable Media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DCYF Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements below in Section 8 Data Disposition. (2) Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media, etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described in this exhibit. If this media is retired while DCYF Confidential Information still exists upon it, the data will be destroyed at that time in accordance with the disposition requirements below in Section 8 Data Disposition. i. Cloud storage. DCYF Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DCYF nor the Contractor has control of the environment in which the Data is stored. For this reason: (1) DCYF Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met: (a) Contractor has written procedures in place governing use of the Cloud storage and Contractor attests in writing that all such procedures will be uniformly followed. (b) The Data will be Encrypted while within the Contractor network. (c) The Data will remain Encrypted during transmission to the Cloud. (d) The Data will remain Encrypted at all times while residing within the Cloud storage solution. (e) The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor and/or DCYF. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 8 Special Terms and Conditions (f) The Data will not be downloaded to non-authorized systems, meaning systems that are not on either the DCYF or Contractor networks. (g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DCYF or Contractor's network. (2) Data will not be stored on an Enterprise Cloud storage solution unless either: (a) The Cloud storage provider is treated as any other Sub-Contractor, and agrees in writing to all of the requirements within this exhibit; or, (b) The Cloud storage solution used is Fed RAMP certified. (3) If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution. 6. System Protection. To prevent compromise of systems which contain DCYF Data or through which that Data passes: a. Systems containing DCYF Data must have all security patches or hotfixes applied within 3 months of being made available. b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been applied within the required timeframes. c. Systems containing DCYF Data shall have an Anti-Malware application, if available, installed. d. Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware database the system uses, will be no more than one update behind current. 7. Data Segregation. a. DCYF Data must be segregated or otherwise distinguishable from non-DCYF data. This is to ensure that when no longer needed by the Contractor, all DCYF Data can be identified for return or destruction. It also aids in determining whether DCYF Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation. (1) DCYF Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-DCYF Data. And/or, (2) DCYF Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DCYF Data. And/or, (3) DCYF Data will be stored in a database which will contain no non-DCYF data. And/or, (4) DCYF Data will be stored within a database and will be distinguishable from non-DCYF data by the value of a specific field or fields within database records. (5) When stored as physical paper documents, DCYF Data will be physically segregated from non- DCYF data in a drawer, folder, or other container. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 9 Special Terms and Conditions b. When it is not feasible or practical to segregate DCYF Data from non-DCYF data, then both the DCYF Data and the non-DCYF data with which it is commingled must be protected as described in this exhibit. 8. Data Disposition. When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DCYF or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: Server or workstation hard disks, or Using a "wipe" utility which will overwrite the Data at least three (3) times using either random or single Removable media (e.g. floppies, USB flash character data, or drives, portable hard disks) excluding optical discs Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Physically d stroying the disk Paper documents with sensitive or Recycling through a contracted firm, provided the Confidential Information contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential On-site shredding, pulping, or incineration Information requiring special handling (e.g. protected health information Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive Magnetic tae Degaussing, incinerating or crosscut shredding 9. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DCYF shared Data must be reported to the DCYF Contact designated in the Contract within one (1) business day of discovery. If no DCYF Contact is designated in the Contract, then the notification must be reported to the DCYF Privacy Officer at: dcyfprivacyofficer(5-)_dcyf.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DCYF. 10. Data shared with Subcontractors. If DCYF Data provided under this Contract is to be shared with a subcontractor, the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this.Contract, then the contract with the sub- Contractor must be submitted to the DCYF Contact specified for this contract for review and approval. