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HomeMy WebLinkAbout2020/03/03 - Regular Packet March 3.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 March 3, 2020 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input (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— February 18, 2020 Briefing Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to authorize the County Engineer to sign a Construction and Maintenance Easement agreement, along with any agreed upon amendments or modification to the agreement, between the County and Cheryl and Richard Alexander for the ecology block wall at 16391 North Shore Road. 8.2 Approval to authorize the County Engineer to re-execute a Consultant Agreement with Gibbs &Olson to continue and complete work started under Agreement #17-005 that expired at the end of calendar year 2019 to design the water/wastewater system that will connect the City of Shelton mains in the vicinity of Public Works Drive and SR102. 8.3 Approval of the resolution rescinding Resolution 106-19 establishing an Imprest revolving checking Account for Lake Management District no. 3 for spencer Lake. 8.4 Approval of the resolution authorizing the use of Equipment Rental and Revolving Fund Services by other Mason County Departments and Offices. 8.5 Approval to authorize Frank Pinter, Director of Support Services, to sign Department of commerce's Request for Amendment for the CDBG Microenterprise Loan Program, CDBG Contract No. 18-62210-039. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 03/02/20 4:55 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA March 3,2020—PAGE 2 8.6 Approval to amend Resolution 2020-01, and the Mason County Personnel Policy to update Chapter 13, Vehicle Use Policy to include the use of motor pool vehicles. 8.7 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8070667-8070792 $ 329,935.26 Direct Deposit Fund Warrant#s 66083-66467 $ 724,507.70 Salary Clearing Fund Warrant #s 7005015-7005039 $ 507,435.82 8.8 Approval to enter into a lease agreement with North Mason Resources providing office space to Veteran Service officers for 2020 at $350 per month payable form the Veterans Assistance Fund (#190) as recommended by the Veterans Advisory Board. 8.9 Approval of the Motor Pool Use Procedures for Current Use and Public Health vehicles separate from ER&R. 8.10 Approval of an amended agreement between Mason County and Summit Food Services for jail and juvenile meal services. 8.11 Approval of an Interlocal Agreement for pathology services between Kitsap County and Mason County. 8.12 Approval to set a Public Hearing on Tuesday, April 7, 2020 at 9:15 a.m. to inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG) and receive comments on proposed activities specifically funding the Community Action Council of Lewis, Mason &Thurston Counties, as well as receive comments on the 2019 program. 8.13 Approval of a Memorandum of Agreement (MOA) between the US Army Corps of Engineers and the Washington State Historic Preservation Officer regarding the demolition of the historic Olympia Oyster Company oyster house on Totten Inlet that will benefit the Sargent Oyster House restoration in Allyn. 8.14 Approval of contract QC.2060.2020.1 with Quixote Communities in the amount of$190,000 to support new building for the veteran home village. 8.15 Approval to have the Chair sign the Declaration in Support of Motion to Intervene regarding two recent decisions by the State of Washington, Board of Natural Resources and DNR- Sustainable Harvest Calculation and the Long- Term Conservation Strategy for the Marbled Murrelet. 8.16 Approval to sign a Resolution Amending Resolutions 07-17 & 11-18, authorizing Support Services to pay certain charges from County fund and Department budgets. 8.17 Approval of Amendment#1 to the Homes first Contract for the single-family property at 420 S. 7h street to change use from a veteran's shelter to a "group transitional home for single adults with veteran preference',' and approval of the Memorandum of Understanding(MOU) with Homes First for use of the home to house therapeutic court participants needing housing. 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 the rezone of 8.66 acres in Village commercial (VC) to Multifamily Medium Density Residential (R-2). Staff: Kell Rowen 11. Board's Reports and Calendar J:\AGENDAS\2020\2020-03-03 REG.doc MASON COUNTY COMMISSIONERS' MEETING AGENDA March 3,2020—PAGE 3 12. Adjournment J:\AGENDAS\2020\2020-03-03 REG.doc BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 March 3, 2020 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input (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 — February 18, 2020 Briefing Minutes 8. Approval of Action Agenda: All items listed under the"Action Agenda" may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to authorize the County Engineer to sign a Construction and Maintenance Easement agreement, along with any agreed upon amendments or modification to the agreement, between the County and Cheryl and Richard Alexander for the ecology block wall at 16391 North Shore Road. 8.2 Approval to authorize the County Engineer to re-execute a Consultant Agreement with Gibbs & Olson to continue and complete work started under Agreement #17-005 that expired at the end of calendar year 2019 to design the water/wastewater system that will connect the City of Shelton mains in the vicinity of Public Works Drive and SR102. 8.3 Approval of the resolution rescinding Resolution 106-19 establishing an Imprest revolving checking Account for Lake Management District no. 3 for spencer Lake. 8.4 Approval of the resolution authorizing the use of Equipment Rental and Revolving Fund Services by other Mason County Departments and Offices. 8.5 Approval to authorize Frank Pinter, Director of Support Services, to sign Department of commerce's Request for Amendment for the CDBG Microenterprise Loan Program, CDBG Contract No. 18-62210-039. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 02/27/20 12:36 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA March 3, 2020— PAGE 2 8.6 Approval to amend Resolution 2020-01, and the Mason County Personnel Policy to update Chapter 13, Vehicle Use Policy to include the use of motor pool vehicles. 8.7 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8070667-8070792 $ 329,935.26 Direct Deposit Fund Warrant #s 66083-66467 $ 724,507.70 Salary Clearing Fund Warrant #s 7005015-7005039 $ 507,435.82 8.8 Approval to enter into a lease agreement with North Mason Resources providing office space to Veteran Service officers for 2020 at $350 per month payable form the Veterans Assistance Fund (#190) as recommended by the Veterans Advisory Board. 8.9 Approval of the Motor Pool Use Procedures for Current Use and Public Health vehicles separate from ER&R. 8.10 Approval of an amended agreement between Mason County and Summit Food Services for jail and juvenile meal services. 8.11 Approval of an Interlocal Agreement for pathology services between Kitsap County and Mason County. 8.12 Approval to set a Public Hearing on Tuesday, April 7, 2020 at 9:15 a.m. to inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG) and receive comments on proposed activities specifically funding the Community Action Council of Lewis, Mason &Thurston Counties, as well as receive comments on the 2019 program. 8.13 Approval of a Memorandum of Agreement (MOA) between the US Army Corps of Engineers and the Washington State Historic Preservation Officer regarding the demolition of the historic Olympia Oyster Company oyster house on Totten Inlet that will benefit the Sargent Oyster House restoration in Allyn. 8.14 Approval of contract QC.2060.2020.1 with Quixote Communities in the amount of $190,000 to support new building for the veteran home village. 8.15 Approval to have the Chair sign the Declaration in Support of Motion to Intervene regarding two recent decisions by the State of Washington, Board of Natural Resources and DNR- Sustainable Harvest Calculation and the Long- Term Conservation Strategy for the Marbled Murrelet. 8.16 Approval to sign a Resolution Amending Resolutions 07-17 & 11-18, authorizing Support Services to pay certain charges from County fund and Department budgets. 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 the rezone of 8.66 acres in Village commercial (VC) to Multifamily Medium Density Residential (R-2). Staff: Kell Rowen 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2020\2020-03-03 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 3, 2020 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in a Liquor License for the Union Chevron and The Ridge Motorsports Park. 4.1.2 Washington State Liquor and Cannabis Board sent in a change in limited liability members on the behalf of Evergreen Gropro. Attachments: Originals on file with the Clerk of the Board. Cc CMMRS Neatherlin, Shutty, Trask &L erk', D,UJind&L4 +pla4Jee Washington State Licensing and Regulation g PO Box 43098 a _r. Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360)664-1600. Fax—(360) 753-2710 February 19, 2020 Gm VE TKBAN, INC. 6537 TURNBERRY LN SE FEB 19 2029 OLYMPIA, WA 98501-9102 Mclson County COt?iMissiOnerS Re: UNION CHEVRON 1031 E MCREAVY RD UNION, WA 98592-9604 LICENSE #078250 - 2N U B 1 602-631-086-001-0004 Your liquor license has been approved for the following: GROCERY STORE - BEER/WINE This license is valid through February 28, 2021. Effective January 1, 2020, the Washington State Liquor and Cannabis Board (WSLCB) will no longer prorate license fees for the original issuance of a liquor license. Engrossed Substitute House Bill 1557 requires WSLCB to set the expiration date of the license to the last day of the calendar month that is twelve months from the calendar month in which final approval of the license is granted. For example if you were approved for your license on March 15, 2020, you will pay the full amount of the license fee and your license will be good until March 31, 2021. Upon renewal, the expiration date of the license may subsequently be prorated as necessary in accordance with chapter 19.02 RCW (Business Licensing). For questions regarding the issuance of your liquor license, please contact our. customer service unit at (360) 664-1600. For questions regarding the renewal process, please contact Business Licensing at (360) 705-6741. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with liquor endorsements in 15 days, contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. License Conditions and/or Requirements • You must maintain a minimum three thousand dollar wholesale inventory of food . products for human consumption, not including pop, beer, strong beer, or wine. GS B/R/Letter Decisions 9/3/14 Page 2 License No.-078250 • You may sell wine and/or beer, at retail, in original containers. • Changes in ownership require prior Board approval. If you wish to make such changes, please contact the Liquor and Cannabis Board at: 360-664-1600 for assistance. Your liquor license can now be renewed online through Department of Revenue's Business Licensing Service. Information on how to do this will be included on your renewal notice. When applicable, you are obligated to meet all other requirements of state, county, and city laws and ordinances (such as sanitation, zoning, fire, safety and building codes, etc.). Tyrone Jordan-Oliver/shg Liquor Licensing Specialist 360-664-1699 cc: Southwest Enforcement Office Mason County Commissioners File Cc:CMMRS Neatherlin, Shutty, Trask Q-1 e*k 1),I,l t nCAO .4 mwe, ffl Washington State �vl =Jt°�tJ Liquor and Cannabis Board NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION DATE: 2/25/20 U BI:603-171-124-001-0001 License: 429176 -2N County:23 APPLICANTS: Tradename:THE RIDGE MOTORSPORTS PARK PERFORMANCE MOTORSPORTS MANAGEMENT INC. Loc Addr: 1060 W EELLS HILL RD GILL, GEORGE SHELTON WA 98584-6381 1973-05-02 MANKE,JOEL Mail Addr: PO BOX 2467 1958-11-30 SHELTON WA 98584-5073 Phone No.: 360-427-7223 VIRGINA WILFORD ECC E VE D Privileges Applied For: FEBCATERING SPIRITS BEER WINE B 2 J 26120 Mason Cmirlij/ COn' mis-sic' ers As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360) 664-1724. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El ❑ (See WAC 314-09-010 for information about this process) 4.If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask CCler L—, ,p.LO(rtd M Ar ffa,Sec Y_ e0weR Washington State Licensing and Regulation a gt PO Box 43098 ?� Liquor uor and Cannabis Board Olympia WA 98504-3098 Phone—(360)664-1600 Fax—(360)753-2710 February 25, 2020 EVERGREEN GROPRO LLC 1910 4TH AVE E PMB 32 OLYMPIA, WA 98506-4632 RE" E D Re: EVERGREEN GROPRO �� 2 � �� 50 W WESTFIELD CT UNIT C SHELTON,WA 98584 Mason County LICENSE#416412- 7B Commissioners UBI603-354-925-001-0001 Your application for change in limited liability members has been approved. This approval is for: Individual/Entity Position Units Francis B. Fauls Mbr/Mgr 100 Linda M. Fauls Spouse Total 100 *As of April 1, 2018-The WSDA will regulate the processing of all Cannabis-Infused Edibles through an endorsement program. To get more information about the endorsement please call the WSDA at(360) 902-1876 or visit the WSDA's Cannabis Infused Edible website. ZUUYr M &�BAM Marijuana Licensing Specialist 360-664-1745 cc: Enforcement Office Mason County Commissioners Business License Service File Decisions PO BOX 43098,Olympia,WA 98604-3098—(360)664-1600 Option 1 BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA February 18,2020 10:00 A.M. Closed Session RCW 42.20.149(4)Labor Discussion Commissioners Trask,Neatherlin and Shutty met in Closed Session with Frank Pinter from 10:05 a.m.to 10:40 a.m.for a labor discussion. Meeting adjourned at 10:40 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 3, 2020 Agenda Item # BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Construction and Maintenance Easement Agreement BACKGROUND: Currently, there is a rock wall supporting the North Shore Road and protecting Cheryl and Robert Alexander's property, located at the NE property corner W to the driveway gate at 16391 North Shore Road- (Parcel No. 32220-50-02007) that needs replaced before negatively affecting the Alexander's property and the North Shore Road. With no permitting records of who constructed the rock wall, which sits partially on the Anderson's property and the county road easement, Public Works and Alexander's have agreed that replacement of the wall would be a mutual benefit to both parties. BUDGET IMPACT: The estimated cost to build a new ecology block wall is $36,660.25. The Alexander's have agreed to pay one-third of the cost ($12,100 or no more than $14,000) and grant the County right of entry onto their property for removal and replacement of the current rock wall and for future maintenance of the new ecology block wall. RECOMMENDED ACTION: Recommend the Board of County Commissioners authorize the County Engineer to sign the Construction and Maintenance Easement agreement, along with any agreed upon amendments or modification to the agreement, between the County and Cheryl and Richard Alexander for the ecology block wall at 16391 North Shore Road that is located on the county road easement and the Alexander's property. After recording return document to: Mason County Public Works Department 100 W Public Works Drive Shelton,WA 98584 Document Title: CONSTRUCTION&MAINTENANCE EASEMENT AGREEMENT Grantor(s): CHERYL AND RICHARD ALEXANDER Grantee: MASON COUNTY Abbreviated Legal Description: Great Bend Waterfront Trs Blk: 2 PCL 4 of BLA#12-03 REV 1PTN of W V2 Lot 6,Lots 7, 8&9& 1/6 Ownership in Pier, S 38/207, S 39-206-208 Assessor's Property Tax Parcel Number: 32220-50-02007 CONSTRUCTION&MAINTENANCE EASEMENT AGREEMENT This agreement is made and entered into by and between Mason County,hereafter referred to as the "COUNTY"and Richard&Cheryle Alexander 16391 NE North Shore Road,Tahuya WA 98588, hereafter referred to as"ALEXANDERS,"together referred to as the"PARTIES"and individually as the "PARTY." WHEREAS,a rock wall supporting the North Shore Road and protecting the ALEXANDER'S property is failing,and WHEREAS,the rock wall is located on both the county road easement and the ALEXANDER'S property,and WHEREAS,the undersigned PARTIES recognize the overall benefit of jointly participating in the replacement of the failing rock wall,and WHEREAS,there is no record of permits for the wall construction or knowledge of who constructed the rock wall, and NOW THEREFORE,in consideration of the mutual benefits and covenants herein the PARTIES agree the following will jointly participate in replacing the failing wall with an ecology block wall,which is estimated to cost$36,660.25. 1. PROJECT LOCATION Address: 16391 North Shore Rd Tahuya, WA 98588 Parcel No.: 32220-50-02007 Location: From NE property corner W to the driveway gate 2. MUTUALLY AGREED 2.1 ALEXANDERS agree to: 1. Grant the COUNTY a right of entry onto their property for the removal and replacement of the failing rock wall and for maintenance of the new ecology block wall. 2. Move their storage shed away from the construction area,or if not,hold Mason County harmless if the shed is damaged during construction of new wall. 3. Pay one third(estimated to be$12,100)of the actual cost to Mason County PW for building the new ecology block wall,but no more than$14,000. 2.2 COUNTY agrees to: 1. Remove the identified failing rock wall,and replace it with a new ecology block wall built within the same general footprint/alignment. 2. Complete the project no later than June 1,2020,weather and workload permitting of the COUNTY. 3. Provide at least two-weeks' notice to the ALEXANDERS prior to starting project. 4. To start its maintain the new wall within the Right of Way and the ALEXANDERS property upon physical completion. 3. RIGHT OF ENTRY The ALEXANDER'S hereby grant the COUNTY a right of entry upon said premises at any time with all necessary crews,materials,and appliances for the purposes of constructing, inspecting, replacing,repairing and maintaining and further providing that the ALEXANDERS,their heirs, successors or assigns shall not erect,place,or construct any permanent structure(s)within the easement area. Permanent structure shall mean any concrete foundation,concrete slab,wall,rockery,building, deck,overhanging structures,fill material,recreational sport courts,carports,portable sheds,private utilities,fences,or other site improvement that will unreasonably interfere with the need to access or construct the ecology block wall in said easement area. Permanent structures shall not mean improvements such as normal landscaping,asphalt paving, gravel,or other similar site improvements that do not prevent the access of men,materials,and machinery across,along,and within the said easement area. Any land restoration by the COUNTY within the said easement area due to the construction, inspection,replacement,repair,or maintenance of ecology block wall will be strictly limited to grass seed,grass sod,and/or asphalt replacement,unless otherwise determined by the County Engineer. 4. HOLD HARMLESS Mason County, its successors or assigns,will protect, save and hold harmless the Owner,his or her authorized agents and employees,against all claims,actions,costs,damages or expenses of any nature whatsoever,arising by reason of the negligent acts or omissions of the County, its assigns,agents, contractors, licensees, invitees or employees arising out of or in connection with acts or activities authorized by this Right of Entry. The County further agrees to defend the Owner,his or her agents or employees in litigation arising out of the negligent acts or omissions of the County in connection with acts or activities authorized by this Right of Entry.This obligation shall not include such claims,costs, damages or expenses, including payment of any costs or attorney's fees resulting from any claim or action commenced,which may be caused by the negligence of the Owner or his or her authorized agents or employees;Provided,that if the claims or damages are caused by or result from the concurrent negligence of the Owner,his or her agents or employees and the County,its agents or employees,and involves those actions covered by RCW 4.24.115,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the County or the County's agents or employees. ALEXANDERS initials acknowledging indemnity terms: The COUNTY reserves the right,but not the obligation,to participate in the defense of any claim,damages, losses or expenses and such participation shall not constitute a waiver of ALEXANDER'S indemnity obligations under this Agreement. The ALEXANDERS agree all ALEXANDERS' indemnity obligations shall survive the completion, expiration or termination of this Agreement. 5. VENUE In the event that either PARTY deems it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement,the PARTIES hereto agree that any such action or proceedings shall be brought in the superior court situated in MASON County, Washington. Further, the PARTIES agree that each will be solely responsible for payment of its own attorney's fees,witness fees,and costs. 6. AGREEMENT REPRESENTATIVES The COUNTY and the PORT have designated the following Representatives for all communications under this Agreement. COUNTY: Mason County Public Works Road Operations&Maintenance Manager 100 W.Public Works Drive Shelton,WA 98584 (360)427-9670 ext.450 ALEXANDERS: Cheryl and Richard Alexander 10543 E 37''Place Yuma,AZ 85365-6882 (360)271-1711 7. MODIFICATION This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 8. TERMINATION 8.1 The COUNTY may terminate this Agreement after providing the ALEXANDERS with a sixty (60)calendar days written notice of termination.The ALEXANDERS may terminate this Agreement only with written concurrence from the COUNTY. 8.2 In the event the COUNTY elects to alter or remove the ecology block wall, the COUNTY to be responsible of all costs of the work performed by the COUNTY. IN WITNESS WHEREOF,the PARTIES hereto have executed the Agreement as of the PARTY'S date signed below. Accepted by Grantee Mason County this day of ,2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON APPROVE AS TO FORM: Sharon Trask,Chair Tim Whitehead,Ch.DPA STATE OF WASHINGTON ) ) ss COUNTY OF MASON ) I certify that I know or have satisfactory evidence that Sharon Trask is the person who appeared before me and said person acknowledged the she signed this instrument,on oath stated the she was authorized to execute the instrument and acknowledged it as the Chair of Mason County Board of County Commissioners,to be the free and voluntary act of such party for the uses and purposes therein mentioned in said instrument. Given under my hand and seal this day of ,2020. NOTARY PUBLIC in and for the State of Washington,residing at My commission expires: Accepted by Grantor Cheryl and Richard Alexander this day of 92020. By: By: Cheryl Alexander Richard Alexander STATE OF WASHINGTON ) ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that Cheryl and Richard Alexander are the persons who appeared before me,and said persons acknowledged that she/he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the property owners be her/his free and voluntary act of such party for the uses and purposes mentioned in said instrument. Given under my hand and seal this day of 92020. NOTARY PUBLIC in and for the State of Washington,residing at My commission expires: MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 3, 2020 Agenda Item # g BRIEFING DATE: February 24, 2020 and October 13, 2009 BRIEFING PRESENTED BY: Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Public Works Facility — Water/Wastewater System Design Contract BACKGROUND: A consultant agreement with Gibbs & Olson was executed on February 27, 2017 to design the water, reclaimed water and wastewater systems from the Public Work's facility to connect to the City of Shelton mains in the vicinity of Public Works Drive and SR102. The project was managed by the former Public Works Engineering &Construction Managers and the contract expired before the position was filled by the current manager. Scope of work was completed up to ninety percent of the design drawings before the contract expired on December 31, 2019. To complete the project, Public Works is requesting the Board allow the County Engineer to re-enter into an agreement with Gibbs &Olson that retracts only the completed tasks from the original contract. BUDGET IMPACT: The agreement executed on February 27, 2017 had a maximum payable amount of $90,000. Currently, $31,298.26 remains unused and will be the maximum payable amount for the re-executed agreement. RECOMMENDED ACTION: Recommend the Board authorize the County Engineer to re-execute a Consultant Agreement with Gibbs &Olson to continue and complete the work started under Agreement 17-005 that expired at the end of 2019 calendar year to design the water/wastewater system that will connect to the City of Shelton mains in the vicinity of Public Works Drive and SR102. ATTACHMENTS: 0 Agreement Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Agreement Number: 2020-01 Firm/Organization Legal Name(do not use dba's): Gibbs & Olson Address Federal Aid Number 1157 3rd Ave, Ste 219, Longview, WA 98632 UBI Number Federal TIN or SSN Number 600 113 860 91-0727389 Execution Date Completion Date 12/31/2021 1099 Form Required Federal Participation ❑ Yes ❑� No ❑ Yes Q No Project Title Public Works Facility- Water/Wastewater System Design Description of Work This work includes the design of the water,reclaimed water, and wastewater systems from the existing facility to connect to the City of Shelton mains in the vicinity of Public Works Drive and SR102. ❑ Yes Q No DBE Participation Maximum Amount Payable: $90,000 ❑ Yes 0 No MBE Participation ❑ Yes ❑� No WBE Participation ❑ Yes ❑� No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit 11 Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 1 of 14 Revised 4/10/2015 THIS AGREEMENT,made and entered into as shown in the"Execution Date"box on page one(1)of this AGREEMENT,between the Mason County Public Works , hereinafter called the"AGENCY,"and the"Firm/Organization Name"referenced on page one(1)of this AGREEMENT,hereinafter called the"CONSULTANT." WHEREAS,the AGENCY desires to accomplish the work referenced in"Description of Work"on page one(1) of this AGREEMENT and hereafter called the"SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES;and WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable,and has signified a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE, in consideration of the terms,conditions,covenants,and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined,and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. Ill. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress, and presentation meetings with the AGENCY and/or such State,Federal,Community, City,or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal, State, and local laws, rules,codes,regulations,and all AGENCY policies and directives,applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14 Revised 411012015 Participation for Disadvantaged Business Enterprises(DBE)or Small Business Enterprises(SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE funis are utilized at the commencement of this AGREEMENT,the amounts authorized to each firm and their certification number will be shown on Exhibit`B"attached hereto and by this-reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY's"DBE Program Participation Plan"and perform a minimum of 30%of the total amount of this AGREEMENT. It is recommended,but not required,that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. The CONSULTANT,on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs,drawings,specifications,documents, and other work products, including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are,instruments of service for these SERVICES,and are the property of the AGENCY. Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by(i)certified mail,return receipt requested,or(ii)by email or facsimile,to the address set forth below: If to AGENCY. If to CONSULTANT: Name: Dave Smith Name: Mike Marshall Agency: Mason County Public Works Agency: Gibbs&Olson Address: 100 W Public Works Dr Address: 2604 12th Court SW, Ste A City: Shelton State: WA Zip: 98584 City: Olympia State: WA Zip: 98502 Email: dnsmith@co.mason.wa.us Email: mmarshall@gbbs-olson.com Phone: (360)427-9670 x450 Phone: (360)352-1120 x18 Facsimile: (360)427-7783 Facsimile: (360)352-1102 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled"Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD,governmental actions,or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 Revised 411012015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements-Direct(Raw)Labor, Indirect Cost Rate, and Fixed Fee(Profit). The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in Exhibits"D"and"E"attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into, and become a part of,this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgement, to 180 days following the CONSULTANT's fiscal year end(FYE)date. The direct(raw) labor rates and classifications,as shown on Exhibits"D"and"E"shall be subject to renegotiations for each subsequent twelve(12)month period(180 days following FYE date to 180 days following FYE date)upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety(90)days following the CONSULTANT's FYE date. If no such written request is made, the current direct(raw) labor rates and classifications as shown on Exhibits"D"and"E", will remain in effect for the twelve(12)month period. Conversely, if a timely request is made in the manner set forth above,the parties will commence negotiations to determine the new direct(raw)labor rates and classifications that will be applicable for the twelve(12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgement between the parties. Such final written acknowledgement shall be incorporated into,and become a part of,this AGREEMENT. If requested,the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct(raw) labor rates and classifications,the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct(raw)labor rates and classifications that will be applicable for the twelve(12)month period. The fixed fee as identified in Exhibits"D"and"E"shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve(12)month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve(12)month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted,will be memorialized in a final written acknowledgement. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct(raw) labor,indirect cost rate, and fixed fee(profit)percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fixed fee. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 Revised 411012015 B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include,but are not limited to,the following items:travel,printing, long distance telephone, supplies,computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available,unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82,Chapter 10—Travel Rules and Procedures, and all revisions thereto. Air,train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations(CFR) Part 31.20546"Travel Costs."The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. C. Maximum Amount Payable:The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. D. Monthly Progress Payments:Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates established in Exhibit"D," including names and classifications of all employees,and billings for all direct non- salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,electronic data,and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's"Audit Guide for Consultants,"Chapter 23 "Resolution Procedures,"the CONSULTANT has twenty(20)working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings. F. