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2021/01/19 - Regular Packet
W Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers .} 411 N 5th St, Shelton, WA 98584 January 19, 2021 Our Commission meetings are live streamed at http://masonwebtv.com/ Pursuant to Proclamation by the Governor 20-25.12, in person attendance to Commission meetings is temporarily restricted. During this time,we will accept public comment and testimony using Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. You can also e-mail msmith@co.mason.wa.us; mail in to the Commissioners'Office at 411 N 5"'St,Shelton, WA 98584; or call (360)427-9670 ext. 230. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners'Office no later than 4:00 p.m.the Friday before the meeting. These options are available only while COVID-19 Open Public Meetings Act(OPMA) meeting restrictions are in place. 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 Please see above options to provide public comment. These options are only available while COVID-19 OPMA meetings restrictions are in place. 6. Adoption of Agenda Items appearing on the agenda after'Item 1 a Public Hearings'maybe be acted upon before 9:15 a.m. 7. Approval of Minutes—January 4, 2021 Briefing Minutes and January 5, 2021 Regular Meeting Minutes 8. Approval of Action Agenda Items listed under'Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval to appoint Cynthia Brehmeyer to the Mason Transit Authority Board to fill a vacated elected official term that ends December 2023. 8.2 Approval to amend Resolution # 27-07 Deletion of Budgetary Accounting Fund 116-000000- 000-000, Historical Preservation Fund. 8.3 Approval to amend Resolution # 01-96 to reflect updated policy and procedures based on the Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation (DOT) to ensure all Mason County drivers operate commercial vehicles drug and alcohol free. 8.4 Approval of the 2021 Memorandum of Agreement Appendix A which provides funding for the Washington State University (WSU) Extension to provide programs in Mason County based upon the 2021 budget. 8.5 Approval to amend Resolution # 2020-109 for Proceeds of Sale of Surplus Property, equally splitting the proceeds of the sale of parcels # 32030-51-07010 and 32030-51-10001 at 2169 and 2179 Lake Boulevard in Shelton between Current Expense and Public Works. 8.6 Approval of Warrants&Treasure Electronic Remittances Claims Clearing Fund Warrant# 8076782-8077109 $ 4,761,472.38 Direct Deposit Fund Warrant# 74261-74640 $ 748,715.59 Salary Clearing Fund Warrant #.7005657-7005693 $ 1,041,208.68 Treasurer Electronic Remittances $ 6,543,844.37 8.7 Approval to accept the CARES Act funding reimbursement grant from the State Office of Public Defense for supplies. 8.8 Approval for the Chair to review and sign the 2021 contract with Taschner Law Office to procure services from Taschner Law to serve as a contracted Public Defense attorney for Mason County District Court. 8.9 Approval to hire one temporary full-time employee in Public Health to assist with the COVID-19 vaccine roll out. 8.10 Approval of the resolution to cancel uncollectable personal property taxes as listed and attested to by the Treasurer. 8.11 Approval to acknowledge receipt of the Treasurer's Annual Refund Report. 8.12 Approval for the Commissioners to sign the updated Interlocal Agreements with the seven Mason County School districts—Shelton, North Mason, Grapeview, South Side, Pioneer, Mary M. Knight, and Hood Canal —concerning the use of facilities during public health disasters and emergencies. 8.13 Approval to sign the resolution authorizing the County to purchase 45 grinder pumps and conversion kits as a sole-source purchase for$92,500 from Correct Equipment. 8.14 Approval for the Board of County Commissioners to sign the letter to the Governor regarding adjusting the guidelines for school district funding formulas that were implemented prior to COVID-19. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVYD-19 OPMA meeting restrictions are in place. 10.1 Public Hearing continued from January 5, 2021 to approve the proposed amendments to Title 14 consistent with the 2018 building codes as directed by the Washington State Building Code Council and by RCW 19.27 to become effective immediately on a voluntary basis and mandatorily effective on July 1, 2021. Staff: Kell Rowen &Josh Luck 11. Board's Calendar and Reports 12. Adjournment MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: January 19, 2021 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following A Change of Location for Royal Cannabis Production & Processing, Change of Corporate Officers Application for Green State Indoor Inc., Liquor License number 08112 has been discontinued, Marijuana License for Good Job Farms, LLC., Liquor and Marijuana License due to expire. 4.1.2 Federal Energy Regulatory Commission sent in a letter regarding Twelfth Independent Consultant's Safety Inspection Report for the Cushman Hydroelectric Project. Attachments: Originals on file with the Clerk of the Board. UC:U1V11VIKJ Neatnenin, 5nutty, I rasK Washington State ,Cterk,O.lutvLClcm A.pazliee Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION ROCESSING 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://Icb.wa.gov RETURN TO: localauthority@sp.lcb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 12/30/20 RE: CHANGE OF LOCATION APPLICATION from ROYAL CANNABIS PRODUCTION AND P 314 POWER PLANT RD PORT ANGELES,WA 98363-9553 32 APPLICANTS: License: 427733 - County:23 FIGUEROA GLASS&ERECTION, INC. UBI:601-358-843-001-0005 CRAMER, RICHARD LEE Tradename: ROYAL CANNABIS PRODUCTION&PROC (Spouse) 1955-05-13 New Loc: 4340 SE BLOOMFIELD RD UNIT A CRAMER, DELIA FIGUEROA SHELTON,WA 98584-8642 ESSING 1957-05-30 Mail: PO BOX 1256 PORT ANGELES,WA 98362-02 Phone No.: 253-861-9010 RICHARD CRAMERCOVE Privileges Applied For: MARIJUANA PRODUCER TIER 3 DEC 3 MARIJUANA PROCESSOR 1 20 Mason Courtly Commissioners As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CIM desk at(360) 664-1704. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4. If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neathenin, 5nuuy, r rasrc Washington State '1Elerk-5.1/Jc 1G/Vn A-1XV-19ec Liquor and Cannabis Board NOTICE OF MARIJUANA 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://Icb.wa.gov RETURN TO: localauthority@sp.lcb.wa.gov DATE: 12/31/20 TO: MASON COUNTY COMMISSIONERS RE: CHANGE OF CORPORATE OFFICERS/STOCKHOLDERS APPLICATION U B I: 603-357-232-001-0002 APPLICANTS: License: 429287 -7B County:23 GREEN STATE INDOOR INC. Tradename: GREEN STATE INDOOR INC. KIRBY, CALVIN Loc Addr: 160 W WESTFIELD CT STE B 1997-06-25 SHELTON,WA 98584-4604 SCIGLIANO, HOLLY C (Spouse) 1974-12-09 Mail Addr: 8028 185TH ST CT E SCIGLIANO, JOEY L PUYALLUP,WA 98375-2369 1973-11-27 Phone No: 253-310-7572 JOE SCIGLIANO Privileges Applied For: MARIJUANA PRODUCER TIER 1 MARIJUANA PROCESSOR As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CBRI desk at(360) 664-1704. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4. If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s) are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE r Cc:CMMRS Neatherlin, Shutty, Trask c�-larks,D-LJ ULC[OM A.PO-Li alc e- " -Seat i• `ST.1TC Washington State Licensing and Regulation £ PO Box 43098 liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 Emailed to: INNKEEPER(cbSELAHINN.COM ELiVE0 January 6, 2021 J A N 06 202 Mason County SELAH INN Commissioners 130 NE DULALIP LANDING BELFAIR, WA 98528 LICENSE: 081182 - 2N U B I: 601-881-298-001-0001 This letter is to notify you that your liquor license number 081182 has been discontinued. You may no longer engage in the production, sale, or service of liquor at the above location. If you wish to appeal this action, you have 20 days from the date of this letter to submit your request in writing to the WSLCB. You may submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 Sincerely, Customer Service / YCA Licensing & Regulation T: 360 664-1600 cc: County of Mason Olympia Enforcement WSLCB Beer and Wine Unit 10/2019 Cc:CMMRS Neatherlin, Shutty, I raSK Washington State 1'CIerk' D,W`Ad OM 7pltt4j e e Liquor and Cannabis Board IC -eowo', NOTICE OF MARIJUANA LICENSE ArrL1c;A'1'10N 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 RETURN TO: localauthority@sp.lcb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 1/07/20 RE:ASSUMPTION APPLICANTS: From NEW SUSSEX FARM LLC Dba NEW SUSSEX FARM LLC GOOD JOB FARMS LLC AYALA, MICHAEL License: 413463 -7B County:23 1982-08-04 U B I:604-605-456-001-0001 }�_ � Tradename:GOOD JOB FARMS,LLC Loc Addr: 6841 NE ELFENDAHL PASS RD BELFAIR,WA 98528-9734 Jam; 0 LI3�i Mail Addr: 1424 EARNEST S BRAZILL ST APT iv1Gson Count TACOMA,WA 98405-3610 Commissioners Phone No.: 360-372-2043 MICHAEL AYALA Privileges Applied For: MARIJUANA PRODUCER TIER 1 As required by RCW 69.50.331(7), the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360) 664-1704. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-060 for information about this process) 4. If you disapprove,per RCW 69.50.331(7)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 Washington State Liquor and Cannabis Board P 0 BOX 43098 www.liq.wa.gov Fax #: (360) 753-2710 January 06, 2021 Dear Local Authority: RE: Marijuana License Renewal Applications in Your Jurisdiction Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a marijuana license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing, Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAC 314-55-165) . If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submiti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration date or the licensee has already renewed the license; the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAG 314-55-165 (2) (b)) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order &ono0hei®gattl6srrded&riofihe Board members have final authority to renew the marijuana license and will enter a final 5) Procedure if Board Renews License Over Your Objection (WAG 314-55-165 (2)(a)) If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wsicb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 01 /06/2021 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20210630 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 HAZY DAZE INC HAZY DAZE 412452 NON-RETAIL PRIVILEGES 1982 NE OLD BELFAIR HWY MARIJUANA PROCESSOR BELFAIR WA 98528 9657 2 . AMAZINGARDENS LLC THE DAB LAB 430394 MARIJUANA PRODUCER TIER 3 160 W WESTFIELD CT UNIT F - MARIJUANA PROCESSOR SHELTON WA 98584 0000 'C c. CMMRS Neatherlin, Shutty, Trask CClerk Washington State � e Liquor and Cannabis Board PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax #: (360) 753-2710 January 06, 2021 Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny -any requests for extension of time to submit objections. Your request for extension- will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request'a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8)(d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLOB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 01 /06/2021 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20210430 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 SAIL ON IN, LLC SAIL ON IN 427272 BEER/WINE REST - BEER/WINE 18191 E STATE ROUTE 3 OFF PREMISES ALLYN WA 98524 8794 2 . CASEY'S BAR AND GRILLE, INC CASEY'S BAR AND GRILLE 364305 SPIRITS/BR/WN REST LOUNGE - 24090 NE HWY 3 BELFAIR WA 98528 0000 3 . HAPPY CJ, INC HAPPY HOLLOW GROCERY 070117 GROCERY STORE - BEER/WINE 15280 E HWY 106 BELFAIR WA 98528 0000 4 . FRATERNAL ORDER OF EAGLES "NOR' NORTH MASON EAGLES #4226 082754 PRIVATE CLUB -' SPIRITS/BEER/WINE 80 NE ALDER CREEK LANE NON-CLUB EVENT BELFAIR WA -98528 0000 5 . CHAU, HUNG THE RICE BOWL 401241 BEER/WINE REST - BEER/WINE 23690 NE HWY 3 BELFAIR WA 98528 0000 6 . KROHN FAMILY FARMS LLC LONG ROAD WINERY 406281 DOMESTIC WINERY < 250,000 LITERS 550 NE LAKERIDGE DR BELFAIR WA 98528 8720 7 . HOODSPORT PIZZERIA HOODSPORT PIZZERIA 424962 BEER/WINE REST - BEER/WINE 150 N LAKE CUSHMAN RD HOODSPORT WA 98548 4525 8 . MASON COUNTY SENIOR ACTIVITIES THE MASON COUNTY SENIOR ACTIVITIES CENTER 419279 SENIOR CENTER 190 W SENTRY DR SHELTON WA 98584 8045 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 01 /06/2021 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20210430 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 . MBES, CORPORATION SPENCER LAKE GROCERY 365770 GROCERY STORE - BEER/WINE 1081 E PICKERING RD SHELTON WA 98584 8187 10 . BEULAH'S BEACH LLC SUMMERTIDE STORE 079534 GROCERY STORE - BEER/WINE 15781 NE NORTHSHORE RD TAHUYA WA 98588 9603 Berk 2, FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections - Portland Regional Office 805 SW Broadway, Suite 550 Portland, Oregon 97205 (503) 552-2700 12/21/2020 In reply refer to: P-460-WA VIA Electronic Mail R E C E FV Mr. Chris Mattson j N 04 202 i Generation Manager Tacoma Public Utilities Mason County i Commissioners cmattson ,ci.tacoma.wa.us Subject: Twelfth Independent Consultant's Safety Inspection Report for the Cushman Hydroelectric Project due by June 1, 2022 with revised PFMA requirements. Dear Mr. Mattson: Three copies of the Twelfth Independent Consultant's Safety Inspection Report (Report) for the Cushman Hydroelectric Project, FERC No. 460, are to be submitted to this office by June 1, 2022. Code of Federal Regulations (CFR) 18, Part 12, Subpart D, of the Commission's regulations prescribes the scope of the Independent Consultant (IC) evaluations and field inspection, as well as the information that must be contained in the Report. An electronic version of the report in a searchable format should also be included with the submission. To ensure that the Report will not be rejected you are encouraged to take time and review these responsibilities and our guidance as some requirements have changed. Enclosure 1 is a bullet list highlighting the changes in the Part 12D process discussed in this letter. Your responsibilities as the Licensee, as well as those for your IC, are discussed in more detail in Enclosure 2; and the Report outline to be used by the IC is included as Enclosure 3. We recently posted updates to Chapter 14, Appendices H, J, K, and L, and encourage you to review these updates and Engineering Guidelines located at: hltps://www.ferc.gov/industries-data/hydropower http s://www.fere.gov/industries-data/hydropower/dam-safety-and- inspections/en ing eering-guidelines-evaluation-hydropower 2 We will be calling you two times during the process of developing a Part 12D report to go over our expectations for the Part 12D report and that of your Independent Consultant (IC). The first call will occur shortly after you receive this letter. Having this call early in the Partl2D process should help you frame the scope of work entered into with your IC. The second call will occur at least 90 days before the PFMA review discussed below and will be conducted with your IC also participating. On January 5, 2018, the Independent Forensic Team (IFT) released their final report on the Oroville Dam Spillway Incident. The IFT Report highlights several issues, one in particular being that the Part 12D inspection program is meant to ensure that there is a "periodic comprehensive review of original design and construction and subsequent performance." We must all strive to avoid over-relying on the reputation and expertise of previous consultants to justify their assessment of project safety and instead require that the current consultant provide their own critical independent review. This review must also take great care to avoid accepting observed anomalies as normal. Critical review should include the original design and construction documentation and an assessment of any necessary investigation, analysis or remediation. You are reminded that failure to conform to the requirements of the Part 12D process will result in rejection of the report. Potential Failure Modes Analysis Update Requirements Section 1 of your Supporting Technical Information (STI) document should be a PFMA report completed during a previous submittal under the Part 12D process. During a recent FERC-wide reevaluation of PFMs, we discovered that many still do not meet the expectations that we have for complete PFMs. You should be aware that it is likely that many of the existing PFM's may require revision to more fully describe the actual mode of failure. Each PFM must have a specific loading condition, mode of failure, defined consequence to public safety, and category. To that end, we are requiring you to set up a telephone conference or a face-to-face meeting at least 90 days prior to the PFMA review with your independent consultant to discuss our expectations for the PFMA review. During this meeting, we will review the level of effort required for the PFMA review, as discussed in our first telephone call. This effort could range from simply reviewing the PFMA Report, to performing a complete revision of the PFMA process overseen by a Facilitator. Enclosure 4 provides and outline for additional topics to be discussed during the pre-meeting. It is acceptable to move the original PFMA report to the STI appendix and use a new report in Section 1 if our review of that report determines that it is acceptable. Our determination will include review for adequate references to all previous PFMA reports and cross-references for PFM number changes. t r 3 For more information on how to complete well-developed PFMs, please refer to the D2SI website at https://www.fere.gov/industries-data/hydropower/darn-safety-and- inspections/potential-failure-modes-pfms. The Oroville IFT Report also identified shortcomings with the current PFMA process, noting that it focuses too heavily on uncontrolled release of the reservoir, does not adequately consider interaction of project features, and too often does not reconsider PFMs that have been dismissed previously. Your PFMA review should take these findings into account as part of a complete review. Proiect Features Commission Regulations require that the project works of a development subject to Part 12, Subpart D, of the Commission's Regulations be inspected and analyzed periodically by an IC. This includes all dams and all principal works of the development. If applicable, the IC's inspection should also include inspecting the spillway apron for undermining. The following dams and associated appurtenant water retaining structures require inspection at your project: • Cushman Dam No. 1 • Cushman Dam No. 1 Spillway • Cushman Dam No. 2 The following actions, which were either outstanding from previous Part 12 Reports, previously requested by FERC letter, or became apparent during our review of existing documents, will also need to be addressed by the IC in this Report: 1. The ongoing seismic hazard analysis for the project should be reviewed and commented on. 2. The area of observed depressions along the left abutment of Cushman No. 1 Spillway should be inspected thoroughly and the origin and importance if any depressions or seepage should be assessed. 3. The caution and action levels for Cushman Dam No. 1 spillway embankment Piezometers PE-l0A and PE-20 and the acceptance of minor excursions since the core wall extension completed in 2012 should be reviewed and assessed. 4. The adequacy of the current seepage monitoring practices for the right abutment of Cushman Dam No. 2 should be reviewed and assessed. 5. The condition of the project intake tunnel should be reviewed. � a 4 IC Approval You must obtain approval of your proposed IC(s) prior to the initiation of the field inspection. You should send three copies of your letter requesting approval of the IC (together with the proposed IC's detailed r6sum6) to: Mr. David Capka, P.E., Director Division of Dam Safety and Inspections Federal Energy Regulatory Commission Office of Energy Projects 888 First Street, N.E., Room 6N-01 Washington, D.C. 20426 One copy of the letter and resume should also be sent to this office. By regulation, the request for the approval of the IC and the resume are to be filed at least 60 days prior to the initiation of the safety inspection. In order to allow your IC adequate time to inspect your project and prepare the Report, we request that you submit the request letter and resume at least six months before the Report is due; that is, by December 1, 2021. The first Report for newly constructed projects or projects where a major dam safety remediation has recently been completed may be done by the design engineer or an engineer from the design engineer's firm. The next Report must be completed by a different engineer not associated with either the design or construction firm. Subsequent Reports may be completed by an engineer associated with the design, construction, or remediation work. However, an engineer or engineers from the same firm will not be approved as the IC for more than two consecutive Reports for any project. We will be contacting you shortly after you receive this letter to coordinate a teleconference or meeting prior to selecting an IC. This meeting will serve to coordinate any outstanding issues, studies, discuss the condition of the existing PIMA, and otherwise gain an understanding of our expectations for the inspection. This will enable you to better develop a complete scope of work for the IC. Once the IC has been approved, it is your responsibility to provide the IC with copies of, or access to, all project files well in advance of the field inspection. You should include file review in your scope of work and strongly encourage the IC to adequately prepare for the field inspection by adequately reviewing all the pertinent background information for the project in advance. Inadequate preparation of your IC may result in the need to reschedule the inspection until they are properly prepared to perform a thorough inspection. 5 Report It is critically important that the IC review, evaluate, and comment on the appropriateness and current validity of all the previous analyses located in Section 8 of the STI. Section 7 of the Report should contain your IC's detailed assessment of the STI including the PFMA report. Acceptable technical criteria are prescribed in FERC's Engineering Guidelines. If needed, this publication can be downloaded from our website at: https://www.ferc.gov/industries-data/hydropower/dam-safe -and- inspections/en ing eering-guidelines-evaluation-hydropower The Report outline to be used by the IC is also included as Enclosure 3 and Enclosure 5 provides a copy of 18 CFR 12D. Report Follow-Up If the IC makes specific recommendations in the Report, Section 12.39 of CFR 18 requires you to submit to us, within 60 days of the date the Report is filed, your plan of action and schedule to satisfy these recommendations. It is also necessary to confirm your agreement with the IC's recommendations to continue any ongoing measures (e.g. annual settlement survey) specifically identified in the Report. Your plan of action may include any proposal, including taking no action, that you consider a preferable alternative to any corrective measures recommended by the IC in the Report. However, any proposed alternative must be supported by complete justification and detailed analysis and evaluation in support of that alternative. Unresponsive Reports Will Be Returned We have noted several instances lately where an IC did not make "a clear statement that they have reviewed the pertinent analyses and evaluations along with the underlying assumptions and that they have concluded that the assumptions and methods of analysis or evaluation were appropriate for the structure, were applied correctly and are appropriate given current guidelines and the state of dam safety practice" as is required by the Commission's Guidelines. A general statement is not acceptable. The Report should indicate in each section that this review and concurrence has been completed. Please ensure that the Report fulfills this requirement, as unresponsive Reports received by the D2SI will be returned for resubmittal. The Commission's dam safety program is a cooperative process that includes the licensee, the IC, and the FERC. The most important of the three elements is the licensee, as they operate the dam, see the dam on a regular basis, and are responsible for the surveillance and monitoring plan used to determine if a potential failure mode is 6 developing. It is the licensee's responsibility to submit the IC's Report to the FERC and ensure that the Report meets the requirements of the Commission's Regulations and Guidelines before it is submitted. The Report is a FERC requirement and a valuable resource for you as the dam owner. Enclosure 2 provides a more complete discussion of the requirements of the Commission's Regulations and Guidelines. If you have any questions regarding this letter or Enclosures, please do not hesitate to call me at 503-552-2700. Your support is critically important and I am available to discuss any concerns or comments that you may have. Sincerely, 57& 'zi-44, Douglas L. Johnson, P.E. Regional Engineer Enclosures: 1. Bullet list highlighting changes in responsibilities and guidance 2. Licensee and Independent Consultants Responsibilities 3. IC's Safety Inspection Report Outline 4. 90 Day Pre-Meeting Agenda Conference Call 5. 