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 10 Special Terms and Conditions Exhibit B—STATEMENT OF WORK Mason County JDAI Site Contract 1. Contractor Obligations: Mason County Juvenile Court will: a. Work to achieve the goals outlined in the submitted Implementation Plan; incorporated by reference herein: (1) Finalize and implement sanctions grid: a) By working within juvenile court administration to design a grid that maintains accountability, reduces racial and ethnic disparities, and properly responds to risk and safety concerns; b) By creating a policy for the use of the Sanctions Grid to include supervisory review; c) By introducing the finalized grid and policy to Prosecutors, Defense, and Juvenile Court Judge for feedback; and d) By creating a tracking tool to follow the impact of Sanction Grid implementation on admissions to detention and racial and ethnic disparities. (2) Create and implement a tiered warrant system: a) By learning from other courts that use a tiered warrant system; b) By soliciting feedback from stakeholders regarding the desire to use a tiered warrant system; and c) By collaborating with the Mason County Prosecutor's Office, local law enforcement, and juvenile and superior court administration on the development of policy and procedures for the tiered warrant system. b. Complete the revision of the Juvenile Detention Policy and Procedure Manual and after review, incorporate recommended changes to ensure policies are culturally relevant, if needed. c. Complete and submit the following Quarterly Data Reports: Admissions to Detention and DRAI Recommendation Detail. 2. JDAI Quality Assurance Requirements: Mason County Juvenile Court shall: a. Participate in monthly one-on-one conference calls with the JDAI State Coordinator; b. Participate in quarterly Local JDAI Site Coordinator Conference Calls; and c. Attend and participate in the JDAI State Steering Committee Meetings. The Office of Juvenile Justice shall: a. Provide technical support to the Contractor when requested; b. Conduct at least two in person sites visits during the contract period; and c. Attend at least two of the Contractor's Local JDAI Stakeholder/Steering Committee meetings during the contract period. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 11 Special Terms and Conditions 3. Deliverables: The Deliverables include the following reports due to the JDAI State Coordinator per the due dates outlined below. a. Quarterly Progress Reports (aka: Stoplight Report) by the 15th of the month following the end of the quarter; b. Quarterly Data Reports (identified in Sec. 1.c.) by the 15th of the month following the end of the quarter; and c. Annual Results Report due by March 15th, 2020 for the 2019 Calendar Year and by March 15tH 2021 for the 2020 Calendar Year. 4. Consideration: The total maximum consideration payable to the Contractor for satisfactory performance of the work under this Contract is $24,500 (Fiscal Year 1) and $24,500 (Fiscal Year 2) for activities occurring between July 1, 2019 and June 30, 2021 including any and all expenses, and shall be based upon Exhibit C: JDAI Site Implementation Budget, attached and incorporated by reference herein. All quarterly data reports and progress reports must be received prior to payment of invoices submitted to the JDAI State Coordinator. Invoices submitted without quarterly data reports and progress reports will be held until required reports are submitted. All grant funds for Year 1 must be expended by June 30, 2020. All grant funds for Fiscal Year 2 must be expended by June 30, 2021. No unspent funding from the Fiscal Year 1 Budget may be carried over into the Fiscal Year 2 Budget. Up to 10% or$1,000, whichever is less, of the total budget may be moved between the line items or categories without an amendment with prior written approval from the OJJ Director or designated Contracts Manager. Contractor shall provide a written request for any changes and an updated budget upon approval. Any budget amendments over 10% or$1,000, whichever is less, must obtain an approved contract amendment and updated approved budget prior to any expenditures being made. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 12 Special Terms and Conditions EXHIBIT C—JDAI SITE IMPLEMENTATION BUDGET Fiscal Year 1 APPROVED BUDGET OFFICE OF JUVENILE JUSTICE AND SPECIAL CONDITIONS JJ-2 GRANTAWARD FUND DATE: Department of Children, Youth and Families 1500 Jefferson Ave., CONTRACT#: SOURCE: Olympia,WA 98501 1-501-00519 State 7/1/2019 Proviso PROJECT TITLE: JDAI Implementation Fiscal Year 1 PROJECT PERIOD: 1 7/1/2019 to 6/30/2021 This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $20,000 FEDERAL $0.00 0.00% SUPPLIES $1,000 SUBGRANTEE IN-KIND $0.00 0.00% MATCH OTHER SERVICES AND $1,500 PROJECT INCOME $0.00 0.00% CHARGES EQUIPMENT $500.00 OTHER FUNDS $24,500 100.0% CAPITAL/OUTLAY TRAVEL $1,000 CONTRACTUAL $500 INDIRECT $0.00 TOTAL BUDGET $24,500 TOTAL PROJECT FUNDS $24,500 100% SUBGRANTEE FINANCIAL OFFICER Mason County Juvenile Court Services Paula Thale, 360-427-9670 ext. 338 SIGNING AUTHORITY PROJECT DIRECTOR Mason County Commissioners Jim Madsen,360-427-9670 ext. 332 SPECIAL CONDITIONS: 1. The next Progress Report is due:October 15,2019 2. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period,the sub grantee must report by letter to the State the steps taken to initiate the project,the reasons for the delay,and the expected starting date. 3. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter,the state may cancel the project. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 13 Special Terms and Conditions EXHIBIT C—JDAI SITE IMPLEMENTATION BUDGET Fiscal Year 2 APPROVED BUDGET OFFICE OF JUVENILE JUSTICE AND SPECIAL CONDITIONS JJ-2 GRANT AWARD FUND DATE: Department of Children, Youth and Families 1500 Jefferson Ave., CONTRACT#: SOURCE: Olympia,WA 98501 1-501-00519 State 7/1/2019 Proviso PROJECT TITLE: JDAI Implementation Fiscal Year 2 PROJECT PERIOD: 7/1/2019 to 6/30/2021 This grant award is subject to the approved budget that appears below and to the special conditions that appear below and/or are attached hereto and are incorporated herein. BUDGET CATEGORIES SOURCE OF FUNDS PERSONNEL $20,000 FEDERAL $0.00 0.00% SUPPLIES $1,000 SUBGRANTEE IN-KIND $0.00 0.00% MATCH OTHER SERVICES AND $1,500 PROJECT INCOME $0.00 0.00% CHARGES EQUIPMENT $500.00 OTHER FUNDS $24,500 100.0% CAP ITAL/OUTLAY TRAVEL $1,000 CONTRACTUAL $500 INDIRECT $0.00 TOTAL BUDGET $24,500 TOTAL PROJECT FUNDS $24,500 100% SUBGRANTEE FINANCIAL OFFICER Mason County Juvenile Court Services Paula Thale, 360-427-9670 ext. 338 SIGNING AUTHORITY PROJECT DIRECTOR Mason County Commissioners Jim Madsen,360-427-9670 ext. 332 SPECIAL CONDITIONS: 4. The next Progress Report is due: October 15,2019 5. Commencement Within 60 Days: If a project is not operational within 60 days of the original starting date of the grant period,the sub grantee must report by letter to the State the steps taken to initiate the project,the reasons for the delay,and the expected starting date. 6. Operational Within 90 Days: If the project is not operational within 90 days of the original start date of the grant period, the sub grantee must submit a second statement to the State explaining the implementation delay. Upon receipt of the 90-day letter,the state may cancel the project. Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 14 Special Terms and Conditions Department of Children,Youth,and Families 2017CF County Program Agreement(12-14-2018) Page 15 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: July 16, 2019 Agenda Item # BRIEFING DATE: July 8, 2019 BRIEFING PRESENTED BY: Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Right of Way Acquisition Procedures for Public Works Projects EXECUTIVE SUMMARY: Mason County is required by the Washington State Department of Transportation (WSDOT) to adopt written procedures that pledge the County to acquire real property and rights of way in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (RCW 8.26), state regulations (WAC 468-100) and applicable federal regulations. Mason County Board of County Commissioners adopted the current Right of Way Acquisition Procedures for Public Works Projects March 12, 2019 (Resolution 20-19). Public Works needs to update the procedures reflecting changes in personnel. The updates have been reviewed by WSDOT and consist of the following documents: ■ ROW Acquisition Procedures (LPA001) • Appraisal Waiver Procedures (LPA003) ■ Administrative Settlement Policy • ROW Qualifications RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County Commissioners approve the resolution adopting the updated Real Property and Right of Way Acquisition Procedure for Public Works Projects; replacing those found in Resolution 20-19. Attachments: Resolution Updated Right of Way Procedures RESOLUTION NO. REPLACING RESOLUTION 20-19 UPDATING THE REAL PROPERTY ACQUISITION PROCEDURES FOR PUBLIC WORKS PROJECTS WHEREAS, The Mason County Department of Public Works engages in projects designed to improve the County's transportation infrastructure; and WHEREAS, said projects frequently require the acquisition of additional right of way from abutting property owners; and WHEREAS, certain federal and state laws and regulations set forth procedures for the acquisition of real property, including rights of way; and WHEREAS, the Board of County Commissioners finds that adherence to said laws and regulations in all real property and right of way acquisition activities of County staff is appropriate and required; and WHEREAS, Resolution 20-19, approved March 12, 2019 adopted the County Real Property and Right of Way Acquisition Procedures; and WHEREAS, Public Works is prompting the Board of Commissioners to update these procedures to reflect changes to personnel. NOW, THEREFORE, BE IT RESOLVED by the Mason County Board of Commissioners that Real Property Acquisition Procedures for Public Works Projects found in Exhibit A, attached hereto, are hereby adopted and mandated for use by Public Works staff in connection with all transportation improvement projects and other activities in pursuit of the Public Works mission; and NOW THEREFORE, BE IT FURTHER RESOLVED that the Real Property and Right of Way Acquisition procedures found in Mason County Resolution 20-19 are hereby replaced. DATED this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Sharon Trask, Vice Chair Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner MASON COUNTY DEPARTMENT OF PUBLIC WORKS 100 W PUBLIC WORKS DRIVE SHELTON, WASHINGTON 