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States,for a period of six(6)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit,if any,will be performed by the State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. Agreement Number: 2020-01 Local Agency ABE Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 Revised 411012015 VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create,between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate,direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT,and the CONSULTANT shall require each sub-consultant or subcontractor,of any tier,to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race,color,national origin,or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to cant'out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract, and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee,commission,percentage,brokerage fee,gift, or any other consideration,contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion,to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full-or part-time basis,or other basis,during the period of this AGREEMENT,any professional or technical personnel who are,or have been,at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees,without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 Revised 4/10/2015 VIII. Nondiscrimination During the performance of this AGREEMENT,the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V§ 2000d (Public Law 100-259) through 2000d4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V §794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"F"in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY,other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten(10)days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two(2)of this section,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth in paragraph two(2)of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 Revised 411012015 The CONSULTANT shall,within 15 days,notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs,final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII"Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit'J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT,any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules,codes,regulations and all AGENCY policies and directives,applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify,and hold the State of Washington(STATE)and the AGENCY and their officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the negligence of,or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents,employees, sub consultants, subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable;provided that nothing herein shall require a CONSULTANT Agreement Number. 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 Revised 411012015 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims,demands or suits based solely upon the negligence of or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their agents,officers,employees, sub-consultants,subcontractors or vendors,of any tier,or any other persons for whom the STATE and/or the AGENCY may be legally liable;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT is legally liable,and(b)the STATE and/or AGENCY,their agents,officers,employees, sub-consultants, subcontractors and or vendors,of any tier,or any other persons for whom the STATE and/or AGENCY may be legally liable,the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor,of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information,know-how,copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier,or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods,processes,designs, information or other items furnished or communicated to STATE and/or the AGENCY,their agents, officers and employees pursuant to the AGREEMENT, provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions resulting from STATE and/or AGENCY'S,their agents',officers'and employees'failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY,their agents,officers and employees by the CONSULTANT, its agents, employees,sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole discretion,by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW;or any similar statute involving the CONSULTANT in the procurement of,or performance under,this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. This waiver has been mutually negotiated by the Parties. Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any,on the project. Subject to the processing of a new sole source,or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT,or as otherwise required,the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14 Revised 411012015 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Foran CG 00 01 12 04 or its equivalent with minimum limits of one million dollars($1,000,000.00)per occurrence and two million dollars($2,000,000.00)in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any"Auto"(Symbol 1)used in an amount not less than a one million dollar($1,000,000.00)combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance,the STATE and AGENCY,their officers,employees,and agents will be named on all policies.of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured(the"AIs"),with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to: Name: Dave Smith Agency: Mason County Public Works Address: 100 W Public Works Dr City: Shelton State: WA Zip: 98584 Email: dnsmith@co.mason.wa.us Phone: (360)427-9670 x450 Facsimile: (360)427-7783 No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX"Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars($1,000,000.00),whichever is greater,unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties,and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive;and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 Revised 411012015 XIII. Extra Work A. The AGENCY may at any time,by written order,make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the SERVICES under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as"CLAIM," under this clause within thirty(30)days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI"Disputes"clause. However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs(A.)and(B.)above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit "G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions,Exhibit"G-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G4"Certificate of Current Cost or Pricing Data. Exhibit"G-3"is required only in AGREEMENT's over one hundred thousand dollars($100,000.00) and Exhibit"G4"is required only in AGREEMENT's over five hundred thousand dollars($500,000.00.)These Exhibits must be executed by the CONSULTANT,and submitted with the master AGREEMENT,and returned to the AGENCY at the address listed in section III"General Requirements"prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein. No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14 Revised 411012015 XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,warranties,covenants, and AGREEMENT's contained in the proposal,and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes("State's Confidential Information"). The"State's Confidential Information"includes,but is not limited to,names,addresses, Social Security numbers,e-mail addresses,telephone numbers,financial profiles, credit card information, driver's license numbers,medical data, law enforcement records(or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data,non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, STATE and AGENCY security data,or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,and not to release,divulge,publish,transfer, sell, disclose,or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic,and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's option: (i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information;or(ii)returned all of the State's Confidential Information to the AGENCY;or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03,the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s)for which the State's Confidential Information was received;who received,maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection,review,or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor,audit,or investigate the use of the State's Confidential Information collected,used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring,auditing,or investigating may include,but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information,monetary damages,or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as"Confidential"and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 Revised 411012015 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a)at the commencement of the term of this AGREEMENT;or(b)as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information"is not meant to include any information which,at the time of its disclosure: (i)is already known to the other party;(ii)is rightfully disclosed to one of the parties by a third parry that is not acting as an agent or representative for the other party; (iii)is independently developed by or for the other party;(iv)is publicly known;or(v)is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt,unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities,or costs associated with the AGENCY's said disclosure of sub-consultants'information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years from the date of final payment to the CONSULTANT,the CONSULTANT shall keep,retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation,claim or audit is commenced,the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents"shall be retained until all litigation,claims or audit findings have been resolved even though such litigation,claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT,"documents"means every writing or record of every type and description, including electronically stored information("ESI"),that is in the possession,control,or custody of the CONSULTANT, including,without limitation,any and all correspondences,contracts,AGREEMENTS,appraisals, plans,designs,data, surveys,maps, spreadsheets,memoranda,stenographic or handwritten notes,reports,records, telegrams, schedules,diaries,notebooks,logbooks,invoices,accounting records,work sheets,charts,notes,drafts, scribblings,recordings,visual displays,photographs,minutes of meetings,tabulations,computations, summaries, inventories,and writings regarding conferences,conversations or telephone conversations, and any and all other taped,recorded,written,printed or typed matters of any kind or description;every copy of the foregoing whether or not the original is in the possession,custody,or control of the CONSULTANT,and every copy of any of the foregoing,whether or not such copy is a copy identical to an original,or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number. 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14 Revised 411012015 For purposes of this AGREEMENT, "ESI"means any and all computer data or electronic recorded media of any kind, including"Native Files",that are stored in any medium from which it can be retrieved and examined,either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as:Email, Outlook, Word,Excel,Access,Publisher,PowerPoint,Adobe Acrobat, SQL databases,or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers,backup tapes, smart phones,thumb drives,CDs,DVDs,floppy disks,work computers,cell phones,laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files"are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created,viewed,and/or modified. The CONSULTANT shall include this section XX"Records Maintenance"in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terns,unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof,the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. February 25,2020 Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 2020-01 Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 14 of 14 Revised 411012015 Exhibit A Scope of Work Project No. 667-2 See attached Exhibit A. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 1013012014 EXHIBIT A SCOPE OF WORK MASON COUNTY PUBLIC WORKS FACILITY UTILITIES PROJECT PROJECT DESCRIPTION Mason County Public Works(County or Client)has identified the need to make several utility improvements to their public works facility which include switching part of the building to City of Shelton potable water, constructing a new'/Z mile reclaimed water line from Highway 102 to the facility and constructing%mile of sewer main to connect to the City of Shelton sewer main in Highway 102.The existing septic system will be abandoned per County requirements. ASSUMPTIONS The Engineer has utilized the following assumptions in preparing this Scope of Work and the associated Budget. In the event that any ultimate facts or events differ from these assumptions,the Engineer's Scope of Work, Schedule and Budget shall be adjusted accordingly. A. Department of Health approval of the design plans and specifications is not required for the water switch over. B. Department of Health approval of the design plans and specifications for the new reclaimed water line is required. C. Department of Ecology approval of the design plans and specifications is not required. D. Geotechnical work is not included. E. The County will secure all easements required on private property. F. The County will perform any required surveying and will provide an AutoCAD 2015 drawing file with survey points and surface to the Engineer. G. City of Shelton design standards will be used. H. Two separate plan and technical specification documents will be prepared for bidding purposes. The first will be the water switch over which will be bid in 2017. The second will be the reclaimed water and sewer lines which will be bid in 2018. I. The Engineer shall prepare technical specifications in WSDOT format. The County will prepare the rest of the bid package. J. No pump station design is included. DESIGN PHASE ENGINEERING SERVICES Pre-Design Phase-Basic Engineering During the Pre-Design Phase,the Engineer shall: a) Prepare evaluation of conveying sanitary sewer from the County's facility to the City's system by gravity versus with a small grinder pump station and forcemain. b) Review all as-constructed drawings. 1 of 5 Design Phase During the Design Phase,the Engineer shall: a) Prepare final drawings to show the general scope,extent and character of the work to be furnished and performed by Contractor(s)hereinafter called Drawings and Technical Specifications which will be prepared in conformance with WSDOT and APWA Standard Specification format. For the water switchover phase of the project,it is anticipated that the construction requirements for the project can be shown on approximately 6 drawing sheets(measuring 22"x 34")and will include one cover sheet,one index,notes and legend sheet,three plan view sheets and one detail sheet.Design will include developing a water switch over plan to be followed during construction.A new RPBA with enclosure for the existing well and power for the existing RPBA's enclosure will be incorporated into the design. Specifications for the electrical work will be performance based and identify the requirements and field locations of electrical work to be performed with the Contractor being responsible for electrical design.Other technical specifications will be based on WSDOT Standard Specifications. For the reclaimed water and sanitary sewer phase of the project,it is anticipated that construction requirements for the project can be shown on approximately 12 drawing sheets (measuring 22"x 34")including one cover sheet,one index,notes and legend sheet,six(6) plan view sheets and four detail sheets.The technical specifications will be comprised of approximately 75 pages(8-1/2"x 11"). b) Provide technical criteria,written descriptions and data for Client's use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project,and assist Client in consultations with appropriate authorities. c) Advise Client of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope,extent or character or design requirements of the Project or Construction Costs. Furnish to Client a revised opinion of probable Total Project Costs based on the Drawings and Specifications. d) Provide Project Administration and Meetings consisting of the following: 1. Prepare monthly narrative progress reports and submit to the Client. 2. Prepare a draft project schedule using Excel and review schedule with the Client,adjust as necessary and prepare a final schedule. 3. Update the schedule as the project proceeds and provide copies of the schedule to the Client together with the monthly payment requests. 4. Participate with Client in up to six meetings,two for the water switch over and four for the reclaimed water and sewer work. e) Design Phase Deliverables include the following: 2of5 Monthly progress reports Monthly schedule updates Meeting agendas for up to 6 meetings Meeting notes from monthly project meetings 50%complete Drawings and Specifications in .pdf format Draft(90%complete)Drawings and Specifications in.pdf format PDF of Bid Ready(100%complete)Drawings and technical specifications BID PHASE ENGINEERING SERVICES Work under this task includes Bidding Phase Engineering Services for the two utility projects as follows: a) Engineer will make arrangements to provide the drawings and technical specifications for bidding to the Client. b) Receive contract questions from plan holders and prospective bidders and prepare appropriate answers. c) Issue addenda as appropriate to interpret,clarify, amend, or expand the Bidding Documents. Bidding and Award Phase Deliverables include: One.pdf electronic set of bidding documents for construction of the water switch over project for the Client's use. One.pdf electronic set of bidding documents for construction of the reclaimed water and sanitary sewer system improvements for the Client's use. Addenda that have been issued for both bid sets. CONSTRUCTION MANAGEMENT PHASE ENGINEERING SERVICES Work under this task includes Construction Phase Engineering for the project as follows: a) Client shall contract directly with a licensed or certified subconsultant for soils compaction and asphalt testing and shall coordinate with subconsultant to provide soils compaction and asphalt as appropriate. Engineer has NOT included these services as part of this scope of work or budget. b) Visits to Site and Observation of Construction.In connection with observations of the work of the Contractor(s)while it is in progress: 1) Engineer shall make one(1) site visit for the water switch over construction and two(2) site visits for the reclaimed water and sewer at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s)'work. The County shall provide the Resident Project Representative at the site to assist the Engineer and to provide more continuous observation of such work. Based on information obtained during such visits and on such observations,Engineer 3 of 5 shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and Engineer shall keep the Client informed of the progress of the work. 2) The purpose of Engineer's visits to the site will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase,and,in addition,by exercise of Engineer's efforts as an experienced and qualified design professional,to provide for the Client a greater degree of confidence that the completed work of Contractor(s)will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s).On the other hand, Engineer shall not,during such visits or as a result of such observations of Contractor(s)' work in progress, supervise,direct or have control over or responsibility for the means, methods,techniques, sequences,or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of the Contractor(s)or for any failure of Contractor(s)to comply with laws,rules,regulations,ordinances,codes,or orders applicable to Contractor(s) furnishing and performing their work.Accordingly, Engineer can neither guarantee the performance of the construction contracts by Contractor(s)nor assume responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. c) Defective Work.During such visits and on the basis of such observations,Engineer may disapprove of or reject Contractor(s)'work while it is in progress if Engineer believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. Should this be the case,Engineer will notify the Client immediately. d) Interpretations and Clarifications.Engineer shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required. e) Shop Drawings.Engineer shall review and take appropriate action in respect of Shop Drawings,samples and other data,which Contractor(s)are required to submit for compliance with the Contract Documents. Such reviews and approvals or other action shall not extend to means,methods,techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. f) Disputes between Client and Contractor. Engineer shall act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on all claims of the Client and Contractor(s)relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. Engineer shall not be liable for the result of any such interpretations or decisions rendered in good faith and made in conformance with the Standard of Practice identified in Exhibit C,Item B. g) Inspections.Engineer shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that the 4of5 Engineer may assist the Client in preparing a final punch list. h) Prepare a set of reproducible record prints of Drawings showing those changes made during the construction process,based on the marked-up prints,drawings and other data furnished by Contractor(s)to Engineer and which Engineer considers significant. i) Limitations of Responsibility.Engineer shall not be responsible for the acts or omissions of any Contractor,or of any subcontractor or supplier,or any of the Contractor(s)'or subcontractor's or supplier's agents or employees or any other persons(except Engineer's own employees and agents)at the site or otherwise furnishing or performing any of the Contractor(s)'work;however,nothing contained in paragraphs"a"through"g"above, shall be construed to release Engineer from liability for failure to properly perform duties and responsibilities assumed by Engineer in the Contract Documents. SCHEDULE: Submit 50%design drawings and technical specifications for the water switch over for Client review within 8 weeks of Notice to Proceed. Submit 90%design drawings and technical specifications for Client review within 4 weeks of Engineer receiving Client 50%review comments. Submit 100%design drawings and technical specifications to Client within 2 weeks of Engineer receiving Client 90%review comments. Design drawings and technical specifications for reclaimed water line and sewer lines are anticipated to be completed by December 31,2017. 5 of 5 Exhibit B DBE Participation None Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 1013012014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design& Plans Preparation Section A. Survey Data The survey data transmitted shall include the original points along with the TIN that was generated from the points with contours,right of way and all topographic features. It shall be in AutoCAD files compatible with Civil 3D 2015 B. Roadway Design Files All design deliverables will be generated in a design program compatible to Civil 3D 2015. They will be designed to current code specified by the County. C. Computer Aided Drafting Files All drawings shall be in AutoCAD files compatible with Civil 3D 2015 with the title block provided by the County. Upon completion of the project all drawing electronic files shall be transmitted to the County. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant If the County determines that a deliverable does not meet the County acceptance criteria the County shall notify the consultant in writing and describe in reasonable detail the basis of the rejection.Upon receipt of the rejection notice the consultant will modify or improve the deliverable,at the consultants expense,so that the deliverable meets the County's acceptance criteria. E. Specify the Electronic Deliverables to Be Provided to the Agency All files,reports,plans,and specifications produced from this contract will be delivered to Mason County Public Works in an electronic format compatible with the County's software.Hard copies will also be delivered to the County upon request.Additional documentation may be requested by the County and the consultant will provide said documentation electronically as well as hard copies if requested.on completion of services or termination of this agreement,all drawings,map originals, survey notes,field books, calculations,reports and all data used will become the property of the county. F. Specify What Agency Furnished Services and Information Is to Be Provided The County will provide the Consultant with any information needed by the consultant for rendering the services required under this contract.Information rendered by sources other than the County,may be used by the consultant,but the County assumes no liability for it's accuracy or completeness. Agreement Number. 2020-01 WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/3012014 II. Any Other Electronic Files to Be Provided See section E of this exhibit III.Methods to Electronically Exchange Data All electronic exchange of data will be delivered to the County by email,or removable storage devices at the County's request.On completion of services or termination of this agreement,all drawings,map originals, survey notes,field books,calculations,reports and all data used will become property of the County. WSDOT Form 140-089 EF Exhibit C Page 3 of Revised 10130/2014 A. Agency Software Suite AutCAD Civil 3D 2015,MS Office,Adobe PDF B. Electronic Messaging System C. File Transfers Format Files delivered to the County will be in a format specified by the County that is compatible with the County's software WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations See attached Exhibit B. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 Exhibit B-Budget Mason County-Public Works Facility Utilities Project Date Prepared: January 26,2017 Gibbs&Olson,Inc. Task Proj. Engineer Engineer CAD Word No. Task Description Mgr. V T Processor Cost Water Switch Over Documents 1 Gather and review background Information/data 2 2 4 0 0 $1,018 2 Prepare 50%Drawings and Specifications 8 4 16 16 4 $5,336 3 Prepare 90%Drawings and Specifications 2 2 4 2 $1,908 8 560 1,908 4 Prepare 100%Drawings and Specifications 2 2 8 4 2 $ 5 Assist County in Obtaining Plumbing Permit Z 0 0 2 0 $560$560 6 Project Administration and 2 Meetings with Clients 16 4 2 0 0 $3,662 7 Bid Phase Services 4 2 2 2 2 $1,534 8 Construction Phase Services/Record Drawings 16 4 4 0 2 $3,974 Subtotal $19,900 Reclaimed Water and Sanitary Sewer Documents 9 Gather and review background information/data 4 4 8 0 0 $2,036 10 Evaluate gravity sewer pipe versus small pump station and forcemain to get to City sewer main 4 4 4 0 0 $1,680 11 Project Administration and 4 Meetings with the Client 28 4 8 0 4 $6,624 12 Prepare 50%Drawings and Specifications 24 32 80 32 4 $19,740 13 Prepare 90%Drawings and Specifications 16 24 60 32 4 $15,312 14 1 Prepare 100%Drawings and Specifications 8 8 24 8 4 $5,852 15 lAssist with permits(DOH approval,WSDOT and County ROW) 12 2 8 4 0 $3,574 16 1 Bid Phase Services 8 2 8 2 2 $2.788 17 lConstruction Phase Services/Record Drawings 40 1 8 24 0 4 $10,812 Subtotal $68,416 Total Hours by Staff Position 196 108 268 106 34 SUBTOTAL $88,318 Telephone $25 Mileage $350 Reproduction $150 Miscellaneous Project Expenses $257 Total Engineering Budget $89,100 Consultant's Hourly Rates will be adjusted to Consultant's 2020 Standard Rates effective March 1,2020 Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI"Sub-Contracting" of this AGREEMENT. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 1013012014 Exhibit F Title V1 Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself, its assignees,and successors in interest agrees as follows: 1. Compliance with Regulations:The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations, Part 21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination:The CONSULTANT,with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race,color,sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment,each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex,or national origin. 4. Information and Reports:The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of information, and its facilities as may be determined by the AGENCY,the STATE,or the Federal Highway Administration(FHWA)to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions.Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY,the STATE,or the FHWA as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it,the STATE,or the FHWA may determine to be appropriate, including,but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies,and/or; • Cancellation,termination,or suspension of this AGREEMENT,in whole or in part. 