18 CFR 12D , Enclosure 1 Changes to Part 12D Process • Page 1, Paragraph 1 - An electronic version of the consultant's Part 12D report, in a searchable format, is required. • Page 1, Paragraph 1 - Chapter 14 of our Guidelines: Appendices H, J, K, and L have been updated and contain new requirements. • Page 2, Paragraph 1 - Two teleconferences with D2SI staff and management are required: 1) After you receive this letter, with your staff, to discuss our expectations of your consultant and help you develop the scope of work, and 2) At least 90 days before the Potential Failure Modes Analysis (PFMA) review, with your staff and consultant, to discuss our expectations for the PFMA review and documentation. • Page 2, Paragraph 4 - Note paragraph(s) summarizing specific deficiencies in initial PFMA or specific PFMs that need to be re-developed, and list of outstanding studies or items (Page 3) that need to be reviewed by and incorporated into the consultant's Part 12D report. • Page 5 —Unresponsive Reports will be returned Reminder: The PFMA review and documentation must be thorough and complete. The consultant's Part 12D report must contain specific statements about their independent review and agreement with the analyses, evaluations, and assumptions described in the Supporting Technical Information (STI) document; and must confirm the analyses and evaluations meet current guidelines and are in accordance with current dam safety practice. The Part 12D report will be rejected if all requirements are not met. • Enclosure 3 —Revised Section 7 IC assessment outline Revised Chapter 14, Appendix H, Section 7.0, IC assessment of STI document. Further described the responsibility of the IC to assess the contents of the STI and clarified items to consider when summarizing each section of the STI. Added example statements offered as general guidance for use by the IC when making a definitive statement regarding each section of the STI. PFMA review and documentation must be thorough and complete. The IC's report must contain specific statements about their independent review and agreement with the analyses, evaluations, and assumptions described. hops://www.fere. ov/en ing eerin guidelines-evaluation-hydropower-projects-14 Enclosure 1 THIS PAGE INTENTIONALLY LEFT BLANK Enclosure 2 Licensee and Independent Consultant Responsibilities The FERC dam safety process encompasses three distinct and separate entities each with their own responsibility in assuring dam safety; the dam owner, the Independent Consultant, and the FERC Division of Dam Safety and Inspections (D2SI). The triad of dam owner, Independent Consultant, and WSI was put in place to provide three independent assessments of a dam's suitability for safe and reliable operation. First and foremost is the dam owner. The Federal Power Act, under Section 10, places full and complete liability for the safe operation of the project on the owner; 16 U.S.C. Section 803c states that: "the licensee shall maintain the project works in a condition of repair adequate for the purposes of navigation and for the efficient operation of said works in the development and transmission of power, shall make all necessary renewals and replacements, shall establish and maintain adequate depreciation reserves for such purposes, shall so maintain, and operate said works as not to impair navigation, and shall conform to such rules and regulations as the Commission may from time to time prescribe for the protection of Jife, health, and property. Each licensee hereunder shall be liable for all damages occasioned to the property of others by the construction, maintenance, or operation of the project works or of the works appurtenant or accessory thereto, constructed under the license and in no event shall the United States be liable therefore." (Emphasis added) The owner is also liable under United States common law (see Legal Liability for Dam Failures, Denis Binder, 2009 and Liability for Water Control Structure Failure Due to Flooding, Edward A. Thomas, 2006). The second entity, for dams which fall under the requirements of the 18CFR12D of the Commission's Regulations (Regulations —copy attached), is the Independent Consultant. The Regulations specify that dams that meet the requirements outlined in 18CFR12D be: "... periodically inspected and evaluated by or under the responsibility and direction of at least one independent consultant, who may be a member of a consulting firm, to identify any actual or potential deficiencies, whether in the condition of those project works or in the quality or adequacy of project maintenance, surveillance, or methods of operation, that might endanger public safety." (18CFR12.32) The Consultant's report is submitted to the FERC by the licensee. It is the licensee's responsibility to assure that the report meets the requirements of the Commission's Regulations and Guidelines before it submitted to FERC. Although the report is required Enclosure 2 Page 2 of 4 by the FERC under the statutes noted above, the report is also a valuable resource for the dam owner, especially those that do not have the staff necessary to assure the safe and reliable operation of the dam. The FERC is the third entity involved in assuring the safety of dams under Commission regulation. As the regulator, the FERC is responsible for assuring that the requirements of the Commission's Regulations and Guidelines are met and to check licensee's submissions for apparent errors or omissions. FERC's acceptance of a report is recognition that the report, at the time it was submitted, met the Commission's Engineering Guidelines. It does not imply that the report will continue to meet the Guidelines into the future as our Guidelines may change due to evolution in the practice of dam safety; loadings may change due to a better understanding of the seismic or hydrologic regime in which the dam is located, or deterioration of the dam itself. Chapter 14 of the Commission's current Engineering Guidelines (Guidelines) requires the owner to prepare a Supporting Technical Information Document that is intended to include summaries of"all relevant reports on the safety of the development made by or written under the direction of Federal or state agencies, submitted under Commission regulations, or made by other consultants" related to the safety of the dam. Chapter 14 of the Guidelines also includes the outline for the Independent Consultant's Report. The outline requires "in each section, where appropriate, the Independent Consultant shall make a clear statement that they have reviewed the pertinent analyses and evaluations along with the underlying assumptions and that they have concluded that the assumptions and methods of analysis or evaluation were appropriate for the structure, were applied correctly and are appropriate given current guidelines and the state of dam safety practice." This statement is intended to fulfill the requirement in 18CFR12.37 for the report to "Analyze the safety of the project works and the maintenance and methods of operation of the development fully in light of the independent consultant's reviews, field inspection, assessments, and evaluations described in §12.35". When the Consultant fails to "make a clear statement that they have reviewed the pertinent analyses and evaluations along with the underlying assumptions and that they have concluded that the assumptions and methods of analysis or evaluation were appropriate for the structure, were applied correctly and are appropriate given current guidelines and the state of dam safety practice," the Consultant is failing to meet both the requirements of 18CFR 12.37 to "Analyze the safety of the project works and the maintenance and methods of operation of the development fully in light of the independent consultant's reviews, field inspection, assessments, and evaluations described in §12.35" and the requirements of Chapter 14 of the Guidelines. When a Enclosure 2 Page 3 of 4 Consultant justifies the adequateness of a section in the Supporting Technical Information document by stating that the FERC conducted its own study or that the FERC had previously accepted a report submitted by the licensee, the Consultant is, in essence, attempting to delegate their responsibility to the FERC. The necessary three parts of the dam safety process provided for assuring the safe and reliable operation of FERC regulated dams is effectively reduced to only two when a Consultant does not "analyze the safety of the project works and the maintenance and methods of operation of the development fully in light of the independent consultant's reviews, field inspection, assessments, and evaluations described in §12.35." This is unacceptable to the FERC and should be unacceptable to any dam owner with an appreciation of their responsibility and liability. Reports that fail to meet the requirements of the Regulations and/or Guidelines may be considered patently deficient and will not be accepted until they meet the requirements Enclosure 2 Page 4 of 4 THIS PAGE INTENTIONALLY LEFT BLANK Enclosure 3 Part 12D Safety Inspection Report Outline Table of Contents The Table of Contents must show the initial page numbers for each section. If any subsection is not applicable, include the subsection with a statement of"Not Applicable" and an explanation of the reason(s) why. For licensed projects that include multiple independent dam and powerhouse developments, separate Part 12D reports should be published for each development. 1. Findings and Recommendations 2. Project Description 3. Discussion of Potential Failure Modes Analysis Report 4. Surveillance and Monitoring with Respect to Potential Failure Modes 5. Field Inspection 6. Operation and Maintenance Programs Relative to Potential Failure Modes 7. Assessment of Supporting Technical Information Document List of Tables (with location) List of Figures (with location) List of References Appendices for Part 12D Inspection Report A. FERC Letter Requiring Part 12D Inspection B. FERC Letter Approving Part 12D Consultant - Include date of current report outline provided by FERC. Use report outline provided with FERC letter,not latest revision. C. Project Figures Only provide general overview drawings necessary to understand the project and items discussed in the report. If figures are placed in Section 2, provide a statement that figures may be found in Section 2. Optionally, if the STI document is bound with the Part 12D report provide a statement that figures may be found in the STI document; duplicate drawings from the STI document do not need to be included in the Part 12D report. Detailed drawings should be included in the Supporting Technical Information document. D. Instrumentation Monitoring Data Plots List each figure and drawing included in the report. Optionally, instrumentation plots may be placed in Section 4 of the report and a statement included in Appendix D that the plots may be found in Section 4. E. Inspection Photographs Enclosure 3 Page 2 of 18 Optionally, some or all of the photographs may be included in the appropriate sections of the report. If photographs are included within the report,provide a list of the photographs and the corresponding page number in Appendix E. F. Inspection Checklists and/or Field Notes (Optional) G. Operation and Maintenance Documentation (If required) 1.0 Findings and Recommendations This Section includes a summary of the Part 12D Independent Consultant's findings and assessments and the Part 12D Independent Consultant's conclusions and recommendations. 1.1 Findings 1.1.1 Summary assessment of the PFMA report 1.1.2 Summary assessment of the Surveillance and Monitoring Plan 1.1.3 Summary of Field Inspection Findings 1.1.4 Summary of O&M status 1.1.5 Summary Assessment of"Supporting Technical Information" document Note: Specifically identify any new calculations prepared subsequent to the previous Part 12D Report. 1.2 Conclusions The conclusions of the Independent Consultant regarding the condition and suitability for continued safe and reliable operation of the project and specific conclusions regarding the information in each Section of this Part 12D report. 1.2.1 Conclusions regarding the suitability of the Project for continued safe and reliable operation. 1.2.2 Conclusions regarding the Project Description 1.2.3 Conclusions regarding the Potential Failure Modes Analysis Report 1.2.4 Conclusions regarding the Surveillance and Monitoring Plan 1.2.5 Conclusions regarding the Field Inspection 1.2.6 Conclusions regarding the Operation and Maintenance Programs 1.2.7 Conclusions regarding the "Supporting Technical Information" document. Enclosure 3 Page 3 of 18 1.3 Recommendations The recommendations of the Independent Consultant to improve or maintain the condition and suitability for continued safe and reliable operation of the project and specific recommendations regarding the information in each Section of this Part 12D report. 1.3.1 Recommendations regarding the suitability of the Project for continued safe and reliable operation. 1.2.2 Recommendations regarding the Project Description 1.3.3 Recommendations regarding the Potential Failure Modes Analysis Report 1.3.4 Recommendations regarding the Surveillance and Monitoring Plan 1.3.5 Recommendations regarding the Field Inspection 1.3.6 Recommendations regarding the Operation and Maintenance Programs 1.3.7 Recommendations regarding the "Supporting Technical Information" document 1.4 Certification Note: By signing this document, the Part 12D Independent Consultant is stating that the entire report has been developed by and under the direction of the undersigned. The Part 12D Independent Consultant shall make a clear statement that he/she generally concurs with the assumptions, methods of analyses, and results of all studies documented in the report. The Part 12D Independent Consultant is thus taking responsibility for the Part 12D report content as a Professional Engineer. 1.4.1 List of all field inspection participants 1.4.2 Reference to FERC Order 122 dated March 1, 1981, and paragraph 12.37 (c) (7)• 1.4.3 Signature(s) of Part 12D Independent Consultant(s) and PE Stamp See Appendix A: FERC Letter Requiring Part 12D Inspection See Appendix B: FERC Letter Approving Part 12D Consultant - (Include date of current report outline provided by FERC) 2.0 Project Description 2.1 Brief Project Description For each major element and ancillary structure, provide a brief description of the type of structure, general dimensions, etc. The detailed project description will be in the "Supporting Technical Information" document. Enclosure 3 Page 4 of 18 For multi-project or development licenses, include a brief outline of how this site fits with the other projects. Include a short paragraph with very brief project history. When constructed,when modified, any incidents. 2.2 Hazard Potential Classification. Based on views from the dam, other project works inspected and discussion with the licensee, document any changes in upstream or downstream conditions that might affect the Hazard Potential Classification. Review with the licensee the methods and assumptions used to develop the IDF. If the IDF is less than the PMF, the IC should confirm that the IDF is still valid based on an assessment of the downstream conditions as noted above. 2.3 Summary of Standard Operating Procedures 2.3.1 Purpose of Project(Run of river, storage, flow augmentation, flood surcharge storage, control reserve,pumped storage, etc.) 2.3.2 Reservoir rule curves by season(include seasonal reservoir level operating levels and restrictions of reservoir level due to safety concerns, if any) 2.3.4 Standard gate operation procedures (lead and following gates, emergency power systems, etc.) 2.4 Modifications Conducted for Project Safety Document any modifications to project works since the last Part 12D inspection that have been done to improve project safety. (i.e.: spillway gates reinforced, seepage drain, berm added, crest raised,post-tensioned anchors installed, foundation drains or relief wells cleaned, etc.). In the next Part 12D Safety Inspection Report, these items will become part of Section 2.1. This information should be fully described in the updated"Supporting Technical Information" document submitted with the Part 12D report. Do not include routine maintenance such as unit overhaul, gate painting, etc. Note that generators, transformers, and transmission facilities are excluded from the Part 12D program under 18CFR subsection 12.35. 2.5 Flood History 2.5.1 Flood of Record, PMF, IDF 2.5.2 Zero freeboard spillway capacity 2.5.3 Peak spillway discharge during last five year period 2.5.4 Peak reservoir elevation during last five year period See Appendix C: Project Figures (Note: If the STI document is bound with this report, do not duplicate figures) Enclosure 3 Page 5 of 18 3.0 Discussion of Potential Failure Modes Analysis Report Do not include security issues in the Part 12D report. For licensed projects that include multiple independent dam and powerhouse developments, separate PFMA studies and reports should be made for each development. 3.1 General Identify the Core Team members, and their affiliations, who developed the comprehensive Potential Failure Modes Analysis (PFMA) or its update. Note that the process was in accordance with FERC "Engineering Guidelines for the Evaluation of Hydropower Projects," Chapter 14. 3.2 Assessment of Potential Failure Modes Analysis Report Assess the viable potential failure modes identified in the PFMA report. These would generally be Category 1 through Category 3 PFMs. Provide an assessment of the reasonableness and completeness of the failure mode scenario and whether the PFMs identified have a real possibility of occurrence. Potential Failure modes should be listed in order of importance. Each PFM assessment should include: • A description that includes the sequence of conditions and events that would lead to the potential failure mode; • An assessment of the risk reduction opportunities for each PFM; and • An assessment of the Surveillance and Monitoring Plan for each PFM. For example, the report would be formatted as follows. 3.2.1 PFM 1. (i.e. internal erosion, piping) 3.2.1.1 Description of PFM (maybe taken from PFMA report) 3.2.1.2 Assessment of Risk Reduction Opportunities 3.2.1.3 Assessment of Surveillance and Monitoring Plan 3.2.2 PFM 2. (i.e. Seismic induced deformation) 3.2.2.1 Description of PFM (may be taken from PFMA report) 3.2.2.2 Assessment of Risk Reduction Opportunities 3.2.2.3 Assessment of Surveillance and Monitoring Plan Etc. 3.3 Are there new potential failure modes that have been identified and addressed in this report or that should be assessed? If so, include the appropriate Description of the PFM, Assessment of mitigation actions and Assessment of the SMP as discussed above. See "Supporting Technical Information" document: Potential Failure Modes Analysis Study Report (Update as appropriate) 4.0 Surveillance and Monitoring with Respect to Potential Failure Modes Enclosure 3 Page 6 of 18 Note: Review and assessment of Surveillance and Monitoring Plans must always be done from the point of view of potential failure modes. Although the primary assessment is with respect to the potential failure modes identified in the PIMA study, the Independent Consultant must determine if there are potential failure modes not previously addressed or not adequately considered. For the purposes of this section, a Threshold Level is the value used in the analysis or design, or is established from the historic record. An Action Level is the instrument reading that triggers increased surveillance or an emergency action. 4.1 Operator's Surveillance Program Daily and weekly operator's inspections and reports. 4.2 Active Instrumentation: Include a schematic figure showing location of instrumentation(not detailed or cross section). This will vary by project. Discuss only the instruments actually at the project. Is instrumentation in accordance with Chapter IX of the FERC "Engineering Guidelines for the Evaluation of Hydropower Projects?" Is the instrumentation functioning properly? Examples of instrumentation to be included: • Piezometers • Weirs • Settlement/alignment monuments • Crack gages • Upstream river and/or rain gage stations • Headwater/tailwater(alarm systems) 4.3 Threshold and Action levels For each instrument, or group of instruments as appropriate, provide a table of Threshold and Action levels as defined above. 4.4 Reading procedures/frequency For each instrument, or group of instruments as appropriate, discuss: • Data acquisition procedures (manual/automated) • Data evaluation procedures (process; is data evaluated in a timely manner by a qualified engineer; are readings compared to Threshold and Action levels defined for each instrument) • Spurious readings (are spurious readings confirmed or explanations provided) Enclosure 3 Page 7 of 18 4.5 Assessment of Instrumentation Data and Surveillance and Monitoring Plans Relative to Potential Failure Modes. Include newly identified potential failure modes 5.0 Field Inspection 5.1 Field Inspection Observations For each element of the project(i.e.: spillway, earthfill embankment, gravity section, intake, powerhouse, conveyance system, etc.), observe and report visual observations of the following issues as appropriate. Include pictures to document significant project features and observations. If an inspection checklist is used, include a copy of the checklist Appendix F. A site-specific inspection checklist should be formatted to include specific visual surveillance items identified in the PIMA. The intent of this section is to highlight changed conditions for the report reviewer, not to document unimportant or minor details. The report should be in text format by structure or element addressed individually. For each structure or element of the project, the Part 12D Independent Consultant should consider the following items as appropriate: • Settlement • Movement—including abutments (cracks or other signs of distress or change) • Erosion • Seepage/Leakage • Cracking • Deterioration • Spillway gate Operation/Standby Power(At a minimum, the Part 12D Independent Consultant needs to review the licensee's annual certificates of spillway gate operation and interview project operating staff to assure that emergency backup systems work and that operating personnel know how to use them. At least one spillway gate shouldbe operated at least one foot during the Part 12D inspection using the standby generator.) • Outlet/Sluice Gate Operation • Water conveyance systems (canals/flumes/penstocks/tunnels/ surge chambers, emergency bypass or closure systems, etc.) • Foundation Drain/Relief Well Operation • Evidence of high artesian or uplift pressures (structures/foundations/abutments) • Observations of sediment transport(piping evidence) • Observations of seeps, wet areas, springs, green grass • Other Pertinent Observations • Reservoir Rim Stability 5.2 Status of Response(s) to Recommendation(s) in Last Part 12D Report. Enclosure 3 Page 8 of 18 5.3 Field Observations with Respect to Potential Failure Modes Document field observations pertinent to each potential failure mode noted in Section 3 5.4 Adequacy/Operation of Public Alert Systems Note: Are upstream spillway warning buoys, and downstream sirens and lights operable? See Appendix E: Inspection Pictures (Optionally, some or all of the pictures may be included in the appropriate sections of the report. If pictures are included within the report, provide in Appendix E a list of the pictures and the corresponding page number) See Appendix F: Inspection Check List(optional) 6.0 Operation and Maintenance Programs Relative to Potential Failure Modes Do not include security issues in the Part 12D inspection report. If observations of significant O&M issues are made, include in report for possible new potential failure mode analysis. 6.1 Summary of PIMA identified O&M issues (from PFMA report) 6.2 Operation and Maintenance Procedures 6.2.1 Communication/Response Address adequacy and reliability of remote monitoring, communication and control systems (Operations/Instrumentation/Telemetry—Do the systems provide adequate reliability and redundancy? Can a specific spillway gate, valve or other project component be operated remotely on demand?) 6.2.2 Electrical/Mechanical Systems • Spillway Gate Motors (line/line voltage, amperage draw, motor name plate rating information) • Standby and Redundant Power Sources • Manual/Remote/Automatic Operation of Gates and Valves • Gate Operation Sequence • Icing protection (heaters/bubblers/reservoir level restriction) 6.2.3 Human Factors • Adequate Staff for Emergency Response (Multiple Sites) • Reliable Access Routes (winter/storm conditions) • Training • Electricians/Mechanics/Laborers • Adequate Time to Respond • Call Out Systems (time for crew to reach site after call out) Enclosure 3 Page 9 of 18 6.3 Assessment of O&M Procedures Relative to Potential Failure Modes See Appendix G: Operation and Maintenance Documentation 7.0 Assessment of Supporting Technical Information Document The purpose of this section of the Part 12D Report is for the Part 12D Independent Consultant (IC) to assess the contents of the"Supporting Technical Information" (STI) document compiled by the licensee and determine both its completeness and appropriateness to the current standard of the practice of dam safety. The STI document should be considered an executive summary that includes general, yet critical summary information needed to fully understand the design, construction, operation, and performance of the project. It should also contain sufficient information to summarize and confirm the underlying assumptions and the conclusions of the analyses of record supporting the assessment of the safety of the Project. For each section of the STI, the Independent Consultant shall make a clear statement regarding their assessment of the completeness and appropriateness of the section of the STI. In sections where appropriate, they must state that they have reviewed the pertinent analyses and evaluations along with the underlying assumptions and that they have concluded that the assumptions and methods of analysis or evaluation were appropriate for the structure, were applied correctly and are appropriate given current guidelines and the state of dam safety practice. The IC must perform sufficient review and/or independent analysis and document their rationale to support their statement. This must include a brief summary of the parameters, methodologies, and results that document their decision. Listed below are items to consider when summarizing each section of the STI. This is not intended to be an all-inclusive listing since each project is unique and requires careful review and consideration when reviewing for dam safety. In addition, this section of the Part 12D report is not intended to repeat the STI verbatim, but to summarize key components used by the IC to make their assessment and conclusions regarding the completeness of the STI. 7.1 Potential Failure Modes Analysis Study Report(Include a statement referring to Section 3 for a detailed discussion of the Potential Failure Modes Analysis) • Adequacy of the summary of current PIMA Report • Changes in PFMA during current review, including any new PFMs • Any changes in category for any PFM 7.2 Description of Project • Summarizes major components of the project, including all those listed in the project Order • Review description for accuracy and completeness (elevations, capacities, etc.) 7.3 Construction History 0 Summarized procedures/methods used for construction Enclosure 3 Page 10 of 18 • Includes construction difficulties that could influence long-term performance of the project. • Summarize any design changes in the project during construction and any modifications since originally constructed • Construction photographs 7.4 Standard Operating Procedures • Summary of key operating procedures for dam safety • Include procedures/sequence for passing flows (gate/powerhouse/flashboard/fuseplug, etc. operation) • Does the SOP include all the necessary requirements to safety operate the project? • Discuss any changes that have been made in the operation of any component of the project that is different than originally designed and if there is any impact resulting from the change. 7.5 Geology and Seismicity • Geology o Adequacy of the summary of regional and local geologic conditions o Geologic conditions that could impact dam safety performance o Any geologic conditions that are important for monitoring the project • Seismicity o Summary of seismic analysis, including key parameters o Date of recent analysis and applicability to current studies o Design PGA and recurrence interval (if available) 7.6 Hydrology and Hydraulics • Hydrology o Summary of IDF/PMF, including key assumptions and rainfall/runoff parameters used. o Applicability of flood to current methods, HMR, etc o Specifically identify the studies of record • Hydraulics o Summary of key issues and assumptions, including review of rating curve for spillway. o Summarize routing of IDF/PMF through spillway(s), peak reservoir elevation, and residual freeboard. 7.7 Surveillance and Monitoring Program This section should have an introductory summary of the analysis of record: the actual analyses should be included or attached as an Appendix. Other prior analyses can be included in the Appendix if they are thought to be of significance. • Status of current DSSMP and DSSMR • Applicability of program to PFMs • Determine if any changes to program are required and recommend those changes. • Discuss the appropriateness of current threshold and action levels Enclosure 3 Page 11 of 18 7.8 Stability and Stress Analyses of Project Structures • Summary of methods,procedures, critical elements, assumptions, input/design parameters, etc... for each structure analyzed • Resulting factors of safety and comparison to FERC guidelines • List of all analysis of records and any supplemental studies currently in process or completed 7.9 Spillway Gates • Category of gates and appropriate requirements • Date and brief conclusion of most recent detailed gate inspection • Date and brief conclusion of most recent test operation. 