98584 Phone(360)427-9670 x450 41P Fax(360)427-7783 MASON COUNTY Exhibit A — MISSION The mission of Mason Right of Way Procedures for Public Works Projects County Government is to provide essential& mandated services which The County of Mason, hereinafter referred to as "AGENCY", desiring to acquire real will preserve & benefit the property (obtain an interest in, and possession of, real property) in accordance with health,safety,&welfare of the general public in a the Uniform Relocation Assistance and Real Property Acquisition Policies Act and professional and courteous applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state manner through the effective and equitable management regulations (Ch. 468-100 WAC) hereby adopts the following procedures to implement of available public the above statutes and Washington Administrative Code. The AGENCY is responsible resources. for the real property acquisition and relocation activities on projects administered by Mason County recognizes the AGENCY. To fulfill the above requirements the AGENCY will acquire right-of-way that its employees& volunteers are the (ROW) in accordance with the policies set forth in the Right of Way Manual M 26-01 foundation upon which and Local Agency Guidelines. The AGENCY has the following expertise and personnel these services are provided. capabilities to accomplish these functions: 1. The following relate to the AGENCY's request. a. Below is a list of responsible AGENCY individual names and positions, for which the AGENCY has qualified staff to perform the specific right-of-way function(s). Attached are resumes for each individual AGENCY staff listed to perform those functions below, and a brief summary of their qualifications pertaining to the specific ROW function(s) for which they are listed. The procedures shall be updated whenever staffing changes occur. The AGENCY will be approved to acquire based upon staff qualifications. i. PROGRAM ADMINISTRATION : Oversee delivery of the R/W Program on federal aid projects for the agency. Ensures R/W functions are carried out in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Ensures agency's approved R/W Procedures are current, including staff qualifications, and provides copies to consultants and agency staff; • Oversight of ROW consultants; o use of consultant contract approved by WSDOT o management of ROW contracts o management of ROW files o reviews and approves actions and decisions recommended by consultants o Overall responsibility for decisions that are outside the purview of consultant functions LPA-001 Right of Way Procedures Page 1 of 5 Revised 1212017 • Sets Just Compensation prior to offers being made; • Approves administrative offer summaries per policy; • Ensure agency has a relocation appeal process in place prior to starting relocation activities; • Oversight of Administrative Settlements; • Obligation authority for their agency; • Obtain permits (Non-Uniform Relocation Act (URA)); • Ensures there is a separation of functions to avoid conflicts of interest. • Verifies whether or not ROW is needed, and that the property rights and/or interests needed are sufficient to construct, operate and maintain the proposed projects(see Appendix 25.176). Diane M. Sheesley, PE,County Engineer,Sarah Grice, PE, Engineering and Construction Manager,and Loretta Swanson, Director ii. APPRAISAL Prepare and deliver appraisals on federal aid projects for the agency. Ensures that appraisals are consistent and in compliance with state and federal laws, regulations, policies and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal work; • Use appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff, • Prepare Project Funding Estimates (PFE)or,when applicable,True Cost Estimates(TCE); • Prepare Administrative Offer Summaries(AOS or Appraisal Waiver); • Obtain specialist reports; • Coordinate with engineering, program administration,acquisition, relocation, and/or property management as necessary. No qualified staff iii. APPRAISAL REVIEW: Review appraisals on federal aid projects for the agency to make sure they are adequate, reliable, and have reasonable supporting data, and approve appraisal reports. Ensures appraisals are adequately supported and represent fair market value and applicable costs to cure and are completed in compliance with state and federal laws, regulations, policies and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal review work; • Use review appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff; • Ensures project wide consistency in approaches to value, use of market data and costs to cure; • Coordinate with engineering, program administration, acquisition, relocation,and/or property management as necessary. LPA-001 Right of Way Procedures Page 2 of 5 Revised 1212017 No qualified staff iv. ACQUISITION: Acquire, through negotiation with property owners, real property or real property interests (rights) on federal aid projects for the agency. Ensures acquisitions are completed in compliance with federal and state laws, regulations, and policies and procedures. Responsibilities/Expectations: • Use only qualified staff to perform acquisition activities for real property or real property interests, including donations; • To avoid a