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through (5)in every subcontract,including procurement of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto.The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided,however,that in the event a CONSULTANT becomes involved in,or is threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition,the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 1013012014 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of Mason County Public Works Exhibit G-2 Certification Regarding Debarment, Suspension atll Other Responsibility Matters- Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10130/2014 Exhibit G-1(b) Certification of Mason County Public Works I hereby certify that I am the: ❑ County Engineer ❑ Other of the Mason County Public Works , and Gibbs&Olson or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay,to any firm,person, or organization, any fee, contribution, donation, or consideration of any kind;except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Gibbs&Olson whose address is 1157 3rd Ave, Ste 219,Longview,WA 98632 and that neither the above firm nor I have: a) Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or c) Paid, or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for, or in connection with,procuring or carrying out this AGREEMENT;except as hereby expressly stated(if any); I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Gibbs & Olson Consultant(Firm Name) /Z-/� . �'^— February 25,2020 Signature(Authorized Official of Consultant) Date Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10130/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three(3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State,or local)transaction or contract under a public transaction;violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records,making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and D. Have not within a three(3) year period preceding this application/proposal had one or more public transactions(Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Gibbs &Olson Consultant(Firm Name) February 25,2020 Signature(Authorized Official of Consultant) Date Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress,or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,renewal,amendment, or modification of Federal contract,grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan or cooperative AGREEMENT,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00, and not more than$100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts,which exceed$100,000, and that all such sub-recipients shall certify and disclose accordingly. Gibbs&Olson Consultant(Firm Name) /Z_ Z/ . ,'D�-- February 25,2020 Signature(Authorized Official of Consultant) Date Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief,the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation(FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of PW Facility-Water/Wastewater System * are accurate, complete, and current as of February 25,2020 ** This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: Gibbs&Olson lz-6zl 4. A•.Z- President Signature Title Date of Execution***: *Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.) **Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 1013012014 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care.In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s)is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s).For federally funded projects,the Region Local Programs Engineer should be informed and involved in these procedures. (Note:The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged effor(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project.Examples include: all decisions and descriptions of work;photographs, records of labor,materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s)issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s).If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred.If this is the case, then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide LP,through the Region Local Programs Engineer,a summary of the settlement for review and to make adjustments, if any,as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer,after review with their legal counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit/ Page 1 of 2 Revised 10130/2014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA.LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary,LP will request assistance from the Attorney General's Office for legal interpretation.LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution.LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 1013012014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement.The following procedures should only be utilized on consultant claims greater than$1,000.If the consultant's claim(s)are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total$1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs,profit and reimbursable costs associated with the additional work;and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1,the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim.-If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer.If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable),and FHWA(if applicable)agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement,or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10130/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s);and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: 2020-01 WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/3012014 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 3, 2020 Agenda Item # 3 Commissioner staff tb complete) BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the resolution rescinding Resolution 106-19 establishing an Imprest Revolving Checking Account for Lake Management District No. 3 for Spencer Lake Background: Lake Management District No. 3 (LMD) for Spencer Lake was formed in 2019 and Resolution 106-19 was adopted anticipating the LMD would need an imprest checking account. The LMD 3 Citizen's Advisory Committee has decided this account is not necessary and therefore the resolution needs to be rescinded. RECOMMENDED ACTION: Approval of the resolution rescinding Resolution 106-19 establishing an Imprest Revolving Checking Account for Lake Management District No. 3 for Spencer Lake Attachment(s): Resolution RESOLUTION NO. A resolution rescinding Resolution 106-19 that established an Imprest Revolving Checking Account for Lake Management District No. 3 for Spencer Lake WHEREAS, the Board of Mason County Commissioners established Lake Management District No. 3 for Spencer Lake (LMD #3) by adoption of Ordinance 75-19 on August 13, 2019; WHEREAS, Fund #195 for LMD #3 was established by adoption of Resolution 91-19 on September 17, 2019; WHEREAS, Resolution 106-19 was adopted on November 12, 2019 establishing an imprest checking account for LMD #3 and the citizen's advisory committee has advised the County they do not need this account; NOW, THEREFORE BE IT HEREBY RESOLVED by the Board of Mason County Commissioners to rescind Resolution No. 106-19 that established the Imprest Revolving Checking Account for Lake Management District #3 for Spencer Lake. Dated Mason County Treasurer BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Lisa Frazier Sharon Trask, Chair ATTEST: Randy Neatherlin, Commissioner Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead Chief Deputy Prosecuting Attorney J:\Lake Management District\Spencer Lake 2019 Process\Rescind Imprest checking account.docx MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 3, 2020 Agenda Item # 7,, Commissioner staff tecom tete BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the resolution authorizing the use of Equipment Rental and Revolving Fund Services by other Mason County Departments and Offices Background: RCW 36.33A.020 states "The legislative body of any county may authorize, by resolution, the use of the fund (equipment rental and revolving fund) by any other office or department of the county government or any other governmental agency for similar purposes". Because certain ER&R services (fuel, vehicle pool, emergency repairs) may be needed by other County departments, staff is recommending the resolution be adopted. RECOMMENDED ACTION: Approval of the resolution authorizing the use of Equipment Rental and Revolving Fund Services by other Mason County Departments and Offices Attachment(s): Resolution RESOLUTION NO. A RESOLUTION authorizing the use of Equipment Rental and Revolving Fund Services by other Mason County Departments and Offices and other Governmental Agencies WHEREAS, the Equipment Rental and Revolving Fund was established by adoption of Resolution No. 850 on January 3, 1978; and WHEREAS, on January 14, 2020 the decision to enter into a fleet management lease agreement and remove all Current Expense and Public Health vehicles from the Equipment Rental and Revolving Fund was made by the Mason County Commissioners and Resolution 2020-07 amending the Equipment Rental and Revolving Fund was adopted on January 21, 2020; and WHEREAS, RCW 36.33A.020 states"The legislative body of any county may authorize, by resolution, the use of the fund (equipment rental and revolving fund) by any other office or department of the county government or any other governmental agency for similar purposes"; and WHEREAS, there may be the need of other County offices and departments or other governmental agencies to use Equipment Rental and Revolving Fund services including but not limited to motor pool, vehicle repair, radio repair, and parking area; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to authorize the use of the Equipment Rental and Revolving Fund by any other Mason County office or department or any other governmental agency for similar purposes. ADOPTED this day of 12020 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehea Vii& eputy Prosecuting Kevin Shutty, Commissioner Attorney J:\RESOLUTIONS &ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2020\Use of ER&R Fund to other departments authorized.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: March 3, 2020 Agenda Item # �, S Commissioner staff to complete) BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval for the Board to authorize Frank Pinter, Director of Support Services, to sign Department of Commerce's Request for Amendment for the CDBG Microenterprise Loan Program, CDBG Contract No. 18-62210-039. Background: Mason County was awarded a $200k grant from Department of Commerce for the period 5/20/2019 to 9/1/2020 for the purpose of loaning $75k to low/mid income individuals to start businesses. The remaining $125k is for outreach by partners and the sub-recipient, and a small amount for administration. The $75k originally loaned would become the funding for a future revolving loan program. Concerns for the County include the following: • Commerce will only give funds to the County to disperse and payback must be made directly to the County, meaning that the County needs to become the bank • Creates a burden on the Auditor, Treasurer, and Support Services in order to account for disbursement and repayment of loans • No other counties in WA State have a similar program which is up and running, and there are many unanswered questions surrounding the management and flow of funds The Audit Committee and Board of County Commissioners agree that the issues surrounding this grant create too great a risk from an internal control perspective to take on the responsibilities that go along with the revolving loan function of this grant. Department of Commerce may be willing to amend the current grant agreement to remove the loan portion of this grant and complete only the public outreach. The County must submit the DOC's Request for Amendment in order for this to be considered. J:\Budget Office\Briefmg, Agenda, &Public Hearing 1teIns\2020�Action Agenda 3.3.2020-CDBG Microenterprise Loan.doc Recommended Action: Approval for the Board to authorize Frank Pinter, Director of Support Services, to sign Department of Commerce's Request for Amendment for the CDBG Microenterprise Loan Program, CDBG Contract No. 18-62210-039. Attachment: Request for Amendment J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2020\Action Agenda 3.3.2020-CDBG Microenterprise Loan.doc ATTACHMENT 13-A(1) DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR AMENDMENT 1. Grantee Name and Address 2. CDBG Contract Number 3. Request Number 18-62210-039 1 Mason County 411 N 5th Street Shelton, WA 98584 4.Type of Amendment(check all that apply) ❑ Time Extension x❑ Budget Revision x❑ Scope of Work ❑ Special Conditions 5. Explanation (attach additional page if response requires more space or for Supplemental Grant requests) Amend contract from original budget of$200,000 which included $90,000 for Revolving Loan Program in the scope of work to amended budget of$110,000 for the Technical Assistance Program scope of work only. After much deliberation, Mason County has concluded it does not have the proper internal controls & multi- departmental staff necessary to act/function as a bank for the Revolving Loan Program requirements of this grant. 6.Amendment Changes Time Extension Approved End Date Change (# months) Revised End Date CDBG Budget Code Change 18c $185,000 $-90,000 $95,000 21a r v $15,000 $0 $15,000 _Totals $200,000 $-90,000 $110,000 �# Housing Units or Jobs Approved#and Type Change (+/-) Revised #and Type 4-6 microloans -4-6 microloans 0 microloans 7. Submitted By (Chief Administrative Official) Frank Pinter Support Services Director Name Title Signature Date 8.Action Taken (COMMERCE USE ONLY) APPROVED DISAPPROVED Name Title Signature Date ATTACHMENT 13-A(2) REQUEST FOR AMENDMENT INSTRUCTIONS 1. Enter the grantee's official mailing address. 2. Enter the CDBG contract number. 3. Amendment requests are to be numerically accounted for locally. Indicate the appropriate request number. 4. Check all the applicable amendment type: • Time Extension —a new end date from that listed on the CDBG contract Face Sheet is necessary to complete the project and closeout the grant. Generally, time extensions are not for less than six months. • Scope of Work—the subrecipient, major project components, project outcomes, or beneficiaries must change from that in the CDBG contract's scope of work. • Budget Revision —CDBG funds are requested to be transferred between project budget codes and the cumulative transferred amount exceeds ten percent of the total CDBG grant. If a budget change is requested, a revised project budget must be submitted. • Special Conditions—Other changes to or conditions placed on the CDBG contract due to special circumstances 5. Provide a detailed explanation for the proposed amendment. Justify the need, describe any changes in scope of work, and explain how the proposal is supported by the community, other project funders, and (if applicable) the regulatory agency. Requests affecting the budget A revised project budget must be submitted with requests for amendment affecting the budget. Attach the proposed project budget and reference this attachment in 5. Supplemental Funds Requests If the amendment request is for supplemental funds, attach the answers to the supplemental funds questions listed on page 13-2 and reference this attachment in 5. 6. To be completed if a change in the contract end date, CDBG budget, or number of homes or jobs to be achieved is being requested. As applicable, enter the item or amount currently approved in the CDBG contract (the approved end date is on the contract's Face Sheet and the approved Budget is in the contract's Attachment A: Scope of Work and Budget). Then enter the level of change, and the proposed item or amount. 7. Enter the name and title of the Chief Administrative Official. This is usually the individual who signed the CDBG contract. 8. For Commerce review and signature. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 3/3/2020 Agenda Item # g. (Commissioner staff to complete) BRIEFING DATE: 2/24/2020 BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 2020-01Mason County Personnel Policy, to update Chapter 13, Vehicle Use Policy to include the use of motor pool vehicles. Background: The Board of County Commissioners have approved by resolution the creation of a motor pool vehicle use system for Current Expense and the Health Departments. The amendment to the Personnel Policy, Chapter 13, Vehicle Use Policy adds the motor pool vehicle and reporting requirements to the policy. RECOMMENDED ACTION: Approval to amend Resolution 2020-01Mason County Personnel Policy, to update Chapter 13, Vehicle Use Policy to include the use of motor pool vehicles. Attachment: Resolution and Personnel Policy RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 2020-01 MASON COUNTY PERSONNEL POLICY AMENDING CHAPTER 13 VEHICLE USE POLICY WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the coordination of county administrative programs, which is accomplished through the adoption of the Personnel Policy; and WHEREAS, it is necessary and appropriate to change the current language in Vehicle Use Policy to include the use of motor pool vehicles. NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby amends Resolution 2020-01, Mason County Personnel Policy amending Chapter 13 Vehicle Use Policy7.9 as outlined in Attachment A. This resolution shall become effective immediately upon its passage. ADOPTED THIS day of March, 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask, Chair Melissa Drewry, Clerk of the Board Randy Neatherlin, Commissioner APPROVED AS TO FORM Kevin Shutty, Commissioner Timothy Whitehead, Deputy Prosecuting Attorney C: Elected Officials&Department Heads CHAPTER 13 VEHICLE USE POLICY 13.1 VEHICLE USE AND SCOPE This policy addresses assignment of county vehicles for business use, for home-to-work commuting and after-hours use, use of personal vehicles for county business, mileage allowances, general motor vehicle safety expectations, and reporting requirements for commercial vehicle operators as per RCW .2E;.o3o. All employees who operate motor vehicles for county-related business are responsible for operating the vehicle in a lawful, safe and prudent manner. This policy applies to: 1. Departments reporting to the Board of County Commissioners. z. Elected Officials' Offices with the proviso that those officials are responsible for application of this policy, or a comparable alternative, in their departments.All allowances, mileage reimbursement rates, and other cash disbursements require approval of the Board of County Commissioners. 3. Represented and non-represented employees-Where permitted, the policy is applicable to bargaining unit employees depending on the collective bargaining agreement for that unit and the requirements of RCW X5.6. 4. Where provisions of this policy address topics covered in the Sheriff's Office Vehicle Use policy, those rules shall apply. 5. All users of county vehicles (owned, leased, or rented) or personal vehicles being used for county business purposes, including regular employees, temporary employees, contractors, volunteers and citizens. 13.2 VEHICLE USE POLICY DEFINITIONS Vehicle: Per RCW 46.o4.67o includes every device capable of being moved upon a public highway an in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. This includes motorized or non-motorized vehicle to include boats, aircraft, and utility tractors designed to transport persons or goods on public roadways, waterways, or federal airspace. Motor vehicle: Per RCW 46.o4.3zo means every vehicle that is self-propelled by electric poser obtained from overhead trolley wires, but not operated upon rails. Special Mobile Equipment: Per RCW_46.o4�52 means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, Mason County Personnel Policies Page 66 bituminous mixers, bucket loaders, tractors another than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls and scrapers, power shovels and draglines, and transportation of persons or property to which machinery has been attached. Specialized Equipment: Per WAC 4.68-38-z7o certain vehicles are designed and built for very unique functions other than transporting persons.The federal highway administration classifies and references some of these vehicles as specialized equipment in Title 23 C.F.R. Part 658.13(e) and sets minimum and/or maximum parameters for the vehicle to operate. The department adopted these specialized classifications and accepted or further defined the legal parameters for operation on state highways. Weapon: A tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems. Assigned Take-Home Vehicle: A county vehicle, which is used by a County employee for county business and for regularly commuting to and from the employee's home and workstation. Assigned Vehicle:A county vehicle assigned to a department or county employee for county business, but not for employee commuting to and from the employee's home and workstation. Call-Out: A directive to an employee to report to a work site during off duty time or day, and to respond to emergencies, which require immediate response to protect life and property. Commissioned Officers: All officers commissioned by the Sheriff's Office. Commute Trip Mileage:The mileage from an employee's home to their regular place of work and back, or the actual daily mileage from home to the first work-site and from the last work-site to home. Designated Parking Area:A county parking facility or lot, which has been identified by an employee's Elected Official or the Risk Manager as an acceptable overnight location for parking the employee's assigned county vehicle. Emergency Response:An employee has primary responsibility for immediate response, to protect life and property, and to maintain and enforce law. ILMason County Personnel Policies Page 67 Occasional overnight usage of county-owned vehicles: County employees taking home county-owned vehicles for conducting county business away from the employee's normal place of work and outside an employee's normally scheduled work hours. 13.3 ASSIGNMENT OF COUNTY VEHICLES FOR TAKE-HOME and OPERATIONAL CONSIDERATIONS PURPOSE and RESPONSIBILTY It is the responsibility of the Board of County Commissioners (BOCC)to ensure the proper use of public funds concerning the County practice of allowing employees to commute to and from work in County-owned and leased vehicles. The BOCC is to assure all County owned and leased vehicles are used responsibly and centralized controls are in place to report taxable benefits if applicable. All Take-Home Vehicle assignments for County issued vehicles will be reviewed by the BOCC annually. The BOCC wish to restrict the number of county-owned and leased vehicles used by employees to commute to and from work. This policy is applicable to all Mason County Departments and Elected Officials' Offices. AUTHORITY and REFERENCES IRS Publication 1S-B Frin e Benefit IRS Publication 5137 Fringe Benefit Guide IRS Substantiation Requirements �.z 4-5 Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of Qualified Non-personal Use Vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined below. Take-Home Vehicle assignment must be preapproved by BOCC, unless for a temporary assignment. 13.4 QUALIFIED NON-PERSONAL USE VEHICLES(as of 12/31/16) (A)Clearly marked police,fire, and public safety officer vehicles (B)Ambulances used as such or hearses used as such (C)Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds (D)Bucket trucks (cherry pickers) (E) Cement mixers Mason County Personnel Policies Page 68 (F) Combines (G)Cranes and derricks (H)Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat (1) Dump trucks (including garbage trucks) (J) Flatbed trucks (K) Forklifts (L) Passenger buses used as such with a capacity of at least 20 passengers (M)Qualified moving vans (N)Qualified specialized utility repair trucks (as defined in Publication 5137) (0)Refrigerated trucks (P) School buses (Q)Tractors and other special purpose farm vehicles (R) Unmarked vehicles used by law enforcement officers if the use is officially authorized (S) Pickup Trucks and Vans that meet the specifications as defined in Publication 15-B The use of County vehicles or travel reimbursement is preferred over the assignment of take-home vehicles for conducting county business. Assignment of a County vehicle is neither a privilege nor a right of any County employee. Assignment of a County vehicle shall not be made based on employee merit or employee status. The need for communication access (car radio, telephone, etc.) shall not be considered adequate justification for a County vehicle assignment. Wherever possible, assigned County vehicles shall be picked up and dropped off at designated County parking area, thereby avoiding the assignment of Take-Home Vehicles. 13.5 EMERGENCY RESPONSES Take-Home Vehicles may be assigned to county employees who: 1. Are called out at least 12 times per quarter, or 48 times a year and have primary responsibility to respond to emergencies which require immediate response to protect life or property; and z. Cannot use alternative forms of transportation to respond to emergencies; and 3. Cannot pick-up County-owned assigned vehicles at designated sites without impacting the employee's ability to respond to emergencies, which require immediate response to protect life or property. Mason County Personnel Policies Page 69 Emergency response assignments should be supported by data demonstrating the actual number and nature of emergency responses in the prior year, and estimates of future emergency responses. There must be an explanation as to why an employee cannot use alternative forms of transportation to respond to the emergencies or pick up county-owned or leased assigned vehicles at designated parking areas. 13.6 SPECIAL EQUIPMENT VEHICLES Take-home vehicles may be assigned if an employee needs specialized equipment or a special vehicle to perform county work outside of an employee's normally scheduled workday. 1. Communication access shall not normally be considered a valid justification for a specially equipped take-home vehicle. z. Employees must have primary responsibility to respond to emergencies. 3. Special equipment vehicle assignments shall be supported by information describing the special equipment needed to perform the county work. 13.7 ECONOMIC BENEFIT TO THE COUNTY Take-home vehicles may be assigned if employee's private vehicle mileage reimbursement costs are greater than the commuting costs for an assigned county vehicle with overnight vehicle usage. 1. Lost productivity costs,the cost of the time it takes an employee to travel from a designated county parking facility to their work station, shall not be included in the calculation of economic benefit to the county. z. There must be an explanation as to why an employee cannot use alternative forms of transportation or pick up county-owned or leased vehicles at designated parking areas. 3. Tax treatment of all vehicle assignments shall be subject to current regulations. 13.8 TEMPORARY TAKE-HOME VEHICLE ASSIGNMENT Occasional overnight usage of County-owned or leased vehicles is permitted. Such occasional usage of County vehicles may occur when an employee conducts County business away from the employee's normal place of work, and outside an employee's normally scheduled workday. Other types of occasional overnight usage is permitted when the following conditions exist: Mason County Personnel Policies Page 70 �. Inclement weather conditions:When employee is on-call and has primary responsibility to respond. 2. Emergency preparedness or seasonal assignment: County-owned or leased vehicle is permitted when an employee is on-call and vehicle is taken home less than 12 times per quarter on average. 3. Collective Bargaining Agreement: Authorization for take-home assignment may be granted to employees represented by collective bargaining agreements with language that provides for take-home vehicle assignment. 13.9 BOARD OF COUNTY COMMISSIONERS RESPONSIBILITIES The BOCC will evaluate, authorize, or deny the current Take-Home vehicle assignments and any new requests from all departments and elected offices by October 31st of each year. Take-home vehicle authorization shall be for the following periods of time:January ist to December 31s'of each year, unless otherwise specified by a collective bargaining agreement. 13.10 BUDGET MANAGEMENT RESPONSIBILITIES Budget Management shall be the department in charge of the following provisions: 1. Maintaining the listing of BOCC approved Take-Home vehicle assignments. 2. Maintain the supporting documents for each Take-Home vehicle assignment. Documents will be compiled, calculated and submitted to payroll for fringe benefit, per the IRS rules and regulations. 3. Provide Fair Market Value of vehicles for auto fringe benefit calculation if applicable. 4. Develop and maintain records of all take-home vehicle assignments for Budget Management provisions. 13.111 DEPARTMENT HEADS AND ELECTED OFFICIALS RESPONSIBILITIES Department Heads and Elected Officials shall: Prepare a Vehicle Take-Home Authorization Request Form and submit to Budget Management for presentation to the BOCC. These forms should be submitted by September 301h of each year or when a new Take-Home assignment is issued to Budget Management. Each department and office shall maintain a list of authorized Take-Home Vehicles. This list shall include: 1. Employee name Mason County Personnel Policies Page 71 2. Rank or Title 3. Work location 4. Vehicle number 5. Vehicle type 6. County of residence 7. Miles outside the County, if applicable An updated list shall be transmitted to Risk Management by September 3oth each year or upon request by the Budget Manager. Apply the following standards and criteria for proposing all take-home assignments. The employee shall reside within Mason County. The elected may propose a take-home vehicle assignment for employees residing outside the county if both the residence is within 15 miles of the county line and a reasonable 3o-minute response time can be met. In addition, there are reasonable and compelling justifications and if such requests meet, the criteria contained in sections 1 through 6 found below. 1. The employee commute mileage shall not be greater than the business mileage. 2. In cases where the Take-Home Vehicle Assignment requests are based on Emergency Response or Special Equipment,the Elected must show that emergency response outside of the employee's normal working hours is necessary due to an eminent threat to life or property. 3. The employee must provide historical data showing the number of emergency responses made during the same time period in the previous year. 4. There must be no other employees on duty and available to respond or perform the emergency work during their normal work shift. 5. Before approving Take-Home Vehicle Assignment, the Elected shall first consider whether occasional overnight assignment, temporary on-call status or reimbursement for the use of a private vehicle will be of greater economic benefit to the county than a Take-Home Vehicle Assignment. 6. The employee has primary countywide custodial control of resources used during emergency response, and who must be available for any and all emergencies. 13.12 SHERIFF'S OFFICE RESPONSIBILITIES The Sheriff or the Sheriff's designee shall: Prepare a Vehicle Take-Home Authorization Request Form and submit to Budget Management for presentation to the BOCC. These forms should be submitted by Mason County Personnel Policies Page 72 September 3oth of each year or when a new Take-Home Vehicle assignment is issued to Budget Management. Each Department shall maintain a list of authorized Take-Home Vehicles.This list shall include: 1. Employee name i. Rank or Title 3. Work location 4. Vehicle number 5. Vehicle type 6. County of residence 7. Miles outside the County, if applicable An updated list shall be transmitted to Budget Management by September 3oth each year or upon request by the Budget Manager. Commissioned employees of the Sheriff's Office are exempt under IRS Publication15-B Fringe Benefit, however, for Non-Commissioned employees, this is considered a fringe benefit and may create a tax liability. 13.13 EMPLOYEE'S RESPONSIBILITIES A County owned or leased Take-Home vehicle is a fringe benefit that may generate a tax liability. If a request for a Take-Home Vehicle is approved, it is the responsibility of the employee to contact payroll and determine the tax liability. The employee is also responsible for submitting monthly mileage report to Budget Management by the 5th working day of the month. Monthly mileage reports are required for all Take-Home assignments, with the exception of Commissioned Officers of the Sherriff. 