7.10 Pertinent Correspondence Related to Safety of Project Works • Completeness of documents required to be included in the STI. 7.11 Status of Studies in Process and Outstanding Issues • Summarize any ongoing analyses, studies, etc. 7.12 References • Completeness of the list of references and the attached electronic files, if applicable 7.13 Conclusions • Overall assessment of the condition of the STI General Statements The following example statements are offered as general guidance for use by the IC when making definitive statement regarding each section of the STI, in addition to the discussion indicated above. The Positive statements are examples of when the STI is acceptable. The Negative statements are examples where the STI does not meet minimum requirements and must be improved upon. There are intended only as examples to be used for the section indicated. Copying these examples verbatim into the IC's assessment of each section of the STI may result in the refection of the Part 12 D report; the assessment should be specifically customized for the project under review. 7.1 PFMA Review Positive The PIMA was reviewed for completeness during a PFMA review conducted in conjunction with the Part 12 inspection. I/we reviewed the following items ( itemize here) and as a result, consider the PFMs to be, fully developed and appropriately separated by load case and location, well documented, and complete relative to the project information. Negative Uwe reviewed the following items (itemize here). PFM Number XX was not fully developed and a recommended revision is included in the recommendation section of this report. Enclosure 3 Page 12 of 18 After review and concurrence by FERC, the revised PFM should be adopted. The other PFMs are considered to be well written, well documented, and complete relative to the project information. 7.2 Project Description Positive The description of the project is correct and adequately summarizes the major components of the project and provides a good executive review level discussion about the project. Negative The project description is inadequate. It is recommended that the description of the project included in the STI be enhanced to include a more detailed description of the spillway gate operators, as noted in the recommendation section of this report 7.3 Construction History Positive The construction history is adequately described, including all significant construction issues documented during the construction which include the following key points that could potentially impact the operation and performance of the project features. All available construction photographs are included on the accompanying CD and were reviewed to ensure there are no other previously unidentified defects from the original construction or later modifications. Negative The construction history is generally adequately described. However, the construction history did not include the modifications made to the project in 1999, which included(describe the modifications). A recommended revision is included in the recommendation section of this report. 7.4 Standard Operating Procedures Positive The Standard Operating Procedures are adequately summarized in the STI and include (list here) that are of specific interest regarding the continued safe operation of the project. The SOP includes all the necessary requirements to safety operate the project. Negative The SOP does not account for changes in gate operation to accommodate flow releases required for environmental purposes in 2004. It is recommended that the SOP be rewritten to account for this change. 7.5 Geology and Seismology Positive The geology and seismology of the project are adequately summarized and highlight specific issues that could impact the operation and performance of the project and include (summarize here). Our/my review of the seismicity indicates that site seismicity was developed Enclosure 3 Page 13 of 18 using the most current data and approach available. The assumptions, methods, and use of the data and its application to this project meet the current guidelines and the state of dam safety practice. Negative The Geology section of the STI is adequate with the following exceptions: • The geology does not contain a description of the problematic areas encountered in the foundation during construction. Nor does the geology summarize the actual geology of the site,but only includes a broad regional summary of the area. • The seismology section of the STI is inadequate. The most current seismic hazard evaluation is not adequately summarized and the design Peak Ground Acceleration is not listed. • The Geology and Seismology sections of the STI must be enhanced in accordance with the recommendations contained elsewhere in this report. 7.6 Hydrology and Hydraulics Positive The hydrology of the project is adequately described in the STI. My/our assessment of the hydrology included a review/analysis of(list studies/reports here). The key assumptions and parameters include (summarize here) and are considered appropriate to the current methodologies, data, and state of dam safety practice for evaluating the hydrologic safety of a dam. The PMF inflow of xxxx cfs is appropriate for this project. The hydraulics of the project are adequately described in the STI. The spillway and tailwater rating curve(s) are correct and adequately represents the current spillway hydraulics. The project spillway(s)/outlets can pass the PMF/IDF with xx feet of freeboard on the dam. This freeboard is adequate for predicted wind and wave run-up at the dam. Negative_ Uwe do not concur with the PMF analysis of record for this project. The PMF was based on PMP developed using FIMR43, which was superseded by ENM57 in 1994. It is recommended that the PMF analysis be updated using the updated PMP values from HMR57. The hydraulics of the project are not properly described in the STI. The rating curve used for the spillway is incorrect and needs to be recalculated. 7.7 Surveillance and Monitoring Program Positive The Surveillance and Monitoring Program is adequately described in the STI. My/our review of the DSSMP indicate the most critical elements of the monitoring include (summarize here) and contain appropriate threshold and action levels for each instrument. During the PFMA review, the need for additional surveillance for the project with respect to both identified PFMs Enclosure 3 Page 14 of 18 and general health was discussed. It is my opinion that existing monitoring program is adequate and no changes are recommended at this time. Negative__ My/our review indicated that several key elements of the project instrumentation are missing (list here). Thus the SMP is inadequate and needs to be revised. 7.8 The Stability and Stress Analyses of Project Structures Positive I have reviewed the pertinent analyses and evaluations along with the underlying assumptions and that have concluded that the assumptions and methods of analysis or evaluation were appropriate for the structure, were applied correctly and are appropriate given current guidelines and the state of dam safety practice. I also performed an independent check of the stability calculations and my results agree with the analysis of record. The following project structures are thus found to be safe for continued operation: • Main embankment • West diversion dam • Integral power house • (List all) Ne ag tive The STI is inadequate with regards to a summary of the stability and stress analyses for the project structures. The design assumptions are missing for the (xxxx) structural analysis. In addition, the resulting factors of safety on the recently submitted stability analysis do not meet the FERC minimum guidelines and must be reviewed with regards to dam safety concerns. 7.9 The Spillway Gates Positive I have reviewed the pertinent inspection reports and stability and stress analyses (if applicable) and have determined that the spillway gates are safe for continued operation. Neizative I have reviewed the pertinent inspection reports and stability and stress analysis for the spillway gates. The analyses do not properly account for the bent strut on Gate No. 1 that I observed during my field inspection. Thus,before I can determine if the spillway gates are safe for continued operation, the stress analyses need to be redone to account for this issue with Gate No. 1. 7.10 The Pertinent Correspondence Related to Safety of Project Works Positive The Pertinent Correspondence Related to Safety of Project Works is complete and adequate in accordance with the requirements of the FERC. This correspondence includes the following items of specific note that are most important regarding the continued safety of the project: . Enclosure 3 Page 15 of 18 1. 2. Negative The Pertinent Correspondence Related to Safety of Project Works is incomplete with regards to the requirements of the FERC. The following documents are missing and my/our recommendation is included to obtain and include the following documents in the STID: • Past three years of the FERC Annual Dam Safety Inspection Reports • Etc... (detail all accordingly) 7.11 Status of Studies in Process and Outstanding Issues The Status of Studies in Process and Outstanding Issues include the following: ■ List specifics and summarize the issue OR There are no outstanding studies in process or outstanding issues with the project that are in process or need to be initiated resulting from my/our conclusions of this Part 12D review and inspection. 7.12 References Postive: The References included in the STI and associated electronic files enclosed with the STI are complete and accurate and are formatted for easy reference. Negative: tive: The references in the STI are incomplete and inadequately contain all the information contained in the STI. It is recommended that all studies and reports listed below be transferred to a disk and included in the end of the STI. 7.13 The Conclusions Positive The overall STI document is complete,well organized, and adequately addresses all of the requirements of the FERC but more importantly provides a complete executive summary document that is useful to all those associated with this project. Ne ag tive The STI document is inadequate. Rather than summaries of the necessary information,the document contains random copies of studies,project information, and incomplete information that does not allow the user to obtain a general overview of the entire project. Specifically, Sections (list sections) are particularly poor in content and must be completed in accordance with our recommendations. Enclosure 3 Page 16 of 18 APPENDICES List of Tables (with location) List of Figures (with location) List of References A. FERC Letter Requiring Part 12D Inspection Note: May include specific FERC concerns to be addressed by Part 12D Independent Consultant. B. FERC Letter Approving Consultant Note: Include date of report outline provided by FERC. C. Project Figures This Appendix should include the following figures as appropriate. All Figures should be consecutively numbered. Figures should be general without excessive detail so as to be clearly legible. Figures should include documentation of significant changes since last Part 12D report. If STI document to be directly bound in this report, do not duplicate the figures. FERC Exhibit and relicensing drawings can be used. • Location map with project facilities located including conveyance systems and access routes from main roads and nearest town • Plans of project facilities • Typical sections and profiles of key project features (dams, spillways,powerhouses, intakes, emergency/fuse plug spillways, chute profiles, etc.) • Profiles and typical sections of water conveyance systems (canals, tunnels, penstocks, flumes, surge chambers, etc) • Satellite or aerial picture of project and downstream area • Spillway and tailwater rating curves D. Instrumentation Monitoring Data Plots Note: Plans and cross-sections with locations of each instrument, including design phreatic surface or uplift pressure profile, and tabulated data for each instrument are included in the "Supporting Technical Information" document only. See Chapter IX, Instrumentation and Monitoring, of the FERC Engineering Guidelines for the Evaluation of Hydropower Projects for additional information. Only time versus reading graphs are included here as NEW information. Tables of data should be provided on a CD bound into the Part 12D report If data plots are included in Section 4 of the Part 12D report, a statement should be provided here directing the reader to Section 4 for the information. • Time versus Reading data plots Enclosure 3 Page 17 of 18 • Plot all data to date, not just last five years (alternative is to plot last 15 years and note historic range for each unit) • Do not put too many instruments on one plot • Try to put all instruments from one section or profile on the same plot • Mark tip elevation,unscreened length, ground elevation and top of piezometer elevation for each piezometer on the data plot. This information can be provided in a Table to enhance legibility of the graph. • Use symbols and/or different line types for each unit, not just colors (colors do not reproduce in black and white and some people are color blind-Note that yellow and blue do not reproduce on certain copiers) • Include headwater and tailwater levels on each plot • Force all time scales to show full year cycles from January through December • For multiple plots for the same project, force vertical and horizontal scales on all plots of the same type to have the same scale or total range so plots can be directly overlaid • Mark threshold values • Show monthly precipitation on one sheet • Mark action levels requiring emergency response E. Inspection Pictures F. Inspection Checklist (optional) G. Operation and Maintenance Documentation (if required) Enclosure 3 Page 18 of 18 THIS PAGE INTENTIONALLY LEFT BLANK Enclosure 4 90 Day Pre-meeting Agenda Conference Call 1. Purpose of call. a. To discuss what is expected from the Owner. b. To discuss what is expected from the P-12 Consultant. c. To discuss what is expected during the PFMA review. d. To discuss outstanding studies and items of special interest. 2. Owner a. The Owner should provide a copy of the STI, 3 past Part 12D Reports and any items of special interest to the IC well in advance of the inspection. b. All portions of the site must be readily assessable and cleared of excessive vegetation. If a complete visual inspection cannot be completed the IC will need to re-inspect before the Part 12D Report is submitted. 3. P-12 Consultant a. Must review the STI including the PFMA report and the past Part 12D Inspection Reports prior to the inspection. 4. Discussion of the PFMA Report. a. FERC to review and provide clarification as to the PFM categories. b. Discuss current PFMs and the level of effort that may be expected to review. This may range from a review of the PFMA report to a complete revision of the PFMA process including a facilitator and full document review. 5. Items of special interest. a. Outstanding studies. b. Past Part 12D recommendations that have not been fulfilled. c. Schedule for inspection. d. Any other items of interest. Enclosure 4 THIS PAGE INTENTIONALLY LEFT BLANK Enclosure 5 § 12.35 Specific inspection requirements. (a) Scope of inspection. The inspection by the independent consultant shall include: (1) Due consideration of all relevant reports on the safety of the development made by or written under the direction of Federal or state agencies, submitted under Commission regulations, or made by other consultants; (2) Physical field inspection of the project works and review and assessment of all relevant data concerning: (i) Settlement; (ii) Movement; (iii) Erosion; (iv) Seepage; (v) Leakage; (vi) Cracking; (vii) Deterioration; (viii) Seismicity; (ix) Internal stress and hydrostatic pressures in project structures or their foundations or abutments; (x) The functioning of foundation drains and relief wells; (xi) The stability of critical slopes adjacent to a reservoir or project works; and (xii) Regional and site geological conditions; and (3) Specific evaluation of- (i) The adequacy of spillways; (ii) The effects of overtopping of non-overflow structures; (iii) The structural adequacy and stability of structures under all credible loading conditions; (iv) The relevant hydrological data accumulated since the project was constructed or last inspected under this subpart; (v) The history of the performance of the project works through analysis of data from monitoring instruments; and (vi) The quality and adequacy of maintenance, surveillance, and methods of project operations for the protection of public safety. (b)Evaluation of spillway adequacy. The adequacy of any spillway must be evaluated by considering hazard potential which would result from failure of the project works during flood flows. (1) If structural failure would present a hazard to human life or cause significant property damage, the independent consultant must evaluate the ability of project works to withstand the loading or overtopping which may occur from a flood up to the probable maximum flood or the capacity of spillways to prevent the reservoir from rising to an elevation that would endanger the project works. (2) If structural failure would not present a hazard to human life or cause significant property damage, spillway adequacy may be evaluated by means of a design flood of lesser magnitude than the probable maximum flood, if the report of the independent consultant pursuant to Sec. 12.37 provides a detailed explanation of the basis for the fording that structural failure would not present a hazard to human life or cause significant property damage. § 12.37 Report of the independent consultant. (a) General requirement. Following inspection of a project development as required under this Enclosure 5 Page 2 of 3 subpart, the independent consultant must prepare a report and the licensee must file three copies of that report with the Regional Engineer. The report must conform to the provisions of this section and be satisfactory to the authorized Commission representative. (b) General information in the initial report. (1) The initial report filed under this subpart for any project development must contain: (i) A description of the project development; (ii)A map of the region indicating the location of the project development; (iii)Plans, elevations, and sections of the principal project works; (iv) A summary of the design assumptions, design analyses, spillway design flood, and the factors of safety used to evaluate the structural adequacy and stability of the project works; and (v) A summary of the geological conditions that may affect the safety of the project works. (2) To the extent that the information and analyses required in paragraph(b)(1) of this section, are contained in a report of an independent consultant prepared and filed in compliance with Commission regulations in effect before March 1, 1981, the information and analyses may be incorporated by specific reference into the first report prepared and filed under this subpart. (c)Information required for all reports. Any report of an independent consultant filed under this subpart must contain the information specified in this paragraph. (1)Monitoring information. The report must contain monitoring information that includes time-versus-reading graphs depicting data compiled from any existing critical or representative monitoring instruments that measure the behavior, movement, deflection, or loading of project works or from which the stability, performance, or functioning of the structures may be determined. (i)Any monitoring data plotted on graphs must be presented in a manner that will facilitate identification and analysis of trends. The data may be summarized to facilitate graphical representation. (ii)Plan and sectional drawings of project structures sufficient to show the location of all critical or representative existing monitoring instruments must be included. If these drawings have been included in a previous report prepared and filed by an independent consultant, they may be incorporated by specific reference to that earlier report. (2)Analyses. The report must: (i) Analyze the safety of the project works and the maintenance and methods of operation of the development fully in light of the independent consultant's reviews, field inspections, assessments, and evaluations described in Sec. 12.35; (ii) Identify any changes in the information and analyses required by paragraph(b) of this section that have occurred since the last report by an independent consultant under this subpart and analyze the implications of those changes; and (iii) Analyze the adequacy of existing monitoring instruments,periodic observation programs, and other methods of monitoring project works and conditions affecting the safety of the project or project works with respect to the development. (3)Incorporation by reference. To the extent that conditions, assumptions, and available information have not changed since the last previous report by an independent consultant under this subpart,the analyses required under paragraphs (c)(2)(i) and(ii) of this section may be incorporated by specific reference to the last previous report. Enclosure 5 Page 3 of 3 (4)Recommendations. Based on the independent consultant's field observations and evaluations of the project works and the maintenance, surveillance, and methods of operation of the development,the report must contain the independent consultant's recommendations on: (i)Any corrective measures necessary for the structures or for the maintenance or surveillance procedures or methods of operation of the project works; (ii)A reasonable time to carry out each corrective measure; and (iii)Any new or additional monitoring instruments, periodic observations, or other methods of monitoring project works or conditions that may be required. (5)Dissenting views. If the inspection and report were conducted and prepared by more than one independent consultant, the report must clearly indicate any dissenting views concerning the analyses or recommendations of the report that might be held by any individual consultant. (6)List of participants. The report must identify all professional personnel who have participated in the inspection of the project or in preparation of the report and the independent consultant who directed those activities. (7) Statement of independence. The independent consultant must declare that all conclusions and recommendations in the report are made independently of the licensee, its employees, and its representatives. (8) Signature. The report must be signed by each independent consultant responsible for the report BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of January 4,2021 Monday,January 4,2021 9:00 A.M. Superior Court—Judge Goodell Commissioners Trask, Shutty,and Neatherlin were in attendance via Zoom. • 2021 Court Commissioner professional services agreement was approved to move to the January 19 agenda. The salary is 85%of a Superior court Judge's salary. 9:10 A.M. Support Services—Frank Pinter Commissioners Trask,Shutty,and Neatherlin were in attendance via Zoom. • 2021 Committee Assignments for Commissioners will remain the same as 2020. • Schedule Bid4Assets on-line auction for Tax Title parcels. A list of tax title parcels was presented with the amount of taxes and fees due. The Commissioners agreed to place the order for these parcels on the January 19 agenda. The order will then go to the Treasurer's Office to get the auction scheduled. • MTA appointment of elected official position. One application was received from Cynthia Brehmeyer and the appointment was approved to place on the January 19 agenda. • The Board concurred with Grays Harbor County appointment to Timberland Regional Library and this item is on the January 5 agenda. • Dawn presented updates to the Drug&Alcohol Policy and Procedures and the Board agreed to place the updated policy on the January 19 agenda. • COVID paid leave has not been extended by the federal government beyond December 31, 2020. Dawn will bring additional data at next week's briefing so the Board can decide if the County wants to extend this type of leave. • Jenn presented the resolution to delete Fund 116 Historical Preservation and it was approved to place on the January 19 agenda. This fund will now be part of the General Fund. • Contract with North Mason Resources for the poor&infirmed/veteran services. The Board agreed to issue a Request for Proposals(RFP)to provide the services. • COVID temporary prisoner DOC housing agreement with Mason County Jail.Request to place on January 5 agenda. The Commissioners had concerns with the health and safety of jail staff and taking up jail space that could be used for Mason County inmates. Chief Kevin Hanson joined the briefing and explained DOC is not accepting newly sentenced felons and these are felons sentenced in the County's court and DOC will pay the County for the time the felon is in the County Jail until they can be transferred to a DOC facility. The agreement will be placed on the January 5 agenda. • Frank presented a request to sign easement modification agreement,parcel 42012 56 00007& 42012 56 00012(tax title parcel). In order to place a value on the easement,we would need a yellow book appraisal of our parcel. Cmmr.Neatherlin stated the Commissioners need to consider the impact the easement has on the value of the parcel and the County should not pay for the yellow book appraisal. The tax title parcel is on the list that will be going to Bid4Assets for the on-line auction. It was agreed to have our realtor recommend a minimum bid. Lisa Frazier stated the appraisal cost can be included in the minimum bid.Frank will contact our realtor to establish a minimum bid. • Disbursement of proceeds for sale of two parcels on Lake Boulevard. Lisa Frazier pointed out that one of the parcels is tax title;the other parcel was deeded to Mason County and not necessarily to Public Works. Lisa recommended the proceeds be split between Road Fund and Current Expense Frank will request documentation from Public Works. Loretta stated the deed shows Mason County Public Works owned one parcel and will continue researching documentation. • Public Defenders Collective Bargaining Agreement will be placed on the agenda. • Timberland Regional Library—Cmmr. Shutty reported he has reached out to the other member Counties regarding Brenda Hirshi's resignation and allegations. It was agreed that Board of Mason County Commissioners'Briefing Meeting Minutes January 4,2021 Cmmr. Shutty will meet with Cheryl Heywood and then schedule a public briefing so the issues are addressed on the public record. 