conflict of interest, when the acquisition function prepares an AOS, only acquires property valued at$10,000 or less; • Provide and maintain a comprehensive written account of acquisition activities for each parcel; • Prepare administrative settlement justification and obtain approval; • Prepare Project Funding Estimates (PFE)or,when applicable,True Cost Estimates(TCE); • Prepare Administrative Offer Summaries (AOS or Appraisal Waiver); • Review title, and recommend and obtain approval for acceptance of encumbrances; • Ensure acquisition documents are consistent with ROW plans,valuation, and title reports; • Provide a negotiator-disclaimer; • Coordinate with engineering, program administration,appraisal, relocation, and/or property management as necessary; • Maintain a complete,well organized parcel file for each acquisition. Phil Franklin, ROW Agent V. RELOCATION: Provide relocation assistance to occupants of property considered displaced by a federally funded projects for the agency. Ensures relocations are completed in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Prepare and obtain approval of relocation plan prior to starting relocation activities; • Confirm relocation appeal procedure is in place; • Provide required notices and advisory services; • Make calculations and provide recommendations for agency approving authority prior to making payment; • Provide and maintain a comprehensive written account of relocation activities for each parcel; • Coordinate with engineering, program administration,appraisal, acquisition, and/or property management as necessary; • Maintain a complete,well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the ROW. LPA-001 Right of Way Procedures Page 3 of 5 Revised 12/2017 No qualified staff vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure control and administration of ROW, excess lands, and improvements acquired on federal aid projects for the agency. Ensures property management activities are completed in compliance with federal and state laws, regulations, policies and procedures. Responsibilities/Expectations: • Account for use of proceeds from the sale/lease of property acquired with federal funds on other title 23 eligible activities; • Keep R/W free of encroachments; • Obtain WSDOT/FHWA approval for change in access control along interstate; • Maintain property records; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary; • Maintain a complete, well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the ROW. Phil Franklin, ROW Agent b. Any functions for which the AGENCY does not have qualified staff,the Agency will contract with another local agency with approved procedures, an outside contractor, or the Washington State Department of Transportation (WSDOT). An AGENCY that proposes to use outside contractors for any of the above functions will need to work closely with the WSDOT Local Agency Coordinator(LAC) and Local Programs to ensure all requirements are met. When the AGENCY proposes to have a staff person approved to negotiate who is not experienced in negotiation for FHWA funded projects, the LAC must be given a reasonable opportunity to review all offers and supporting data before they are presented to the property owners. c. The AGENCY wishes to take advantage of an Appraisal Waiver (aka Administrative Offer Summary or AOS) procedure on properties valued up to $25,000 or less and outlined in the attached form LPA-003. d. Attached is a copy of the AGENCY's administrative settlement procedure showing the approving authority(s) and the procedure involved in making administrative settlements. 2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, right-of-way and construction stages, and for a three year period following acceptance of the projects by WSDOT. 3. Approval of the AGENCY's procedures by WSDOT may be rescinded at any time the AGENCY is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may be applied to all or part of the functions approved. LPA-001 Right of Way Procedures Page 4 of 5 Revised 12/2017 Chair Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-001 Right of Way Procedures Page 5 of 5 Revised 1212017 WAIVER OF APPRAISAL PROCEDURE The County of Mason, hereinafter referred to as "AGENCY", desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, and desiring to take advantage of the $25,000.00 appraisal waiver process approved by the Federal Highway Administration (FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation (WSDOT) as follows: Rules A. The AGENCY may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the Project Funding Estimate (PFE) is $25,000.00 or less including cost-to cure items. A True Cost Estimate shall not be used with this procedure. B. The AGENCY must make the property owner(s) aware that an appraisal has not been completed on the property for offers $10,000 or less. C. The AGENCY must make the property owner(s) aware that an appraisal has not been completed on the property for offers over$10,000 and up to $25,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in the preparation of the waiver. As no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. Procedures A. An Administrative Offer Summary (AOS) is prepared using data from the PFE. B. The AOS is submitted to