13.14 FINANCIAL SERVICES— PAYROLL RESPONSIBILITIES Payroll will update fringe benefit data in the payroll system. [PER RESOLUTION 19-17, 04/11/20171 13.15 DRIVERS LICENSE AND INSURANCE REQUIREMENTS The County has auto liability coverage on its Mason County vehicles. Authorized employees, appointed or authorized representatives and persons, or volunteers driving Mason County vehicles are covered under the County's liability coverage. However, employees using their personal vehicles for County business are not included in the County's insurance coverage and, therefore their personal vehicle insurance is responsible for accidents, regardless of Mason County Personnel Policies Page 73 whether the accident occurred while they were on County business. The mileage reimbursement received by employees for approved use of personal vehicles includes, in part, a reimbursement for personal insurance coverage. Employees should consult with their insurance agent/company to inquire about what coverage exists while using their personal vehicles for County business. 1. Employees shall provide valid proof of automobile liability/property damage insurance with policy coverage limits that meet the Washington State minimum requirements. z. When an employee is using their privately owned vehicle pursuant to County policy, the individual's insurance shall be considered the primary insurance coverage with County coverage potentially available for secondary or excess coverage. 3. Job applicants who have reached the final interview stage of the employment selection process will provide the county with a "Driving Record" prior to being offered the position.This applies to both internal and external applicants and only to those applicants whose job would require them to operate county owned or leased vehicles on a regular(routine) basis. IP6 USE OF PERSONAL VEHICLES FOR COUNTY BUSINESS Employee's use of personal vehicles for county business travel purposes is subject to the approval of the department head or elected official. Employees may be required to utilize a county vehicle based on cost or safety considerations. Authorization to use private vehicles may be given on a trip-by-trip or standing approval basis. Upon request, employees are required to provide to their supervisor proof that they possess a valid motor vehicle operator's license, proof of current vehicle liability insurance and a current year Vehicle Use Agreement on file. Private vehicles utilized for county business are considered official vehicles and must conform to the following requirements: 1. The vehicle must meet legal requirements to operate on a public highway. i. The vehicle must be in sound mechanical condition and present no safety risks. 3. Employees must submit a mileage reimbursement form, to receive reimbursement based on the county's current mileage rate allowance. The standard mileage rate reimbursement covers gas, maintenance, repairs and insurance for work related driving. Mason County Personnel Policies Page 74 13.17 USE OF COUNTY VEHICLES FOR PERSONAL BUSINESS Employees using county vehicles on a continuing assignment or trip-by-trip basis are prohibited from using vehicles for personal business except as provided herein. Unauthorized personal use of a county vehicle may result in disciplinary action, up to and including termination of employment. All employees should exercise reasonable judgment regarding the use of a county vehicle for personal purposes. Personal use of a county vehicle may be permitted, subject to the approval of the applicable department head or elected official, when the use serves the county's interests, results in negligible expense, and/or is justified by compelling circumstances and doesn't pose a "bad appearance" even if on personal time—(e.g., at a bar or liquor store). 13.18 INCIDENTAL TRAVEL AND STOPS Employee-drivers should remember that public perception of county employees is important and influenced by how and where the public observes county vehicles being used. Employee-drivers should not make incidental stops at locations the public would generally perceive as inappropriate. 13.19 POLITICAL USE OF COUNTY VEHICLES No employee or person may use any vehicle owned, leased or operated by the county for any trip which is exclusively for the purposes of campaigning in support of, or in opposition to, any candidate or cause for national, county or local office, unless use of the vehicle is required for purposes of security protection provided by the county or local governmental unit. 13.20 USE OF COUNTY VEHICLES BY OTHER INDIVIDUALS 1. Use of county vehicles by temporary employees or volunteers requires authorization from the department head or elected official. Temporary county employees and volunteers are subject to the applicable provisions of this policy, including signing the Vehicle Use Agreement and providing proof of valid driver's license. 2. Interagency use of a county vehicle requires authorization from the county's€R&R elected official. Use of a county vehicle under an interagency agreement is subject to the provisions mutually agreed upon by the agencies involved. Mason County Personnel Policies Page 75 13.21 PERMITTED AND PROHIBITED USES OF COUNTY AND PERSONAL VEHICLES FOR COUNTY BUSINESS The following policies govern all vehicle use for county business: 1. All drivers and passengers must comply with all the motor vehicles laws of the state of Washington or any other state in which the vehicle is operated, including seatbelt and cell phone laws. i. Vehicles shall be locked when unattended with the engine turned off. Keys shall not be left in the ignition unless authorized by the department head or elected official. 3. No person may use a county vehicle, or permit the use of a county vehicle, or operate a personal vehicle for county business in the following prohibited manners: a. The driver is impaired by fatigue or any other known mental or physical condition that affects the safe operation of the vehicle. b. The driver is impaired because of prescribed appliances (e.g., cast, sling, brace), prescribed or over-the-counter medications that causes or results in adverse side effects (e.g., drowsiness or impaired reflexes or reaction time). As described in Policy 8.12-Substance Abuse, employees are responsible for informing their supervisor of the possible effects of the medication and expected duration of its use. c. Tobacco use (smoking and non-smoking products and devices) is prohibited in county-owned or leased vehicles. This does not include smoking in personal vehicles used for county-related business. d. Transporting non-county employee passengers, including family members, is not permitted unless authorized by the employee's department head or elected official. e. Permitting non-authorized individuals to drive a county-owned/leased vehicle unless it is for a bona fide emergency purpose. f. Drivers of motor vehicles are prohibited from reading, manually writing or sending a message on an electronic wireless communications device or holding a wireless communication device to their ear while the vehicle is moving. Exceptions to this section include: operators of an authorized emergency motor vehicle; a driver using a wireless communications device in the hands-free mode; using devices to report illegal activity or summon medical aid or other emergency assistance or to prevent injury to a person or property; using hearing aids. g. Use for personal gain, such as delivering goods or services. h. Modifications including affixing signs, stickers, antennas, bike racks, ski racks, etc. Modifications to county vehicles may be undertaken only with the prior Mason County Personnel Policies Page 76 written consent of the department head or elected official and the CDS2.o Managef. The County Shop or its designee will perform any modification to a county-owned or leased vehicle. i. Transporting of animals—Allowed only with prior written consent of the department head or elected official -(excludes Animal Control activities and transportation and use of canines or other animals by the Sheriff's Office). j. Hauling loads that exceed the rated capacity of the vehicle or that could cause damage to the vehicle (i.e., hauling firewood or gravel in a passenger vehicle). k. Use of trailer hitches and towing- allowed only with prior approval by either the County Shop or Motor Pool Manager.The County Shop or Motor Pool must evaluate hitches and lights. I. Installation or use of any radar or speed detection devices. m. Transporting hitchhikers. n. Use or consumption of alcohol and/or illegal drugs is prohibited while operating a county-owned/leased vehicle or personal vehicle for county business. o. Use for vacations, side trips or any other use not expressly authorized by this policy or department head or elected official. Drivers who have questions regarding the appropriate use of a county vehicle or a personal vehicle while in use for county business should consult with their supervisor, department head, elected official, or the Risk Management Office. 13.22 VEHICLE USE AGREEMENT(VUA)- REQUEST FOR DRIVING RECORD The purpose of the VUA is to ensure employees are licensed to operate a motor vehicle and possess auto liability insurance to operate their personal vehicle for county business. Use of a county(owned, rented or leased) or personal vehicle for business purposes is contingent upon the following conditions and requirements: 1. Vehicle Use Agreement- Each department head and elected official or their designee will acquire a signed Vehicle Use Agreement(VUA), annually from each of their employees that operate a personal or county-owned/leased vehicle for business purposes. This includes those employees required to hold a Commercial Driver's License (CDL). z. Motor Pool User Agreement- Each department head and elected official or their designee will acquire a signed Motor Pool User Agreement(M PUA), annually from each of their employees that operate a motor pool county-owned/leased vehicle for business purposes. Mason County Personnel Policies Page 77 3. Driving Record Request a. Employees who are required to operate a vehicle on a regular(routine) basis to perform their job shall, as part of the Vehicle Use Agreement, authorize Mason County to acquire a copy of their driving abstract from the Department of Licensing per RCW 46.52.130. b. All other employees who may drive a county vehicle or a personal vehicle for the use of county business may have their driver abstract requested from the Department of Licensing per RM46.52.113o if requested by their department head, elected official and/or the Risk Management Office. 13.23 DRIVER DISQUALIFICATION AND REVIEW County employees and other authorized agents of the county may become disqualified as a driver for county business for any of the following conditions: 1. Three or more moving violations in the past three years. 2. Two accidents if one or more results in injury, loss of life or significant property damage. Note:This includes only accidents where the driver was substantially at fault. 3. Suspension or revocation of driver's license. 4. Drivers must immediately inform their supervisor, department head, or elected official in writing if they become disqualified under this policy. 5. Any change in the status of an employee's driver record resulting in disqualification or the failure to report such change may result in revocation of the privilege to drive a county-owned/leased vehicle or a personal vehicle utilized for county business and/or disciplinary action up to and including termination. 6. Drivers denied the use of a county vehicle based on an unsatisfactory driving record may request a review of the denial through their department head or elected official. The Risk Management Office should be consulted regarding any requests for review. 7. A requested review will be investigated by the department head or elected official and the Risk Management Office then approved or denied by the elected official in writing. Approval or denial will be documented and kept on file in the Risk Management Office. 13.24 ACCIDENTS AND CITATIONS Employees are fully responsible to operate vehicles on county business in a legal, safe, and prudent fashion and are subject to appropriate corrective action for failure to do so, up to and including termination. Mason County Personnel Policies Page 78 1. Employees shall immediately report all traffic accidents and/or damage to their vehicle to their supervisor or department head or elected official while operating a personal or county-owned/leased vehicle while on county business. In addition to any state required accident reports, employees shall complete the Risk Management Vehicle Accident Report form within the first business day following the accident.The report will be forwarded to Risk Management and-€R&R Manager. A review by the department head or elected official may be convened to evaluate the accident depending on the severity. 2. Drivers are personally responsible for the cost of all traffic citations, parking tickets, etc. Passengers are personally responsible for the cost of any traffic citation they may receive while riding in a county-owned/leased vehicle or a personal vehicle being used for county business -(i.e. seatbelt violations, parking violations, throwing object from vehicle).The offending employee shall pay citation fines promptly. 3. Employees shall report moving violation citations that occur while operating a vehicle for county business within the first business day of the issuance of the citation. Employees will notify their immediate supervisor, who in turn, will forward the report to the Risk Management Office. 13.25 COMMERCIAL DRIVER LICENSE In addition to the conditions and requirements for all motor vehicle operators, employees who hold a commercial driver's license (CDL) are subject to all requirements applicable to state and federal laws. 13.26 COUNTY VEHICLE RELATED PURCHASES Supervisors shall inform employees of acceptable vendors, gas stations, and other services that may be utilized for county vehicle related purchases. Repair and towing services are primarily acquired through county contracts. If services are needed while traveling out of the county, the employee should contact the County Shop for public works vehicles,the Facilities manager for motor pool vehicles, or use their best judgment if outside of work hours. 13.27 ER&R VEHICLES FUEL POLICIES AND FUEL CREDIT CARD USES 1. Public Works vehicles should use the county-owned fuel dispensers whenever possible. There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. Mason County Personnel Policies Page 79 2. Public Works vehicles may use public self-service, regular unleaded and diesel dispensers should be u if county fuel dispensers are not available. The most cost- effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. 3. The use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. 13.28 MOTOR POOL REPAIRS AND PREVENTATIVE MAINTENANCE 1. Motor pool vehicles should use the assigned WEX Fleet card to purchase fuel from any authorized gas station (Shell or Chevron). Arco and AM/PM gas stations are not authorized vendors.There is one fill up per fuel card use. No doubling up on one card with more than one respective, associated vehicle is permitted. Department supervisors should provide directions to those locations and instruct their assigned drivers on the uses of these dispensers. 2. Motor pool vehicles may use public self-service, regular unleaded and diesel dispensers for emergency situations only.The most cost-effective vendor should be used whenever possible. Receipts must be submitted for reimbursement. 3. The use of premium grades of fuel is not authorized, unless required by the vehicle's owner's manual. 13.29 REPAIRS AND PREVENTATIVE MAINTENANCE When a vehicle is assigned to an employee or department, the driver or department supervisor is responsible for ensuring that all preventative maintenance is performed on schedule and the vehicle is serviced in a timely manner when notified by either the Facilities department or the County Shop. 13.30 GENERAL MOTOR VEHICLE SAFETY 1. In the interest of safety, supervisors may elect to have assignments,jobs'or tasks delayed or postponed during inclement weather until driving conditions improve. Only essential vehicles equipped with necessary traction devices should be required to operate during hazardous conditions (e.g., Sheriffs vehicles, snow plows, sanding trucks, etc.).Vehicles used during inclement weather may require the use of tire chains it is the responsibility of the vehicle/equipment operator to install tire chains when needed. 2. Operators shall conduct a safety check of the vehicle each day. The minimum operator's check should consist of a check for body damage, mechanical problems (tire inflation &tread, brakes, steering, turn signals, wipers, horn, etc.) and verification that all lights are functioning and windows are cleaned to present a clear Mason County Personnel Policies Page 80 field of view.All items requiring repair shall be reported to your immediate supervisor and the County Shop for public works vehicles, or by submitting a maintenance support ticket to the Facilities Department for motor pool vehicles. 3. County departments may have additional requirements for the safe operation of motor vehicles and equipment. 13.31 SAFETY In the event a county officer, employee, or volunteer is involved in an accident while operating a county vehicle or their own vehicle and conducting county business, the driver shall follow these safety rules: 1. Immediately provide first aid (if possible and if necessary)to any injured person. It is recommended that employees providing first aid/CPR have a valid first aid/CPR card. i. The county driver shall then immediately notify his/her supervisor and the appropriate law enforcement agency. No vehicles shall be moved from the accident scene until law enforcement arrives unless a greater safety hazard would be created by not moving the vehicle(s). 3. The county employee/driver shall exchange information regarding driver's license, vehicle registration, and insurance information with the operator(s) of the other vehicle(s). 4. If possible, the county employee/driver shall gather the names and addresses of all potential witnesses including passengers in all vehicles involved. 5. If possible, take photos of both the county vehicle and the other injured parties vehicle, equipment or the scene itself. b: The county employee/driver shall complete the vehicle accident checklist located in the glove compartment of each county vehicle. If the accident results in death, personal injury, or property damage in excess of five hundred dollars, complete the State of Washington Uniform Collision Report Form_(WSP 161)within twenty-four hours of the accident. risk manageF. [UPDATED RESOLUTION 89-19—9/3/19] ILMason County Personnel Policies Page 81 ele,,eK MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: March 3, 2020 Agenda Item # 7 (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 8070667-8070792 $ 329,935.26 Direct Deposit Fund Warrant #s 66083-66467 $ 724,507.70 Salary Clearing Fund Warrant #s 7005015-7005039 $ 507,435.82 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 4,176,153.91 Direct Deposit YTD Total $ 2,872,540.90 Salary Clearing YTD Total $ 3,019,416.95 Approval of Treasure Electronic Remittances YTD Total $ 1,539,798.04 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8070667-8070792 $ 329,935.26 Direct Deposit Fund Warrant #s 66083-66467 $ 724,507.70 Salary Clearing Fund Warrant #s 7005015-7005039 $ 507,435.82 Attachment(s): originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 3, 2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to enter into a lease agreement with North Mason Resources providing office space to Veteran Service Officers for 2020 at $350 per month payable from the Veterans Assistance Fund (#190) as recommended by the Veterans Advisory Board. Background: RCW 73.08.010 authorizes counties to establish a veterans' assistance program to address the needs of local indigent veterans and their families. The program is funded by the Veterans'Assistance Fund created under the authority of RCW 73.08.080. The Veterans'Advisory Board (VAB) was established under the authority of RCW 73.080.035 and they administer the veterans' assistance program. Budget Impacts: The Veterans Assistance Fund has a cash balance of approximately $28,000 and YTD approximately $22,400 has been provided as assistance to Mason County Veterans. The annual limit to individual veterans is $1,200. RECOMMENDED ACTION: Approval to enter into a lease agreement with North Mason Resources providing office space to Veteran Service Officers for 2020 at $350 per month payable from the Veterans Assistance Fund (#190) as recommended by the Veterans Advisory Board. Attachment(s): Lease agreement 2020 North Mason Resources Fee Use Office Lease This is a lease with North Mason Resources for the use of office space and facilities at their center located at 140 NE State Route 300, PO Box 2052 Belfair,WA 98528 Between North Mason Resources (NMR) (party A) And Veterans Service Uf,,ce Space (pa ty B) 1, Purpose and Scope The pur nose of this lease is to c early identify the roles and responsibilities of each party as they relate to use the offices at the North Mason Resources(NMR) at 140 NE State Route 300, PO Box 2052 Belfa r, WA. 98523 NfviR's i itont is to provide op:r3tional space for multiple agencies allowing them to provide services to residents of Mason Coanty wnc are seeking services to improve quality of life.To support this goal, Party A and Party B will work together to ensure all clients have equal access to these resources. Both Pa-ty A and Party B should ensure that program activities are conducted in compliance with all applicable County, Sta*.e, and FE deral laws, rules and regulations. 1. Lease Term The term of this lease :s the PU od within which the responsibilities of this agreement shall be performed. The term commences January 1, 2020 and terminates December 312020 and will be available for renewal upon agreement of both parties. 11. Party Responsibilities Party A ihali undertake the following activities during the duration of this lease: 1. Assure that building i; riaintained in a safe operational state, and make neceiiary repairs in a timely manner. 2. Will assure that the util ties are paid and working properly. 3. Will be responsible for the property expenses as agreed to with property owner. 4. Will assure building is open during regular business hours, with the exclusion of holidays, one week between the Cl-i i,;tmas and New Year's holidays, and inclement weather based on the road conditions. Ill. Party B Responsibilities Party B ;hall undertake the following activities during the duration �)f the lease term. 1. Ensure that the use fee of Three hundred and Fifty ($350.00 USD) a month is paid promptly. Use fees are to be paid on or before Noon the "5t' of each month for the comi ig months rent to North Mason Resources. Please allow 7 business days for checks sent by US'`Vail to arrive promptly by the 5t'. 2. Lease is for use of approximately 100 sq. ft. private office space as well as use shared common space. ALL corimon space i.e.: restrooms, kitchen, and hallways which,must be kept clean and sani-ary for use by all providers. Lease is for 4(four) days room use per week Monday- Thursday. 3. Follow all federal, state and county laws and regulations required while conducting business at E North Mason Resourc ?!. 4 NMR staff will ensure o=fice is cleaned weekly if requested; otherwise provider: mill remove trash every Thursda,J. 5. Will assure that their staff will not interfere with the operation of North Mason Resources staff, volunteers or other p,oviders. 6. Will assure that client,do not wander through the facility unescorted for the privacy and safety of all clients. 7. Party B will provide oirn personal computer and printer/fax machine. Wi-Fi is a✓ailable for use. IV. Modification and Termination 1. This agreement may be cancelled or terminated without cause by either party�y giving thirty (30)calendar clays advance written notice to the other party. Such notifications shall state the effective date of termination or cancellation and include any final payments die. 2. Any and all amendments must be made in writing and must be agreed to and- xecuted by the parties before becomi-ig effective. V. Effective Date and Signature 1. This lease shall oe effective upon the signature of party A and party B'uthorized officia s. It shall be in force from January 1, 2020 through December <t 2020. Party A and party B ind tate agreement with this lease by their signatures. Signatures and D S. c. - - h ized signature from arty B Authors zed signature from pa ty A Auto g P Steven -.Abels, NMR Executive Director Prin d name of party A signatoryPrinted name of party B signatory Date Date 4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 3, 2020 Agenda Item # g q Commissioner staff to complete) BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the Motor Pool Use Procedures Background: The Commissioners approved forming a Motor Pool for Current Use and Public Health vehicles separate from ER&R. Motor Pool Use Procedures have been developed that include a User Agreement. Personnel Policy Chapter 13 Vehicle Use Policy will also be updated to reflect the new Motor Pool. Employee training was conducted February 24 and 26. RECOMMENDED ACTION: Approval of the Motor Pool Use Procedures Attachment(s): Motor Pool Use Procedures & User Agreement CO UNTY MOTOR POOL USE PROCED URES Adopted March 3,2020 L SCOPE All elected officials,department heads,division supervisors,employees and volunteers who use Mason County Motor Pool vehicles for County business and purposes shall follow these procedures and the Personnel Policy, Section 13.Vehicle Use Policy. H. PURPOSE County vehicles shall be operated in a safe manner consistent with local, state and federal laws. All accidents must be reported promptly according to the procedures outlined in the Accident Reporting Policy Form 13.24 and 13.30.Use of County vehicles shall be limited to County business and purposes. Failure to comply with the provisions of this policy may result in actions to include; driver improvement programs,disqualification or suspension of driving privileges and discipline up to and including termination. III. PROCEDURES A. RESPONSIBILITIES 1. The Support Services Director is responsible for implementing these procedures. 2. Elected Officials/Department Heads shall: a. Have discretion for authorization and/or removal of driving privileges for employee use of County vehicles used for County business,purpose or travel. b. Ensure that all employees within his/her department who drive vehicles for County business and purposes are provided a copy of this policy and procedures.A copy of which will be filed in the employee's Personnel File c. Ensure employees do not operate a vehicle for County business and purposes until he/she has signed the acknowledgement of receipt form. (Attachment A). A copy of which will be filed in the employee's Personnel File. d. Ensure all statements of acknowledgement; copies of authorized employee valid driver's licenses of proper class and proof of insurance are kept on file in the Risk Management Department and are kept confidential. e. Ensure that all damage to Motor Pool vehicles are reported to the Motor Pool Manager and Risk Management Department immediately and ensure all incidents / accidents and damage to County Motor Pool vehicles are reported to the elected official/department head. 3. Vehicle Fueling a. Fueling is through WEX,a system that works with Enterprise.It can be used at most gas stations, available stations are listed on the card. The WEX card belongs in the vehicle, please keep it there in the folder provided. The operator will use a PIN assigned to the operator with the WEX card.This PIN is confidential and should not be divulged to anyone but the operator. The operator will enter the vehicle number and the mileage when the pump asks for it in order for the pump to dispense fuel. J:\Motor Pool Management\Fleet Lease 2020\County Motorpool Procedures v2.docx Page 1 of 2 t t COUNTY MOTOR POOL USE PROCEDURES Adopted March 3, 2020 B. VEHICLE MAIlVTENANCE 1. Each vehicle will have a Maintenance Card(N AX)assigned to it.In case of an emergency,contact the Motor Pool Manager.The Motor Pool Manager will make appropriate arrangements with the Enterprise Maintenance Program to service the vehicle. 2. For basic unanticipated vehicle repair needs,it is the driver's responsibility to submit a repair ticket to Motor Pool Management.A request for a repair ticket can be completed at htty://helpdesk.mason.local/tickets/index php 3. Please load this address onto your computer or laptop.Create an account for yourself; it will then track your requests and make it easier each time you login. Process to login: • Login in • "Open a New Ticket" • Select a Help Topic---Motor Pool • Add vehicle number • Add Department-location vehicle will be left at for MP to pick up. • Add an Issue • Issue Summary;keep it basic • Add any notes on the specific issue reference the vehicle;special contact info for you if you want • You may add a photo or two if needed. • Hit create ticket 4. Motor Pool Management will schedule standard operating maintenance such as oil changes, brake service and other standard service 5. If needed,Motor Pool Management will have a replacement vehicle available to use. C. MOTOR POOL BILLING 1. The Motor Pool billing will be received and paid by Support Services out of each Elected Official or Department's budgets per Resolution No XXX.The invoicing will be emailed to departments and vouchered by Support Services. D. DRIVING RECORDS 1. Mason County is self-insured for non-leased vehicles and Police Pursuit Vehicles for automobile physical damage. Leased Vehicles will be insured by third party insurance provider.Authorized operators of County owned or privately owned vehicles for County business and purposes may have their driver abstract requested from the Department of Licensing per RCW 46.52.13. J:\Motor Pool Management\Fleet Lease 2020\County Motorpool Procedures v2.docx Page 2 of 2 Attachment to Motor Pool Use Procedure Mason County Motor Pool User Agreement hereby acknowledge that I have received and read the Mason County Motor Pool Use Procedures and Mason County Personnel Policy Chapter 13 Vehicle Use Policy and agree to the following: (please see before mentioned policies for complete list of permitted and prohibited uses of county vehicle) 1. I will comply with all the motor vehicles laws of the state of Washington or any other state in which the vehicle is operated, including seatbelt and cell phone laws. 2. 1 will keep the county vehicle locked when unattended with the engine turned off. Keys will not be left in the ignition. 3. 1 will immediately report all traffic accidents and/or damage to a county vehicle to my supervisor/department head or elected official. 4. 1 will remove and dispose of trash in an appropriate manner from the county vehicle after each use. 5. 