9:45 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask, Shutty, and Neatherlin were in attendance via Zoom. • Request to purchase 45 grinder pumps for North Bay and Belfair sewer systems was approved. • Staff provided an update on road closures due to the weather. The discussion included status of roads in Skokomish Valley; Green Diamond has gated the 800 Road. 10:00 A.M. Community Services—Dave Windom Commissioners Trask, Shutty,and Neatherlin were in attendance via Zoom. • Approval to place the Eviction Rent Assistance Program(ERAP)grant amendment and extension of the contract with Community Lifeline on the agenda for approval. • Public hearing is scheduled tomorrow,January 5,to adopt amendments to Title 14 and adoption of the 2018 State Building Code. Cmmr. Shutty suggested to also adopt Appendix D regarding the Fire Code.This includes specifications for access roads because our Code is silent on this issue and this will add clarity. The Commissioners will consider continuing tomorrow's hearing to allow time to review this information. Adoption must happen before February 1,2021. Josh will send a link to Appendix D. Cmmr. Shutty wants clarity in the Code for access roads and asked staff how that could be done without adopting Appendix D. Josh believes there is guidance in the current Code although it can be a bit vague and he will bring forward information. Kell asked the Board to consider the adoption of 2018 State Building Code tomorrow and this issue can be considered later. Cmmr. Shutty supports continuing the hearing to January 19 for a final adoption. • Planned Action EIS for Belfair Subarea Plan. Kell will bring forward a contract amendment for the Cultural Resources section of the EIS. • Kell reported that the permitting process has been slowed down due to staff turnover and COVID. Staff has been hired and the processes are improving but there is still some lag time. 10:15 A.M. Coroner—Wes Stockwell Commissioners Trask, Shutty,and Neatherlin were in attendance via Zoom. • Interlocal agreement with Kitsap County for pathology services at a price of$82,500 per year and the Board agreed to place on the agenda. The meeting adjourned at 10:30 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Sharon Trask Kevin Shutty Chair Commissioner Commissioner Board of Mason County Commissioners Proceedings R Commission Chambers 411 N 5a' St, Shelton, WA 98584 January 5, 2021 1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance—Cmmr. Shutty led the flag salute. 3. Roll Call— Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3—Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Marijuana License for Cooperative44 will be discontinued, Marijuana and Liquor Licenses due to expire, Liquor License for The Ridge Motorsports Park, a Change of Limited Liability Members for Juicer Extractions, and Approval of Liquor License for the Belfair Market. 4.1.2 Ken VanBuskirk sent in a letter regarding the briefing on Romance Hill. 4.1.3 Economic Development Council of Mason County sent in the 2020 4th quarter report. 4.1.4 Timberland Regional Library sent in a letter regarding appointing Jasmine Dickhoff to the Timberland Library Board of Trustees. 4.1.5 Federal Energy Regulatory Commission sent in a letter regarding the 2020 Dam Safety Surveillance and Monitoring Report, Cushman Project. 4.1.6 KP Cleaners sent in a letter of appreciation. 4.1.7 Christy Rowe at the WSU Extension Office sent in a letter regarding the Mason County Master Gardeners Catalyst Park. 4.1.8 Mark Fischer sent in a letter regarding access to internet. 4.2 Cmmr. Neatherlin was selected as Chair and Cmmr. Shutty was selected as Vice Chair. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Shutty/Trask moved and seconded to adopt the agenda as published. Motion . carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes Cmmr.Trask/Shutty moved and seconded to adopt the December 15, 2020 minutes as presented. Motion carried unanimously. N-aye; S-aye;T-aye. 8. Approval of Action Agenda 8.1 Approval to concur with Grays Harbor County's appointment of Jasmine Dickhoff to the Timberland Library Board of Trustees to fill the term that runs from January 1, 2021 to December 31, 2027. 8.2 Approval of Warrants&Treasure Electronic Remittances Claims Clearing Fund Warrant# 8076291-8076781 $ 2,814,026.42 Direct Deposit Fund Warrant# 73876-74260 $ 800,785.33 Salary Clearing Fund Warrant# 7005629-7005656 $ 540,776.15 Treasure Electronic Remittances $ 8.3 Approval of the 2021 Court Commissioner Professional Services Agreement with Robert Sauerlender. 8.4 Approval to sign Amendment 7 with Community Lifeline extending the end date of the grant to March 31, 2021 to maintain isolation and quarantine housing for 24/7 emergency shelter operations. 8.5 Approval to sign Amendment A with the Department of Commerce grant# 21-4614C-117 extending the Eviction Rent Assistance Program Grant(ERAP) end date to June 30, 2021. 8.6 Approval of the January 2021 — December 2023 Collective Bargaining Agreement(CBA) for Woodworkers Local Lodge W38 IAM representing Mason County Office of Public Defense staff. 8.7 Approval of the amendment to extend the Interlocal Agreement for Pathology Services between Kitsap County and Mason County for 3 years. 8.8 Approval of the COVID Temporary Prisoner Department of Corrections Housing Agreement for service fees related to newly sentenced felons not transferred from County Jail to State Prison from December 17, 2020 to January 7, 2021. Cmmr.Shutty/Trask moved and seconded to approve action items 8.1 through 8.8. Motion carried unanimously. N-aye; S-aye;T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVYD-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to approve the franchise agreement between Mason County and Sunrise Beach Water System to construct, operate, and maintain their water system along North Shore Road. Staff: Loretta Swanson Loretta Swanson shared this hearing is to consider the renewal of an existing franchise agreement. Sunrise Beach Water System owns and operates the water system with about 600 lineal feet of waterlines along North Shore Road. Staff recommends approval. Cmmr. Shutty/Trask moved and seconded to approve the franchise agreement between Mason County and Sunrise Beach Water System to construct, operate, and maintain their water system along North Shore Road. Motion carried unanimously. N-aye; S-aye;T-aye. 10.2 Public Hearing to approve the adoption of the 2018 building codes as directed by the Washington State Building Code Council and by RCW 19.27. Staff: Kell Rowen &Josh Luck Kell Rowen shared this adoption is mandated by the State and would be effective February 1, 2021. New building permit submissions on or after February 1 will be required to meet the new codes. The majority of changes are with the energy code. Josh Luck shared the energy credits will be higher. For example, a standard 1,500 square foot home currently requires 3.5 energy credits, with the change 6 credits will be required. There are more options to help achieve that new requirement. Cmmr. Shutty feels there is more discussion to be had and recommends to continue the hearing to further discuss the Fire Code and Appendix D at the Monday, January 11, 2021 Briefing. Cmmr. Shutty/Trask moved and seconded to continue the hearing for the adoption of the 2018 building codes to Tuesday,January 19, 2021 at 9:15 a.m. Cmmr. Shutty commented he represents Western Washington Counties on the State Building Code Council bringing together elected officials, regulators, and builders. Initially these codes were to take effect July 1, 2020 however, given the COVID-19 pandemic Governor Inslee delayed the implementation to November 1, 2020. The State Building Code Council further extended this to February 1, 2021. 10.3 Public Hearing to approve the rezone of a 0.57-acre parcel on Golden Pheasant Road from Rural Commercial (RC3) to Rural Residential 2.5 (RR2.5) within the Rural Activity Center of Taylor Towne. Staff: Kell Rowen (Exhibit A) Kell Rowen shared this proposal was brought forward by landowner and is the former location of the Golden Pheasant Tavern. It appears to be residential structure and fits in with neighborhood and characteristics. Landowner is proposing to remodel the structure as a permanent residence. Both staff and planning commission recommend approval. Cmmr.Trask/Shutty moved and seconded to approve the rezone of a 0.57-acre parcel on Golden Pheasant Road from Rural Commercial (RC3) to Rural Residential 2.5 (RR2.5) within the Rural Activity Center of Taylor Towne. Motion carried unanimously. N-aye; S-aye;T-aye. 11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:33 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair Kevin Shutty, Commissioner Sharon Trask, Commissioner 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: January 19, 2021 Agenda Item # 8, Commissioner staff to complete) BRIEFING DATE: January 4, 2021 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to appoint Cynthia Brehmeyer to the Mason Transit Authority Board to complete a vacated elected official term that ends December 2023. Background• The Mason County Public Transportation Benefit Area (Mason Transit Authority) Board composition is as follows: Three (3) Mason County Commissioners; One (1) City of Shelton Council member; Five (5) members who shall be elected officials selected by the Mason County Commissioners with the goal of seeking equal voting representation among the County commission districts. This appointment will fill a vacated elected official position. Budget Impacts: None to Mason County. RECOMMENDED ACTION: Approval to appoint Cynthia Brehmeyer to the Mason Transit Authority Board to complete a vacated elected official term that ends December 2021. ............. ................ Boa MASON COUNTY COMMISS.101VERS' 411 NORTH FHTH STREET SHELTON*WA 98584 Fax 360-427-8437,,Voice.360-4279670, Ext.4 f9;275-4467 or 482-5269 I AM SEEKING APPOINTMENT TO Mason transit authority N6ME-. Cynthia Brehmeyer ADDRESS: PHONE. CITYrZIP: VOTINO PRECINCT: WbRk'PHONE: Oil AREA IN THE COUNTY YOU UVE) .&MAIL A ---------- ------------ COMMUNITY SERVICE EMPLOYMENT: (IF.RETIRED, PREVIOUS EXPERIENCE). (ACT(VITIES ORMEMBERSHOPS) COMPANY.. Mason county jail 27 years Matlock Grange yRS #375 Mary M Knight school Board 5 years POSITION: coreections officer nave 3 to go. COMPANY: M. aqsn county school districts YRS Washington Statd jail assuciation 8 yedis Fire fighter EMT for 13 years. POSITION: bus driver and teachers aid 8 years ----------------------------------- In your Words,what do you perceive is the role orpurpose of the Board, Committee or Council for Which you are applying, Have Board experience from School board and Jail association. Can understand policies and proceedures and the job of the boarcTI 1[ii—nK IFFaThaving people on the board from all parts of the county is a great policy . I do now a lot o voters my school district which distdct 9 now being represented by Kevin Sh,itty What:interests,skills do you.wish to;offer the Board,,Committee,:or Council.?. I have always been interested in the running of the counties boards and making the county a better place to live. Would like to know more about our bus routes and services offered. Have been a bus driver. Drove vans for years with priseneFSin them.T-FaIRed dFiveFS. Had a disabled husband se i aFR InterestediReur availability to ADA peFsORS—. Please list any financial, professional, or voluntary affiliations which may influence or affect your pogition on this Board:, (i.e.create-a potential conflict of interest) Your participation is dependent upon attending certain trafning.s made available by the County during regular business.hours, (such.as Open Public Meetings Act.and Public Records).The trainings:would be at no-cost to you.Would you be able to attend such trainings? Yes 10 hours rrts Realistically,how much time can you give to this position? Quarterly Mqrdhiy Weekly Daly "d N zl&u 4 Cynrhia Brehmeyer 12/12/20 uw' 'A Signature DTerm Expire ale, ram Date ma_ 2 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: January 19, 2021 Agenda Item # 8.2 Commissioner staff to complete) BRIEFING DATE: January 4, 2021 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Resolution Amending Resolution No. 27-07, Deletion of Budgetary Accounting Fund 116-000000-000-000, Historical Preservation Fund EXECUTIVE SUMMARY: The County has adopted a Financial Policy which states"'only the minimum number of funds consistent with legal and operating requirements should be established, because unnecessary funds result in inflexibility, undue complexity, and inefficient financial administration". Fund 116, Historical Preservation, was created by Resolution No. 27-07, as authorized under RCW 36.22.170 for a surcharge on each document recorded by the county auditor to be used by the county commissioners to promote historical preservation or historical programs including the preservation of historical documents. The surcharge will still be collected by the County but will be receipted into the General Fund. BUDGET IMPACTS: None—the fund revenues and expenditures are being recorded within the General Fund, 001, Department No. 126, Historical Preservation, beginning with the 2021 budget. RECOMMENDED ACTION: Motion for the Board of Mason County Commissioners to approve and sign the Resolution Amending Resolution No. 27-07, Deletion of Budgetary Accounting Fund 116-000000-000-000, Historical Preservation Fund J:\Budget Office\Briefing,Agenda, &Public Hearing Items\202BAction Agenda 1.19.21-Res to delete Fund 116.doc RESOLUTION NO. AMENDING RESOLUTION NO.27-07 DELETION OF BUDGETARY ACCOUNTING FUND 116-000000-000-000, HISTORICAL PRESERVATION FUND WHEREAS,RCW 36.32.120, states"..the board of county commissioners...havethe care of the county property and the management of the county funds and business.." WHEREAS,the Board of Mason County Commissioners recognizes that beginning in 2021,Historical Preservation revenues and expenditures are recorded within Current Expense Department No. 126,Historical Preservation,thereby making fund 116-000000-000-000 obsolete. WHEREAS,the Board of Mason County Commissioners authorizes the transfer of any remaining fund balance in Fund 116-000000-000-000,Historical Preservation, into Department 126,Historical Preservation,within the General Fund, during the year 2021. NOW THEREFORE,the Mason County Board of County Commissioners does hereby resolve to delete the following county fund: 116-000000-000-000 HISTORICAL PRESERVATION APPROVED this day of ,2021. BOARD OF COUNTY COMMISSIONERS Randy Neatherlin, Chair Kevin Shutty, Commissioner Sharon Trask, Commissioner ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whit C: Accounting,Treasurer,Public Works,Budget&Finance 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: 01/19/2021 Agenda Item# � (Commissioner staff to complete) BRIEFING DATE:01/04/2021 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to place on the January 19,2021 Action Agenda,amendment of Resolution 01- 96 to reflect updated policy and procedures based on the Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation (DOT)to ensure all Mason County drivers operate commercial vehicles drug and alcohol free. BUDGET IMPACTS: NA BACKGROUND:The Mason County Drug and Alcohol Testing Policy and Procedures has not been updated to reflect any of the current laws as outlined in the FMCSA and DOT rules and regulations for motor vehicle operators since January 1996.This policy will bring Mason County current in policies and procedures for all employees who operate commercial vehicles. RECOMMENDED OR REQUESTED ACTION:Approval to place on the January 19,2021 Action Agenda, amendment of Resolution 01-96 to reflect updated policy and procedures based on the Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation (DOT)to ensure all Mason County drivers operate commercial vehicles drug and alcohol free. ATTACHMENTS: Resolution and Mason County DOT Drug and Alcohol Policy and Procedure on file with Clerk of the Board. coal MASON COUNTY Drug and Alcohol Policy for Commercial Drivers License (CDL) - Department of Transportation regulated employees •. Issa =r Resolution Federal regulations require that Mason County conducts alcohol and controlled substances testing of drivers who operate commercial motor vehicles. For the purpose of this policy, the employee will be referred to as "driver". This policy provides guidelines for circumstances under which the Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation (DOT) mandated testing must be conducted. Of course, all the details of every possible situation cannot be anticipated, so Mason County reserves the right to determine the appropriate application of this policy and general employment policies to any particular case. Employees covered by this policy have been provided a copy of these FMCSA/DOT provisions and by signature verify that they have read and understand the policy. Drivers should note that in addition to the required DOT regulations, they are also subject to Mason County's Drug and Alcohol Policy and Procedure. Throughout this policy, any provisions that are based on Mason County's sole authority (vs. mandated by federal regulations) will be underlined. Mason,County expects all drivers to work drug and alcohol free at all times. If you have any questions about this policy the following individuals are available to contact: Mason County Human Resburces Manager 360-427-9670 Ext. 422 The following conditions and activities are expressly prohibited: The manufacture, sale, use or possession of alcohol, any controlled or illegal substance (except strictly in accordance with medical authorization) or any other substances which impair job performance or pose a hazard, when use or possession occurs on Mason County premises or property, or during work time, or while representing Mason County in any work-related fashion. Reporting for work having consumed alcohol or used illegal drugs or controlled substances at a time, or in such quantities, or in a manner that may impair work performance. For purposes of this policy, having any detectable level of an illegal or controlled drug, or alcohol with an alcohol concentration of.02 or greater, in one's system while covered by this policy will be considered to be a violation. Alcohol and Drug Problems In some cases alcohol and drug abuse can be a result of chemical dependency that can be successfully treated with professional help. Drivers who are having problems with alcohol or drug use are encouraged to seek voluntary counseling and treatment. It is the driver's responsibility to seek help when needed, and to.do so before substance abuse causes problems on the job, results in a positive drug or alcohol test or results in disciplinary action. Drivers who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation, and treatment requirements of 49 CFR Part 382 and 40, provided that: 1. The driver does not self-identify in order to avoid testing; 2. The driver makes the admission of alcohol misuse or controlled substances use before performing a safety-sensitive function; 1 of 11 3. The driver does not perform a safety-sensitive function until Mason County is satisfied that the driver has successfully completed education or treatment requirements in accordance with the drug and alcohol policy guidelines. Mason County will: 1. Not take adverse action against a driver making a voluntary admission of alcohol misuse or controlled substances use provided that the admission occurs before the employee has been subject to disciplinary action or the use/misuse has affected job performance; 2. Allow the driver sufficient opportunity to seek an evaluation, education or treatment to establish control over the employee's drug or alcohol problem; 3. Permit the employee to return to safety sensitive duties only upon successful completion of an educational or treatment program, as determined by a substance abuse professional. The following EAP can provide help and referrals for approved Substance Abuse Professionals: First Choice Health 1-800-777-4114 https://www.fchn.com/Members/EAP' Information on Effects and Signs of Alcohol and Controlled Substance Use (provided) Definitions "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight. alcohols including methyl and isopropyf alcohol. "Alcohol concentration (or content), BAC" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under 49 CFR Part 382. "Alcohol use" means the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. "Commercial motor-vehicle" (or"CMV") means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: • Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or • Has a gross vehicle weight rating of 26,001 or more pounds; or • Is designed to transport 16 or more passengers, including the driver; or • Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, subpart'F). "Controlled substances" mean those substances identified in 49 CFR Part 40.85, as amended: marijuana, cocaine, opioids, amphetamines, and phencyclidine. "DOT Agency" means an agency (or"operating administration") of the United States Department of -Transportation administering regulations requiring alcohol and/or drug testing (14 CFR parts 61, 63, 65, 121, and 135; 49 CFR parts 199, 219, 382, and 655), in accordance with 49 CFR Part 40. "Driver" means any person who operates a commercial motor vehicle. This includes, but is not limited to: full- time, regularly-employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors who are either directly employed by or,under lease to Mason County or who operate a commercial motor vehicle at the direction of or with the consent of Mason County. 2of11 "Drug" has the meaning of any controlled substances, prescription, or over-the-counter medication. "EBT (or evidential breath testing device)" means an EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL), and identified on the CPL as conforming with the model specifications available from the National Highway Traffic Safety Administration, Office of Alcohol and State Programs. "Employer" means an entity employing one or more employees (including an individual who is self-employed) that is subject to DOT agency regulations requiring compliance with 49 CFR Part 382. The term refers to the entity responsible for overall implementation of DOT drug and alcohol program requirements, as well as those individuals employed by the entity who take personnel actions resulting from violations of 49 CFR Part 382 and any applicable DOT agency regulations. Service agents are not employers. "Licensed medical practitioner" means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and other drugs. "Medical Review Officer (MRO)" means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by Mason County's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. "Performing (a safety-sensitive function)" means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. "Refuse to submit (to an alcohol or controlled substances test)" means that a covered employee: • Fails to show up for any test (except a pre-employment test) within a reasonable time after being directed to do so by Mason County. This includes the failure of an employee to,appear for a test when called by a Consortium/Third Party Administrator); • Fails to remain at the testing site until the testing process is complete; provided, that an applicant who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused a test. The testing process commences once the applicant has been provided the specimen collection cup; • Fails to provide a urine specimen for any drug test OR a breath or saliva sample for an alcohol test required by 49 CFR Part 382, if the employee leaves after the testing process has commenced; • In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the provision of a specimen; • Fails to provide a sufficient amount of urine, breath or saliva when directed, unless it has been determined, through a required medical evaluation, that there was an adequate medical explanation for the failure to provide; • Fails or declines to take a second test either Mason County or collector has directed following a negative dilute result as required by 40.197(b); • Fails to undergo an additional medical examination, as directed by the MRO as part of the verification process, or as directed by the Designated Employer Representative (DER) concerning the evaluation as part of the "shy bladder" procedures in 49 CFR Part 40, subpart I; or fails to undergo a medical examination or evaluation as directed by Mason County as part of the insufficient breath procedures outlined in 40.265(c); 3of11 • Fails to cooperate (e.g. refuses to empty pockets when directed by the collector, behaves in a confrontational way that disrupts the collection process, fails to wash hands after being directed to do so by the collector) or otherwise interferes with any part of the testing process; • Fails to sign the certification at Step 2 of the alcohol testing form (ATF); • Is reported by the MRO as having a verified adulterated or substituted test result; • For an observed collection, fails to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if there is any type of prosthetic or other device that could be used to interfere with the collection process; • Possesses or wears a prosthetic or other device that could be used to interfere with the collection process; • Admits to the collector or MRO to having adulterated or substituted the specimen. "Safety-sensitive function" means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety- sensitive functions shall include: 1. All time at an Mason County or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by Mason County; 2. All time inspecting equipment as required by FMCSA regulations or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; 3. All time spent at the driving controls of a commercial motor vehicle in operation; 4. All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of 49 CFR 393.76); 5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and 6. All time spent repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. Prohibited Conduct The following is considered prohibited conduct under this policy: 1. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. 2. No driver shall use alcohol while performing safety-sensitive functions. 3. No driver shall perform safety-sensitive functions within four hours after using alcohol. 4. No driver required to take a post-accident alcohol test under 49 CFR 382.303 shall use alcohol for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first. 5. No driver shall refuse to submit to a post-accident, random, reasonable suspicion, or follow-up controlled substance and/or alcohol test required by 49 CFR Part 382. 6. No driver shall report for duty, remain on duty or perform a safety-sensitive function when there is a quantifiable level of a controlled substance in the driver's body above the minimum thresholds established in 49 CFR Part 40. Although the personal use of marijuana is permitted under Washington law, federal law still prohibits the use and possession of marijuana. Employees must be aware that having a detectible level of marijuana in their body, regardless of whether their use was for recreational or medical purposes, constitutes prohibited conduct. 7. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any drug except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in §382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. Notwithstanding the above, the medical use of marijuana that causes drug or drug metabolites to be present in the body above minimum thresholds established in 49 CFR Part 40 constitutes prohibited conduct regardless of whether the marijuana was used under the guidance of a medical practitioner and regardless of whether the medical practitioner advised that such use will not adversely affect the driver's ability to safely operate a commercial motor vehicle. 