the Public Works/Utilities Director or County Engineer for approval. C. The Public Works/Utilities Director or County Engineer signs the AOS authorizing a first offer to the property owner(s). APPROVED: AGENCY By: County Engineer Local Programs Right of Way Mason County Public Works Manager LPA-003 10/2014 ADMINISTRATIVE SETTLEMENT POLICY The County of Mason, hereinafter referred to as "AGENCY", desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, hereby specifies the AGENCY'S administrative settlement policy and approving authorities for making administrative settlements. Administrative settlements are occasionally required in addition to just compensation in order to acquire needed right of way through negotiation. These administrative settlements can help eliminate costly condemnation litigation and project construction schedule delays. The Project Parcel Negotiation Diary shall contain the background leading to the need for an administrative settlement and a memo to the file shall be prepared detailing the rationale and justification. The level of authority to offer administrative settlements is as follows: • Acquisition Negotiator-Just compensation plus up to an additional $5000.00. ■ Engineering and Construction Manager-Just compensation plus up to an additional $10,000.00. ■ Public Works/Utilities Director or County Engineer-Just Compensation plus up to an additional $25,000.00. ■ Mason County Board of County Commissioners,Chair-Just Compensation plus any administrative settlement offer in excess of$25,000.00. Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Diane M Sheesley, PE Education BSCE Washington State University 1999 Experience Nearly 20 years of industry experience, which includes: overseeing the securing of necessary property rights for numerous road, bridge, utility and related public infrastructure projects; and ensuring Federal and State compliance with ROW acquisition procedures. ROW No Verification Webinar April 6, 2016 US Department of Transportation FHWA Federal Aid Essentials Video Library January 2019 Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Sarah Grice, PE Education Oregon Institute of Technology, BSCE 2007 Experience Nearly 12 years of industry experience,which includes: overseeing the securing of necessary property rights for numerous road, bridge, utility and related public infrastructure projects; and ensuring Federal and State compliance with ROW acquisition procedures. ROW No Verification Webinar—March 2016 US Department of Transportation FHWA Federal Aid Essentials Video Library—Varies ROW Basic Acquisition Policies—August 2015 Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Loretta Swanson Education Saint Martin's College, BSCE 1984 Experience 20+ years of industry experience, which includes: overseeing the securing of necessary property rights for numerous road, bridge, utility and related public infrastructure projects; and ensuring Federal and State compliance with ROW acquisition procedures. LTAP Training Core curriculum courses including: ROW No Verification Webinar (March 2016), Diary Entries, and Sufficient Property Rights Various Local Agency ROW Meetings US Department of Transportation FHWA Federal Aid Essentials Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Phillip Franklin Education Bachelor of Science, Pacific Lutheran University Certificate, Trend Business College Experience State Certified Appraiser (#0057) for 28 plus years Attended and passed USPAP 1997 and update class in 2007 LTAP Training Diary Entries (on-line) Administrative Settlement (on-line) No ROW Certification (4/18/2017 webinar) FHWA/WSDOT (4/19/17 WSDOT Administrative Settlement) Acquisition Under the Uniform Act (6/12/17 webinar) Local Agency Row Meeting (6/28/17) NEPA & ROW Integration (8/14 &15/ 2017 seminar) IRWA Eminent Domain Mock-Trial (9/28/17 seminar) ROW: Local Agency Row Meeting (5/15/2018 Appraisal of TCE (9/10/2018 seminar) MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services Ext: 286 Date: July 16, 2019 Agenda Item #/Q.r (Commissioner Staff To Complete) Briefing Dates: 1o/16, 11/19, 11/26, 12/10, 12/17/2o18, 1/7, 1/14 and 7/8/2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing July 16, 20ig at 9:15 a.m.to consider adopting a Public Benefit Rating System(PBRS)in place of the current Open Space program. BACKGROUND: The Planning Department has worked on drafting a PBRS over the past couple of years and is now working with the Assessor's Office on a sample audit of properties enrolled in the Open Space Program. The Planning Advisory Commission held several public meetings and public hearings to consider the PBRS.The PAC recommended approval of the Draft PBRS on September 17, 2o18 and again (after re-review)on November 19, 2018(PBRS document dated November 20, 2o18).The BOCC held a public hearing on December 18, 2ol8 with one Commissioner recommending amendments to the PAC version (dated December 18, 2019).The December 18, 2o18 hearing was continued to January 15, 2019. On January 15, 2019 the hearing was continued to July 16, 2019. RECOMMENDED ACTION: To give the Assessor's time to complete their audit,the Board of County Commissioners shall continue the public hearing to October 1, 2019 at 9:15 a.m.to consider whether