1 will not use a county vehicle, or permit the use of a county vehicle, in the following prohibited manners: a) When impaired by fatigue or any other known mental or physical condition that affects the safe operation of the vehicle. b) When impaired because of prescribed appliances (e.g., cast, sling, brace), prescribed or over-the-counter medications that causes or results in adverse side effects (e.g., drowsiness or impaired reflexes or reaction time). As described in Personnel Policy 8.12-Substance Abuse, employees are responsible for informing their supervisor of the possible effects of the medication and expected duration of its use. 6. 1 will not use or consume alcohol, marijuana and/or illegal drugs while operating a county vehicle. 7. 1 will not use tobacco (smoking, vaping and non-smoking products and devices) in county vehicles. 8. 1 will not transport non-county employee passengers, including family members, unless authorized by the employee's department head or elected official. 9. 1 will not permit non-authorized individuals to drive a county vehicle unless it is for a bona fide emergency purpose. 10. 1 will not use a county vehicle for personal gain, such as delivering goods or services. 11. 1 will not modify the county vehicle including affixing signs, stickers, antennas, bike racks, ski racks, etc. 12. 1 will not transport animals in a county vehicle (excludes Animal Control activities and transportation and use of canines or other animals by the Sheriffs Office). 13. 1 will not haul loads that exceed the rated capacity of the vehicle or that could cause damage to the county vehicle (i.e., hauling firewood or gravel in a passenger vehicle). 14. 1 will not install or use any radar or speed detection devices in a county vehicle (excludes Sheriffs Office). 15. 1 will not transport hitchhikers in a county vehicle. 16. 1 will not make incidental stops at locations the public would generally perceive as inappropriate (i.e.Bob's Tavern). 17. 1 will not use a county vehicle for vacations, side trips or any other use not expressly authorized by Mason County's Motor Pool Use Procedures or Vehicle Use Policy. Drivers who have questions regarding the appropriate use of a county vehicle should consult with their supervisor, department head,elected official,or Motor Pool Management. Your signature verifies that you understand and agree to comply with Mason County's Motor Pool Use Procedures and Mason County Personnel Policy Chapter 13 Vehicle Use Policy Motor Pool User Date Supervisor Date MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Chief Kevin Hanson Action Agenda _X Public Hearing Other DEPARTMENT: Mason County Sheriff, Jail EXT: _369 COMMISSION MEETING DATE: 02=;= 3 Z� Agenda Item # �. 10 Commissioner staff to com tete BRIEFING DATE: 02/24/20 BRIEFING PRESENTED BY: Kevin Hanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Amended agreement between Mason County and Summit Food Services for jail and juvenile meal services. BACKGROUND: The exiting food services contract was adopted by the BOCC on January 24, 2017. The contract expired on February 15t, 2020. This agreement allows a 3-year extension and an increase in the daily food rate by 2.7% in accordance with section 9.5 of the original contract. RECOMMENDED ACTION: Approve Action Agenda Item BUDGET IMPACTS: Last year Summit provided 100,055 meals for jail and juvenile meals. The increase is roughly .07 cents per meal. Total estimated budget impact will be approximately $7500.00. ATTACHMENT(S): Existing contract and proposed amendment. C:\Users\dlz.MASON\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XJ48NAGT\BOC C Agenda Summary Summit Food Service extention.doc i AMENDMENT TO THE FOOD SERVICE PARTNERSHIP AGREEMENT This Amendment is made and entered into by and between Mason County Sherifrs Office a WA Government Agency("Client"),and Summit Food Service, LLC a NM Limited Liability Company "Company") (collectively"the Parties"). WHEREAS,Client and Company have entered into a certain Food Partnership Agreement(the "Contract"),effective February 1,2017; WHEREAS,Client and Company have agreed to extend the partnership; and I WHEREAS,the parties now desire to amend said Agreement upon the terms and conditions stated herein. NOW,THEREFORE,the parties,intending to be legally bound hereby,mutually agree as follows: 1. This Agreement shall be extended for an additional three years beginning February 1,2020. 2. Price. Company shall charge and Client shall pay: Inmate Population Current Price New Price 2020 New Price 2021 CPI% 2.7% 3.1% 30-39 $4.902 $5.034 $5.185 40-49 $3.991 $4.099 $4.222 50-59 $3.422 $3.514 $3.620 60-69 $2.968 $3.048 $3.140 70-79 $2.640 $2.711 $2.793 1 80-89 $2,394 $2.459 $2.532 f 90-99 $2.149 $2.207 $2.273 100-109 $2.043 $2.098 $2.161 110-119 $ 1.916 $ 1.968 $2.027 120-129 $ 1.808 $ 1.857 $ 1.913 130-139 $ 1.717 $ 1.763 $ 1.816 Staff Meals 1 $280 perweek This Amendment is effective as of February 1,2020.All other terms and conditions of the original Contract(as modified from time to time)shall remain in full force and effect unless otherwise amended as provided in the Contract. CLIENT COMPANY Signature: Signature: Name: Name: Title: Title: Date: Date: i I I MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Coroner Wes Stockwell Action Agenda x Public Hearing Other DEPARTMENT: Coroner EXT: DATE: March 3, 2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Coroner Wes Stockwell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Interlocal agreement for pathology services between Kitsap County and Mason County Background: Historically, Mason County has paid separate fees for pathology services pertaining to forensic death investigations (autopsies, pathologist, facility use, tests, x-rays). Kitsap County has agreed to provide all pathology services for one fee, lowering the cost of these services. Budget Impacts: Approximately $20,000 per year savings. RECOMMENDED ACTION: Commissioner approval of the ILA Attachment(s): Interlocal agreement between Kitsap County and Mason County KC-327-19 INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES BETWEEN KITSAP COUNTY AND MASON COUNTY This Interlocal Agreement for Pathology Services ("Agreement") is entered into between Kitsap County, through the Kitsap County Coroner's Office, ("Kitsap") and the Mason County ("Mason"),both political subdivisions of Washington state. RECITALS A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies, such as Kitsap County and Mason County, to enter into cooperative agreements to more efficiently provide services within their jurisdictions. B. Kitsap County, through the Kitsap County Coroner's Office, is capable of providing regional pathology and associated services for death investigations. C. The Mason County Coroner's Office needs pathology and associated services for death investigations which Kitsap County has the ability to provide. D. The parties would mutually benefit from the Kitsap County Coroner's Office providing pathology and associated services for death investigations ("Services") to Mason County subject to the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the mutual promises and covenants,the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative undertaking of the parties to extend Services to Mason, identify those persons responsible for administering the Services,and define the responsibilities of the parties as contemplated in RCW 39.34.030. 2. ORGANIZATION.No separate legal or administrative entity is created by this Agreement nor do the Parties intend to create through this Agreement a separate legal or administrative entity subject to suit. 3. ADMINISTRATOR. The Kitsap County Coroner and Mason County Coroner, or their designees,will administer this Agreement for each party,and will meet quarterly, or more frequently as needed, for the purpose of reviewing and discussing the operations and performance of the Services and the assigned Navigator. Neither party is intending to assume responsibility or liability for the actions,or failures to act,of the other party and/or their respective employees. 4. SCOPE OF SERVICES. Kitsap, through its Coroner's Office, will provide the Services identified in Attachment A (Scope of Services)which is attached and incorporated in full by reference. All Services will be provided based on Mason County's needs and Kitsap County's available resources. 5. COMPENSATION. Compensation for the Services provided is set forth in Attachment B (Compensation)which is attached and incorporated in full by reference. 6. EFFECTIVE DATE/DURATION. This Agreement shall be effective from the date this Agreement is last executed by both parties shall remain in effect for one (1) year, unless terminated or extended. This Agreement may be extended for additional consecutive one (1) year terms upon the written agreement of the Parties. 7. TERMINATION. Either party may terminate this Agreement upon 15-days prior written notice to the other. 8. PROPERTY. The parties do not anticipate the acquisition of property for the performance of this Agreement and any property acquired by a party during this Agreement shall be held by and remain the property of the acquiring party. 9. NONDISCRIMINATION. No party will discriminate against any person on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status, disability, or other circumstance prohibited by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of 1964,P.L. 88-354 and Americans with Disabilities Act of 1990 in the performance of this Agreement. 10. EFFECTIVE DATE/FILING. This Agreement will take effect when executed by the parties. Prior to its entry into force, this Agreement shall be filed with the Kitsap County Auditor's Office or, alternatively, listed by subject on the web site or other electronically retrievable public source in compliance with RCW 39.34.040. 11. NOTICE.All notices will be delivered in writing to the Kitsap County Coroner or Mason County Coroner. Notice mailed by regular post(including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed.Notices sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 12. COMPLIANCE WITH LAWS. The parties shall comply with all applicable laws, rules and regulations pertaining to them in connection with the Services provided and matters covered in the Agreement. 13. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in the Agreement are made a part of the Agreement as if fully stated in it. 14. COUNTERPARTS. This Agreement may be executed in any number of counterparts,and with facsimile, email or electronic signatures, all of which shall be deemed to constitute one and the same instrument,with each counterpart deemed an original. 15. INDEPENDENT CAPACITY. The employees and agents of each party who are engaged in the performance of this Agreement shall continue to be the employees or agents of that party and shall not be considered, for any purpose, to be employees or agents of the other party to this Agreement.Neither party shall have the authority to bind the other nor control the employees,agents or contractors of the other party to this Agreement.All rights,duties and obligations of a party shall remain with that party. 16. CHANGES, MODIFICATIONS, AND AMENDMENTS. This Agreement may be changed,modified,or amended, only by written agreement executed by the parties hereto. 17. NO THIRD-PARTY RIGHTS. This Agreement is intended to be solely between the parties.No part of this Agreement shall be construed to add,supplement,or amend existing . rights,benefits,or privileges of any third party, including without limitation,employees of either party. 18. ASSIGNMENT. The rights or obligations under this Agreement, and any claims arising thereunder, are not assignable or delegable by either party. 19. WAIVER. A failure by any party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party. 20. SEVERABILITY.The provisions of this Agreement are severable.Any term or condition of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in part, shall not affect any other terms or conditions of the Agreement and the parties' rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision. 21. SURVIVAL. Those provisions of the Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include,without limitation,the respective responsibilities of each party,compensation,and indemnification. 22. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and supersedes any other agreement or understanding of the parties relating to the subject matter of this Agreement. 24. AUTHORIZATION. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. Signatures on next page Dated this day of r,2020 Dated this day of �'� _,2020 MASON COUNTY CORONER'S OFFICE KITSAP COUNTY CORONER'S OFFICE By BY WES STOCKWELL,CORONER —"JEFFREY WALLIS, CORONER O41a : TAn. r-3�zpzo BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KTTSAP COUNTY, WASHINGTON SHARON TRASK, Chair V CHARLOTTE GARRIDO,Chair RANDYNEATHERLIN, 'dice Chair ROBERT G FDER, Commissioner KEVIN SHUTTY, Commissioner EDWXD E.VOLFE,Coiynissioner ATTEST: A EST; 0 AOf I now 44 Melissa Drewry, Clerk of the Board Daniels,C of the Board ' SN� ATTACHMENT A SCOPE OF SERVICES 1. Facilijy. The County maintains a facility in which autopsies and any other postmortem examinations are performed. Some of the supplies and equipment necessary for conducting required examinations include: protective supplies, (such as gowns, gloves, aprons, face shields, boots, and shoe covers); containers for bodies and tissue samples; items used in performance of autopsies (such as syringes, scalpels, scissors, forceps, chisels, knives, saws, and photographic film); and cleaning supplies(such as soaps, detergents,and disinfectants). 2. Kitsap County will provide the following Pathology Services for Mason County which shall include the services identified in the chart below.The associated fees for each service represent the actual cost to Kitsap County for providing the services per deceased. Service Fee(for each deceased person) Autopsy, case evaluation,report $1,500. External examination $600. Autopsy technician services $1,075 $36.22 per hour Transcription services $100. .Facility usage $3,500 Histology cassette services $100 Laboratory Services $75-100 X-Ray $100. Specimen/Tissue Storage $ 3. Transportation of Deceased. Mason County will remain responsible for transportation of the deceased for all purposes. Within three (3) business days of receipt of oral or written notice from Kitsap County that the Services have been completed,Mason County shall have the body of the deceased removed from the Kitsap County Coroner's Office and transported to the funeral home. The body may be picked up from the Kitsap County Coroner's Office between 8:00am and midnight.Pickups outside these hours is not permitted. Failure to remove the body of the deceased within five(5)business days, without the prior consent of the Kitsap County Coroner may result in the assessment of an additional fee of$50 per day. 4. Autopsy/Inspection Photographs. Autopsy/inspection photographs be uploaded by Kitsap County to the Mason County storage site at: FtR://216.235.103.242.Mason County will be responsible for the storage, maintenance, and retention of the photographs. 5. Specimen/Tissue Samples. Specimen and tissue samples will be returned to Mason County for storage and/or destruction. 6. Death Investigations.Mason County will provide its own death investigation services. 7. Personal Property. Mason County will remain responsible for the retention and disposition of all personal property of the deceased as required by law.Any personal property of the decease received by Kitsap County with the body of the deceased will be retained in a safe location until returned to Mason County for disposition. 8. Excluded Services.The following are services not included in the annual compensation amount and will be assessed at an additional fee, when such services are requested by Mason County. The fee charged will be the actual cost to Kitsap County for providing such services. • Transportation services are$200 per incident • Expert consultation services • Testimony and associated costs(e.g.travel) • Death investigation services • External fees for services 9. Jurisdiction. The parties agree that jurisdiction of the body of the deceased is with the County where the death occurred. ATTACHMENT B COMPENSATION Mason County agrees to pay an annual amount of$ 82,500 per year to be paid monthly in the amount of $6,875 for the pathology Services provided by Kitsap County as identified in Attachment A. The annual amount is based on historical data provided by Mason County which may be adjusted during the calendar year to reflect an increase in the number of autopsies requested by Mason County. The excluded and additional fees shall be invoiced as a separate amount and are not included in the annual compensation. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh for Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 644 DATE: 3/3/2020 Agenda Item # 8 �� Commissioner staff to complete) BRIEFING DATE: 2/24/2020 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval to set a public hearing on Tuesday, April 7, 2020 at 9:15 a.m. to inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG) and receive comments on proposed activities specifically funding the Community Action Council of Lewis, Mason &Thurston Counties (CAC), as well as receive comments on the 2019 program. Background: Mason County coordinates with the CAC on an annual basis to apply for, receive, and provide services through a PS-CDBG administered by the Washington State Department of Commerce (DOC). In 2019, as with subsequent years, the $105,732 of funding was used to provide service referrals for a minimum of 6,000 individuals in Mason and Lewis counties of which a minimum of 3060 must meet HUD's 51% income qualification and provide direct services and referrals for a minimum of 300 child victims. This year's allotment is $102,225 of which $3,500 will be used to off-set a portion of our administration costs. As a part of the PS-CDBG application process applicants are required to solicit public input on the proposed activities and services to be provided as well as receive comments on current programming. This citizen input is to be solicited at a published Public Hearing. Recommended Action: Approval to set a public hearing on Tuesday, April 7, 2020 at 9:15 a.m. to inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG) and receive comments on proposed activities specifically funding the Community Action Council of Lewis, Mason &Thurston Counties, as well as receive comments on the current 2019 program. Attachment(s): Eligible CDBG Public Service Activities 2020 Proposed CDBG Public Service Grant Amounts CDBG Fact Sheet J.I Grants I CDBG Public Service Grantl2020-20211 Application Agenda Item Summa ry- 2020Action.doc NOTICE OF PUBLIC HEARING PUBLIC SERVICE-COMMUNITY DEVELOPMENT BLOCK GRANT NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in the Commission Chambers at Mason County Building I, located at 411 N. 5th Street, Shelton, Washington, on Tuesday, April 7, 2020 at 9:15 AM. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from lower income persons residing in the Mason County area. $102,225 is proposed to be available annually to the County and the Community Action Council of Lewis, Mason and Thurston Counties to fund public services that principally benefit low- to moderate-income persons. An overview of the proposed public services will be available for review at the Mason County Commissioners' Office located at 411 N. 5th Street, Shelton, Washington from March 3, 2020 through March 31, 2020 and on Mason County's website — www.co.mason.wa.us. Comments may also be submitted in writing to the Mason County Commissioners, 411 N. 5th Street, Shelton, WA 98584. Comments will be accepted until March 27, 2020. Comments on Mason County's and Community Action Council of Lewis, Mason and Thurston Counties program's past performance and use of 2019 CDBG Public Services Grant will also be received. The Commission Chambers is handicap accessible. Arrangements to reasonably accommodate special needs, including handicap accessibility or interpreter, will be made upon receiving twenty-four (24) hour notice. Contact the Commissioners' Office at 360-427-9670 Ext. 419, 411 N. 5th Street, Shelton, WA 98584. ELIGIBLE ACTIVITIES CDBG eligible activities can be found in the Code of Federal Regulations: Title 24-Housing and Urban Development, Chapter V, Part 570, C, Section 570.201 on page 40 of this guide. Further definitions of CDBG eligible public services and specific guidance on housing-related services are also in this guide. To be CDBG eligible, the service must meet the following five criteria: 1. Be on HUD's list of public services, or be a substantially similar service and not on the list of ineligible public services. 2. Be identified as a new service or an increased/improved level of service. See instructions to this application's Project Description and LMI Benefit Table for definitions. 3. Be directly linked to delivery of a specific service to a client. 4. Principally benefit low- and moderate-income (LMI) persons. See instructions to this application's Project Description and LMI Benefit Table for more information. The current Income Limits chart is on the CDBG website under Guidance Materials and LMI is up to 80% of median household income by family size. 5. Target residents of CDBG non-entitlement areas (outside of CDBG entitlement cities). The state CDBG program cannot fund activities that benefit residents in CDBG entitlement cities, since these cities receive CDBG funds directly from HUD. The ineligible CDBG entitlement cities, located in eligible state CDBG counties are: Anacortes Longview Walla Walla Bellingham Mount Vernon Wenatchee East Wenatchee Pasco Yakima Kennewick Richland INELIGIBLE ACTIVITIES In general, any activity not described above is not eligible. Specifically, Public Services Grants cannot fund: 1. Activities and administrative costs eligible under another CDBG fund, such as: • Planning and community organization activities, not directly linked to the delivery of an eligible public service to a client. Unlike CSBG, CDBG cannot fund general outreach activities or partnership building activities, unless you can count and report on the clients receiving a direct service from those activities. • Housing rehabilitation, including weatherization • Facility acquisition, construction or renovation 2. Administrative costs for the general management of the organization 3. Lobbying and political activities 4. Direct payments to individuals for their food, clothing, utilities or other income payments. (Income payments or emergency vouchers paid to a third party for no more than three consecutive months may be eligible.) 5. New housing construction costs, including administration of new housing development programs Contact Jeff Hinckle at (360) 725-3060 or*eff.hinckle(cD_commerce.wa.gov if you have any questions. 2020 CDBG PUBLIC SERVICES GRANT AMOUNTS -proposed COUNTY SUBRECIPIENT—SERVICE PROVIDER GRANT GRANT TOTAL CONTRACT# COMMUNITY ACTION PROGRAM SERVICE AREA (including county administration) Asotin Asotin10-001 Community Action Partnership Asotin $38,673 Benton Benton10-002 Benton Franklin Community Action Connections Benton, Franklin $66,381 Chelan Chelan10-003 Chelan-Douglas Community Action Council Chelan, Douglas $61,155 Cowlitz Cowlit10-004 Lower Columbia Community Action Council Cowlitz, Wahkiakum $69,179 Grant Opportunities Industrialization Center Adams, Grant $120,684 20-62210-005 Grays Harbor Grays Coastal Community Action Program Grays Harbor, Pacific $107,761 Jefferson 20 erson-007 Olympic Community Action Programs Clallam, Jefferson $110,321 Kittitas 20titas -008 HopeSource Kittitas $84,239 Klickitat 20ckitat -009 Washington Gorge Action Programs Klickitat, Skamania $70,845 Mason 0 20-62210-010 CAC of Lewis, Mason and Thurston Counties Lewis, Mason $102,225 Okanogan Okano10-011 Okanogan County Community Action Council Okanogan $84,171 Skagit 20-62210-012 Community Action of Skagit County Skagit $62,168 Stevens Ferry, Lincoln, Pend 20-62210-013 Rural Resources Community Action Oreille, Stevens $90,685 Walla Walla Columbia, Garfield, 20-62210-014 Blue Mountain Action Council Walla Walla $44,475 Whatcom Opportunity Council Island, San Juan, $131,227 20-62210-015 Whatcom Whitman Whitm10-016 Community Action Center Whitman $100,203 Yakima 20-62210-017 Northwest Community Action Center Yakima $155,608 TOTAL $1,500,000 J�!�t Local Government Division Department of Corrirnerce Community Development Block Grant Strengthening rural communities • I 1 1 lt.�' 'm that benefit low- and moderate-income persons GENERAL PURPOSE GRANTS $9,000,000 Q OUR CORE PURPOSE For planning or construction of public infrastructure,community facilities,affordable Grow and improve jobs in Washington housing,and economic development projects. State by championing thriving Competitive. Maximum grant up to$750,000 based on project type. Application communities,a prosperous economy, materials available in March and due in June. and suitable infrastructure. ECONOMIC OPPORTUNITY GRANTS $1,000,000 O PROGRAM CONTACT Kaaren Roe For state and local priority projects resulting in economic resilience and development Section Manager in rural communities. Local Government Division Competitive. Application materials available in July and accepted after the state 360.725.3018 Capital Budget is approved. kaaren.roe@commerce.wa.gov HOUSING ENHANCEMENT GRANTS $200,000 Q ELIGIBILITY GUIDELINES: For off-site infrastructure or the community facility component of a state Housing Eligible applicants are Washington State Trust Fund project. cities/towns with less than 50,000 in Competitive. Maximum grant generally$200,000. Application materials available in population and not participating in a CDBG July and accepted with a HTF Stage 2 application. entitlement urban county consortium;and counties with less than 200,000 in PUBLIC SERVICES GRANTS $1,500,000 population.Eligible cities/towns and For 17 counties and community action agencies to fund new or expanded services for counties are listed on the CDBG website, lower income persons. Allocated by formula based on population and poverty. Application materials Special purpose districts,public housing available in February and due in April. authorities,community action agencies, economic development councils,other non-profit organizations,and Indian tribes HUD NATIONAL OBJECTIVES are not eligible to apply directly to the state CDBG Program for funding,but may CDBG project activities must meet one of three HUD National Objectives: be a partner in projects and subrecipient • Principally benefits low-and moderate-income(LMI)persons of funding with an eligible city/town or ■ Aids in the prevention or elimination of slums or blight county applicant. ■ Addresses imminent threat to public health or safety 1011 Plum Street SE,Olympia,WA 98504 htt :jwww.commercg.%va.go ccdbg 1/10/18 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: 3/03/20 Agenda Item # 13 Commissioner staff to complete) BRIEFING DATE: 2/24/20 BRIEFING PRESENTED BY: Michael MacSems [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Memorandum of Agreement Between the US Army Corps of Engineers and the Washington State Historic Preservation Officer. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County is being asked to sign on as a concurring party, to a MOA between the US Army Corps and the Washington State Historic Preservation Officer concerning mitigation for the demolition of the historic Olympia Oyster Company oyster house on Totten Inlet that will benefit the Sargent Oyster House restoration in Allyn. Two MCHPC members were involved in the negotiations (Russ Sacket and Ed Huber, who both have professional experience in these matters) and they say this is a good document that does not obligate the County to do anything. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: For the Chair to sign the MOA. ATTAC H M E NTS: MOA and email from Tim Whitehead and Russ Sackett. Action Item Summary Form MOA.doc Michael MacSems From: Tim Whitehead Sent: Monday, February 03, 2020 1:53 PM To: Michael MacSems Subject: RE: HPC/BOCC Memorandum of Agreement Vetting Michael, I apologize for the delay in getting to this. I don't take issue with Mason County signing the MOU. Let me know if you'd like to discuss. Thanks. Timothy W.Whitehead Mason County Prosecutor's Office Chief Deputy Prosecuting Attorney P: (360)427-9670 ext.417 F: (360) 427-7554 -----Original Message----- From: Michael MacSems Sent:Tuesday,January 21, 2020 9:37 AM To:Tim Whitehead <TimW@co.mason.wa.us> Cc: Russell Sackett<rufiunis@aol.com> Subject: HPC/BOCC Memorandum of Agreement Vetting Tim, A few months ago the MCHPC was invited to serve in an advisory capacity on a permit being reviewed by the Army Corps regarding the demolition of a historic oyster processing facility in Mason County.The result is a Memorandum of Agreement between the Army Corps,the Washington State Historic Preservation Officer, and the applicant.A number of other agencies, including Mason County, are being asked to sign the agreement as "Concurring Parties". For more background on this, I asked Russ Sackett (who is a HPC member and a historic preservation professional)to explain the County's liability for signing the MOA. He says there is none liability. Russ's comments are below. I need to brief the BOCC on this once any concerns that you may have, have been resolved. Thank you, Michael Michael, As a Certified Local Government(CLG),one of Mason County Historic Preservation Commission's(MCHPC) responsibilities is to consider local interests under Section 106 of that Act. Section 106 requires federal agencies to consider what affect their undertakings may have on historic properties and provide the Advisory Council on Historic Preservation (ACHP) an opportunity to comment. The Act created the State Historic Preservation Officers, among other 1 responsibilities,to have state interests considered in Section 106. ACHP has given the SHPOs authority to act on its behalf on matters of Section 106. The SHPO, under the CLG program provides local governments the ability to have its historic preservation interests considered in the Section 106 process. The Army Corp of Engineers invited MCHPC, as a CLG,to participate in the Section 106 development of the Memorandum of Agreement(MOA)to address adverse effects proposed on the Olympia Oyster Company property. Although the project is a private entity, a COE permits is required which kicks in Section 106. MCHPC participated in the process as a "consulting party," meaning a party of interest without any legal obligations resulting in the agreed upon MOA stipulations. The county's signature on the MOA indicates that the county's historic preservation interest were considered and that the county concurs with the MOA. There are no obligations placed on the county per this MOA. Hope this helps, a little winded but think hits main points. Let me know if you need more. Russ Michael MacSems Planner/Subdivisions and Forest Practices 360-427-9670 ext. 571 mms@co.mason.wa.us z National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. MEMORANDUM OF AGREEMENT BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER SUBJECT: National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant, Shelton, Mason County, Washington, U.S. Army Corps of Engineers, Corps Reference Number USACE NWS-2018-570. 