8. Mason County shall not permit a driver to continue to perform safety sensitive functions if the county has actual knowledge of a driver violating any of the aforementioned prohibitions. Actual knowledge may be 4of11 based on Mason County's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances, or an employee's admission of alcohol or controlled substances use, except as discussed in the Alcohol and Drug Problems section of this policy. Prescription and Other Medications No driver may possess any prescription medication or report to work while using anv prescription medication, except when he/she is under a doctor's care and the doctor has advised the driver that the substance does not affect his/her ability to safely operate a commercial motor vehicle. The use of any medication, whether prescription or over-the-counter, that could affect a driver's safe iob performance is prohibited while working. The driver shall report to Human Resources the use of anv prescribed medication and, without identifying the medication shall provide a certificate from the driver's doctor that the use of the medication will not impair the ability to safely perform his/her duties. If, as a result of testing under this policy, the driver is found to have the presence of controlled substances in the body which is a result of the use of his/her legally prescribed medication_ that has not been reported the driver shall be removed from service without pay until it is determined that the use of medication will not impair his/her ability to safely perform assigned duties. Notwithstanding the above, a driver may not possess or report to work while using marijuana under any circumstances even if the marijuana was Prescribed by a doctor. Other Related Alcohol Conduct A driver tested under the requirements of this policy who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall be removed immediately from performing safety-sensitive functions until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following the test administration. Depending on the circumstances, an employee who is removed from service due to an alcohol concentration of 0.0.2 or greater but less than 0.04 may be subject to discipline. Controlled Substances and Alcohol Testing Submission to the controlled substance and alcohol testing described in this policy is a condition of employment with Mason County for those drivers covered by DOT and FMCSA regulations. A refusal to submit (as described above) will constitute a violation of this policy and be grounds for termination of employment. A driver may be tested for controlled substances at any time during his/her work day, except pre-employment, and alcohol testing will be conducted just before, during or after performing safety sensitive functions. Driver's will be escorted to the testing facility by a trained supervisor for the following drug and alcohol tests: post-accident, reasonable suspicion, and random. Drivers will be subject to testing as follows: Pre-Employment: Drivers will be tested for controlled substances unless: 1. The driver participated in a DOT testing program within the past 30 days and: 2. While participating in that program, either: a. Was tested for controlled substances within the past 6 months (from the date of application with the employer), or b. Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and 3. No prior employer of the driver of whom Mason County has knowledge has records of a violation of DOT controlled substances regulations within the previous 6 months. A driver/applicant who tests positive on a pre-employment test will not be hired, but may be eligible to reapply for employment with Mason County after one year from the date of the positive test. Mason County is required to make a good faith effort to contact a driver's previous employer regarding drug and alcohol test results if the driver performed safety-sensitive functions for that employer within the last two (2) years. 5of11 Post-Accident: As soon as practicable following an occurrence involving a CMV operating on a public road, each surviving driver shall be tested for controlled substances and alcohol if: 1. the driver was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life (fatality); or 2. the driver received a citation for a moving violation and the accident involved bodily injury to any person who, as a result of the accident, immediately receives medical treatment away from the scene of the accident; or. 3. the driver received a citation for a moving violation and the accident involved one or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle. A driver may not consume alcohol for eight (8) hours following an accident that requires the DOT alcohol test. The alcohol test must be completed within two (2) hours of the accident; if not, the supervisor must document the reasons for the delay, and shall continue to have the test conducted up to eight (8) hours following the accident. After eight (8) hours the attempt to test will be ceased, and the supervisor must again provide the reasons for the test not being administered. A controlled substances test shall be administered as soon as practicable up to 32 hours following the accident. After 32 hours the attempt to test will be ceased, and the supervisor must provide the reasons for the test not being administered promptly. A driver must remain readily available for testing, or may be deemed by the Mason County to have refused to submit to testing. Nothing in this policy should be construed to require the delay of necessary medical attention for the injured. Random: Mason County is using a consortium/third party administrator to facilitate the random selection of drivers and notification to Mason County of the driver(s) selected for testing. The consortium/third party administrator is: A WorkSAFE Service, Inc. 1696 Capitol St NE Salem OR 97301 (503) 391-9363 Drivers will be subject to random alcohol and controlled substance testing under the following program: 1. Random.selection of drivers will be made by a scientifically valid method using a computer-based random number generator that is matched with drivers' social security numbers. 2. Each driver shall have an equal chance of being drawn each time selections are made. 3. Selections for testing are unannounced and reasonably spread throughout the calendar year. 4. Random selections are made to ensure testing for controlled substances is conducted at not less than the minimum annual 25% rate and alcohol is conducted at not less than the minimum annual 10% rate, or the rates as established by the FMCSA. 5. A driver shall only be tested for alcohol just before, during, or after performing safety-sensitive functions; however, he/she may be tested for controlled substances any time while performing work for the Mason County. 6. Once a driver is notified of selection for random alcohol and/or controlled substances testing, he/she shall proceed to the test site immediately. Reasonable Suspicion: Drivers will be tested for alcohol and/or controlled substances whenever Mason County has reasonable suspicion that the individual is under the influence of alcohol or a controlled substance. Reasonable suspicion will be based on specific, contemporaneous, articulable observations concerning the behavior, speech, appearance or body odors of the driver, including any indicators of the chronic and withdrawal effects of controlled substances. Drivers required to be tested under reasonable suspicion testing will be removed from performing safety-sensitive functions pending the outcome of the test result(s) and be transported to the testing facility by a trained supervisor. Personnel responsible for supervising and managing 6of11 employees subject to testing under this policy must attend at least two hours of training,on alcohol and drug misuse symptoms and indicator used in making determinations for reasonable suspicion testing. Only those individuals who have received this training are qualified to make these decisions. Reasonable suspicion drug testing is authorized when the supervisor's observation of the driver's behavior occurs any time during the workday. Reasonable suspicion alcohol testing is authorized only if the supervisor's observation of the driver's behavior has been made during,just preceding, or just after performing any safety- sensitive function. The alcohol test must be completed within two (2) hours of the observation; if not, Mason County must document the reasons for the delay, and shall continue to have the test conducted up to eight (8) hours following the observation. After eight (8) hours, the attempt to test will cease. If an alcohol test is not completed within the two (2) or eight (8) hour time periods, Mason County shall prepare and maintain on file a record stating the reasons the test was not administered within the appropriate time frames. Mason County shall not permit a driver to report for duty, remain on duty, perform, or continue to perform any safety-sensitive functions while the driver is impaired by alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse, until: An alcohol test is administered and the driver's alcohol concentration measures less than 0.02 percent; OR the start of the driver's next regularly-scheduled duty period, but not less than twenty four (24) hours following the supervisor's determination that reasonable suspicion exists. Return-to-Duty: No driver found to be in violation of the Mason County drug and alcohol policy will be permitted to return to duty involving safety-sensitive functions until the driver has undergone an assessment with a Substance Abuse Professional as required by 49 CFR Part 40 and has a verified negative controlled substances test and/or an alcohol test with a result less than 0.02 alcohol concentration. All controlled substances return-to-duty tests will be conducted by same-gender direct observation. Refusing to permit an observed collection will constitute a refusal to test with the same consequences as testing positive. Follow-Up: Any driver in need of assistance in resolving problems associated with alcohol misuse and/or controlled substances use as identified through the evaluation by the Substance Abuse Professional will, if still employed, be required to enter into a Last Chance Agreement as a condition of continued employment and to submit to unannounced follow-up testing for controlled substances and/or alcohol as directed by the Substance Abuse Professional. Mason County may perform follow-up testing for five years. All controlled substances return-to-duty tests will be conducted by same-gender direct observation. Refusing to permit an observed collection will constitute a refusal to test with the same consequences as testing positive. Testing Procedures Urine Specimen Collection: Specimen collections will be conducted in accordance with the procedures of 49 CFR Part 40, as amended. The collection procedures are designed to ensure the security and integrity of the specimen provided by each covered employee, and those procedures will strictly follow federal chain-of- custody guidelines. Moreover, every reasonable effort will be made to preserve the individual's privacy as much as possible consistent with ensuring an accurate result. Covered employees will be required to empty their pockets before providing the drug test specimen. A urine sample will be split at the time of collection. Within 72 hours of the MRO notifying the driver of a verified positive controlled substances test, or an adulterated or substituted specimen, the driver may request the split sample to be tested. Only the MRO may authorize such testing, which may take place only at laboratories certified by the Department of Health and Human Services (DHHS). If the split sample test fails to reconfirm the presence of the drug or drug metabolite, the MRO shall cancel the test or take such steps as are directed by DOT regulations. 7of11 All applicants/drivers have a right to request testing of the split sample. The driver will be responsible for the cost of testing the split sample. Under normal circumstances, the applicant or covered employee will be afforded complete privacy in the restroom for providing the urine sample. Certain situations do require the urine sample be provided under same-gender direct observation. Those situations include: • The temperature on the original specimen was out of range; or • The original specimen appeared to have been tampered with (i.e. unusual color, odor, foam, etc.); or • 'The collector observes materials brought to the collection site or the individual's conduct clearly indicates an attempt to tamper with a specimen; or • The laboratory reported to the MRO that a specimen is invalid, and the MRO reported to Mason County there was not an adequate medical explanation for the result; or The MRO • reported to Mason County that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed; or • The laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5mg/dL, and the MRO reported the specimen to Mason County as negative-dilute and a second collection must take place under direct observation; or • All return-to-duty or follow-up drug tests. When that occurs, the individual subjected to testing will be required to follow the observer's instructions to raise their clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if there is any type of prosthetic or other device that could be used to interfere with the collection process. Refusing to permit an observed collection, or possessing or wearing a prosthetic or other device that could be used to interfere with the collection process, are considered a refusal to test and will constitute a verified positive drug test result. As required by 49 CFR Part 40, only a laboratory certified by the Department of Health and Human Services (DHHS) will be retained by Mason County to perform the analysis of the urine specimen for controlled substances. The initial screening test will be performed by immunoassay and will test for substances and at cutoff levels required by 49 CFR Part 40, as amended. All specimens identified as positive on the initial screening test will be confirmed using gas chromatography/mass spectrometry techniques at cutoff levels required by 49 CFR Part 40, as amended. Negative Dilute Specimens: All negative dilute specimen test results will require the applicant or employee to submit to an immediate retest with minimum advance notice. The retest results shall become the test result of record. If the retest results are also negative and dilute, the test will be deemed a negative result unless the MRO has directed a recollection under direct observation. Breath Alcohol: Testing will be conducted by a qualified technician according to 49 CFR Part 40 procedures using a DOT-approved device. If an initial test indicates an alcohol concentration of less than 0.02, no further testing will be conducted. If the initial test result is 0.02 or greater, a confirmation test will be conducted by a Breath Alcohol Technician using an Evidential Breath Testing (EBT) device. Testing will be conducted in a manner that protects the confidentiality of the employee's testing information as well as the integrity of the testing process. Medical Review All controlled substances test results will be reviewed by a Medical Review Officer (MRO) before results are reported to Mason County. The MRO will attempt to contact the driver to discuss the test results before reporting positive results to Mason County. The Mason County Medical Review Officer is: 8of11 Dee J. McGonigle, M.D. 18912 North Creek Parkway Suite 202 Bothell, WA 98011 (425) 488-9755 Notification of Results Mason County will notify the affected driver of any controlled substances test that is reported as positive by the MRO. Mason County will notify driver-applicants of the results of pre-employment controlled substances testing if the applicant requests that information in writing within 60 days after Mason County notifies the applicant that he/she has or has not been hired. Clearinghouse The Clearinghouse rule required FMCSA-regulated employers, medical review officers (MROs), substance abuse professionals (SAPs), consortia/third-party administrators (C/TPAs), and other service agents to report to the Clearinghouse information related to violations of the drug and alcohol regulations in 49 Code of Federal Regulations, Parts 40 and 382 by current and prospective employees. Drivers should be aware that the motor carrier is required to collect, maintain, and report certain information to the Clearinghouse as required: • A verified positive, adulterated, or substituted drug test result; • An alcohol confirmation test with a concentration of 0.04 or higher; • A refusal to submit to any test required by subpart C of this part; • An employer's report of actual knowledge, as defined at §382.107: o On duty alcohol use pursuant to §382.205; o Pre-duty alcohol use pursuant to §382.207; o Alcohol use following an accident pursuant to §382.209; and o Controlled substance use pursuant to §382.213; • A substance abuse professional (SAP as defined in §40.3 of this title) report of the successful completion of the return-to-duty process; • A negative return-to-duty test; and • An employer's report of completion of follow-up testing. Analysis of Split Sample A urine sample will be split at the time of collection. Within 72 hours of the MRO notifying the driver of a verified positive controlled substances test, or an adulterated or substituted specimen, the driver may request the split sample to be tested. Only the MRO may authorize such testing, which may take place only at laboratories certified by the Department of Health and Human Services (DHHS). If the split sample test fails to reconfirm the presence of the drug or drug metabolite, the MRO shall cancel the test or take such steps as are directed by DOT regulations. All applicants/drivers have a right to request testing of the split sample. Mason County will be responsible for the cost of testing the split sample. Confidentiality Records required under this policy, including test results, will be maintained in a secure location with controlled access. Each driver shall, upon written request, be entitled to receive copies of his/her own records, and to have copies of his/her records made available to any subsequent Mason County. Information may also be disclosed to the relevant state or federal agencies, or in connection with judicial, administrative or related proceedings (e.g., grievances and arbitration) initiated by or on behalf of the driver, or where otherwise required by law. 9of11 Evaluation and Referral DOT regulations require that any driver who violates the alcohol and controlled substances rules of 49 CFR Part 382 be advised of available evaluation resources and be evaluated by a Substance Abuse Professional. The driver must complete an appropriate education and/or treatment program before being eligible to return to safety sensitive duty. Before returning to performing safety-sensitive functions for any DOT employer, a driver must be tested for controlled substances with a verified negative controlled substances test result and/or alcohol with a test result less than 0.02 alcohol concentration. The driver will be subject to follow-up testing of at least six tests in the first 12 months of returning to duty, and follow-up testing may continue for five years. Consequences Under normal circumstances, employees violating this policy or federal regulations will be suspended from performing any safety-sensitive functions with a commercial motor vehicle and will be subject to disciplinary action up to and including termination of employment. Under some circumstances, however, Mason County may agree to return an employee to performing these functions following treatment and rehabilitation. When that occurs, any treatment or rehabilitation (including pre-treatment evaluation) will be the sole financial responsibility of the employee. When, at Mason County's discretion, an employee is returned to work, the driver will be required to enter into a Last Chance Agreement and to submit to unannounced follow-up testing for controlled substances and/or alcohol as directed by the Substance Abuse Professional in order to continue to perform safety-sensitive functions and operate a commercial motor vehicle requiring a CDL. Mason County reserves the right to take disciplinary action up to and including termination for violation of the Mason County Drug and Alcohol Policy where and when deemed appropriate. 10of11 CERTIFICATE OF RECEIPT I hereby certify that on the date shown below, I received and read a copy of the Mason County Drug and Alcohol Policy for Use With FMCSA/DOT-Regulated Employees, consisting of eleven (11) pages including the. Certificate of Receipt, and a copy of the FMCSA manual, Clearinghouse testing acknowledgment, and the drug and alcohol fact sheet. I understand and agree to comply with this policy, including any required alcohol or controlled substance testing. Employee— Print name Employee—Signature Date: (Employee to receive duplicate copy. (Original to be kept in employee personnel file.) 11 of 11 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dan Teuteberg, Director Action Agenda X Public Hearing Other DEPARTMENT: WSU Extension EXT: 686 COMMISSION MEETING DATE: January 19, 2021 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: January 11, 2021 BRIEFING PRESENTED BY: Dan Teuteberg, Director [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 2021 Washington State University Extension — Mason County"Memorandum of Agreement"Appendix A Form. Background: Request signature of the chair on the"Memorandum of Agreement" Appendix A between Mason County and Washington State University Extension. "Memorandum of Agreement"Appendix A provides funding for WSU Extension to provide programs in Mason County based upon the 2021 budget. RECOMMENDED ACTION: Recommend that the board approves and signs the 2021 "Memorandum of Agreement"Appendix A between Mason County and Washington State University Extension. Attachment(s): 1. 2021 Memorandum of Agreement Appendix A between Washington State University Extension and Mason County. 1/5/2021 MEMORANDUM OF AGREEMENT Between WASIIINGTON STATE UNIVERSITY EXTENSION And Mason County APPENDIX A The following funds will be provided under this Memorandum of Agreement for the period January 1, 2021 through December 31, 2021 to provide an extension program. Federal Funds $ 0.00 Non-Federal Funds $ 71,684.00 TOTAL FUNDS $ 71,684.00 It is understood that non-Federal funds provided by the County in support of this agreement may be identified by WSU as match for Federal capacity program(Hatch Act, Smith-Lever Act, etc.)funds received by WSU to support Extension activities. Dr.Vicki McCracken Date Randy Neatherlin Date Director Chair,Mason County Commission WSU Extension Daniel G.Nordquist Date Associate Vice President Office of Research Support and Operations MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Frank Pinter/McKenzie Smith Action Agenda: X Public Hearing: Other Department: Support Services Ext: 530 Commission Meeting Date: January 19, 2021 Agenda Item # B.Cj (Commissioner staff to complete) Briefing Date: October 19, 2020 &January 4, 2021 Briefing Presented By: Frank Pinter [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Approval to amend Resolution # 2020-109 to equally split the proceeds of the sale of parcels # 32030-51-07010 and 32030-51-10001 at 2169 and 2179 Lake Boulevard in Shelton between Current Expense and Public Works. Background: Parcels # 32030-51-07010 and 32030-51-10001 at 2169 and 2179 Lake Boulevard in Shelton were declared surplus property on May 4, 2010 (Resolution # 33-10) and sold to Habitat for Humanity on November 24, 2020 for the amount of $42,500. It was then discovered that one parcel (32030-51- 07010) was Tax Title while the other (32030-51-10001) was deeded to the County and used by the Road Department for a County Shop. A Warranty Deed from November 13, 1953 shows that Public Works had ownership of parcel # 32030-51-10001. Later, a Public Hearing was set on February 25, 1980 for parcel # 32030-51-07010 to be declared surplus as the parcel had been vacant and of no further use to the Road Department. Recommended Action: Approval to amend Resolution # 2020-109 for Proceeds of Sale of Surplus Property, equally splitting the proceeds of the sale of parcels # 32030-51-07010 and 32030-51-10001 at 2169 and 2179 Lake Boulevard in Shelton between Current Expense and Public Works. Attachment(s)- Resolutions Agenda Summary 1/12/2021 RESOLUTION NO. AMENDING RESOLUTION 2020-109 FOR PROCEEDS OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County received an offer to purchase tax title parcel # 32030-51-07010 and 32030-51-10001, located at 2169 and 2179 Lake Boulevard, Shelton, WA, from Habitat for Humanity for$42,500 and a public hearing was held on November 24, 2020 to approve the offer; and WHEREAS, the parcels were declared surplus on May 4, 2010; and WHEREAS, an attempt to sell was made at the 2019 Tax Title auction with no interested bidders and per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County received an offer to purchase the property in the amount of$42,500 from Habitat for Humanity, a Public Hearing was held on November 24, 2020 to consider the offer, and the offer was accepted; and WHEREAS, Resolution 2020-109 needs to be corrected to show final proceeds being split equally between Current Expense and Public Works; and NOW,THEREFORE, BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, split equally between Current Expense and Public Works; and BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing documents and the Property Manager initiate payment of 6% fee of sale price to the County's real estate agent. DATED this 19th day of January, 2021 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Vice Chair —Tim White ie DMA Sharon Trask, Commissioner wer-4 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: January 19, 2021 Agenda Item # 8. (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 # 8076782-8077109 $ 4,761,472.38 Direct Deposit Fund Warrant # 74261-74640 $ 748.715.59 Salary Clearing Fund Warrant 7005657-7005693 $ 1,041,208.68 Treasurer Electronic Remittances $ 6,543,844.37 Macecom 12/8/2020 $ 145,362.26 Mental Health 12/10/2020 $ 18,598.88 Dispute Resolution Center 12/10/2020 $ 855.00 Beards Cove Water Meter #91-07 12/15/2020 $ 1,201.00 Beards Cove Water Meter # 91-07 12/15/2020 $ 2,234.00 Capital Improv. Reet2 Fund 351 12/10/2020 $ 400,000.00 Budgeted Transfer to Belfair Sewer 12/10/2020 $ 400,000.00 Road Division Current Exp 12/14/2020 $ 110,061.45 County Road 12/14/2020 $ 110,061.45 Mental Health Budgeted Transfer to 12/23/2020 $ 8,041.40 Clerk 12/23/2020 $ 8,041.40 Mental Health Budgeted Transfer to 12/23/2020 $ 9,189.90 Prosecutor 12/23/2020 $ 9,189.90 Mental Health Transfer to 12/23/2020 $ 70,146.97 Therapeutic Court 12/23/2020 $ 70,146.97 Mental Health Budgeted Transfer to 12/23/2020 $ 21,919.43 Juvenile Probation 12/23/2020 $ 21,919.43 Mental Health Budgeted Transfer to 12/23/2020 $ 18,468.02 Public Defense 12/23/2020 $ 18,467.02 Mental Health to 12/23/2020 $ 60,337.26 Public Health 12/23/2020 $ 60,337.26 General Fund to 12/14/2020 $ 4,254.00 Historical Preservation 12/14/2020 $ 4,254.00 General Fund to 12/14/2020 $ 100,000.00 Information Technology 12/14/2020 $ 100,000.00 Mason County Public Wks Local Bd-Interest 12/1/2020 $ 146,875.00 North Bay LTGO REF BD Principal 12/1/2020 $ 125,000.00 North Bay LTGO REF BD Interest 12/1/2020 $ 73,912.50 2013 LTGO Bond B Principal 12/1/2020 $ 75,000.00 2013 LTGO Bond B Interest 12/1/2020 $ 32,567.18 Mason County 2011 BWWR Principal 12/1/2020 $ 265,000.00 Mason County 2011 BWWR Interest 12/1/2020 $ 