to adopt a PBRS or stay with the Open Space program after the completion of Assessor's audit. ATTACHMENT(S): Notice of Audit letter Draft PBRS(PAC version 11-20-2o18) Draft PBRS(Drexler version 12-18-2019) 7/10/2019 Patti McLean the 1 mason county assessor Phone(360)427-9670 411 N r St PO Box J Fax(360)427-7792 Shelton WA 98584 Notice of Open Space Land Audit (Chapter 84.34 RCW) July 1, 2019 James F. Bianchi P. O. Box 68 Grapeview, WA 98546 A number of property owners in our county have been selected on a sampling basis for audit. The intent of this audit is to review property currently receiving tax relief from the Open Space Taxation Act and to ensure said property is in compliance with program requirements. Your parcels 12105-51-24001, 12105-51-27001, 121.05-51-28001 are classified as open space land since 2008, as defined by RCW 84.34.20 and WAC 458-30-200. This classification allows for the preservation of land in its present use. Property classified as open space is valued at their current use rather than at their highest and best use. Open space land may be used to maintain, preserve,conserve and otherwise enhance natural scenic resources or enhance the value to the public. In accordance with RCW 84.34.121 and WAC 458-30-267, we are reviewing the land use of property currently classified as open space land. An on-site inspection of your property will also be conducted during the month of August. If you wish to be present during the review of your property, please contact our office to schedule an appointment no later than July 31, 2019 Should you have any questions,please do not hesitate to contact me directly at ext. 498 or by email to pmcleanw..co.mason.wa.us. Thank you very much for your time and 1 look forward to hearing from you. Sincerely, Patti McLean Mason County Assessor You may also contact Chief Deputy Assessor Vickie King at ext, 492 or vkiftjz(&,co.mason.wa.us. I 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. 11-20-2018 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 (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (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. "Shoreline Environments" means those designated lands as defined in the Mason County Shoreline Master Program. CLOS) "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, 11-20-2018 Page 2 6. Regulated wWetlands; 7. Significant fish and wildlife habitat conservation areas; 8. Historic landmarks/archeological sites; 9. Private lands within designated federal lands (Olympic National Park or Olympic National Forest; and 10. Farm and agricultural conservation lands. B. Medium priority open space resources. Six(6) points each: 1. Conservancy shoreline environments; 2. Scenic natural resources, viewpoints, and view corridors; 3. Urban open space; 4. Rural open space. C. Low priority open space resources.Two (2) point each: 1. Restored lands; 2. Other shoreline environments. D. Preperties yVwth at ',east one (1) high prierity open spaGe FesoUFGe, whiGh allews unlimited publiG aGGess, er limited publiG aGGess if due to reseUFGe sensitivity, shall be -auternatiGally eligible GLIrrent use value at ten (10) peFGeRt ef maFket value. D€. 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 11-20-2018 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. Regulated wwetlands means wetlands as defined by MCC 8.52.110 and shall be delineated and categorized by a qualified wetland professional. To be eligible, wetland buffers, including buffer averaging, shall have at least 10 percent greater buffer than required by MCC 8.52.110. Buffers shall be covered with native vegetation. 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 11-20-2018 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. 11-20-2018 Page 5 4. Rural open space means an area of five (5) or more contiguous acres that has a plant community in which native plants are dominant and that is located outside of the urban growth area as identified in the Mason County Future Land Use Map, except that an eligible site may include former open farmland, woodlots, scrublands or other lands that have been replanted with native vegetation. C. Low priority resources. 1. Restored lands means an area of at least one-half acre (21,780 square feet) of previously disturbed land that has been restored with native vegetation. To be eligible, restoration shall be determined as established and thriving native plant community. Disturbed lands include lands 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: Public Benefit Rating Points Current Use Value (0–5 points) 100% of assessed value (6–9 points) 60% of assessed value (10- 19 points) 40% of assessed value 11-20-2018 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 sign 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. 11-20-2018 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. 11-20-2018 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: 11-20-2018 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. 11-20-2018 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. 11-20-2018 Page 11 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. 