1. WHEREAS,the U.S.Army Corps of Engineers (Corps), Seattle District Regulatory Branch received a Department of Army(DA)permit application from the Olympia Oyster Company (OOC)associated with the Shelton Oyster Shucking Plant Replacement Project(the Project) located on private land in Shelton at 1042 SE Bloomfield Road, at Sec 21, T19N,R03W, Summit Lake USGS 7.5' quadrangle,Mason County, Washington; and 2. WHEREAS,the Corps is the only Federal agency involved in the undertaking and a Department of the Army permit,pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act,would be required from the Corps to conduct activities related to the construction of the undertaking;and 3. WHEREAS,the Corps'issuance of such a permit is subject to review under Section 106 of the National Historic Preservation Act, 54 U.S.C. 306108 (NHPA);and 4. WHEREAS,proposed project involves the demolition and replacement of the historic 1954 Shelton Oyster Shucking Plant, construction of two additional pier, ramp, and float systems, replacement of an existing bulkhead,and the extension of a breakwater,removing the existing overwater structures,removing concrete and creosote debris,and removing a"grid"structure and placing beach nourishment;and 5. WHEREAS,the area of potential effects (APE) includes all areas of permitted in-water activity, including upland areas where work is directly associated, integrally related,and would not occur but for the in-water authorized activity associated with the DA permit,which includes the entire construction footprint of the project; and 6. WHEREAS,a report has been prepared identifying known and potential historic properties associated with the Undertaking,titled: Cultural Resources Assessment for the Shelton Oyster Shucking Plant Project, Mason County, WA,dated May 31,2018 and by Corps'letters to SHPO dated May 29,2019, and SHPO's response letter dated May 29,2019,and these documents are incorporated into this MOA by reference; and 7. WHEREAS,the Corps identified one historic property within the APE,the 1954 Shelton Oyster Shucking Plant(Property No. 715648); and Page 1 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. 8. WHEREAS,the Washington State Department of Archaeology&Historic Preservation (DAHP),also known as the Washington State Historic Preservation Officer(SHPO),concurs that the 1954 Shelton Oyster Shucking Plant is a National Register of Historic Places(NREP)- I eligible historic property; and 9. WHEREAS,the Project would have an adverse effect on the 1954 Shelton Oyster Shucking Plant; and 10. WHEREAS,background research and archaeological survey did not reveal the presence of any archaeological materials; and 11. WHEREAS, in addition to OOC and SHPO,the Corps notified the Confederated Tribes of the Chehalis Reservation,the Squaxin Island Tribe(SIT),the Port Gamble S'Klallam Tribe,the Skokomish Tribe,the Suquamish Tribe,Mason County(MCHPC),Mason County Historical Society,North Bay Historical Society(NBHS), and the Washington Trust for Historic Preservation(WTHP)about this Project;and 12. WHEREAS,the SHPO, OOC, SIT,MCHPC,NBHS, and the WTHP expressed a desire to consult on this Section 106 MOA,and are hereafter referred to as"the Consulting Parties"; and 13. WHEREAS,the Corps notified the Advisory Council on Historic Preservation(Council) of its adverse effect determination and the Council has not opted to participate in the consultation; and 14. WHEREAS,because of its role and responsibilities as the applicant for the DA permit, the Corps has invited OOC to sign this MOA as an invited signatory; and 15. WHEREAS,based on their stated interest,the Corps has invited MCHPC,NBHS,and WTHP to sign this MOA as concurring parties; and 16. WHEREAS,the Corps has consulted with the Consulting Parties in accordance with Section 106 of the NEPA to resolve the adverse effects of the undertaking on historic properties; NOW,THEREFORE,the Corps and SHPO (collectively the"Parties"and individually the "Party")agree that should the undertaking move forward to construction,the following Corps- enforced stipulations shall resolve adverse effects to historic properties associated with the undertaking,and that these stipulations shall govern the Project and all of its parts unless this MOA expires or is terminated. Stipulations The Corps shall ensure that the following stipulations are implemented: I. Sargent Oyster Company Oyster Processing House. The Sargent Oyster Company Oyster Processing House(SOCOPH) is a NRNP-eligible building,relocated to Port of Allyn land, in Page 2 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. the process of being rehabilitated by the NBHS for the purpose of turning it into a museum showcasing the regional oyster industry.Prior to initiating demolition of the Shelton Oyster Shucking Plant, OOC will provide$40,000 to the NBHS to be used for the historic benefit (e.g.,Preservation,Rehabilitation,Restoration,Reconstruction,Documentation, Outreach, Operation, etc.)of the SOCOPH. OOC will transfer agreed-upon funds to the NBHS to administer. OOC's responsibility under this Stipulation will be complete once the agreed- upon funding has been transferred and the Corps receives confirmation from OOC and NBHS.NBHS has agreed to provide the SHPO an opportunity to review and approve any and all preservation,rehabilitation,restoration,reconstruction, and documentation plans, drawings, and specifications associated with the $40,000 funding provided by OOC before implementation. II. On-line Essay. Prior to demolition of the Shelton Oyster Shucking Plant, OOC will commission a new on-line essay regarding the history of the OOC on HistoryLink (http://www.historylink.oro or a suitable alternative approved by the Corps and DAHP. The essay will be a feature article/essay and accompanied by photographs, and/or images that serve to illustrate the text. The SHPO and other interested consulting parties shall be afforded an opportunity to review and comment on the draft essay,but final editorial control rests with the organization contracted with to produce the essay. OOC's responsibility under this Stipulation will be complete when it notifies the Consulting Parties by email and provide a link to the material after it is online and available for public viewing. III. Donation of Memorabilia. OOC, in consultation with and as agreed-upon by the NBHS, shall implement a donation of surplus antique oyster industry equipment and other related memorabilia to the NBHS for the purposes of expanding their collection of archival material suitable for display and interpretation at the SOCOPH Museum. These items will help the museum to interpret the through-put of the oyster industry from propagation,harvest, and distribution. OOC will make a list of the items accepted by and donated to NBHS and email it to the Consulting Parties. OOC's responsibility under this Stipulation will be complete once the surplus equipment and memorabilia has been transferred and the Corps receives confirmation from OOC and the NBHS. IV.DAHP Documentation. Within one year of the DA permit issuance date and in consultation with the SHPO and other interested consulting parties, OOC shall provide the SHPO with a DAHP Level II Mitigation Documentation(see https://dahp.wa.gov/sites/default/files/DABP MitigationDocumentationStandards.pdf) as a permanent record of the 1954 Shelton Oyster Shucking Plant. The documentation shall be prepared by a cultural resource professional meeting NPS Professional Qualifications Standards in the Architectural History or History areas of expertise. The final product shall incorporate all elements as defined by the Level II Mitigation Documentation Requirements (referenced above)and in consultation with the SHPO. Specific topics/research questions to be addressed in the documentation shall include,but not be limited to, OOC association with architects Wohleb and Wohleb; changes and additions to the building over time; as well as how the company's business practice and production process shaped the building's design and changes. OOC shall email to the SHPO and other interested Consulting Parties at least Page 3 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. one draft of the documentation(in Microsoft Word format)to review. OOC shall revise the draft digital copy in consideration of the comments received on the draft(s). After final approval by SHPO, OOC will email the Consulting Parties a digital PDF copy and upload it to WISAARD. V. Public Presentation. In consultation with the SHPO and other interested and appropriate parties, OOC shall plan, coordinate,advertise,and implement at least two public presentations on a topic(s)related to the history of the Washington State oyster industry. The presentation(s)shall be given by qualified individual(s)with expertise in engineering history, architectural history,historic preservation planning, and/or other closely related fields. The presentation(s)shall be given at location(s),time(s)and date(s)that will maximize public participation. The Mason County Historical Society and the Olympia Historical Society have expressed an interested in hosting the presentation. The Corps, SHPO and other interested parties shall be afforded an opportunity to preview the presentation and be notified and invited to attend. VI.Yearly Status Updates. At least once a year, from the date of the DA permit issuance date, OOC will email a yearly status update to the Consulting Parties detailing the current status of any incomplete Stipulation,which will include any scheduling changes proposed, any problems encountered,and any disputes and objections. VII.Administrative Stipulations a. Should any signatory or concurring party to this MOA object at any time to any actions proposed or the manner in which the terms of this MOA are implemented,the Corps shall consult with such party to resolve the objection. If the Corps determines that such objection cannot be resolved,the Corps will: 1) Forward all documentation relevant to the dispute, including the Corps' proposed resolution,to the Council. The Council shall provide the Corps with its advice on the resolution of the objection within thirty(30)days of receiving adequate documentation.Prior to reaching a final decision on the dispute,the Corps shall prepare a written response that takes into account any timely advice or comments regarding the dispute from the Council, signatories and concurring parties, and provide them with a copy of this written response. The Corps will then proceed according to its final decision. 2) If the Council does not provide its advice regarding the dispute within the thirty (30)day time period,the Corps may make a final decision on the dispute and proceed accordingly.Prior to reaching such a final decision,the Corps shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and concurring parties to the MOA,and provide them and the Council with a copy of such written response. Page 4 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. 3) The Corps' responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. b. At any time during implementation of the measures stipulated in this MOA, should an objection to any such measure or its manner of implementation be raised by a member of the public regarding historic preservation,the Corps shall take the objection into account and consult as needed with the objecting party,the SHPO, or the Council to determine how best to address the objection. c. The contact information for each signatory to this MOA may be updated,which shall not be considered an amendment to this MOA. An electronic message(email)exchanged among the contacts, indicating the updated information, shall be sufficient provided the signature authority for each Party is included in such communication. d. If the terms of this agreement have not been implemented within five years of the DA permit issuance date,this agreement shall be considered null and void,unless the signatories agree in writing to an extension for carrying out its terms. If this agreement is considered null and void,the Corps shall so notify the parties to this agreement, and if OOC chooses to continue with the undertaking, shall re-initiate review of the undertaking. e. Any signatory to this agreement may propose to the Corps that the agreement be amended,whereupon the Corps shall consult with the other parties to this agreement to consider such an amendment. This MOA will be amended when such an amendment is agreed to in writing by all signatories. The amendment will be filed with the Council and go into effect on the date of the last signature from signatories. f. If the Corps determines that it cannot implement the terms of this agreement, or if any signatory determines that the agreement is not being properly implemented, such party may propose to the other parties to this agreement that it be terminated. The party proposing to terminate this agreement shall so notify all parties to this agreement, explaining the reasons for termination and affording them at least 30 days to consult and seek alternatives to termination. The parties shall then consult. Should such consultation fail,the Corps or other signatory party may terminate the agreement by so notifying all parties. Should this agreement be terminated,the Corps shall either: (1)consult to develop a new MOA;or(2)request the comments of the Council. g. Execution(signature)of this MOA by the Corps and SHPO and implementation of its terms evidence that the Corps has taken into account the effects of this undertaking on historic properties and afforded the Council an opportunity to comment. Page 5 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. SIGNATORY PARTY U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT Date: Mark A. Geraldi Colonel, Corps of Engineers District Commander Contact Information: Lance Lundquist Cultural Resources Program Manager Regulatory Branch US Army Corps of Engineers, Seattle District P.O.Box 3755 Seattle WA 98124 Voice: (206) 764-6909 Email: Cultural.Resources@usace.army.m i I Note: Signatures continued on next page. Page 6 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. SIGNATORY PARTY WASHINGTON STATE HISTORIC PRESERVATION OFFICER Date: Allyson Brooks,Ph.D. State Historic Preservation Officer Contact Information: Greg Griffith Department of Archaeology and Historic Preservation Post Office Box 48343c Olympia, Washington 98504-8343 Voice: (360) 586-3073 E-mail: Greg.Griffith@DAHP.WA.GOV Note: Signatures continued on next page. Page 7 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. INVITED SIGNATORY PARTY OLYMPIA OYSTER COMPANY Date: Tim McMillin Olympia Oyster Co. Contact Information: Tim McMillin Olympia Oyster Co. 1042 S.E. Bloomfield Rd. Shelton, WA 98584 Voice: (360)426-3354 Email: tbm@olympiaoyster.com Note: Signatures continued on next page. Page 8 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. CONCURRING PARTY MASON COUNTY HISTORIC PRESERVATION COMMISSION Date: Sharon Trask Mason County Board of Commissioners 411 N 5th St. Shelton, WA 98584 Contact Information: Michael MacSems Mason County Historic Preservation Commission 615 W Alder St. Shelton, WA 98584 Voice: (360)427-9670 ext. 571 E-mail: Mms@co.mason.wa.us Note: Signatures continued on next page. Page 9 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. CONCURRING PARTY NORTH BAY HISTORICAL SOCIETY Date: Bonnie Knight President Contact Information: Bonnie Knight, President North Bay Historical Society P.O. Box 1313 Allyn, WA 98524 Voice: (360) 801-1064 E-mail: bknighthome@aol.com Note: Signatures continued on next page. Page 10 of 11 National Historic Preservation Act Section 106 Memorandum of Agreement for Resolution of Adverse Effects to the Olympia Oyster Company Shelton Oyster Shucking Plant,Shelton,Mason County,Washington,U.S.Army Corps of Engineers,Corps Reference Number USACE NWS-2018-570. CONCURRING PARTY WASHINGTON TRUST FOR HISTORIC PRESERVATION Date: Chris Moore Executive Direction Contact Information: Jennifer Mortensen, Preservation Services Coordinator Washington Trust for Historic Preservation Stimson-Green Mansion 1204 Minor Avenue Seattle, Washington 98101 Voice: (206) 624-9449 E-mail:jmortensen@preservewa.org Note: End of signature pages Page 11 of 11 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Todd Parker Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: _293_ COMMISSION MEETING DATE: 3/3/20 Agenda Item # g �� Commissioner staff to complete) BRIEFING DATE: 8/5/19 and 8/12/19 BRIEFING PRESENTED BY: Todd Parker [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Local Document Recording Fees 2060—Affordable Housing Background: Contract has been approved to form by legal and the insurance by risk management. Award letter was approved to Quixote Communities in the amount of$190,000 toward the veteran tiny home village. RECOMMENDED ACTION: Approval of contract QC.2060.2020.1 with Quixote Communities in the amount of $190,000 to support new building for the veteran home village. Attachment(s): Contract I:\Community Services-Public Health\PH_03.03.20 C.Action Agenda QC contract.doc 1 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT #QC.2060.2020.1 THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Quixote Communities, hereinafter referred to as "CONTRACTOR." Contracted Entity Quixote Communities Address 3350 Mottman Rd SW City, State, Zip Code Olympia, WA 98512 Phone 360-791-8999 Primary Contact: Name, Title Ja cie Osterberg, Executive Director Primary Contact: E-mail jaycie.osterberg@quixotevillage.com Washington State UBI# 602 769 241 Federal EIN 32-0243330 DUNS# 034193489 Total 2060 Funds Awarded $190,000 Total 2163 Funds Awarded none Total Award/Contract Value $190,000 Performance Period January 1, 2020 — December 31, 2020 Contract Expiration Date December 31, 2020 PURPOSE: The purpose of this contract is to assist the COUNTY in providing and/or maintaining affordable housing units pursuant to RCW 36.22.178 and the COUNTY'S Affordable Housing Acquisition and Preservation Program. COUNTY and CONTRACTOR, as defined above, acknowledge and accept the terms of this contract and EXHIBITS and have executed this contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this contract are governed by this contract including Special Conditions, General Terms and Conditions, Exhibits, and the following other documents incorporated by reference: RFP Application, instructions and disclosures. RECITALS: WHEREAS, COUNTY desires to retain a person or firm to provide the following service: homeless housing, affordable housing and housing services that benefit low-income (less than 50% AMI), homeless and at-risk of homelessness residents residing in Mason County and detailed in "Exhibit A Scope-of-Work;" and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services and WHERAS, a tiny home village is non-existent in Mason County and the veteran tiny home village is supported through the state capital budget and a land lease agreement with the City of Shelton; NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: 2 Special Conditions Funding Source: Revenue from document recording fees as allowed per 2002 Substitute House Bill (SHB) 2060 (RCW36.22.178). Funding Distribution: CONTRACTOR agrees that no advancements of funds will be made, and all payments will follow the invoice and reimbursement process of MASON COUNTY. The completion date for the new construction of tiny homes is on or before the contract expiration date of business December 31, 2020. The CONTRACTOR has within thirty (30) days from this date to submit all invoices for payment. CONTRACTOR agrees that all unspent funds during the performance period are forfeited upon the expiration date of the contract. CONTRACTOR to provide the documentation and invoices as required and detailed in "Exhibit C Compensation." Should CONTRACTOR fail to properly report, ensure permits are obtained and document allowable expenses COUNTY will require CONTRACTOR to repay unaccounted for funds within 30 days of request from COUNTY. Should CONTRACTOR fail to submit any reports, including the final report and/or invoices as detailed in "Exhibit C Compensation" COUNTY reserves the right to disqualify CONTRACTOR as an eligible contractor for subsequent funding programs. Required Assurances from Request for Proposal: Fair Housing and Affirmative Marketing-All housing construction, purchase or rental projects must comply with the following federal fair housing laws, including but not limited to: Title VI of the Civil Rights Act of 1964 as amended; The Fair Housing Act; Equal Opportunity in Housing Act; and Age discrimination act All housing projects must adopt affirmative marketing procedures in compliance with federal and county policy. An affirmative marketing plan must be provided. The plan must, to the greatest extent possible, provide information to the public and potential tenants that may be underserved in the community. Accessibility-All projects must comply with the accessibility laws, including the Americans with Disabilities Act and Fair Housing Act. Financial Management-CONTRACTOR must comply with all relevant accounting/financial standards and have a management system in place that can demonstrate cost reasonableness. 3 Contract Number CONTRACTOR must include/reference the Contract# on all invoices, reports and other documents pertaining to this CONTRACT. General Conditions Scope of Services: The CONTRACTOR agrees to provide to COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by the COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT begins January 1, 2020 and ends December 31, 2020. Allowed expenses incurred during this performance period may be billed to this CONTRACT within thirty (30) days of the contract expiration without regards to the actual date of CONTRACT execution. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACT total value not to exceed $190,000. Taxes: CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify the COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. The COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which the COUNTY does not hold title. The COUNTY is exempt from Federal Excise Tax. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall 4 not be deemed a breach entitling CONTRACTOR to termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. The COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent CONTRACTOR, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit "C" and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless the COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 5 Assignment and Subcontracting: The performance of all activities is the sole responsibility of the CONTRACTOR. CONTRACT Scope of Work may be assigned or subcontracted. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by the COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of j employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any 6 service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-contractors, in connection with performance of this CONTRACT, shall be the sole and absolute property of COUNTY. CONTRACTOR further agrees to make research, notes, and other work products produced in the performance of this CONTRACT available to COUNTY upon request. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of the COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: Contractor agrees to have and maintain the policies set forth in Exhibit B entitled "INSURANCE REQUIREMENTS," which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the COUNTY as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. Verification of Coverage: Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to COUNTY prior to the execution of this CONTRACT. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Additional Insurance Requirements and Stipulations: CONTRACTOR is required to provide insurance as detailed and stipulated in "EXHIBIT B Insurance Requirements." Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or 8 otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Provider's initials acknowledging indemnity terms: Participation by County — No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify the COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Director of the Mason County Community Services Department and his or her designees, as COUNTY's representative, hereinafter referred to as the Administrative Officers, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The designated Administrative Officers for purposes of this CONTRACT is: Program Lydia Buchheit, Manager Mason County Community and Family Health 415 N. 6th Street Phone: 360-427-9670 Ext. 293 Fax: 360-427-7787 E-mail: lydiab@co.mason.wa.us Submit all reports/forms to caseybCa.co.mason.wa.us 9 Financial: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@co.mason.wa.us; Submit all reports/forms to caseyb(a)-co.mason.wa.us Contractor Contact Information: Jaycie Osterberg, Executive Director Quixote Communities 360-791-8999 Jaycie.osterberg@quixotevillage.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer's designees under this CONTRACT. Notice to CONTRACTOR for all purposes under this CONTRACT shall be given to the address provided by CONTRACTOR herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the U.S. mail. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Duplicate Payment: The COUNTY shall not pay CONTRACTOR, if the CONTRACTOR has charged or will charge any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. If it is determined that CONTRACTOR has received duplicate payment, the CONTRACTOR must pay back the COUNTY for these expenses. Contract Close out: Final payment is contingent upon the CONTRACTOR'S ability to provide the COUNTY with all invoices and work product as outlined in Exhibit A: SCOPE OF WORK and Exhibit C: COMPENSATION by the contract term end date. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. 10 If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the Contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the CONTRACT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer or COUNTY, or (2) the happening of any event or occurrence, unless CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. Detailed Claim: CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 11 Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Special Conditions D. General Conditions 12 Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, including the Request for Proposals issued April 9, 2019 and the submitted proposals, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Exhibits: Exhibit A Scope-of-Work and Deliverables Exhibit B Insurance Requirements Exhibit C Compensation Exhibit D Work Estimate IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. Quixote Communities Mason County Community Services Department Jaycie Osterberg, Executive Director Sharon Trask, Chair Mason County BOCC Dated: Dated: APPROVED AS TO FORM: Tim Whitehead, Chief DPA 13 EXHIBIT A SCOPE OF WORK and Deliverables 1. The Scope of Work includes New Building, New Construction Contingency and associated taxes as outlined in the budget of the Request for Proposal and the excerpt placed in Exhibit D: Work Estimate. New Building includes 30 tiny homes (modular construction off-site, transported and installed on-site), community building (modular construction off-site, transported and installed on-site), concrete foundations for all buildings, grading, installation of utilities, sidewalk and parking lot construction. 2. The project served individuals and/or households at or below 50% Area Median Income. 3. CONTRACTOR is required to acquire and follow all code and permit requirements associated with the manufacturing, transportation, on-site installation, and building of the tiny homes for the veteran village. 4. DELIVERABLES: All invoices and documentation must be submitted within thirty (30) days of the contract expiration date of December 31, 2020 to close out this contract. a. Provide a certificate of Insurance within thirty (30) days of when contract is signed that meets the requirements in Exhibit B: Insurance Requirements. b. Invoices of allowable expenses that includes this contract number, date of work, details of materials and labor connected to the manufacturing and installation as noted above that incur during the performance period of this contact; and c. Final inspection demonstrating project completion. 14 EXHIBIT B INSURANCE REQUIREMENTS Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. 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. 4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. 5. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. a. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the COUNTY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the COUNTY. 6. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR r, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. MINIMUM SCOPE AND LIMIT OF INSURANCE Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The COUNTY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an 15 endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). 2. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the COUNTY. 3. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 4. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY or must specifically allow the named insured to waive subrogation prior to a loss. 5. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 6. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 7. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 8. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR, indemnifying party and/or any subcontractor, is intended to apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. Builder's Risk(Course of Construction) Insurance Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the COUNTY as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the COUNTY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the COUNTY's site. 16 EXHIBIT C COMPENSATION 1. Payment is for reimbursable expenses and follows the vendor payment cycle of Mason County Auditor's Office. 2. CONTRACTOR must include/reference the Contract Number on all documents submitted pertaining to this CONTRACT. 3. The approved budget which details the expenses that CONTRACTOR can use CONTRACT funds for are approved in an amount not to exceed $190,000. 4. Invoicing: a. Copy of accepted bid, work estimate, or signed agreement must be included with the signed MASON COUNTY contract b. Invoices of allowable expenses that includes this contract number, date of work, details of labor, materials and new construction contingency connected to the manufacturing and installation (i.e. new building and new construction contingency) incurred during the performance period of this contact c. Receipts of expenses attached d. Final fiscal close out report demonstrating project completed e. All invoices must be submitted within thirty (30) days of the contract expiration date of December 31, 2020. 5. Budget Revisions: a. CONTRACTOR must submit a written request to the COUNTY for any budget modifications prior to using program funds for expenses outside of the approved budget. b. Modification request must include a justification and be submitted with a revised budget that reflects the funds use adjustment. c. COUNTY will notify CONTRACTOR of modification decision in writing. d. The revised budget as submitted and approved by COUNTY will be appended to this CONTRACT without the need for a formal CONTRACT amendment. 