57,651.88 Voip Interest 12/1/2020 $ 1,199.85 Reet 2 Transfer Out to Rustlewood Sewer 12/10/2020 $ 60,000.00 Mental Health Transfer Out to Jail 12/29/2020 $ 25,775.48 Community Health to Public Health 12/29/2020 $ 15,000.00 Current Expense to REET 1 12/14/2020 $ 1,821,000.00 Current Expense REET 1 12/22/2020 $ 75,000.00 Refund Interest Earned 12/31/2020 $ 230.13 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 $ 4,761,472.38 Direct Deposit YTD Total $ 748,715.59 Salary Clearing YTD Total $ 1,041,208.68 Approval of Treasure Electronic Remittances YTD Total $ 13,862,170.88 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant#8076782-8077109 $ 4,761,472.38 Direct Deposit Fund Warrant#74261-74640 $ 748,715.59 Salary Clearing Fund Warrant#7005657-7005693 $ 1,041,208.68 Treasurer Electronic Remittances $ 6,543,844.37 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) RECEIVE® 12/s/Zo2o DEC 31 2020 Mason County Payment approval of Macecom: Commissioners y FUND Account# Remittance Macecom 001.000000.300.300 $ 145,362.26 $ - r�_�_ 12/10/2020 Payment approval of Mental Health: FUND Account# Remittance MENTAL HEALTH 164.000000.000.000 $ 18,598.88 $ - 12/10/2020 FUND Account# Remittance DISPUTE RESOLUTION CENTER 001.000000.100.000 Is 855.00 $ - 1'2/15/2020 FUND Account# Remittance BEARDS COVE WATER METER'S (#91-07) 412.000000.000.000 $ 1,201.00 BEARDS COVE WATER METERS #91-07 412.000000.000.000 $ 2,234.00 $ - Payment approval of Capital Improvement Reet 2 11/10/2010 FISCAL BOND AGENT FUND FUND No. ACCT. #'S Remiittance Capital Improv Reet 2 Fund 361 351.000000.000.000 $ 400,000.00 Budgeted Trnsfr to BELFAIR SEWER 413.000000.000.000 $400,000.00 14=Dec-20 FUND Account# Remittance Road Diversion-Current Exp 001.000000.260.010 $ 110,061.45 County Road 105.000000.000.000 $ 110,061.45 12/23/2020 FUND Account# Remiittance Mental Health- Budgeted Transfer , 164.000000.100.000 $ 8,041.40 Clerk 001.000000.070.000 $8,041.40 23-Dec-20 FUND Account# Remiittance Mental Health- Budgeted Transfer 164.000000.100.000 $ 9,189.90 Prosecutor 001.000000.180.164 1 $9,189.90 12/23/2020 FUND Account# Remiittance Mental Health- Transfer- 164.000000.100.000 $ 70,146.97 Therapeutic Court 001.000000.256.100 1 $70,146.97 12/23/2020 FUND Account# Remiittance Mental Health-Budgeted Transfer 164.000000.100.000 $ 21,919.43 Juvenile Probation 001.000000.170.000 $21,919.43 12/23/2020 FUND Account# Remiittance Mental Health-Budgeted Transfer 164.000000.100.000 $ 18,468.02 Public Defense 001.000000.240.000 $18,467.02 12/23/2020 FUND Account# Remiittance Mental Health 164.000000.100.000 $ 60,337.26 Public Health 150.000000.100.000 $60,337.26 "14=Dec-20 FUND Account# Remittance Voip Principal 500.000000.000.000 $ - Voip Interest 500.000000.000.000 $ 1,199.85 10-Dec-20 FUND Account# Remiittance Reet 2-Transfer Out 351.000000.000.000 $ 60,000.00 Rustlewood Sewer 411.000000.100.000 $60,000.00 29=Dec-20 FUND Account# Remiittance Mental Health Transfer Out 164.000000.100.000 $ 25,775.48 Jail 001.000000.205.270 $25,775.48 29-Dec 2U FUND Account# Remiittance COMMUNITY HEALTH 117.000000.000.200 $ 15,000.00 PUBLIC HEALTH 150.000000.100.000 $15,000.00 14=Dec-20 FUND Account# Remittance Current Expense 001.000000.310.000 $ 1,821,000.00 Reet 1 350.000000.300.000 $ 1,821,000.00 1`2%22/2020 FUND Account# Remittance Current Expense 001.000000.310.000 $ 75,000.00 Reet 1 350.000000.300.000 $ 75,000.00 "12/31/2020 REFUND INTEREST EARNED FUND Account# Remiittance CURRENT EXPENSE 001.000000.260.000 $ 79.27 ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $28.36 Veterans Assistance 190.000000.000.000 $ 1.06 COUNTY ROAD 105.000000.000.000 $119.71 MENTAL HEALTH 164.000000.000.000 $1.73 Respectfully submitted by: Julie Richert,Chief Deputy Treasurer GENERAL FUND 001.000000.310.000 $ 4,254.00 HISTORICAL PRESERVATION 116.000000.000.000 $ 4,254.00 14-Dec=20 FUND Account# Remiittance General Fund 001.000000.310.000 $ 100,000.00 Information Technology 500.000000.000.000 1 $1.00,000.00 12/1/2020 FUND Account# Pay Bonds Remittance Mason Co Public Wks Local Bd-Principal 205.000000.000.000 $ - Mason Co Public Wks local Bd-Interest 205.000000.000.000 $ 146,876.00 $ - '12/1/2020 FUND Account# Remittance NORTH BAY LTGO REF BD PRINC 403.000000.100.020 $ 125,000.00 NORTH BAY LTGO REF BD INTEREST 403.000000.100.020 $ 73,912.50 $ - 12/1/2020 FUND Account# Remittance 2013 LTGO Bond A Principal 215.000000.000.000 $ - 2013 LTGO Bond A Interest 216.000000.000.000 $ - 2013 LTGO Bond B Principal 215.000000.000.000 $ 75,000.00 2013 LTGO Bond B Interest 215.000000.000.000 $ 32,567.18 FUND Account# Remittance Mason County 2011 BWWR-Principal 413.000000.000.000 $ 265,000.00 Mason County 2011 BWWR-Interest 413.000000.000.000 $ 57,651.88 12/1/2020- FUND Account# Remittance MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Peter Jones Action Agenda: X Public Heari7g: Other_ Department: Public Defense Ext: 280 Commission Meeting Date: January 19, 2021 Agenda Item #8�- (Commissioner staff to complete) Briefing Date: January 11, 2021 Briefing Presented By: Peter Jones [ ] Item was not previously briefed by the board Please provide explanation of urgency Item Approval to accept the CARES Act funding reimbursement grant from the State Office of Public Defense. Background: The State Office of Public Defense has provided a reimbursement grant for certain items. Budget Impacts• Revenue of$1,159.38 — reimbursement for money spent in 2020 budget. Recommended Action: Approval to accept the CARES Act funding reimbursement grant from the State Office of Public Defense. Attachment(s)• Invoice Voucher Agenda Summary 1/13/2021 FORM STATE OF WASHINGTON AGENGY'USEONLY m, A 19-1A 3 ti INVOICE VOUCHER A0ENGYNO. . .1-OCATIONCo1)E PR oBAUTH IJo (Rev.5/91) 056 GRT21001 AGENGY NAME Washington State Office of Public Defense INSTRUCTIONS TO VENDOR OR CLAIMANT., Submit this form to claim payment for materials, merchandise or services. Show complete detail for each item. VENDOR iORCAIMANT arrant Into>be a able t0 Vendor's Certificate: I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials,merchandise or services furnished to the State of Washington, and that all goods furnished and/or Mason County Indigent Defense services rendered have been provided without discrimination because of age, 411 N 5th St sex, marital status, race, creed, color, national origin, handicap, religion, or Vietnam era or disabled veterans status. Shelton, WA 98584 77 BY ~(SIGN IN Chief Public Defender 12/29/20 (TITLE) (DATE) FEDERAL I.D.NO.OR SOCIAL SECURITY NO.(For reporting Personal Services Contract Payments to I.R.S. RECEIVED BY DATE RECEIVED PATE, ;; DESCRIPTION a QUANTITY AMOUNT UNIT FOR AGENCY t7§E .. Please include a description of the items below: 12-14-20 Face Masks 50 ct. 5 50ct $39.95 12-15-20 Shedrain Umbrellas 5 Ict $43.71 12-17-20 USB Disk Drives, 32 GB 30 1ct $179.70 12-14-20 Medify Air Purifiers 2 lct $258.94 12-27-20 Cell Phones for Attorneys 6 lct $637.08 PREPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL DATE Peter Jones 360-427-967Ox598 12-29-20 DOC,DATE PMT DUE DATE I CURRENT DOC.NO. REF DOC. VENDOR NUMBER VENDOR MESSAGE UBI NUMBER GRT21001 SWV0001893-00 REF TRANS M - MASTERINDIX SUg -SUB ORG WORKCLASS COUNTY CITY/TOWN SUB.. PROD' OOC CODE 0UND:i gppN paooRnrn OBJ SUB INDEX gLLoc euoceT UNIT Mos PROlEOT PROj. PHAS AMOUNT INVOICE NUMBER 210 510127Z0 $342.60 10043 NZ 53Q0 PPE 210 510127ZO NZ 2_000 Tech $816.78 10043 ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Peter Jones Action Agenda: X Public Hearing: Other Department: Public Defense Ext: 280 Commission Meeting Date: January 19, 2021 Agenda Item #6.-' (Commissioner staff to complete) Briefing Date: January 11, 2021 Briefing Presented By: Peter Jones [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Approval for the Chair to review and sign the 2021 contract renewal with Taschner Law Office to procure services from Taschner Law to serve as a contracted Public Defense attorney for Mason County District Court. Background: The 2021 Professional Services Contract is a simple extension of the 2020 contract. Budget Impacts• None, this is already accounted for. Recommended Action: Approval for the Chair to review and sign the 2021 contract renewal with Taschner Law Office to procure services from Taschner Law to serve as a contracted Public Defense attorney for Mason County District Court. Attachments) Contract Agenda Summary 1/13/2021 MASON COUNTY PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as"COUNTY"and Taschner Law. PLLC, referred to as"CONTRACTOR." COUNTY and CONTRACTOR are collectively referred to as"Parties"to this CONTRACT. RECITALS: WHEREAS, COUNTY has a need to procure the services of an individual to serve as a contracted Public Defense attorney for Mason County District Court; and WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions: Responsibilities: CONTRACTOR will be responsible for: 1. Providing high quality legal representation of indigent defendants in adult criminal matters in Mason County District Court. 2. Knowing and complying with the standards for indigent defense as detailed in the Supreme Court of Washington's Order 25700-A-1004. Conclusion of CONTRACT Performance Period: At the conclusion of this term, should the contract not be renewed, the following conditions will apply: A. Unless otherwise provided in "B" below, for appointments made through the end of the contract period, additional payment shall be made to CONTRACTOR for time spent following the end of the term at the rate of$50 per hour through the conclusion of the case, subject to a determination of reasonableness. B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end of the contract period, or any assigned case that enters warrant status after the conclusion of the contract period, shall be reassigned to a new attorney upon the Defendant's next appearance before the Court. Termination by CONTRACTOR: CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice thirty(30)or more days before last day services will be provided. General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in"Exhibit A Scope-of-Services,"during the CONTRACT period. No material, labor or facilities will be fumished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The performance period for this CONTRACT will start on Jan 1, 2021 and will end on December 31, 2021 or sooner as determined by COUNTY following a thirty(30)day written notice. 1 Service Outside of Performance Period: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however,that the CONTRACT is in writing and signed by both parties Compensation: CONTRACTOR will be compensated as detailed in Exhibit B Compensation. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in"Exhibit B Compensation." Where Exhibit"B"requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit"B," by documentation of units of work actually performed and amounts earned, including,where appropriate,the actual number of days worked each month,total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. B. Unless specifically stated in Exhibit"B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit"B." Taxes: A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to 2 perform, and in no case more than ten(10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1)cure any failure or default, (2)to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act;the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Independent Contractor: A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. C. CONTRACTOR represents that he/sheet maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual,firm or entity without the express and prior written approval of COUNTY. No Guarantee of Employment: 3 The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise,to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: 4 This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review,within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR,then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments,Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: 5 A. indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom)which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. B. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Support Services Director or designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer is: Peter Jones Chief Public Defender Mason County 411 N. 5th Street Shelton,WA 98584 Phone: 360-427-9670 Ext. 280 E-mail: peterj(cb-co.mason.wa.us 6 GONTRACTOR's.Primary Contact's Information: Win 17kS(r40K_. Notice: Except as set forth elsewhere in the CONTRACT, for all.purposes under this CONTRACT except service of process, notice shall,be given by CONTRACTOR to:COUNTY's Administrative. Officer under this CONTRACT.. Notices and other communication.may be conducted via a-mail, U.S..mail,fax,hand-delivery or other generally accepted mariner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all.agreed modifications,to be valid:and binding upon either party,:shall be in writing and signed by both of the parties, Termination for Default: A. If CONTRACTOR defaults by:failing to perform any of the obligations of the CONTRACT or becomes.insolvent or is.declared bankrupt or.commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors,COUNTY may,by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at.COUNTY's option, obtain ( performance of the work elsewhere. If the-CONTRACT is terminated for default, l 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 corimpleting the work, and all damage sustained, or which may be sustained by COUNTY by reason of-such default. B. !f a notice of termination for default has peen 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. W.henever the CONTRACT is terminated in:accordance with this paragraph., CONTRACTOR.shalLbe entitled to payment:foractual 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.. 7 Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. B The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer of COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act,failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due,the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30)days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: A. Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand,the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. 8 B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six(6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to i exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders and Exhibit D. B. Exhibit C Insurance Requirements C. Special Conditions D. General Conditions E. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 9 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON NAME(Print): SIN TAStffNmX— NAME(Print): Dated: 17 1 0 JUM Dated: CHIEF PUBLIC DEFENDER NAME(Print): Dated: F 10 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dave Windom Action Agenda x Public Hearing Other DEPARTMENT: MCCS-PH EXT: 260 DATE: 19 January 2021 Agenda Item # q Commissioner staff to complete) BRIEFING DATE: 11 January 2021 BRIEFING PRESENTED BY: Dave Windom [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Hire temporary staff to assist in vaccine program roll out EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Hire one additional staff in Public Health to assist with the vaccine roll out. This staff will be housed at DEM in order to facilitate the coordination of vaccine distribution and information sharing between public health and the health care sector and the public. This position will be essentially clerical in nature running a vaccine hotline and vaccine tracking and data entry. BUDGET IMPACT: Paid with CARES Act funding PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community meetings, etc.) None RECOMMENDED OR REQUESTED ACTION: Recommend approval to hire additional staff in Public Health to assist with the vaccine roll out. ATTACHMENTS: None MASON COUNTY AGENDA ITEM SUMMARY FORM z TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lisa Frazier Action Agenda x Public Hearing Other DEPARTMENT: Treasurer EXT: DATE: January 19, 2021 Agenda Item # ,\0 Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Annual Request— Briefed in past years ITEM: 2021 Uncollectible Personal Property Taxes Background: RCW 84.56.240 states in part that if the county treasurer is unable for want of goods or,chattels whereupon to levy, to collect by distress or otherwise, the taxes, or any part thereof, which may have been assessed upon the personal property of any person or corporation...................... the treasurer shall file with the county legislative authority, on the first day of February following, a list of such taxes. Budget Impacts: Reduction in property tax revenues-for CE and all related junior taxing districts_proportionately. RECOMMENDED ACTION: Approval of resolution to cancel uncollectible personal property taxes as listed and attested to by the treasurer. Attachment(s): 2021 Uncollectible Personal Property Taxes Affidavit of Mason County Treasurer Resolution No. 2021 Uncollectible Personal Property Taxes Affidavit of Mason County Treasurer Elisabeth (Lisa) Frazier WHEREAS, RCW 84.56.240 states'in part:that if the county treasurer is unable for the want of goods or chattels whereupon to levy,to collect by distress or otherwise, the taxes, or any part thereof, which may have been assessed upon the personal property of any person or corporation........., the treasurer shall file with the county legislative authority, on the first day of February following, a list of such taxes. THEREFORE, pursuant to RCW 84.56.240, 1 Elisabeth (Lisa) Frazier, Mason County Treasurer, and or my deputy entrusted with the collection of the taxes have made a diligent search and inquiry for goods and chattels wherewith to make such taxes, and was unable to make or collect the same as shown on attachment "A". NOW THEREFORE,the Mason County Board of County Commissioner's hereby accepts the affidavit of the Mason County Treasurer and hereby approves the cancellation of uncollectible personal property taxes as shown on attachment "A". Dated this day of February, 2021:- BOARD OF MASON COUNTY COMMISSIONERS ATTESTED TO: Randy Neatherlin, Commissioner and Chair Elisabeth (Lisa) Frazier, Mason County Treasurer' Kevin Shutty,Vice Chair ATTESTED TO: Sharon Trask, Commissioner Mckenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief Deputy Prosecuting Attorney 1 2021 UNCOLLECTIBLE PERSONAL PROPERTY TAXES AFFIDAVIT OF MASON COUNTY TREASURER ELISABETH (LISA) FRAZIER ATTACHMENT "A" PARCEL# NAME DESCRIPTION YEAR TAXES 10-03759 BOOTHE INC PS, JEANETTE W Services-Professional(65) 2019 $33.53 2020 $84.86 REASON Uncollectible/ Business closed Business owner deceased Mason County Treasurer's office has exhausted all efforts to collect the 2019 &2020 taxes. $118.39 _ 10-04851 BEISLEY, INC Services-Contract(66) ~2018 �$285.62 REASON Uncollectible/Business moved 2017 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 taxes. $285.62 I . 10-04869 FIBERGLASS MARINE PRODUCTS Trade-Auto(55) _ 2018 $359.60 2019 $349.35 REASON Uncollectible/ Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018.&2019 taxes. - $708.95 10-06486 CORTEZ USED TIRES Trade-Auto(55) 2018 $193.05 2019 $114.74 REASON Uncollectible/Business burnt down 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 &2019 taxes. $307.79 — -- 10-07134 GAZORI ATTNY, AIVI JES----- -Services-Professional(65) 2017 $97.01 2018 $169.84 REASON Uncollectible/Business closed 2017 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2017 &2018 taxes. $266.85 10-07235� ROOTWORX LLC Marijuana Grow Operations(86) 2018 $1,306.23 2019 $702.10 REASON Uncollectible/Business closed 2018 Unable to contact owner after multiple attempts Mason County Treasurer's office has exhausted all efforts to collect the 2018 & 2019 taxes. $2,008.33 w 10-07294— CELESTEVA LLC� Marijuana Grow Operations(86) 2017 $134.83 — 2018 $795.93 REASON Uncollectible/Business & equipment sold 2017 Unable to contact owner after several letters Mason County Treasurer's office has exhausted all efforts to collect the 2017 &2018 taxes. $930.76 10-07451� MY PAINTED HEART Trade-Apparel(56) 2018 $117.45 2019 $110.44 REASON Uncollectible/Business & equipment sold 2019 2020 $109.30 Unable to contact owner after several attempts&account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 through 2020 taxes. $337.19 10-07464 TOKELAND HEMP PRODUCTS — -� �� Trade-Retail(52) 2018 $941.99 REASON Uncollectible/Business closed 2017 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 taxes. $941.99 10-07471 GREEN 2 BLACK Marljuana Grow Operations(86) 2018 $1,001.15 REASON Uncollectible/Business closed 2017 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 taxes. $1,001.15 10-07510 FAR-OUT ESTHETICS LLC i Services-Personal(62) — 2018 $220.14�- 2019 $70:46 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 &2019 taxes. $290.60 _ 10-07539~ EN BROTHERS ASPHALT MAINTANCE _ Services-Contract(66) 2018 $132.13 2019 $55.73 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 &2019 taxes. $187.86 10-07541 LINDSEYZ LANDSCAPE & EXCAVATION Services-Contract(66) 2018 $499.52 2019 $453.54 REASON Uncollectible/Business closed 2017 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 &2019 taxes. $953.06 —« _ ..� T'•----...f..., mom. .. -- e gym. 10-07543 HARRYS PAINTING LLCServices-Contract(66) 2018 $145.75 2019 $47.83 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 &2019 taxes. _ $193.58 77 10-07555 JUSTIFIED TRUCKING INC Trans portation-Highway(45) 2018 $233.06 2019 $126.64 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 & 2019 taxes. $359.70 _ _ - 10-07559 FOLEY'INVESTMENT GROUP LLC Services-Personal(62) 2018 $97.09 2019 $30.83 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 & 2019 taxes. $127.92 _ 10-07567 HJ SERVICES LLC Services-Contract(66) 2018 $124.23 2019 $26.61 REASON Uncollectible/Business closed 2017 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 &2019 taxes. $150.84 10-07570 _ THE SWEDES SERVICES LLC Services=Contract(66) 2018 $87.67 2019 $173.28 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 & 2019 taxes. $260.95 10-07613 BELLA ACRES�LLC Services-Profess ional(65) 2018 $545.00 REASON Uncollectible/Business closed 2017 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2018 taxes. $545.00 10=07690 ELKCO Services-Contract(66) 2019 $34.56 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $34.56 10-07695 OLYMPIC MOUNTAIN AUTO LLC Services-Repai r(64) 2019 _$63.55 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $63.55 10-07696 MADISON_AND CYRUS LARSEN Trade-Apparel(56) 2019 $11.44 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason-County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $11.44 10-07729 PENINSULA VOLLEYBALL CLUB Services-Educational(68) 2019 $56.05 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $56.05 10-07759 HAPPY CLOUD CLEANING ' —Services-Contract(66 2019 $26.33 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $26.33 10-07838 JUST ONE MORE AUTO Services-Repair(64) 2019 $7.76 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $7.76 10-07906 BULLY KINGS LLC Trade-Apparel(56) 2019 $16.99 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $16.99 _ 10-07948 THE LOOKING GLASS LLC _ Trade-General Merchandise(53) 2019 $52.46 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $52.46 10-08019 SAPPHIRE INK LLC Services-Personal(62)� 2019 $43.95 REASON Uncollectible/Business closed 2018 Unable to contact owner and account retired Mason County Treasurer's office has exhausted all efforts to collect the 2019 taxes. $43.95 30-00362 TERESA DISSER Mobile Home 2018 $284.75 2019 $249.85 REASON Uncollectible/Mobile Destroyed DP#18-069 . Unable to contact owner and Mobile home no longer on property Mason County Treasurer's office has exhausted all efforts to collect the 2018 &2019 taxes. $534.60 30-00581 LYNN WILOTH Mobile Home 2016 $8.82 REASON Uncollectible/Mobile Destroyed DP#17-095 Unable to contact owner and Mobile home no longer on property Mason County Treasurer's office has exhausted all efforts to collect the 2016 taxes. $8.82 Total Cancellation $10,833.04 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lisa Frazier Action Agenda x Public Hearing Other DEPARTMENT: Treasurer EXT: DATE: January 19, 2021 Agenda Item # 8. Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Annual Report— Briefed in past years ITEM: 2020 Property Tax Refunds —Acknowledgment of Receipt Background: RCW 84.69.020, the county treasurer shall make all refunds to be determined by this section, and by the first Monday in February of each year, report to the county legislative authority a list of all refunds made under this section during the previous year. The list to include the name of the person receiving the refund, the amount of the refund, and the reason for the refund. Budget Impacts: Impacted property tax revenues in 2020 —for CE and all related junior taxing districts proportionately. RECOMMENDED ACTION: Acknowledge receipt of the Treasurer's Annual Refund Report. Attachment(s): Acknowledgment of Receipt &Treasurer's Annual Refund Report MASON COUNTY BOARD OF COMMISSIONERS ACKNOWLEDGMENT OF RECEIPT According to RCW 84.69.020, the county treasurer shall make all refunds to be determined by this section, and by the first Monday in February of each year,report to the county legislative authority a list of all refunds made under this section during the previous year. The list is to include the name of the person receiving the refund,the amount of the refund, and the reason for the refund. The Mason County Board of Commissioners hereby acknowledges they are in receipt of the attached Treasurer's Refund Report (attachment"A")to support the refunds made to taxpayers during the year of 2020. Dated this , day of February, 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Randy Neatherlin, Chair Kevin Shutty, Vice-Chair Sharon Trask, Commissioner ATTEST: McKenzie Smith, Clerk of the Board Cc: Mason County Treasurer i TREASURER'S ANNUAL REFUND REPORT ATTACHMENT "A" Number of Refunds........................................... 228 Total Taxpayer refunds............................................ $ 260,531 .34 Total Treasurer refunds............................................. $ 58,908.28 Total Amount of Refunds.......................................... $ 319,439.62 Reason for tax refunds as follows: Acreage Correction................................... 0 Administrative Segregation......................... 0 Apprasial Review....................................... 0 Assessment Roll Correction......................... 6 Board of Equalization................................. 5 Boundary Line Adjustment.......................... 0 Combination of Parcels.............................. 0 Destroyed Property.................................... 9 DFL/Open Space....................................... 0 Disabled Persons Exemption........................ 12 Double Assessment.................................... 2 Erroneous Assessment................................. 0 Erroneous Payment.................................... 2 Fire Patrol Cancel............ ........... 0 ............... Manifest Error............................................. 30 Misc. Change............................................ 7 Now Exempt Property................................. 3 Posting Error............................................... 22 Reappraisal Request.................................. 0 Segregation.............................................. 1 1 Senior Exemption....................................... 