12-1-1820-2018 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 (iv)enhance the value to the public of abutting or neighboring parks,forests,wildlife preserves, nature reservations or sanctuaries or other open space,or (v)enhance recreation opportunities,or (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. (109) "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, 121828-2018 Page 2 6 Regulated Ln eana.J� — tl _______________ _________—-- Commented[MFl]:Drexler:Strike. 7. Significant fish and wildlife habitat conservation areas; 8. Historic land marks/archeologicaI sites; 9. PFivate lands within des gRated fedeFal lands(G!yFnpae National PaFk OF Olympia Natienal F=GFeSt;kR ____________________________________________--- Commented[MF2]:Drexler:Strike. 10. _____________________________-- Commented[MF3]:Drexler:Move to Medium. B. Medium priority open space resources.Six(6)points each: 1. Conservancy shoreline environments; 2. Scenic natural resources,viewpoints,and view corridors; 3. Urban open space; Commented[MF4]:Drexler:Strike. 5. arm and aoricultural conservation Lands Commented[MF5]:Drexler:Move to Medium. C. Low priority open space resources.Two(2)point each: 1. Restored lands; 2. Other shoreline environments. D. PFepelties with at least GR8(1)high P09Fity epeR spaGe Feseume,whidh allew.mvs unlimited publiG aeGess,er limited publiG aesess if due to resource sensitivity, shall fe GUFFent use value at ten(10)peFeent ef FnaFk8t value- D€. 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. €E. 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 121-1829-2018 Page 3 with widened shoulders or bike lanes are not included in this category. Eligible lands must be 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. Regulated w�Wetlands Fneans wetlands as defined by MGG 8.52.110 and shall delineated and sateQerize neluding buffeF avemging,shall have at least 1!MF�ent gFeateF buffel:than FeqUiFed by MGG -- Commented tMF6]:Drexler:Strike. 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 1241 1829-2018 Page 4 the land are not eligible for other federal or state tax credits.Additionally, land that has been 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. PFiYate lands ands FReans a ffie.:nll y designated aFea6 ndeF priyate the I..nrin na no f VMc nn.li n.in.nnl CIEligibleInn.in .. n{n l..owned n .l L... nln anm'nnVn �' ee. ______________________________________ Commented[MF7]:Drexler:Strike. 40. FBFFR BREI a_W-11-1-1 _011-81 OallieR lands; meeAs aithwi (a) 6and thai war,pFeviabisl�, 4.99 @F 8444 RGW; that has Rot 699R iFFeveeably ___ -- Commented[MF8]:Drexler:Move to Medium. 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. 12-1-18 243-2018 Page 5 A Rugal open spare Fneans an aFea of Lye (5) OF FRGFe eantigueus s that has a ..L..t as. in the Mason County FUtUFe Land Use Map, exrept that an eligible site include-formef-open-fafmland-weedtet�serublands or--other-lands-that-have-been-replanted with native�.�egeta44_________________ _________________-- Commented[MF9]:Drexler:Strike 4A5 Farm and agricultural conservation lands means either: (a)Land that was Dreviouslv classified under"farm and agricultural land" (84 34 020 (2) RCW) that no loncier meets the criteria for that program and is reclassified as open space land under the criteria of the publLc benefit rating system or(b)Land that is traditional farmland that is not classified under chanter 84.33 or 84434 RCW that has not been irrevocably devoted to a use inconsistent with agricultural uses,and that has a high potential for returning to commercial gricultur __ Commented[MF10]:Drexler:Move to Medium. C. Low priority resources. 1. Restored lands means an area of at least 10 cre of__- Commented[MF11]:Drexer:Require a minimum 10 previously disturbed land that has been restored with native vegetation. To be eligible, acres restored. restoration shall be determined as established and thriving native plant community. Disturbed lands include lands 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. 12-1182&2018 Page 6 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: Public Benefit Rating Points Current Use Value (0—5 points) 100%of assessed value (6—9 points) 60%of assessed value (10-19 points) 40%of assessed value (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 sign an Indemnification and Hold Harmless agreement at time of application on forms Provided by the County. 11.18.070-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. 12182&2018 Page 7 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. 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. 12-1 1820-2018 Page 8 Applications for open space classification of land in an incorporated area shall be acted upon by a determining authority composed of a quorum of the three (3) members of the Board of County Commissioners and a quorum of the three{3j seven7 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. 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 a thirty(30)days 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; 121-1820-2018 Page 9 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: 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. 12-1 1829-2018 Page 10 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. 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[31). 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. 12-1-1828-2018 Page 11