6. Procurement: CONTRACTOR is required to procure goods and services in alignment with Washington State procurement standards. 17 EXHIBIT D PROPOSED WORK ESTIMATE Shelton Veterans j B1age-01rerall Budget Total ProjectFederal Cost Housing Finance Home Loan Mason Unit Back County Acquisition Costs: Land Es-ting Structures Liens Closing,Title d Recording Costs $ 5,000 $ 5,000 Extension payment Other: SUBTOTAL S 5,000 $ 5,000 $ - $ - Construction: Demolition -ex Building $ 2,550,152 $ 1,880,640.00 $ 501,162 $ 168,350 Rehabilitation Contractor Profit Contractor(h-erhead New Construction Contingency 15% $ 260,026 $ 188,064.00 $ 55,127 $ 16,835 Rehab Contingency 0% Accessory Building Site Work 1 Infiastruc ure: $ - Off site Eafiastructure $ 50,112 $ 50,112 En-ironmental Abatement-Building Entirommp*tal Abatement-Land Saws Tax S 228,823 $ 165,496 $ 48,512 $ 14,815 Appliances S 10,000 $ 10,000 Fuuvihue $ 55,086 $ 55,086 PSE Transformer S 30,000 $ 30,000 il3afeui3l testing SUBTOTALS 3,1847199 $ 2-274,200 $ 710,000 $ 200,000 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: March 3, 2020 Agenda Item # 5 Commissioner staff to complete) BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval for the Chair to sign the Declaration in Support of Motion to Intervene regarding two recent decisions by the State of Washington, Board of Natural Resources and DNR— Sustainable Harvest Calculation and the Long-Term Conservation Strategy for the Marbled Murrelet. Background: Mason County has joined in a lawsuit along with numerous other trust beneficiaries who are concerned with the apparent mismanagement of forestlands held in trust by DNR. Budget Impacts: Potential revenue shortfall from DNR trust forestlands RECOMMENDED ACTION: Approval for the Chair to sign the Declaration in Support of Motion to Intervene regarding two recent decisions by the State of Washington, Board of Natural Resources and DNR — Sustainable Harvest Calculation and the Long- Term Conservation Strategy for the Marbled Murrelet Attachment(s): Draft Motion to Intervene I ❑ EXPEDITE ®No Hearing Set 2 ❑ Hearing is set: Date: 3 Time: Judge/Calendar: 4 5 6 7 8 STATE OF WASHINGTON 9 THURSTON COUNTY SUPERIOR COURT 10 CONSERVATION NORTHWEST; 11 OLYMPIC FOREST COALITION; WASHINGTON ENVRIONMENTAL No. Pending transfer 12 COUNCIL; HOLLY KOON and MAX DUNCAN, a married couple; MIKE 13 TOWN and MEG TOWN; a married DECLARATION OF IN couple; LINDA LORENZ, an individual; SUPPORT OF MOTION TO INTERVENE 14 PETER BAHLS, an individual; SCOTT WALLACE, an individual; and MARCY 15 GOLDE, an individual, 16 Plaintiffs, 17 V. 18 COMMISSIONER OF PUBLIC LANDS HILARY FRANZ(in her official capacity); 19 the WASHINGTON STATE DEPARTMENT OF NATURAL 20 RESOURCES; and the WASHINGTON STATE BOARD OF NATURAL 21 RESOURCES, 22 Defendants. 23 (Declarant's Name) declares as follows: 24 1. I am a member of the Mason County Board of Commissioners. As a commissioner 25 1 oversee the administration of the county government including allocating the county's budget to 26 provide an extensive list of public services. DECLARATION OF ,. IN SUPPORT NORTHWEST RESOURCE LAW PLLC OF MOTION TO INTERVENE-- 1 101 Yesler Way,Suite 205 Seattle,WA 98104 206.971.1564 1 2. Mason County is a primarily rural county located in west-central Washington. 2 Mason County's budget relies, in part, on revenues it receives from timber harvests that occur on 3 forestlands that the State of Washington holds in trust for the county, and which the Washington 4 State Department of Natural Resources("DNR") is required to manage as a fiduciary so as to 5 generate consistent revenue for the county. This trust arrangement arose decades ago when the 6 county was required to transfer county-owned forestlands to the State so that they could be 7 replanted and regrown as a source of income for the county. In accordance with RCW 8 79.22.040, Mason County has transferred ownership of approximately 28,909 acres of 9 forestlands to DNR to be held in trust and prudently managed for the benefit of Mason County. 10 Revenues that DNR generates from the sale of timber on these transferred lands are paid to 11 Mason County pursuant to RCW 79.64.110. The amount of revenue that Mason County receives 12 from DNR is directly proportional to the volume of timber that DNR offers for sale on the 13 transferred lands. 14 3. Historically, Mason County relied on DNR trust revenues for general budgeting 15 purposes, and these funds were often used to pay the salaries of county employees. Reliance on 16 DNR funds has become problematic due to the volatile and inconsistent nature of DNR's 17 management of the transferred lands. This problem came to a head in 2017 when Mason County 18 received significantly less in DNR timber revenue than it had anticipated, and as a result Mason 19 County was forced to lay off personnel due to budget shortfalls. 20 4. Following the 2017 layoffs, Mason County shifted to using timber revenues to 21 provide critical county infrastructure upgrades that could be deferred if DNR revenues fell short. 22 Mason County has subsequently used timber revenues for critical upgrades including the 23 purchase of new patrol cars for the sheriff's office and the retrofitting of the county jail. Given 24 how the county currently utilizes its timber revenues, a drop in timber harvest levels will make it 25 more difficult for the county to afford capital improvements. It can be assumed that drops in 26 timber revenues will result in delayed capital improvement projects in the county. DECLARATION OF ., __'..IN SUPPORT NORTHWEST RESOURCE LAW PLLC OF MOTION TO INTERVENE--2 101 Yesler Way,Suite 205 Seattle,WA 98104 206.971.1564 1 5. In addition to the above trust revenues, Mason County also distributes DNR trust 2 revenue to numerous junior taxing districts in the county including the county's hospital districts, 3 library district,port districts, fire districts, emergency response districts, and various school 4 districts including the Hood Canal School District and North Mason School District. Decreases 5 in timber harvesting on trust lands will result in fewer resources being available to the 6 schoolchildren of Mason County,the hospitals of Mason County, and the emergency responders 7 who protect Mason County. The county will likely face additional need and demand on its own 8 budgetif its junior taxing districts lose revenue as a result of reductions in DNR timber sales. 9 6. On January 2, 2020, Mason County brought a lawsuit in Skagit County Superior 10 Court to challenge two recent decisions by the State of Washington, Board of Natural Resources, 11 and DNR. The challenged decisions were the Board's selection of a Sustainable Harvest 12 Calculation for the current decade and the Long-Term Conservation Strategy for the Marbled 13 Murrelet. Both decisions will result in a major reduction of timber revenues being paid to the trust 14 beneficiaries as a result of policies that will reduce harvest levels on trust lands. These decreases 15 will occur as a result of DNR's prioritization of conservation interests over the interests of the trust 16 beneficiaries and the communities that rely on the trust lands as a critical source of funding. 17 7. In bringing the above-described lawsuit,Mason County joined with numerous other 18 trust beneficiaries (from throughout the affected region) that are concerned about the apparent 19 mismanagement of their trust assets, and that are harmed by the harvest reduction. 20 8. I have been informed that on January 2, 2020, the plaintiffs in the above-titled 21 lawsuit filed a different challenge to the Sustainable Harvest Calculation and Marbled Murrelet 22 Long-Term Conservation Strategy in King County. That King County case was later transferred 23 to Thurston County and is the above captioned case. While both the Skagit County case and the 24 case transferred to Thurston County challenge the same DNR decisions, the above case was not 25 brought by any trust beneficiaries but instead was brought by various individuals and non-profit 26 organizations that seek to reinterpret the law related to how DNR is to manage the trust lands. If DECLARATION OF IN SUPPORT NORTHWEST RESOURCE LAW PLLC OF MOTION TO INTERVENE--3 101 Yesler Way,Suite 205 Seattle,WA 98104 206.971.1564 1 the above case is successful it will undermine the financial position of Mason County and all other 2 trust beneficiaries that depend on these lands. 3 9. Mason County seeks to intervene into the above captioned lawsuit to defend its 4 trust assets,and the trust mandate that provides critical funding for a wide array of public services 5 in Western Washington. Given that the county believes that the State has already violated its trust 6 obligations, the county does not believe that any of the named defendants will adequately protect 7 the interests of Mason County, and as such intervention is appropriate. 8 Sworn to under penalty of perjury of the laws of Washington,at , 9 , this day of February, 2020. 10 11 12 declarant name 13 4833-4303-4293, v. 1 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF IN SUPPORT NORTHWEST RESOURCE LAW PLLC OF MOTION TO INTERVENE--4 101 Yesler Way,Suite 205 Seattle,WA 98104 206.971.1564 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: March 3, 2020 Agenda Item # Commissioner staff to complete) BRIEFING DATE: February 24, 2020 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval for the Board to sign the Resolution Amending Resolution No. 11-18 & No. 07-17 authorizing Support Services to pay certain charges from County Fund and Department Budgets Background: The Support Services Department currently pays certain internal and external County charges from individual County Fund and Department Budgets. These charges include the Internal Allocation, Information Technology fees, Unemployment fees, SAO fees, self-insurance premiums, and cell phone charges. This amendment to the resolution accomplishes three objectives: 1. Consolidates cell phone charges into the resolution 2. Adds leased vehicle charges 3. Changes the wording so that the Board may include other County charges as they see fit to be paid by Support Services without requiring an amendment to the resolution. Certain charges are most efficiently paid from a central location. With leased vehicle charges coming soon, it will save the County the most time and effort to pay the fees from one centralized location out of individual department budgets. Recommended Action: Approval for the Board to sign the Resolution Amending Resolution No. 11-18 & No. 07-17 authorizing Support Services to pay certain charges from County Fund and Department Budgets Attachment: Resolution J:\Budget Office\Briefing, Agenda,& Public Hearing Items\2020\Action Agenda 3.3.2020-Res Amending No. 11-18&07-17.doc RESOLUTION NO. AMENDING RESOLUTION NO. 11-18 & NO. 07-17 A Resolution authorizing Support Services Department to pay certain charges from County Fund and Department Budgets WHEREAS, RCW 36.32.120 states"...the board of county commissioners...have the care of the county property and the management of the county funds and business..." WHEREAS, certain internal service fees are an integral part of managing the budget process and most budgets include internal service charges for one or more of the following: Internal Allocation fees, Information Technology fees including but not limited to only computers and phones, and Unemployment fees; WHEREAS, some charges by external customers that are allocated to most County Funds and Departments are most efficient to be paid by Support Services via Treasurer's Transmittal or through the vouchering process and include but are not limited to: the cost of the annual audit by the State Auditor's Office, the cost of self-insurance premiums paid into the Washington Counties Risk Pool, the cost of cellular phones and cellular phone charges, and the cost of leased vehicles; WHEREAS, it is necessary to authorize Support Services to pay these internal and external service charges for the most efficient flow of operations from the individual fund and departmental budgets as they are budgeted and/or billed; NOW THEREFORE, the Mason County Board of Commissioners does hereby resolve that Support Services shall have the authority to pay all internal service charges including: Internal Allocation, Information Technology fees including but not limited to only computers and phones, and Unemployment fees, and also charges by external customers that are allocated to most County Funds and Departments including but not limited to: the annual audit by the State Auditor's Office, self- insurance premiums paid into the Washington Counties Risk Pool, cellular phones and cellular phone charges, and leased vehicle charges for all Mason County Departments and Offices from the individual fund and departmental budgets as they are budgeted and/or billed. Approved this day of 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead,'ChFbMPA Kevin Shutty, Commissioner C:All Mason County Departments MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: COMMISSION MEETING DATE: 3/3/2020 Agenda Item # 'g j (Commissioner staff to complete) BRIEFING DATE: 2/24/20 BRIEFING PRESENTED BY: Lydia Buchheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Homes First Contract Amendment 1 & MOU with Therapeutic Courts Background: We are doing an amendment to the Homes First Contract for the single-family home property at 420 S. 7th Street to change use from a veteran's shelter to a "group transitional home for single adults with a veteran preference". This will enable Mason County and the therapeutic courts to enter into an MOU with Homes First for use of the home to house therapeutic court participants needing housing. The MOU is an agreement of each party's responsibility in the use of the home. RECOMMENDED ACTION: Approve Amendment #1 to Homes First Contract Approve MOU between County/Therapeutic Courts and Homes First Attachment(s): Amendment 1 to Homes First Contract with Mason County MOU between County/Therapeutic Courts and Homes First I:\Community Services-Public Health\Commission Agenda Item Summary Template.doc Professional Services Contract Between Mason County and Homes First "Veteran's Shelter/Permanent Supportive Housing Facility Purchase and Rehabilitation Contract" Amendment# 1 The purpose of this amendment is to change the use of one of the properties and clarify funding regulations with corresponding roles. IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows: 1. Use A change in use of the property at 420 S. 7th St., Shelton, WA from a "Veteran's Shelter" to a "group, transitional home for single adults with veteran prioritization". Group Home is the term used by the City of Shelton for zoning purposes. For the purpose of this contract Group Home refers to a shared living arrangement. Contractor agrees to enter into an MOU with the Therapeutic Courts for tenant referrals and provider services per the MOU. This arrangement satisfies the housing provisions under RCW 82.14.460. 2. Special Conditions, Funding Sources: The following language is in addition to this section of the original contract: a. RCW 36.22.178 Item 2 a and c to serve households under 50% AMI (Area Median Income) b. Dept of Commerce State Capital Budget 057 funds which are non-capital bond proceeds with the only restriction that they cannot be loaned out. c. Treatment Sales Tax: RCW 82.14.460 Item (3) Moneys collected under this section must be used solely for the purpose of providing for the operation or delivery of chemical dependency or mental health treatment programs and services and for the operation or delivery of therapeutic court programs and services. For the purposes of this section, "programs and services" includes, but is not limited to, treatment services, case management, transportation, and housing that are a component of a coordinated chemical dependency or mental health treatment program or service. ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto remain in full force and effect. IN WITNESS WHEREOF, the undersigned has affixed his/her signature in execution thereof on the day of , 2020. CONTRACTOR MASON COUNTY Trudy Soucoup, Executive Director Sharon Trask, Chair Homes First Mason County Board of County Commissioners APPROVED AS TO FORM: Tim Whitehead, Chief DPA t , s llomesFirst 4 �,' w Creating&Maintaining Safe,Healthy .. t'• &Affordable Rental Homes A 501(c)(3)Nonprofit Memorandum of Understanding Between the Mason County(hereinafter MC),for the Therapeutic Courts(hereinafter MCTC),and_ Homes First(hereinafter Homes First). PURPOSE: The purpose of this MOU is to demonstrate a shared commitment by Homes First and Mason County to impact MCTC participants needing supportive(treatment) housing services. The primary goal of this partnership is to assist MCTC participants in achieving stability through the provision of transitional, supportive housing. It is the intention to house three(3)to six(6) people in the home. BACKGROUND: 1. Homes First owns and manages a home at 420 S 7th Street,Shelton, WA. This home was purchased with a combination of funds from Homes First,Washington State,and Mason County with the intention of it being a shared home for homeless Veterans with services provided by the Mason County Veteran Mentor program. An amendment to this agreement was instituted in 2020 for other single adults who need a supportive group home setting to be served in partnership with the MCTC program. 2. MCTC has participants who are in need of transitional,supportive housing. MCTC participants must abide by terms and conditions of a contract with MCTC and a court-ordered service plan which includes, but is not limited to,attendance at court hearings,enrollment and participation in a chemical dependency or mental health treatment program,law abiding behavior and no drug or alcohol use. 3. This house is to not be construed as a 24/7 residential house setting. The designation of the house is for independent living in a transitional setting. THEREFORE: 1. Homes First agrees to rent a home located at 420 S 7th Street,Shelton,WA to MC. The home is intended as a recovery support service to provide transitional,supportive housing to eligible individuals participating in the MCTC program. 2. The MCTC shall select eligible individuals who meet the criteria for these services and are active participants in a MCTC program. Housing eligibility will be established by MCTC. 3. The MCTC will refer eligible participants in a manner that ensures maximum use of all bedrooms. Homes First I MCTC-Memorandum of Understanding n. Page 1 of 6 EOM) W4 MYINTIRMY POLICIES AND PROCEDURES: A. Responsibilities of Individual-Agencies Homes First is responsible for the following major duties: 1. Ownership and overall management of property; 2. Financial management and record keeping for Homes First; 3. Maintenance and upkeep of the building and external grounds, including routine cleaning and yard care and snow removal but not including internal routine cleaning 4. Development of all operating procedures related to the house and yard. 5. Specifically,these duties are defined as follows: a. Maintain and manage all contracts, liens and agreements relating to the property including financial records; b. Operate the building, collect rents, pay operating expenses and supervise maintenance operations; c. Manage and maintain all interior repairs and exterior upkeep; d. Ensure the property is kept in good condition and that all necessary non-program services are provided,e.g. utilities, property insurance, maintenance and replacement,etc. e. Conduct and coordinate inspections of the property during normal business hours, with due notice to participants and MCTC MCTC is responsible for the following major duties: 1. Function as the gatekeeper for the assignment of individuals to the housing units. 2. Maintain a current roster of participants assigned to the housing unit and provide copy to Home First 3. Participate in a problem-solving group with Homes First and MCTC regarding any issues that arise as the result of any participant's use of the house. 4. Develop house rules and internal operating procedures. 5. Report in writing to Homes First any damage caused to its property,whether accidental or through negligence, within five (5) business days of learning of said damage. 6. Collect and retain any fees paid by participants. 7. Obtain the signatures to this document. ,B Decision Making Process K 1. Decisions regarding the overall operation of the property will be made by representatives of the agencies involved in this MOU. 2. MCTC and Homes First will meet at a minimum every six months to review the ongoing condition of the home and develop plans for repair or maintenance if home is in need of repair beyond normal wear and tear. Unresolved matters will be addressed through mutually agreed upon mediation. 3. Homes First will work with MCTC to coordinate meetings as needed to review progress, to problem solve issues that arise,and to incorporate needed changes in operation. Homes First I MCTC-Memorandum of Understanding Page 2 of 6 OPPCRIIAMI mum C Orientation ~. Orientation will be conducted by MCTC staff, and will include the following: a. Thorough review of the house rules requirements b. Explanation of management's rights of access c. Grievance procedures d. Energy conservation information e. Rules regarding use of community space f. Move out procedures g. How to request maintenance work h. Safety guidelines i. Emergency and disaster procedures. j. Homes first will provide guidance as needed and as requested by MCTC ,D Facility Use Fee MCTC shall pay a monthly fee of$1000 which will include utilities but not telephone,TV or internet connection or use fees. E. House Rules All participants shall follow the Rules and Regulations/Responsibilities of the House as established by MCTC,which shall include that Illegal substance use will not be tolerated on site. Safety rules will be developed by MCTC and Homes First and will include: a) Fire regulations b) Public health regulations c) Smoking policy d) Behavior which constitutes a hazard to others, including other participants and neighbors e) Policy on keys f) Neatness of common areas and halls g) Nonviolent conflict resolution h) Banning weapons i) Abusive language and violence G. Maintenance` Maintenance requests should be made in writing via email or verbally via the telephone. Telephone requests should be immediately followed up with an email or letter request. Maintenance requests will be prioritized according to the following: 1. Priority One: a. Items affecting the health and safety of the participants or affecting damage to property or interruption of the following services: i.hot or cold running water,electricity or gas, adequate heat, plumbing,garbage removal Homes First I MCTC-Memorandum of Understanding Page 3 of 6 MAL IOWC orra MITT b. Inability of the following appliances to function: refrigerator and stove. c. Glass breakage,wherein the participant is deprived of security and/or loss of heat. d. All repairs of nature which, if left unrepaired would expose people to personal injury. e. All repairs involving hazardous materials must conform to the hazardous materials management policy and should not be without approval from Homes First. Homes First will make every attempt to correct the problem within 24 hours of notification by email,fax or phone. 2. Priority Two: Important maintenance requests which are of an inconvenient nature to the participants and affect the suitability of living conditions and comfort of the participants. Minor but necessary repairs, adjustments, replacements such as: a. missing towel bars b. missing floor tile c. inoperative kitchen or bathroom exhaust fans Priority Two items will be scheduled for repair within 30 days of notification. 3. Priority Three: 1. Cleanliness of the grounds and exterior areas. 2. Normal maintenance of items of a cosmetic nature such as replacement of chipped tile, bent towel bars, etc.,that is of a routine, minor, nonhazardous nature. 3. Preventive maintenance items which include maintenance acts which lengthen the life of major operating equipment including, but not limited to, cleaning out boilers or water heaters, oiling motors,changing filters,and cleaning rain gutters. Priority Three items will be scheduled for regular maintenance and repair on an annual basis. H. Modifications Proposals for modifications may be made by MCTC on behalf of participants, per HUD reasonable modifications guidelines and will be implemented by Homes First. ADA based requests will not be unreasonably refused by Homes First. I. Non Discrimination Statement All parties affirm that participants shall not be discriminated against on the basis of race, color, religion, age,gender,sexual orientation, marital status, national origin,or mental, physical or sensory disabilities. iJ Amendments This agreement may be revised at any time by written agreement and signature of all the parties. K. Terms and Termination 1. The effective date of this MOU will be upon the final signature of the parties to Homes First I MCTC-Memorandum of Understanding g Page 4 of 6 tauMOUSSC this MOU it shall remain in effect until it is terminated in accordance with the terms of this MOU or in the case that the MCTC no longer has sufficient funding or eligible participants to reside in the home. Either party may seek revision or termination of this agreement with sixty(60) days written notice to the other party. Termination within the first six(6)years shall only be for cause,substantial change as to MCTC or funding shortfall. 2. This home will remain in service for its intended Purpose (page 1)for a minimum of six(6)years provided that the MCTC remains in operation in its current configuration. If the MCTC is replaced or substantially changed in operation,the terms and conditions will be renegotiated at no cost or impairment of business to Homes First. Homes First will retain ownership of this property. 3. Damage or Destruction of the Premises. If the Premises are destroyed or damaged by fire, the elements, or other causes to an extent rendering the same untenable, this agreement shall terminate,without liability of either Party to the other for termination of this agreement, but not affecting any other rights of each. Any proceeds from an insurance or other settlement that are not otherwise obligated shall be returned solely to Homes First to meet its financial and compliance obligations. Homes First I MCTC-Memorandum of Understanding IA Page 5 of 6 TOM ROUSING OPPORTUNITY The parties to this Agreement hereby signify their mutual acceptance of all terms and conditions of said Agreement, as specified above, and to be implemented upon all parties signatures below: Homes First 5203 Lacey Blvd SE,Ste.A Lacey,WA 98503 360-915-7513 ceo@homesfirst.org By: Trudy Soucoup,Chief Executive Officer Date: Mason County By: Name,Title • Date: Mason County Therapeutic Courts By: Name,Title Date: 2-127/ao DANIEL L. GOODELL Approved as to form By: Tim Whitehead,Chief Deputy Prosecutor Date: Homes First I MCTC-Memorandum of Understanding Page 6 of 6 EOM MOYSUF OPPOR MQY MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing x❑ Other ❑ Department: Community Services Ext: 286 Date: March 3, 2020 Agenda Item # 0, I (Commissioner Staff To Complete) Briefing Date: November 25, 2019,January 13, & February 3, 2020 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing March 3, zozo at 9:15 a.m.to consider the rezone of 8.66 acres in Village Commercial (VC)to Multifamily Medium Density Residential(R-2). BACKGROUND: The Applicant/Agent worked on behalf of several different adjacent property owners within the VC zone to apply for a rezone to R-2. All property owners within the group of subject parcels have signed their interest in rezoning the property. The Planning Advisory Commission held a public hearing to consider the rezone on November 18, 2o19 and again on January 27, 2020.They recommended to approve the rezone to the BOCC. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of 8.66 acres from Village Commercial to Multifamily Medium Density Residential. ATTACHMENT(S): Staff Report(with attachments) Ordinance 2/26/2020 Page I February 26,2020 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 5.66 ACRES FROM VILLAGE COMMERCIAL (VC) TO MULTIFAMILY MEDIUM RESIDENTIAL (R-2) STAFF CONTACT Kell Rowen, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Jeff Carey Multiple owners in addition 890 E.Cedar St. to the applicant Belfai,WA 98528 SUMMARY OF PROPOSAL Rezone several adjacent parcels from Village Commercial (VC) to Multifamily Medium Density Residential (R-2). These parcels are in the Allyn Urban Growth Area (UGA).This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel Nos (see Attachments for full list of parcels): total 8.66 acres in size and are located within the Village Commercial District of Allyn, east of and adjacent to the Medium Density Multifamily Residential District. With one exception, the group of parcels is undeveloped. The parcel that is developed(12220-50-45005)is developed as a single-family residence. ZONING INFORMATION CURRENT ZONING DESIGNATION: VC—Village Commercial District The village commercial district is a pedestrian and transit oriented mixed use district primarily designed as a location for neighborhood, community wide and tourist retail, office, restaurant, entertainment, service uses, including transient accommodations, and residential uses.The district will provide opportunities for transit routes and stops and to provide shared parking opportunities. Physically the district will retain the pedestrian oriented scale and intensity of use of the rest of the village core area. Because of its nature the village commercial district zone may only be located in the village center. PROPOSED ZONING DESIGNATION: R-2—Medium Density Multifamily Residential District The purpose of the R-2 district is to provide for medium density multifamily and single-family attached residential dwellings with building scale, yards, and setbacks reflecting the intensity of development located proximate to commercial and public services and transit. The R-2 district provides a buffer between more intense uses and single-family neighborhoods. Staff Report-BOCC Page 2 February 26,2020 BACKGROUND The Applicant/Agent worked on behalf of several different adjacent property owners within the VC zone to apply for a rezone to R-2. All property owners within the group of subject parcels have signed their interest in rezoning the property(see Attachments). ANALYSIS Mason County Code Section 17.o5.o8o(a) describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff's response to the proposed request: i. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. All Environmental Health and Building codes will be adhered to prior to residential construction. i. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and the Development Regulations. The residential zone is much better suited than commercial in this area as it is located "behind"the existing commercial core of Allyn and adjacent to residentially zoned property. Applicant states that there is little to no demand to build commercial property in Allyn. That would be especially true for property that is not directly adjacent to SR 3. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as staff believes the rezone of these parcels would not increase sprawl or low- density development or cause it to occur. There is no resource-based uses in the vicinity.Allyn is an Urban Growth Area and allows for a higher density residential development. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities,fire protection, police, and schools. N/A Less intensive. Staff Report-BOCC Page 3 February 26,2020 S. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. N/A Less intensive. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. N/A Less intensive. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. N/A Less intensive. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. The proposal is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on November 5, 2019. Comment period ended for this determination on November 19, 2oig. No comments were received. PUBLIC NOTIFICATION All property owners within Soo feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. Public Notice was given in the Mason Shelton Journal for the public hearings held at the Planning Advisory Commission. In addition, Public Notice of this public hearing was published in the Mason Shelton Journal on February 20 and 2 7, 2020. PLANNING ADVISORY COMMISSION On November 18, 2o1g and again on January 27, 2020, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation, they made a 5-o decision to recommend approval to the BOCC. Staff Report-BOCC Page 4 February 26,2020 PUBLIC COMMENTS As of the date of this writing, no comments have been received. SUMMARY AND RECOMMENDATION Staff and PAC recommends that the Mason County Board of Commissioners approve this rezone request. ATTACHMENTS • Aerial map of property and vicinity • Current Zoning Map • SEPA DNS and Checklist • Application • Notice of Hearing • 6o-Day Notice to Commerce • Property owners within Soo'who received notice by mail • Property owner signature pages • Full list of subject parcels Staff Report-BOCC Mason County WA GIS Web Map a: Y i .Aar: 01` j %... ulti-Family A Medi. Density ' Residential (x �,,Village ommlbrcial d Rezo to ity r Awl�. x AA Alf 7 10/11/2019, 3:17:14 PM 1:2,722 0 125 250 500 ft ® County Boundary ❑ HC-Highway Commercial 0 37.5 75 150 m ElTax Parcels(Zoom in to 1:30,000) ❑ POS-Public Open Space Allyn Zoning ❑ R-1 -Single Family Residential No Zoning or Outside UGA R-1 P-Residential Platted Esd, HERE, Garmin, (c) OpenStreetMap centributors, and the GIS user community, Source: Esd, DlgitalGlobe, GeoEye, Earthstar Geographics, ❑ BP-Business Park CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User ❑ R-1 R-Residential Recreational Community CM-Commercial Manufacturing Mason County WA GIS Web MapApplicatbn Richard Diaz I Esd,HERE,Garmin I Earthstar Geographics I Mason County WA GIS Web Map Y. P , w rr t t 10/11/2019,4:03:55 PM 1:10,886 ryry 0 500 1,000 2,000 ft E3County Boundary ❑ HC-Highway Commercial r—i 0 0-11 '---���-11 0 150 300 600 m ElTax Parcels(Zoom in to 1:30,000) ❑ POS-Public Open Space Allyn Zoning ❑ R-1-Single Family Residential No Zoning or Outside UGA El R-1 P-Residential Platted Esri, HERE, Garmfn, (c) OpenStreetMap contributors, and the GIS user community, Source: Esd, DigitalGlobe, GeoEye, Earthstar Geographies, ❑ BP-Business Park CNES/Airbus DS. USDA, USGS, AeroGRID, IGN, and the GIs User 1:1R-1 R-Residential Recreational Community ❑ CM-Commercial Manufacturing Mason County WA GIS Web Map Application Richard Diaz i Esri,HERE,Garmin I Earthstar Geographies I MASON COUNTY MASON COUNTY Planning Division of Community Development 615 W.Alder St. Bldg.8,Shelton,WA 98584 COMMUNITY SERVICES 360427-9670 ext 352 Buiding ppnroing,Enatanmontat Haa4h Cammnnity Hraeth DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-34) SEP2019-00049 Description of REZONE several adjacent parcels from Village Commercial (VC)to Medium Density Residential Proposal: (R-2) Proponent: JEFFREY L CAREY Location of Proposal: UNKNOWN Parcel Number: 122205044001 C54t Legal Description: Lead Agency: Mason County Planner: Kell Rowen The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact the planner at 360-427-9670 x352 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below,when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by: 11/19/2019 Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. �)CQ&w.bey,- Authorized Local Government Official Date Page: 1 SEPA ENVIRONMENTAL CHECKLIST Mason County Permit center Use: SEP W ❑ Single Family DNS: $600.00 Parcel#: oZ Other DNS: 0 to 9.99 acres: $730 Date Rcvd: RECEIVED C C C I VE D 10 to 20 acres: $880 IAC C Over 20 acres: $1100 JUN 2 4 2019 ❑ DS/EIS: $5000 + $90 per hour 615 W. Alder Street Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part Q. Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B- Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 1 of 14 A. Background HELP 1. Name of proposed project, if applicable: ,A A 1- c- /ZZ --- Y 55- 2. 52. Name of applicant: XE/'F -,L. T CAI?Ic 3. Address and phone number of applicant and contact person: V IG �, coo � sr jy'�L�AXA WA , q�l5Z�s 4. Date checklist prepared: lz1, 2cl/ f 5. Agency requesting checklist: /7/}s e, ti C 0 41C � 6. Proposed timing or schedule (including phasing, if applicable): )5 . i 2-13 // 20/9 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. >-',s � S.,,44 A s �,e . 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. N o hl? VY\ow rl 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. ✓ / 0 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) ' C A %oIft7w (S' LN%la X4�LLY tVA� USA SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 U Page 2 of 14 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. p F oPa•-e-e �' wr� e C. Signature rF-- The above answers are tr7`�omplete to the best of my knowledge. I understand that the lead agency is relyin t iXake its dec' Signature: Name of signee /e A= Position and Agency/Organization Z.z.p v z® .-1,.4 e- Date Submitted: z 2 G/9 D. Supplemental sheet for nonproject actions HELP (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 12 of 14 i 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? /V/.-,r .+Q e z o.vG 'e-f Lc s f W o`F- 1, �Lt ltd, 41,as s a dvwv.zw�2 Proposed measures to avoid or reduce such increases are: Qav\-P- 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: N ov\_e_ 3. How would the proposal be likely to deplete energy or natural resources? All I Proposed measures to protect or conserve energy and natural resources are: P6V'_Z 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, orprimefarmlands? I /V 44 X C ZG'2�6_ ..-i et, f'T N(V L1W Proposed measures to protect such resources or to avoid or reduce impacts are: N a� 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? A,-/^ fie'-UA/E � No+ t7kc. 0 Proposed measures to avoid or reduce shoreline and land use impacts are: Wk R6WL SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 13 of 14 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. TA e 0 s'G'/ L--t//-// rte. i Ae-- Sh c-,h�'/i c f L-, A ,1 u L c� �, S fG. 7��J .- Fe�•A�r / at c�/5 c�c'C�ci a rQ H,t3- SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 14 of 14 Fee:$2,220.00 MASON COUNTY COMMUNITY SERVICES RFC Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,WA 98584 61,1;v 4 ?019 Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 ders�� APPLICATION FOR AMENDMENT TO: t ❑Comprehensive Plan Policy ❑Development Regulations ❑Future Land Use Map (Comp Plan Amendment) ZZoning Map (Development Regulation Amendment) 2 One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: Tf C/- at D/--- 9 Z G A4 6 Lr" Mailing Address: 892 ' C,6,AA X S r, City: State: �/'A_ Zip: 2 5 .2 Telephone No.: 2 0 •- 27S'-- 07,8,17 STAR T7G Parcel Number(s): SFE A iiia ck X /229.0-0 — Parcel .2a90~-0 •-Parcel Size and Legal Description: s E,#r A7';rC/4Pct G+Sf fx ki,/ A_ What kind of change in Comprehensive Plan Policy,Development Regulation,or Comprehensive Plan Map(Future Land Use/Zoning)is requested?(Attach additional pages, if needed.) J/ © RE '9'O A,1 P�4/Z e E L 1 �, ��YiV ,A�4'�/e��► UG V.f/Jtr,— / R 9 Rationale for the Request:(include information on the property features, land use,and maps that will be used in considering your application)(see the attached information sheet) F s-T 7'rA1 i h►�2 t 4 r T ri= 7-0 W:1 DEhI-tiPl r" - 14X4,0 E(i M/'7Fde C2Ae '64rX e PXyc'S Jr.Li 4ll �,'V_7 n/2 7-",F PAST /!�e— /S )/,EARS S_T.,L _ A /I,.fy Am/,4-le i�' 000'""'�, fid ' i ure a date NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, March 3, 2020, at 9:15 A.M. SAID HEARING will be to consider adopting the following: • Rezone several adjacent parcels (8.66 acres total) from Village Commercial (VC) to Multifamily Medium Density Residential (R-2) within the Allyn Urban Growth Area (UGA). If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 11th day of February 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal- Publish 2x: February 20& 27, 2020 (Bill: Community Development—615 W.Alder, Shelton,WA 98584) ;0 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE - PO Box 42525• Olympia, Washington 98504-2525• (360) 725-4000 www.commerce.wa.gov 11/06/2019 Ms.Kell Rowen Planning Manager Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--2019-S-869--60-day Notice of Intent to Adopt Amendment Dear Ms.Rowen: Thank you for sending the Washington State Department of Commerce(Commerce)the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. Proposed rezone of 27 adjacent parcels totaling 8.66 acres in Village Commercial zone to Medium Density multifamily(R-2)zone in the Allyn UGA. We received your submittal on 11/05/2019 and processed it with the Submittal ID 2019-S-869. Please keep this letter as documentation that you have met this procedural requirement. Your 60-day notice period ends on 01/04/2020. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions,please contact Growth Management Services at reviewteam@commerce.wa.gov,or call Gary Idleburg,(360)725-3045. Sincerely, Review Team Growth Management Services Page: 1 of 1. /templatesGo to avery.com AVERY 8160 _ WILLIAM JAMES JR JACOBS RONALD & DEBRA JAM ERSON Paul &GWEN J Jensen 1221 NORTH PLUMER AVE P.O. Box 928 750 E STRETCH ISLAND RD S TUCSON,AZ 85719 Allyn,WA 98524 GRAPEVIEW,WA 98546 LAWRENCE R JR&CHRISTINE Kemp RICHARD A& BONNIE J KNIGHT KEVIN MICHAEL 21680 SW CREEK ST P 0 BOX 84 1215 NE 130TH STREET TUALATIN, OR 97062 Allyn,WA 98524 Seattle,WA 98125 Karen Leach LENNARD K MANKE MARGIE L MESERVEY P.O. Box 486 P.O. Box 929 P.O. Box 1714 Allyn,WA 98524 Allyn,WA 98524 Allyn,WA 98524 ORIN &JENNIFER Mullen SHARON I VEITH FAMILYTRS RANDY L PETERSON 12315 140TH AVE KPN PELLEGRINO TRS(VEITH) 1160 ENCINITAS CT 7809 FIR TREE LN Gig Harbor,WA 98329 LAKE STEVENS,WA 98258 GROVER BEACH,CA 93433 Jenny Powell RICARDO&ALICIA SAHAGUN Susan L. Robbins 180 E.Allyn View DR. P.O. Box 1268 504 W 1ST STREET Allyn,WA 98524 Allyn,WA 98524 Aberdeen,WA 98520 RICARDO SAHAGUN ET AL G DEAN & LOUISA SCHWIND WOO C SHIN ET AL P.O. Box 1268 5526 190TH ST SW 818 SW 347TH PLACE Allyn,WA 98524 LYNNWOOD,WA 98036-5213 FEDERAL WAY,WA 98023 JESSICA L&THOMAS J STALEY LYNNETT STEVENSON DELBERT G & BARBARA STORMO P.O. Box 1310 8504 EASTSIDE DR NE P 0 BOX 73 Allyn,WA 98524 TACOMA,WA 98422 Allyn,WA 98524 ABBOTT ET AL,TONI LTERRI L JASON &CYNTHIA WURZBACHER FAY LIVING TRST,JOAN F FLOWERS P.O. Box 1223 PO BOX 98998 PO BOX 5413 SPANAWAY,WA 98387 Allyn,WA 98524 LAKEWOOD,WA 98496-8998 MCCORMICK CONSTRUCTION LLC MASON COUNTY SURPLUS PROPERTY I J CORPORATION 3725 CHICO WAY NW 411 N 5TH ST P 0 BOX 904 BREMERTON, WA 98312-1327 Shelton,WA 98584-3400 Allyn,WA 98524 THREE B'S PROPERTIES LLC STEPHEN JOHNSON INC, 3411 W LAWTON ST P.O. Box 488 Seattle,WA 98199 Belfair,WA 98528 kiquettes • � • I Ifilko7 In C,7barit a ery to avery.com/templates Address Labels Go 81 AVERY •0 Cedarland Homes LLC J &J DEVELOPMENT, LLC RED DOOR DESIGN &BUILD LLC, P.O. Box 2264 P.O. Box 2264 1706 FRONT ST#443 GIG HARBOR,WA 98335 GIG HARBOR,WA 98335 LYNDEN,WA 98264 Kathy Anderson AUSTIN &AYLA BADERTSCHER CAROLYN J BALKEMA 4062 N EL SERENO CIR PO BOX 2066 PO BOX 75033 Mesa,AZ 85207 Allyn,WA 98524 Seattle,WA 98175 SCOTT DUNCAN BIDDLE/BROOKE,ANN Sally Bigger Eric Bruce KENNAUGH BIDDLE ET AL,JOHN R 4088 BEACH DR P.O. Box 98 15201 NE 144TH PL WOODINVILLE,WA 98072 FREELAND,WA 98249 Allyn,WA 98524 MICHAEL ALLEN BRYSON David BUHR Jeff&Debi Carey P 0 BOX 1392 P.O. Box 814 890 E. Cedar St. VAUGHN,WA 98394 Belfair,WA 98528 Belfair,WA 98528 HAROLD& BARBARA G CAREY C/O WARREN & DUGGAN PLLC CAREY EDWIN T CARLSEN PO BOX 330 FAMILY LIM LIAB CO LLC 12707 W ASHWOOD DR P.O. Box 64 TAH UYA,WA 98588-0330 Tahuya,WA 98588 SUN CITY WEST,AZ 85375-4639 DREW J & LINDA ELBERT DAVIES Tammy Dewitt CAMPBELL ET AL,SETH DONAVON M P.O. Box 1095 5287 Mt.Alifan Dr. ELLISON P.O.-Box 1334 Allyn,WA 98524 San Diego,CA 98211 Allyn,WA 98524 Tina M. Esler RENAE LYNN FLOYD DEREK ANDREW, RENAE LYNN FLOYD P.O. Box 38 51 NE WAGON WHEEL RD FLOYD ET AL PO BOX 241 Allyn,WA 98524 Belfair,WA 98528 Allyn,WA 98524 REID K GARCIA CHRISTOPHER T& DEANNA GASCHEL Arlu Goff PO BOX 364 P.O. Box 792 2008 152ND ST E GRAPEVIEW,WA 98546 Allyn,WA 98524 Tacoma,WA 98445 TEHVYN J GOODWIN RONALD A GRIFFEY MARVIN L, MARILYN L OWALLEY HICKS 11 E BRADY LOOP PO BOX 201 HICKS ET UX 4806 83 STREET SW Allyn,WA 98524 Allyn,WA 98524 LAKEWOOD,WA 98499 RICHARD V& LINDA L HIGGINSON GEORGE W& MARY ANN HOFFMAN MARGUERITE B HOPPEN P.O. Box 474 5005 ALPENGLOW DR NW 8133 SHIRLEY AVENUE Allyn,WA 98524 Bremerton,WA 98312 GIG HARBOR,WA 98332 bels Go to�ivejy.com/templates Easy Peel Address La AVERY 8160 Bend along line to expose Pop-up Edge, I Port of Allyn ALLYN COMM.CHURCH ORG. Vicki L. Betsinger P.O. Box 1 P.O. Box 1245 P.O. Box 314 Allyn,WA. 98524 Allyn,WA. 98524 Allyn,WA. 98524 PROGESSIVE MANAGEMENT INC, CHERYL LEE McCOLM MESPHIN &JENNIFER FORRESTER P.O. Box 222 9127 EDGEWATER DR SW 30 E BENSON LK DR. Bremerton,WA. 98337-0048 Lakewood,WA.98499 Grapeview,WA. 98546 MAUI SKY INVESTMENTS LLC. Don &Sally Anderson/ RITES OF PASSAGE RETREAT LLC. Marilyn Anderson P.O. Box 1951 140 E STRONG RD P.O. Box 108 PORT TOWNSEND,WA. 98368 Allyn,WA. 98524 Shelton,WA. 98584 STANLEY A& BARBARA J SMELCER P.O. Box 202 Brinnon,WA. 98320-0202 r- Easy Peel' Address Labels Go to avery.com/templates AVERY 8160 Bendalong fine to expose Pop-up Edge 1_15c Aveiy Template 5160 1. MASON COUNTY FIRE DIST#5 MITCHELL HOLDINGS 1, LLC P.O. Box 1910 1017 SHORE DRIVE Shelton,WA 98584 Bremerton,WA 98310 kiquettes . .. - ��Carey 890E.Cedar St. : BELFAIR, WASHINGTON 98528 Phn: (360)275-0780 or Cell: (360)731-5683 April 22, 2019 George & Mary Ann Hoffman 5005 ALPENGLOW DR NW. Bremerton, WA. 98312 Dear George Subject: Approval of rezoning of your three lots in Allyn parcel#12220-50-44005 lots 5 through 7. As I discussed with over the phone,it is my intent to have Mason County rezone Block 44 which contain lots own by your family as well as my family. The purpose of rezoning is to allow my dad and myself to build single family homes which we currently cannot do. Current zoning allows for commercial & retail along with multifamily dwellings down to a duplex but not single family homes.By rezoning block 44 to what the county calls"R2 Residential"every property owner in block 44 would be allowed to build single family homes as well as duplexes and triplexes. I copied&pasted from Mason County's code for R2 residential the following exact verbiage chapter and subchapter for your reference. County Code Chapter: 17.11.420-Allowed uses. (a) Single-family dwelling; (b) Duplexes; (c)Triplexes; (d) Multifamily If you have any questions about any aspect of the rezoning please call my at the numbers above. By reviewing and signing this document below you and your wife are indicating that you both are okay with changing the zoning to R2 Residential e mail back Le a signed copy. Property Owner Date 4 /.;zg q Property Owners © Date Sincerely Jeff Carey, F Page 1 of 1 D:\\\ZUri 90422a-H0fimanG JW Carey 890 E.Cedar St. : BELFAIR, WASHINGTON 98528 Phn: (360)275-0780 or Cell: (360)731-5683 April 27, 2019 Ed Carlsen 12707 W. Ashwood Dr. Sun City West, AZ. 85375 Dear Ed. Subject: Approval of rezoning of your one lot in Allyn parcel#12220-50-44010 lot 10. As 1 discussed with over the phone,it is my intent to have Mason County rezone Block 44 and 45 which contain a lot own by you as well as lots by my family.The purpose of rezoning is to allow my dad and myself in the future to build single family homes which we currently cannot do. Current zoning allows for commercial & retail along with multifamily dwellings down to a duplex but not single family homes. By rezoning block 44 and 45 to what the county calls "R2 Residential"every property owner in block 44 45 would be allowed to build single family homes as well as duplexes and triplexes if they choose. I copied&pasted from Mason County's code for R2 residential the following exact verbiage chapter and subchapter for your reference. County Code Chapter: 17.11.420-Allowed uses. (a) Single-family dwelling; (b)Duplexes; (c)Triplexes; (d)Multifamily If you have any questions about any aspect of the rezoning please call me at the numbers above. By reviewing and signing this document below you are indicating that you are okay with changing the zoning to R2 Residential.Please mail back to me a signed copy. Property Owner,L, i;— � %��,-o l i7 Date S Property Owner r� —'" SA to Date s Sincerely Jeff Carey, Encl.Zoning Map Page 1 of 1 D:\\\NNL M90427aLarlsen Jeff Carey 890 E.Cedar St. : BELFAIR, WA. 98528 Phn: (360)275-0780 or Cell: (360)731-5683 April 30, 2019 Attn: Kathleen Mitchell MITCHELL HOLDINGS 1, LLC 1017 Shore Drive Bremerton, WA. 98310 Dear Kathleen. Subject: Approval of rezoning of your four lots in Allyn parcel# 12220-50-45001 lots 1 thru 4. As I discussed with your attorney, over the phone, it is my intent to have Mason County rezone Blocks 44, 45, and 55 which contain lots own by you as well as lots owned by myself.The purpose of rezoning is to allow property owners and myself in the future to build single family homes which we currently cannot do. Current zoning allows for commercial& retail along with multifamily dwellings down to a duplex but not single family homes.By rezoning block 44,45,and 55 to what the county calls "R2 Residential" every property owner in blocks 44, 45, and 55 would be allowed to build single family homes as well as duplexes and triplexes if they choose. I copied&pasted from Mason County's code for R2 residential the following exact verbiage chapter and subchapter for your reference. County Code Chapter: 17.11.420-Allowed uses. (a) Single-family dwelling; (b) Duplexes; (c)Triplexes; (d) Multifamily If you have any questions about any aspect of the rezoning please call me at the numbers above. By reviewing and signing this document below you are indicating that you are okay with changing the zoning to R2 Residential.Please mail or email back to me a signed copy. Property Owner — V Date Property OwnerDate V/ –) / I Sincerely Jeff Carey, Encl.Zoning Map Page 1 of 1 D1\MUrl90430a-MH1 Jeff Carey 890 E.Cedar St. : BELFAIR, WA. 98528 Ph n: (360)275-0780 or Cell: (360)731-5683 April 30, 2019 Brad Carey Carey Family LIM. LIAB. Co. LLC P.O. Box 64. Tahuya,WA. 98588 Dear Brad. Subject: Approval of rezoning of your five lots in Allyn parcel#12220-50-5501.lots I and 2,pcl.# 12220-50- 55004 lots 4 and 5, and pc]. 12220-50-55006 lot 6. As I discussed with over the phone,it is my intent to have Mason County rezone Block 44,45,and 55 which contain a lots own by you as well as lots owned by myself.The purpose of rezoning is to allow property owners and myself in the future to build single family homes which we currently cannot do. Current zoning allows for commercial & retail along with multifamily dwellings down to a duplex but not single family homes.By rezoning block 44,45,and 55 to what the county calls"R2 Residential"every property owner in blocks 44,45,and 55 would be allowed to build single family homes as well.as duplexes and triplexes if they choose. I copied&pasted from Mason County's code for R2 residential the following exact verbiage chapter and subchapter for your reference. County Code Chapter: 17.11.420-Allowed uses. (a)Single-family dwelling; (b)Duplexes; (c)Triplexes; (d)Multifamily If you have any questions about any aspect of the rezoning please call me at the numbers above. By reviewing and signing this document below you are indicating that you are okay with changing the zoning to R2 Residential.Please mail back to me a signed copy. Property Owne Date `� ; ?d ljj� Property Owner Date Sincerely Jeff Carey, Enc I.Zoning Map Page 1 of 1 D:1VIMUr190430a-BJC i / Carey 890 E.Cedar St. : BELFAIR, WA. 98528 Phn: (360)275-0780 or Cell: (360)731-5683 April 30, 2019 Reid Garcia P.O. Box 364. Grapeview, WA. 98546 Dear Reid. Subject: Approval of rezoning of your four lots in Allyn parcel# 12220-50-45005 lots 5 thru 8. As I discussed with over the phone,it is my intent to have Mason County rezone Block 44,45,and 55 which contain lots own by you as well as lots owned by myself.The purpose of rezoning is to allow property owners and myself in the future to build single family homes which we currently cannot do. Current zoning allows for commercial &retail along with multifamily dwellings down to a duplex but not single family homes.By rezoning block 44,45,and 55 to what the county calls "R2 Residential" every property owner in blocks 44, 45, and 55 would be allowed to build single family homes as well as duplexes and triplexes if they choose. I copied&pasted from Mason County's code for R2 residential the following exact verbiage chapter and subchapter for your reference. County Code Chapter: 17.11.420-Allowed uses. (a) Single-family dwelling; (b)Duplexes; (c)Triplexes; (d)Multifamily If you have any questions about any aspect of the rezoning please call me at the numbers above. By reviewing and signing this document below you are indicating that you are okay with changing the zoning to R2 Residential.Please mail or email back to e a signed copy. Property Owner -'G Date Property Owner Date Sincerely Jeff Carey, Encl.Zoning Map Page 1 of 1 D:\\\\\\\LV190430a-RKG Jeff Carley 890 E.Cedar St. : BELFAIR, WA. 98528 Phn: (360)275-0780 or Cell: (360)731-5683 April 30, 2019 Harold & Barbara Carey P.O. Box 330 Tahuya, WA. 98588 Dear Dad&Mom. Subject: Approval of rezoning of your three lots in Allyn parcel#12220-50-44008 lots 8&9 and pcl.# 12220-50- 45010 lot 10. As I discussed with you earlier,it is my intent to have Mason County rezone Block 44,45,and 55 which contain lots own by you as well as lots owned by myself.The purpose of rezoning is to allow property owners and myself in the future to build single family homes which we currently cannot do. Current zoning allows for commercial & retail along with multifamily dwellings down to a duplex but not single family homes.By rezoning block 44,45,and 55 to what the county calls"R2 Residential" every property owner in blocks 44, 45,and 55 would be allowed to build single family homes as well as duplexes and triplexes if they choose. I copied&pasted from Mason County's code for R2 residential the following exact verbiage chapter and subchapter for your reference. County Code Chapter: 17.11.420-Allowed uses. (a) Single-family dwelling; (b)Duplexes; (c) Triplexes; (d)Multifamily If you have any questions about any aspect of the rezoning please call me at the numbers above. By reviewing and signing this document below you are indicating that you are okay with changing the zoning to R2 Residential.Please mail or email back to me a signed copy. Property Owner � � Date Property Owner Date Sincerely hoga� Jeff Carey, Encl.Zoning Map 1- Page 1 of 1 D:\\\\\\\Ltr7904390a-HC u: Jeff Carey 890 E.Cedar 5t.: BELFAlR, WA. 98528 Phn: (360)275-0780 or cell: (360)731-5683 June 28, 2019 Susan Welch Kathy&Neil Anderson 4062 N.El Sereno Cir. Mesa AZ. 85207 Dear Neil. Subject: Approval of rezoning of your 6 parcels in Allyn. used with you over the phone,it is my intent to have Mason County rezone Block 44,45, and 55 which are As I disc Y adjacent,across the right of way of Drum street to your lots in Block 62 and others-I own owners and mylself inots in the futurlock 44 e to my brother owns five lots in Block 55.The purpose of rezoning is to allow property build single family residential homes which we currently cannot do. Current zoning allows for commercial5,an55&retail to what along the down to a duplex but not single family homes.By rezo,.block 44, with multifamily dwellings 45, and 55 would be allowed to build single family county calls ,R2 ResidentiaT every property owner in blocks 44, homes as well as duplexes,triplexes and multifamily dwellings if they choose. ne calls on this matter you have indicated that you feel that there is too Since our first conversation and on several later phouse and that you feel,with the knowledge you have of much undeveloped property in Allyn that is zoned for commercial the Allyn area,the your properties would better off being zoned R2 Rotessi dential and if at all passible to please include your six tax parcels in my rezoning request and application with Mason On 6/24/2019 I filed an application to rezone the original three blocks I intended to at the start of the process plus the four st- additional blocks that include the follo gsr12220-50-60009, 12220-50-61004,l numbers of yours at Your 12220-50-61009, 12220-50-62002, and Your six tax parcels are: 12220-50-60001, 12220-50-56001. I al the following exact verbiage chapter and subchapter for copied&pasted from Mason County's code for R2 resident' your reference. County Code Chapter: 17.11.420-Allowed uses. (a)Single-family dwelling; (b)Duplexes; (c)Triplexes; (d)Multifamily If you have any questions about any aspect of the rezoning please call me at the numbers above. By reviewing and signing this document below you are indicating that you are okay with changing the zoning to R2 Residential.Please mail or email back to me a signed copy. Property Owner Dae G 11/�l 11 Page 1 of 2 c:URI\Wr1 M8a AW Jeff Carey Owner �'�I . Date d ' Property � 1 f Date � � t Property Owne Date Property Owner �u f Sincerely Jeff Carey, Encl.Zoning Map Page 2 of 2 1),1Adv 201810 BkldkMIK Yemc\Adm nlGorrwpmdence-OUuALtdg=8a AW.doc Jeff 890 E.Cedar 5t.: BELPAIR,WA. 98528 Phn: (360)275-0780 or Cell: (360)734-5683 August 8,2019 Carolyn Balkema P.O.Box 75033 Seattle,WA. 98175 Dear Carolyn_ Subject: Approval of rezoning of your lots in Allyn under parcel(s)# 12220-50-56002, 12220-50-57001,& 12220- 50-57002. As I discussed with you over the phone,it was my original intent to have Mason County rezone Block 44,45, and 55 which are both across the street and adjacent to your parcel ending in 56002. 1 own a couple of lots in block 44 and my brother owns several lots in Block 55.The purpose of rezoning is to property owners and myself in the future to build single family residential homes which we currently cannot do. Current zoning allows for commercial&retail along with multifamily dwellings down to a duplex but not single family homes.By rezoning block 44,45,and 55 to what the county calls "R2 Residential" every property owner in blocks 44,.45, and 55 would be allowed to build single family homes as well as duplexes,triplexes and multifamily dwellings if they choose but commercial and retail development would not be allowed. I have include a PDF file map/drawing to hopefully show in a map/drawing what we are trying to do and what the current suirounding conditions are. On 6/24/2019 I filed an application to rezone the original three blocks I intended to at the stmt of this process. I further included several parcels from your neighbors to the south of your parcels along with your three parcels numbers 12220- 50-56002, 12220-50-67001 and 12220.50-57002 at your request. I did not include your parcel 12220-50-58001 on highway 3 at this time because 1 felt since this parcel was adjacent to the highway that this would probable entail more work&research and planning Hien I could afford at this tine.Further our request for rezoning went from about three acres to nine acres or about three times larger and that is quite a bit larger than anything else they have rezoned in the past in Allyn. I have been touch with the county's planning manager,Kell Rowen,regarding the county's planningschedules and at this time she thinks the request will come before the Mason County Commissioners some time in November subject to county workloads. I copied&pasted from Mason County's code for R2 residential the following exact verbiage chapter and subchapter for your reference. County Code Chapter: 17.11.420-AlIowed uses. (a)Single-family dwelling; (b)Duplexes; (c)Triplexes; (d)Multifamily Ifyou have any questions about any aspect of the rezoning please call me at the numbers above. l o:�amu.msoeo9acea Pagel 00 Jeff Carey By reviewing and si " g tliis document beI you are indicating that you are okay with changing the zoning to R2 Residential.Pleas or email bac o e a s' ed c y. Property Own r Date Property Owner '� {.�(t 1 Z J .. Date £S" /?�( / 1-01 q Sincerely Jeff Carey, Encl,Zoning Map Page 2 of 2 aWdv2DtB�d BfackweM YeiacNNamnit;onespaideMaOtluYM90eo9e�eadx Exhibit A The Allyn UGA VC to R2 Rezone The parcel rezoning List & Abbreviated Legal description: A) Parcel # 12220-50-44001, ALLYN BLK: 44 LOTS: 1-2 at .22 acres. B) Parcel # 12220-50-44003, ALLYN BLK: 44 LOTS: 3-4 at .22 acres. C) Parcel # 12220-50-44005, ALLYN BLK: 44 LOTS: 5-7 at .33 acres. D) Parcel # 12220-50-44008, ALLYN BLK: 44 LOTS: 8-9 at .22 acres. E) Parcel # 12220-50-44010, ALLYN BLK: 44 LOTS: 10 at .11 acres. F) Parcel # 12220-50-45001, ALLYN BLK: 45 LOTS: 1-4 at .44 acres. G) Parcel # 12220-50-45005, ALLYN BLK: 45 LOTS: 5-8 at .44 acres. H) Parcel # 12220-50-45009, ALLYN BLK: 45 LOTS: 9 at .11 acres. 1) Parcel # 12220-50-45010, ALLYN BLK: 45 LOTS: 10 at .11 acres. J) Parcel # 12220-50-55001, ALLYN BLK: 55 LOTS: 1-2 at .22 acres. K) Parcel # 12220-50-55003, ALLYN BLK: 55 LOTS: 3 at .11 acres. L) Parcel # 12220-50-55004, ALLYN BLK: 55 LOTS: 4-5 at .22 acres. M) Parcel # 12220-50-55006, ALLYN BLK: 55 LOTS: 6 at .11 acres. N) Parcel # 12220-50-55007, ALLYN BLK: 55 LOTS: 7 at .11 acres. 0) Parcel # 12220-50-55008, ALLYN BLK: 55 LOTS: 8-10 at .33 acres. P) Parcel # 12220-50-56001, ALLYN BLK: 56 LOTS: 1 at .11 acres. Q) Parcel # 12220-50-56002, ALLYN BLK: 56 LOTS: 2-10 & ALL VAC SULLIVAN ST ADJ LOTS 3-10 SURVEY 30/124 at 1.43 acres. R) Parcel # 12220-50-57001, ALLYN S 30/124 BLK: 57 LOT: 1 at .11 acres. S) Parcel # 12220-50-57002, ALLYN S 30/124 BLK: 57 LOT: 2 at .11 acres. T) Parcel # 12220-50-60001, ALLYN BLK: 60 LOTS: 1-7 at .85 acres. Note legal description may be incomplete. U) Parcel # 12220-50-60008, ALLYN BLK: 60 LOTS: 8 at .11 acres. V) Parcel # 12220-50-60009, ALLYN BLK: 60 LOTS: 9-10 S42/242 at .22 acres. W) Parcel # 12220-50-61001, ALLYN BLK: 61 LOTS: 1-3 & PTN VAC UHLMAN ADJLOT: 1 at .41 acres. X) Parcel # 12220-50-61004, ALLYN BLK: 61 LOTS: 4-5 S 42/242 at .22 acres. Y) Parcel # 12220-50-61006, ALLYN BLK: 61 LOTS: 6-8 at .33 acres. Z) Parcel # 12220-50-61009, ALLYN BLK: 61 LOTS: 9-10 S 42/242 at .22 acres. AA) Parcel # 12220-50-62002, ALLYN BLK: 62 LOTS: 2-10 & VAC PTN WHEELWRIGHT ADJ S 42/242 1.24 acres. Total acreage is 8.66ac.