116 State Board of Tax Appeals......................... 0 Taxes Paid Twice........................................ 3 TOTAL 228 TREASURER'S ANNUAL REFUND REPORT ATTACHEMENT"A" TOTAL TAXPAYER TREASURER $ 319,439.62 $ 260,531.34 $ 58,908.28 Name - "Reason:. .Am6unt ;. Ambunt'' JPS Properties LLC Assessment Roll Correction $ 291.53 Olympia Fuel, Inc Assessment Roll Correction $ 73.73 Shirley L &.Daniel L Sauvageau Assessment Roll Correction $ 761.49 Lake Cushman Company Assessment Roll Correction $ 568.11 Steven E Kegg Assessment Roll Correction $ 25.88 Cynthia & Kent Correa Assessment Roll Correction $ 35.03 John H &Shirley Byerly Board of Equalization $ 187.34 Hadi Abolsaba &Tabassom Golchoobian Board of Equalization $ 660.71 Roy T Stenger, Nadine G Stenger & Kirk D Stenger Board of Equalization $ 359.66 Aaron & Millika Rivers Board of Equalization $ 467.07 Lisa K Cole Board of Equalization $ 241.45 Bruce J McLendon Destroyed Property $ 276.83 Wilfred C &Viola C Johnson Destroyed Property $ 315.12 Harvey W &Janice L Hedman Destroyed Property $ 571.07 Marylou Guinn Destroyed Property $ 65.04 Gordon & Cheryl R Eklund Destroyed Property $ 121.01 Gedora Asset Management Co Bagley, Michael A & Julie A Destroyed Property $ 1,687.76 Mason County Treasurer Destroyed Property $ 510.06 Jeffrey A & lone K Vrabel Corelogic Tax Service Destroyed Property $ 469.20 Charles Holcom Destroyed Property $ 4,052.73 Mason County Treasurer Disabled Persons Exemption $ 2,346.18 Kathy A Peters Disabled Persons Exemption $ 3,866.47 Rebekah A Kakuk Disabled Persons Exemption $ 1,102.88 Timothy J Skipo Disabled Persons Exemption $ 308.74 Corelogic Tax Service David W & Melissa Mercereau Disabled Persons Exemption $ 1,336.57 Wells Fargo Tax Service Disabled Persons Exemption $ 7,147.72 Mason County Treasurer Disabled Persons Exemption $ 695.95 Lori S & Steven R Estes Disabled Persons Exemption $ 168.44 Abraham Jones Disabled Persons Exemption $ 506.13 Carl W Landers Corelogic Tax Service Disabled Persons Exemption $ 2,538.97 Wells Fargo Tax Service Disabled Persons Exemption $ 3,238.08 Jayne Coleman Disabled Persons Exemption $ 2,134.97 Janet & Donald Havens Double Assessed $ 924.83 Daniel H & Reva J Dubiak Reva Dubiak Double Assessed $ 1,898.86 Harker Hearne Erroneous Payment $ 15,907.45 Sonoe Seiber Erroneous Payment $ 24.87 $ 167.32 John H &Shirley Byerly Manifest Error $ 103.81 Model T Pub & Eatery Manifest Error $ 59.73 Rug Doctor Manifest Error $ 5.90 Kroger Manifest Error $ 194.95 Hama Hama Company, Inc Manifest Error $ 45.67 Tozier Bros, Inc Manifest Error $ 219.16 Shumaker Costrucfion, Inc Manifest Error $ 321.45 Walmart Manifest Error $ 1,093.11 Hood Canal Telephone Company Manifest Error $ 2,757.53 MG & DA Harris Manifest Error $ 55.95 Stephen Anderson Manifest Error $ 70.76 David R & Diane Kraus Manifest Error $ 602.46 $ 336.76 Ryan Tax Compliance Services, LLC Manifest Error $ 309.29 Corelogic Tax Service Manifest Error $ 23.58 Douglas C & Michel D Topp Manifest Error $ 682.16 Karen Neff & Richard Phillips Manifest Error $ 527.97 Praxair Manifest Error $ 10.44 Eli T or Mollie K Dickison Manifest Error $ 13.21 Connell, John (Jack) Manifest Error $ 201.90 Umqua Bank Corelogic Tax Service Manifest Error $ 2,004.56 Kroger Manifest Error $ 564.04 Meredith Elkins Manifest Error $ 1,903.97 Mark & Doreen Kiser Manifest Error $ 128.31 Richard W Mathias & Greg E Holk Manifest Error $ 2,827.30 Mason County Treasurer Manifest Error $ 2,083.78 Larry L & Peggy L Meier Manifest Error $ 342.42 Valerie L Burch & Carole J Wahsburn Manifest Error $ 2.24 Estate of Jeanne S Cormier & Kay M Lambert Manifest Error $ 1,261.30 TAC & JFC Manifest Error $ 418.37 Rock Island Resources LLC Manifest Error $ 1,918.15 Patricia V Bixenmann Misc Change $ 51.82 Loree Stoehr Misc Change $ 9.73 US Department of Justice Misc Change $ 1,178.26 Gene/Eugene III &Veronica Tourangeau Misc Change $ 93.57 Mason County Title Co Misc Change $ 403.24 Mason County Treasurer Misc Change $ 260.95 Port of Allyn Misc Change $ 700.52 Susan Fidelman Siera Pacific Industries Now Exempt Property $ 160.27 Lois Gibbons Now Exempt Property $ 238.85 Green Diamond Resource Now Exempt Property $ 77.30 Mason County Treasurer Posting Error $ 561.90 Mason County Treasurer Posting Error $ 1,763.01 Mason County Treasurer Posting Error $ 2,582.29 Alderbrook Golf& Yacht Club Posting Error $ 323.21 $ 2,308.67 Jana Gish Posting Error $ 48.53 $ 2,426.36 Mason County Treasurer Posting Error $ 961.17 Mason County Treasurer Posting Error $ 5,556.07 Mason County Treasurer Posting Error $ 8,631.98 Mason County Treasurer Posting Error $ 3,193.32 Christopher Musick Posting Error $ 12.89 $ 257.80 Mason County Treasurer Posting Error $ 499.68 Mason County Treasurer Posting Error $ 425.00 Charles & Julie Rhodes Posting Error $ 3.60 $ 52.05 Mason County Treasurer Posting Error $ 250.38 Mason County Treasurer Posting Error $ 1,505.28 Mason County Treasurer Posting Error $ 678.18 Mason County Treasurer Posting Error $ 875.62 Mason County Treasurer Posting Error $ 2,031.21 Mason County Treasurer Posting Error $ 678.18 Bayshore Inc Posting Error $ 264.13 Mason County Treasurer Posting Error $ 183.31 Mason County Treasurer Posting Error $ 1,627.90 Timothy Jr& Brittany I Diggle Segregation $ 10.93 Mason County Treasurer Segregation $ 308.76 Mason County Treasurer Segregation $ 1,140.35 Mason County Treasurer Segregation $ 231.66 Jeff Carey Segregation $ 32.09 Jeff Carey Segregation Jeff Carey Segregation $ 13.63 Jeff Carey Segregation $ 13.68 Jeff Carey Segregation $ 13.63 Jeff Carey Segregation $ 13.63 Mason County Treasurer Segregation for deferral $ 1,684.12 Colin J & Darlene J Robinson Senior Exemption $ 933.95 NCCI & Harvey's Concrete Pumping Senior Exemption $ 599.73 Veronica A & Larry S Luckman Senior Exemption $ 1,267.00 $ 1,284.66 Corelogic Tax Service Senior Exemption $ 668.32 Gayle Mican Senior Exemption $ 277.29 Howard A & Beverly A Woodward Senior Exemption $ 5,640.75 $ 844.12 Joanne L &Timothy Wicklund Senior Exemption $ 1,892.81 Unterbrink, Ralph & Denise Senior Exemption $ 935.00 Lereta, LLC Senior Exemption $ 1,158.48 Wells Fargo Tax Service Senior Exemption $ 2,388.15 Mason County Treasurer Senior Exemption $ 357.13 Mason County Treasurer Senior Exemption $ 1,612.02 Corelogic Tax Service Senior Exemption $ 856.68 Corelogic Tax Service Senior Exemption $ 1,429.97 Corelogic Tax Service Senior Exemption $ 1,598.59 Ann Marie Genovese Senior Exemption $ 918.05 Patricia L Sparks Senior Exemption $ 1,034.64 Michael Glisky Senior Exemption $ 1,673.35 Mary M & Ronald E Richter Senior Exemption $ 6,765.75 $ 1,350.40 Steven Dudics Jr Senior Exemption $ 984.55 $ 17.90 Terry R Graves DBA Raven Mt. Woodworks Senior Exemption $ 1,518.72 $ 373.68 Gary D Williams Senior Exemption $ 2,407.42 $ 324.98 Rosale R Fleek & Eric W Thun Senior Exemption $ 1,637.57 Lereta, LLC Senior Exemption $ 2,870.56 Corelogic Tax Service Senior Exemption $ 4,033.93 Anthony Cappell Senior Exemption $ 780.53 Lereta, LLC Senior Exemption $ 10,916.33 Corelogic Tax Service Senior Exemption $ 3,483.60 Corelogic Tax Service Senior Exemption $ 4,155.91 Michael L Skipworth Senior Exemption $ 1,564.90 Shelly G Boyer Wells Fargo Tax Service Senior Exemption $ 1,183.96 Joseph E &Shirley J Zimny Senior Exemption $ 602.83 William J Boyd Senior Exemption $ 2,436.86 Garnet E Lemon Senior Exemption $ 125.15 Rachael Williams Senior Exemption $ 684.28 Peggy Graham Rundberg Rev Trust Senior Exemption $ 3,627.59 Janice G Reed Senior Exemption $ 7,128.73 Louise L & Jennifer Guffanti Reverse Mortgage Services Dept Senior Exemption $ 4,032.76 $ 2,461.51 Corelogic Tax Service Senior Exemption $ 159.64 Corelogic Tax Service Senior Exemption $ 558.23 Corelogic Tax Service Senior Exemption $ 414.07 Mason County Treasurer Senior Exemption $ 617.83 Corelogic Tax Service Senior Exemption $ 1,537.44 Corelogic Tax Service Senior Exemption $ 1,302.86 Dean Emmett Senior Exemption $ 923.01 David A &Susan K Stratton Senior Exemption $ 1,488.41 Gary &Susan Lukenbill Senior Exemption $ 122.29 Corelogic Tax Service Senior Exemption $ 122.69 Lereta, LLC Senior Exemption $ 569.77 Ticor Title Company Senior Exemption $ 154.75 Lucille M & Lee F Chapman Senior Exemption $ 98.25 Mary M Ravanal Senior Exemption $. 6,793.09 Corelogic Tax Service Senior Exemption $ 195.83 Lereta, LLC Senior Exemption $ 475.77 Austin, Eugene C & Lay Hoon Lereta, LLC Senior Exemption $ 6,591.27 Larry K Johnson Senior Exemption $ 935.34 Betty A Langstraat Senior Exemption $ 1,495.30 Annette Churbuck Senior Exemption $ 830.82 Thomas V & Paula J Yocum Senior Exemption $ 490.47 Marc J Fjermedal Senior Exemption $ 72.97 Cheryl McCrum Senior Exemption $ 122.50 Corelogic Tax Service Senior Exemption $ 804.00 Henry D'Alelio Senior Exemption $ 594.67 Norman C &Anita L Cook Senior Exemption $ 902.25 John R &Susan C Keister Senior Exemption $ 533.35 Carolyn M Ragan Senior Exemption $ 1,330.20 Kathlyn K Benham Senior Exemption $ 600.68 Craig B & Linda M McCollom Senior Exemption $ 452.87 Corelogic Tax Service Senior Exemption $ 108.55 Marian H Hout & Kathleen M Eamon Senior Exemption $ 1,655.91 Lawrence T Leak Senior Exemption $ 273.72 Reda J & Bill L Keller Senior Exemption $ 70.22 Donna E Blankenship Senior Exemption $ 1,081.41 Sharon Lumbert Senior Exemption $ 560.58 William Stackpole Senior Exemption $ 132.54 Neil Brian & Clara May Burkel Senior Exemption $ 847.64 Debra L Moses Senior Exemption $ 946.73 $ 277.25 Covius Mortgage Solutions Senior Exemption $ 344.12 Corelogic Tax Service Senior Exemption $ 126.44 Marian L Barrow Senior Exemption $ 167.98 Debi Wells Senior Exemption $ 724.57 Corelogic Tax Service Senior Exemption $ 723.48 Corelogic Tax Service Senior Exemption $ 392.82 Lereta, LLC Senior Exemption $ 531.52 Corelogic Tax Service Senior Exemption $ 330.24 Cenlar Senior Exemption $ 1,340.11 Patricia I Gregg Senior Exemption $ 1,368.66 Jean & Ed Reimer Senior Exemption $ 780.61 Ainsley P & John E Walden Senior Exemption $ 2,242.39 Dolores Larsen Senior Exemption $ 1,010.47 Carmen Chalfant Senior Exemption $ 428.29 Harry Robbins Senior Exemption $ 2,215.01 Gary & Margaret Lynema Senior Exemption $ 3,333.85 Larry Johnson Senior Exemption $ 154.83 David T Kircher Senior Exemption $ 2,652.82 Corelogic Tax Service Senior Exemption $ 1,152.81 Corelogic Tax Service Senior Exemption $ 913.64 Wells Fargo Tax Service Senior Exemption $ 790.92 Jill S Waters Corelogic Tax Service Senior Exemption $ 1,422.91 Corelogic Tax Service Senior Exemption $ 6,128.17 Corelogic Tax Service Senior Exemption $ 907.00 Corelogic Tax Service Senior Exemption $ 2,375.24 Lereta, LLC Senior Exemption $ 4,281.45 Steve D Settle Amrock, LLC Senior Exemption $ 965.94 Olympic Title Senior Exemption $ 273.92 Ron Martin Diana L Scully & Karen J Bissett Senior Exemption $ 1,676.58 Deborah & Larry Genschorck Senior Exemption $ 2,370.61 Constance Palmer & Vanessa Penaherrera Senior Exemption $ 1,546.84 Randy & Cathy Calm Phoenix Design South Senior Exemption $ 2,600.25 Sheran E Sugimoto-Bullock Senior Exemption $ 2,260.35 Lynn H Gray Senior Exemption $ 2,391.46 Karen & Charles Herrick Senior Exemption $ 1,570.72 David & Larena Howe Senior Exemption $ 1,642.49 Joan Detrick Senior Exemption $ 458.82 Patricia A Neely & Heidi M Angelikis Senior Exemption $ 2,139.21 James Humphrey Senior Exemption $ 5,216.50 Katherine Dahlin Taxes Paid Twice $ 1,205.58 Maria Luz Christen Taxes Paid Twice $ 1,954.69 Mason County Treasurer ITaxes Paid Twice $ 2,754.86 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda x Public Hearing Other DEPARTMENT: Community Services-Emergency EXT: 404 Preparedness DATE: 1/19/21 Agenda Item # .�2 Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item Updated Interlocal Agreements between Mason County Public Health and 7 County School Districts to facilitate the provision of school facilities in the event of an emergency/disaster. We are now scheduling Mass Immunization Clinics for COVID and need to accelerate these agreements. Background: Since 2005 Public Health has had an interlocal agreement that allows use of school facilities in the event of emergencies. They expire every 5 years, and this will be our 4th renewal. The renewal process was begun in 2020, but not completed due to COVID priorities. Budget Impacts• None Recommended Action: Approve and sign the updated Interlocal Agreements with the 7 Mason County School Districts — Shelton, North Mason, Grapeview, South Side, Pioneer, Mary M. Knight, and Hood Canal. Attachment(s)• Interlocal Agreements for Shelton, North Mason, Grapeview, South Side, Pioneer, Mary M. Knight, and Hood Canal School Districts. INTERLOCAL AGREEMENT Between South Side School District And Mason County Community Services-Public Health Concerning USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES 1. Purpose: This agreement is made and entered into between the South Side School District in (Shelton, WA and Mason County) and Mason County Community Services - Public Health (hereafter MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals and families in the event of an emergency/disaster. The Superintendent or designee of the South Side School District is authorized to permit MCCS-PH to use its facilities and desires to participate with MCCS-PH for emergency/disaster related purposes. 2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated above. The parties agree: a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its facilities without charge for all services reasonably related to emergency/disaster activities including but not limited to mass vaccinations, medication disbursal, alternative health care, etc. for victims of disaster/emergency, if practical. b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts' facilities and further agrees to assist with replacement or reimbursement to the District for any foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS- PH will also restore the used premises to a condition reasonably like the condition prior to use by MCCS-PH. c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final cleaning following the use and vacating of the facilities. This applies to the areas within the used facility during the disaster/emergency. d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold harmless, and indemnify each other against any legal liability with respect to bodily injury, death, and property damage, arising from negligence or intentional acts of either party during the use of the property belonging to the District. It is understood and agreed that this agreement is for the sole benefit of the parties and gives no right to any other party. No joint venture or partnership is formed by this agreement. e) This agreement shall be valid for five (5) years from the signature date below, unless modified in writing by the parties. f) No portion of this contract may be assigned, delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the other party. g) Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties, and effective on the latter date of execution by the respective parties. h) In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this agreement, the venue of such action or litigation shall be in the courts of the State of Washington in and for the County of Mason. This agreement shall be governed by the laws of the State of Washington. Except as stated herein, each party shall be responsible for its own attorneys' fees. i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding privacy of medical information. Page 1 of 2 j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part whenever MCCS-PH or the District determines that such termination or suspension is in the interests of either party. Termination or suspension of this agreement at any time during the term, whether for default or convenience, shall not constitute a breach of this agreement by MCCS-PH or the District. This agreement may be reactivated in whole or in part following suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said reactivation becoming effective ten (10) days following mailing. k) If any term or condition of this agreement 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. 1) 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 instrument, in writing, signed by the parties hereto. m) This written agreement represents the entire agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. n) This agreement does not supersede any other agreements that the District may have with other organizations or partners. In witness whereof, the Superintendent of South Side School District and the Director of MCCS-PH have caused this agreement to be executed. This agreement is effective and operative upon the fixing of the last signature hereto. BOARD OF COUNTY COMMISSIONERS MASON COUNTY Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Prosecuting Attorney Sharon Trask, Commissioner ATTEST: SOUTH SIDE SCHOOL DISTRICT McKenzie Smith, Clerk of the Board Superintendent Effective Date: Page 2 of 2 INTERLOCAL AGREEMENT Between North Mason School District And Mason County Community Services-Public Health Concerning USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES 1. Purpose: This agreement is made and entered into between the North Mason School District in (Belfair, WA and Mason County) and Mason County Community Services - Public Health (hereafter MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals and families in the event of an emergency/disaster. The Superintendent or designee of the North Mason School District is authorized to permit MCCS-PH to use its facilities and desires to participate with MCCS-PH for emergency/disaster related purposes. 2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated above. The parties agree: a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its facilities without charge for all services reasonably related to emergency/disaster activities including but not limited to mass vaccinations, medication disbursal, alternative health care, etc. for victims of disaster/emergency, if practical. b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts' facilities and further agrees to assist with replacement or reimbursement to the District for any foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS- PH will also restore the used premises to a condition reasonably like the condition prior to use by MCCS-PH. c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final cleaning following the use and vacating of the facilities. This applies to the areas within the used facility during the disaster/emergency. d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold harmless, and indemnify each other against any legal liability with respect to bodily injury, death, and property damage, arising from negligence or intentional acts of either party during the use of the property belonging to the District. It is understood and agreed that this agreement is for the sole benefit of the parties and gives no right to any other party. No joint venture or partnership is formed by this agreement. e) This agreement shall be valid for five (5) years from the signature date below, unless modified in writing by the parties. f) No portion of this contract may be assigned, delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the other party. g) Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties, and effective on the latter date of execution by the respective parties. h) In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this agreement, the venue of such action or litigation shall be in the courts of the State of Washington in and for the County of Mason. This agreement shall be governed by the laws of the State of Washington. Except as stated herein, each party shall be responsible for its own attorneys' fees. i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding privacy of medical information. Page 1 of 2 j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part whenever MCCS-PH or the District determines that such termination or suspension is in the interests of either party. Termination or suspension of this agreement at any time during the term, whether for default or convenience, shall not constitute a breach of this agreement by MCCS-PH or the District. This agreement may be reactivated in whole or in part following suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said reactivation becoming effective ten (10) days following mailing. k) If any term or condition of this agreement 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. 1) 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 instrument, in writing, signed by the parties hereto. m) This written agreement represents the entire agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. n) This agreement does not supersede any other agreements that the District may have with other organizations or partners. In witness whereof, the Superintendent of North Mason School District and the Director of MCCS-PH have caused this agreement to be executed. This agreement is effective and operative upon the fixing of the last signature hereto. BOARD OF COUNTY COMMISSIONERS MASON COUNTY Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Prosecuting Attorney Sharon Trask, Commissioner ATTEST: NORTH MASON SCHOOL DISTRICT McKenzie Smith, Clerk of the Board Superintendent Effective Date: Page 2 of 2 Memorandum of Understanding Between Shelton School District And Mason County Community Services-Public Health Concerning USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES 1. Purpose: This agreement is made and entered into between the Shelton School District in (Shelton, WA and Mason County) and Mason County Community Services - Public Health (hereafter MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals and families in the event of an emergency/disaster. The Superintendent or designee of the Shelton School District is authorized to permit MCCS-PH to use its facilities and desires to participate with MCCS-PH for emergency/disaster related purposes. 2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated above. The parties agree: a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its facilities without charge for all services reasonably related to emergency/disaster activities including but not limited to mass vaccinations, medication disbursal, alternative health care, etc. for victims of disaster/emergency, if practical. b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts' facilities and further agrees to assist with replacement or reimbursement to the District for any foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS- PH will also restore the used premises to a condition reasonably like the condition prior to use by MCCS-PH. c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final cleaning following the use and vacating of the facilities. This applies to the areas within the used facility during the disaster/emergency. d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold harmless, and indemnify each other against any legal liability with respect to bodily injury, death, and property damage, arising from negligence or intentional acts of either party during the use of the property belonging to the District. It is understood and agreed that this agreement is for the sole benefit of the parties and gives no right to any other party. No joint venture or partnership is formed by this agreement. e) This agreement shall be valid for five (5) years from the signature date below, unless modified in writing by the parties. f) No portion of this contract may be assigned, delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the other party. g) Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties, and effective on the latter date of execution by the respective parties. h) In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this agreement, the venue of such action or litigation shall be in the courts of the State of Washington in and for the County of Mason. This agreement shall be governed by the laws of the State of Washington. Except as stated herein, each party shall be responsible for its own attorneys' fees. i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding privacy of medical information. Page 1 of 2 j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part whenever MCCS-PH or the District determines that such termination or suspension is in the interests of either party. Termination or suspension of this agreement at any time during the term, whether for default or convenience, shall not constitute a breach of this agreement by MCCS-PH or the District. This agreement may be reactivated in whole or in part following suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said reactivation becoming effective ten (10) days following mailing. k) If any term or condition of this agreement 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. 1) 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 instrument, in writing, signed by the parties hereto. m) This written agreement represents the entire agreement between the parties.and supersedes any prior oral statements, discussions, or understandings between the parties. n) This agreement does not supersede any other agreements that the District may have with other organizations or partners. In witness whereof, the Superintendent of Shelton School District and the Director of MCCS-PH have caused this agreement to be executed. This agreement is effective and operative upon the fixing of the last signature hereto. BOARD OF COUNTY COMMISSIONERS MASON COUNTY Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Prosecuting Attorney Sharon Trask, Commissioner ATTEST: SHELTON SCHOOL DISTRICT McKenzie Smith, Clerk of the Board Superintendent Effective Date: Page 2 of 2 INTERLOCAL AGREEMENT Between Pioneer School District And Mason County Community Services-Public Health Concerning USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES 1. Purpose: This agreement is made and entered into between the Pioneer School District in (Shelton, WA and Mason County) and Mason County Community Services - Public Health (hereafter MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals and families in the event of an emergency/disaster. The Superintendent or designee of the Pioneer School District is authorized to permit MCCS-PH to use its facilities and desires to participate with MCCS-PH for emergency/disaster related purposes. 2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated above. The parties agree: a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its facilities without charge for all services reasonably related to emergency/disaster activities including but not limited to mass vaccinations, medication disbursal, alternative health care, etc. for victims of disaster/emergency, if practical. b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts' facilities and further agrees to assist with replacement or reimbursement to the District for any foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS- PH will also restore the used premises to a condition reasonably like the condition prior to use by MCCS-PH. c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final cleaning following the use and vacating of the facilities. This applies to the areas within the used facility during the disaster/emergency. d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold harmless, and indemnify each other against any legal liability with respect to bodily injury, death, and property damage, arising from negligence or intentional acts of either party during the use of the property belonging to the District. It is understood and agreed that this agreement is for the sole benefit of the parties and gives no right to any other party. No joint venture or partnership is formed by this agreement. e) This agreement shall be valid for five (5) years from the signature date below, unless modified in writing by the parties. f) No portion of this contract may be assigned, delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the other party. g) Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties, and effective on the latter date of execution by the respective parties. h) In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this agreement, the venue of such action or litigation shall be in the courts of the State of Washington in and for the County of Mason. This agreement shall be governed by the laws of the State of Washington. Except as stated herein, each party shall be responsible for its own attorneys' fees. i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding privacy of medical information. Page 1 of 2 j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part whenever MCCS-PH or the District determines that such termination or suspension is in the interests of either party. Termination or suspension of this agreement at any time during the term, whether for default or convenience, shall not constitute a breach of this agreement by MCCS-PH or the District. This agreement may be reactivated in whole or in part following suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said reactivation becoming effective ten (10) days following mailing. k) If any term or condition of this agreement 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. 1) 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 instrument, in writing, signed by the parties hereto. m) This written agreement represents the entire agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. n) This agreement does not supersede any other agreements that the District may have with other organizations or partners. In witness whereof, the Superintendent of Pioneer School District and the Director of MCCS-PH have caused this agreement to be executed. This agreement is effective and operative upon the fixing of the last signature hereto. BOARD OF COUNTY COMMISSIONERS MASON COUNTY Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Prosecuting Attorney Sharon Trask, Commissioner ATTEST: PIONEER SCHOOL DISTRICT McKenzie Smith, Clerk of the Board Superintendent Effective Date: Page 2 of 2 Memorandum of Understanding Between Mary M Knight School District And Mason County Community Services-Public Health Concerning USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES 1. Purpose: This agreement is made and entered into between the Mary M Knight School District in (Elma, WA and Mason County) and Mason County Community Services - Public Health (hereafter MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals and families in the event of an emergency/disaster. The Superintendent or designee of the Mary M Knight School District is authorized to permit MCCS-PH to use its facilities and desires to participate with MCCS-PH for emergency/disaster related purposes. 2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated above. The parties agree: a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its facilities without charge for all services reasonably related to emergency/disaster activities including but not limited to mass vaccinations, medication disbursal, alternative health care, etc. for victims of disaster/emergency, if practical. b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts' facilities and further agrees to assist with replacement or reimbursement to the District for any foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS- PH will also restore the used premises to a condition reasonably like the condition prior to use by MCCS-PH. c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final cleaning following the use and vacating of the facilities. This applies to the areas within the used facility during the disaster/emergency. d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold harmless, and indemnify each other against any legal liability with respect to bodily injury, death, and Property damage, arising from negligence or intentional acts of either party during the use of the property belonging to the District. It is understood and agreed that this agreement'!is for the sole benefit of the parties and gives no right to any other party. No joint venture or partnership is formed by this agreement. e) This agreement shall be valid for five (5) years from the signature date below, unless modified in writing by the parties. f) No portion of this contract may be assigned, delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the other party. g) Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties, and effective on the latter date of execution by the respective parties. h) In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this agreement, the venue of such action or litigation shall be in the courts of the State of Washington in and for the County of Mason. This agreement shall be governed by the laws of the State of Washington. Except as stated herein, each party shall be responsible for its own attorneys' fees. i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding privacy of medical information. Page 1 of 2 j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part whenever MCCS-PH or the District determines that such termination or suspension is in the interests of either party. Termination or suspension of this agreement at any time during the term, whether for default or convenience, shall not constitute a breach of this agreement by MCCS-PH or the District. This agreement may be reactivated in whole or in part following suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said reactivation becoming effective ten (10) days following mailing. k) If any term or condition of this agreement 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. 1) 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 instrument, in writing, signed by the parties hereto. m) This written agreement represents the entire agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. n) This agreement does not supersede any other agreements that the District may have with other organizations or partners. In witness whereof, the Superintendent of Mary M Knight School District and the Director of MCCS- PH have caused this agreement to be executed. This agreement is effective and operative upon the fixing of the last signature hereto. BOARD OF COUNTY COMMISSIONERS MASON COUNTY Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Prosecuting Attorney Sharon Trask, Commissioner ATTEST: MARY M. KNIGHT SCHOOL DISTRICT McKenzie Smith, Clerk of the Board Superintendent Effective Date: Page 2 of 2 Memorandum of Understanding Between Hood Canal School District And Mason County Community Services-Public Health Concerning USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES 1. Purpose: This agreement is made and entered into between the Hood Canal School District in (Shelton, WA and Mason County) and Mason County Community Services - Public Health (hereafter MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals and families in the event of an emergency/disaster. The Superintendent or designee of the Hood Canal School District is authorized to permit MCCS-PH to use its facilities and desires to participate with MCCS-PH for emergency/disaster related purposes. 2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated above. The parties agree: a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its facilities without charge for all services reasonably related to emergency/disaster activities including but not limited to mass vaccinations, medication disbursal, alternative health care, etc. for victims of disaster/emergency, if practical. b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts' facilities and further agrees to assist with replacement or reimbursement to the District for any foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS- PH will also restore the used premises to a condition reasonably like the condition prior to use by MCCS-PH. c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final cleaning following the use and vacating of the facilities. This applies to the areas within the used facility during the disaster/emergency. d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold harmless, and indemnify each other against any legal liability with respect to bodily injury, death, and property damage, arising from negligence or intentional acts of either party during the use of the property belonging to the District. It is understood and agreed that this agreement is for the sole benefit of the parties and gives no right to any other party. No joint venture or partnership is formed by this agreement. e) This agreement shall be valid for five (5) years from the signature date below, unless modified in writing by the parties. f) No portion of this contract may be assigned, delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the other party. g) Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties, and effective on the latter date of execution by the respective parties. h) In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this agreement, the venue of such action or litigation shall be in the courts of the State of Washington in and for the County of Mason. This agreement shall be governed by the laws of the State of Washington. Except as stated herein, each party shall be responsible for its own attorneys' fees. i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding privacy of medical information. Page 1 of 2 j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part whenever MCCS-PH or the District determines that such termination or suspension is in the interests of either party. Termination or suspension of this agreement at any time during the term, whether for default or convenience, shall not constitute a breach of this agreement by MCCS-PH or the District. This agreement may be reactivated in whole or in part following suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said reactivation becoming effective ten (10) days following mailing. k) If any term or condition of this agreement 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. 1) 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 instrument, in writing, signed by the parties hereto. m) This written agreement represents the entire agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. n) This agreement does not supersede any other agreements that the District may have with other organizations or partners. In witness whereof, the Superintendent of Hood Canal School District and the Director of MCCS-PH have caused this agreement to be executed. This agreement is effective and operative upon the fixing of the last signature hereto. BOARD OF COUNTY COMMISSIONERS MASON COUNTY Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Prosecuting Attorney Sharon Trask, Commissioner ATTEST: HOOD CANAL SCHOOL DISTRICT McKenzie Smith, Clerk of the Board Superintendent Effective Date: Page 2 of 2 Memorandum of Understanding Between Grapeview School District And Mason County Community Services-Public Health Concerning USE OF FACILITIES DURING PUBLIC HEALTH DISASTERS/EMERGENCIES 1. Purpose: This agreement is made and entered into between the Grapeview School District in (Grapeview, WA and Mason County) and Mason County Community Services - Public Health (hereafter MCCS-PH). This agreement will facilitate the provision of emergency/disaster services to individuals and families in the event of an emergency/disaster. The Superintendent or designee of the Grapeview School District is authorized to permit MCCS-PH to use its facilities and desires to participate with MCCS-PH for emergency/disaster related purposes. 2. Agreement: The parties mutually desire to enter into this agreement for the purposes stated above. The parties agree: a) Upon the request of MCCS-PH, the District agrees that it will permit MCCS-PH to use its facilities without charge for all services reasonably related to emergency/disaster activities including but not limited to mass vaccinations, medication disbursal, alternative health care, etc. for victims of disaster/emergency, if practical. b) MCCS-PH agrees to exercise reasonable care in the conduct of its activities in the Districts' facilities and further agrees to assist with replacement or reimbursement to the District for any foods or supplies used by MCCS-PH in the conduct of its activities in these facilities. MCCS- PH will also restore the used premises to a condition reasonably like the condition prior to use by MCCS-PH. c) MCCS-PH agrees to provide cleaning services while occupying the facilities and a final cleaning following the use and vacating of the facilities. This applies to the areas within the used facility during the disaster/emergency. d) Notwithstanding any other agreements, MCCS-PH and the District agree to defend, hold harmless, and indemnify each other against any legal liability with respect to bodily injury, death, and property damage, arising from negligence or intentional acts of either party during the use of the property belonging to the District. It is understood and agreed that this agreement is for the sole benefit of the parties and gives no right to any other party. No joint venture or partnership is formed by this agreement. e) This agreement shall be valid for five (5) years from the signature date below, unless modified in writing by the parties. f) No portion of this contract may be assigned, delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the other party. g) Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties, and effective on the latter date of execution by the respective parties. h) In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this agreement, the venue of such action or litigation shall be in the courts of the State of Washington in and for the County of Mason. This agreement shall be governed by the laws of the State of Washington. Except as stated herein, each party shall be responsible for its own attorneys' fees. i) To the extent applicable, both parties shall comply with any state and/or federal laws regarding privacy of medical information. Page 1 of 2 j) MCCS-PH or the District may terminate or suspend this agreement in whole or in part whenever MCCS-PH or the District determines that such termination or suspension is in the interests of either party. Termination or suspension of this agreement at any time during the term, whether for default or convenience, shall not constitute a breach of this agreement by MCCS-PH or the District. This agreement may be reactivated in whole or in part following suspension upon depositing written notice of reactivation to the District in the U.S. Mail, said reactivation becoming effective ten (10) days following mailing. k) If any term or condition of this agreement 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. 1) 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 instrument, in writing, signed by the parties hereto. m) This written agreement represents the entire.agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. n) This agreement does not supersede any other agreements that the District may have with other organizations or partners. In witness whereof, the Superintendent of Grapeview School District and the Director of MCCS-PH have caused this agreement to be executed. This agreement is effective and operative upon the fixing of the last signature hereto. BOARD OF COUNTY COMMISSIONERS MASON COUNTY Randy Neatherlin, Chair APPROVED AS TO FORM: Kevin Shutty, Commissioner Tim Whitehead, Chief Prosecuting Attorney Sharon Trask, Commissioner ATTEST: GRAPEVIEW SCHOOL DISTRICT McKenzie Smith, Clerk of the Board Superintendent Effective Date: Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM T0: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director/Utilities &Waste Mgt Action Agenda DEPARTMENT: Public Works EXT: 652 COMMISSION MEETING DATE: January 19t', 2021 Agenda Item # g �3 BRIEFING DATE: January 4t', 2021 BRIEFING PRESENTED BY: Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Bulk Purchase of Grinder Pumps from Correct Equipment EXECUTIVE SUMMARY: Mason County has a service maintenance agreement with Correct Equipment that was approved on December 13, 2018 and extended by amendment in December 2020 to provide grinder pump system services/purchases for the North Bay and Belfair Sewer Systems. This agreement includes a sole source procurement resolution that allows the purchase of these services without proceeding to secure competitive bids, estimated at $200,000. (Res. No. 79-18, adopted November 27, 2018). Due to the age of the pumps and the limited availability of parts, many of the service problems result in the purchase of a new pumps. With a bulk purchase of 45 grinder pumps in 2020 and the continued need for Correct Equipment to continue maintenance activities under the current agreement (to not exceed the contract amount), Public Works is requesting the Board authorized the sole source purchase of another 45 grinder pumps to take advantage of the discount Correct Equipment has offered through their vendor for large orders (minimum purchase of 45). The current price of one replacement pump is $2,647.67 (includes shipping and the necessary conversion kit for a new pump). If the County purchases 45 pumps, the total cost of each pump would be $1,894.33. This is a savings of 39.8%, equal to $753.34 per pump. Cost Impact to the County Purchasing the 45 pumps at a bulk rate would be $92,284.68 and 45 pumps in any quantity less would be $129,272.33. A bulk purchase would save the County $36,781.50. The pumps would be paid for primarily out of North Bay Fund #403, with 5% out of Belfair Fund #413. As the North Bay system is older almost all of the pump replacements are on that system. We do have the money in our 2020 budget for a size of this order and based on last year we will use up the existing pump inventory by March 2021. RECOMMENDATION: Recommend the Board authorize the County to purchase 45 grinder pumps and conversion kits as a sole source purchase from Correct Equipment estimated to cost $92,500. ATTACHMENTS: 1. Sole Source Resolution 2. Sole Source Justification Form 3. Correct Equipment Quote RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SOLE SOURCE PROCURMENT FOR THE PURCHASE OF E-ONE GRINDER PUMPS FOR COUNTY MAINTAINED AND OPERATED GRINDER PUMP SYSTEMS WHEREAS, Mason County is responsible for the maintenance and operation of approximately 450 grinder pump systems for single-family residential properties that have been designated as low-pressure sewer areas that connect to either the North Bay Sewer System or the Belfair Sewer System; and WHEREAS, many of the pumps used at the North Bay Sewer System have met their maximum operational lifespan and the availability of parts for these older systems are limited. WHEREAS,the County has been upgrading the older pumps to the newer E-One pump, given that they are the only pumps that fit the size of the older tanks; and WHEREAS,the County currently has a maintenance services agreement with Correct Equipment, which are the only licensed supplier of the E-One Pumps in Washington State to provide the replacement parts and pumps that meet our specifications. WHEREAS, RCW 39.04.280(1) (a) specifies exemption to competitive bidding if the purchase is clearly and legitimately limited to a single source supplier; .NOW,THEREFORE, BE IT RESOLVED, by the Board of Mason County Commissioners as follows: 1. Correction Equipment is a sole source supplier of the E-one grinder pumps that are used at the North Bay Sewer and Belfair Sewer Systems. 2. That the County is authorized to purchase (45) E-One Grinder Pumps without proceeding to secure competitive bids, estimated at$93,000. ADOPTED this day of , 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board Kevin Shutty, Vice Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Ch. DPA MASON COUNTY g M� SOLE SOURCE JUSTIFICATION FORM °� �' s >7 O T 2 rye NY y zesa, Date: January4, 2021 " Department: Public Works Department Contact: Richard Dickinson, Ext. 652 Recommended Vendor: Correct Equipment Address: 14576 NE 95th Street, Redmond,WA 98052 Phone: 877.371.4555 Cost Estimate: $92,500. Describe the item requested and its function: E-One Grinder Pumps and Conversion Kits 1. Check the reasons for the sole source request: ® Sole Source: No other items are known to exist which performs the same function ❑ Special Design: Item is of specific design to fit in with an existing installation ❑ Consultant: Providing professional or technical expertise of a unique nature or location availability ❑ Proprietary: Item is held under exclusive title,trademark or copyright ® Warranty Service:The vendor is the sole provider of goods and services which the County has established a standard. ❑ Used item: 3. Is this product available from other sources? ❑Yes ® No 4. What necessary features does the vendor provide which are not available from other vendors? Correct Equipment is the only licensed supplier of the specific pumps that the County must use because of the size of the sewer tanks. 5. Can your requirements be modified so that competitive products or services may be used? ❑ Yes ® No If yes, please explain modifications and potential costs: 6. How does the recommended vendor's prices or fees compare to the general market?The vendor's price is reasonable and discounted for buying in bulk. 7. What steps were taken to verify that these features were not available elsewhere? ❑ Other brands manufactures were examined. Provide a list of phone numbers and names and explain why these did not meet the requirement: ❑ Other vendors were contacted but did not meet the requirements. Provide a list of companies and phone numbers and why they did not meet the requirements: ® Other, please explain: These pumps are the only ones that fit the older tanks,which have the older version of the new E-One pumps. My department's recommendation for sole source is based upon an objective review of the product/service required and appears to be in the best interest of the County. I know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities,favors or compromising action have taken place. Neither has my personal familiarity with particular brands,types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers to exist. Elected Official or Director Signature for Approval: Date: Quote - correct 86/6 � . Date; "1", -, ' Cuote# 14576 NE 95th St 11/6/2020 4947 Redmond,WA 98052 877-371-4555 3 .dre "�; �e°' ✓uP : 4 d ,.Kam- Yi"% Te + �.1✓ ,.A;:;, Mason Co.Util.&Waste Manage 100 West Public Works Drive Shelton,WA 98584 1 m t F xr r A 3 1 R ems, t�'i s � Y NET 30 Days HT IteIll �t �DCSCrtptt©t3 L'gSt� * Oat El D200AOIAOIAA Part#D200AOIAOIAA 45 1,879.00 84,555.00T 240 Volt Model Wired Pressure Switch Level Sensing 7' Core Cable Candy Cane Discharge. No Tank-Core only Freight Freight Estunate(prepay;and add) ****Freight is ori'ly 1 SOO.0 SOO.00T Estimated and"will be adjtisted upon delivery "Please note: Yoiir freight"charge",may differ from the"freight estunated Mason County 8.50% 7,229.68�� Total $92,284.68 Toll Free:877-371-4555 www.correctequipment.com Fax:425-869-1033 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: McKenzie Smith Action Agenda: X Public Hearing: Other Department: Support Services Ext: 589 Commission Meeting Date: January 19, 2021 Agenda Item #8,�IV (Commissioner staff to complete) Briefing Date: Briefing Presented By: [ X ] Item was not previously briefed by the board Please provide explanation of urgency Item: Approval for the Board of County Commissioners to sign the letter to the Governor regarding adjusting the guidelines for school district funding formulas that were implemented prior to COVID- 19. Background: This letter was developed with a focus on two mitigations: (1) freeze school funding based on attendance formulas at pre-COVID levels until pandemic is contained and (2) consider transfer of some transportation funds determined by the October 2020 bus riding census— no students — by miles of transport into resources for broader emergency internet access. Recommended Action: Approval for the Board of County Commissioners to sign the letter to the Governor regarding adjusting the guidelines for school district funding formulas that were implemented prior to COVID- 19. Attachment(s): Letter Agenda Summary 1/14/2021 6�N co �� ap January 12, 2021 — Governor Jay Inslee -= Office of the Governor 7854 PO Box 40002 Olympia,WA 98504-0002 MASON COUNTY Dear Governor Inslee, BOARD OF Thank you for your science-based informed leadership during the pandemic. We COMMISSIONERS appreciate the changing nature of the science and subsequent restrictions. Many of us feel fortunate to live in Washington State where science is followed,while still trying to adjust schools, employment and economics for the necessary 1ST District restrictions. RANDY NEATHERLIN Our school administrators,teachers, and support staff have continued the valiant 2"d District effort demonstrated in other sectors including Healthcare, Law Enforcement, First KEVIN SHUTTY Responders and food delivery. We believe that to fully carry out the Covid-19 public health recommendations,we need to develop guidelines that do not 3`1 District punish the schools with funding.formulas implemented prior to Covid-19. We SHARON TRASK need to recognize that as in health care,schools now have many new additional tasks and costs to provide the educational services once delivered face to face. National student attendance reports indicate many students have "dropped off Mason County Building 1 the radar" completely or participate at minimal levels. Just as our WA State and 411 North Fifth Street County Public Health Covid-19 contract tracers were overwhelmed, some schools do not have the staff to try to call, email,write,or visit students that are not Shelton, WA 98584-3400 responding to usual Distance Learning protocols. (360)427-9670 ext.419 If we had an avalanche, mud slide, or earthquake that buried a city in Washington we would have a declared emergency and receive outside resources to extract (360)275-4467 ext.419 victims ASAP. We currently have many students missing or not accounted for in education,which may signal multiple family and student stressors. We believe (360)482-5269 ext.419 some schools need additional resources such as a social outreach team to track and search for the missing students. Student absence during a Pandemic is an Fax(360)427-8437 additional developing emergency. Internet connectivity is a limiting factor necessary for our recovery in all sectors . and is the most essential missing link for rural Washington schools and families. .Possible mitigations could include continuing with the allocation of School District Transportation and other funding based on October 2019 enrollment. Bus transportation helped connect students with teachers before the Covid restrictions. Since ridership is reduced due to Covid-19, potential school funding based on existing formulas could be reduced. During Covid-19, Internet access has been the primary method to connect students and teachers. Schools and other entities are currently funding Wi-Fi hot spots and data plans for rural students where there is minimal service. It is not the responsibility of schools to pay for implementation of the communication system necessary for pandemic educational mitigation just as it's not their responsibility to maintain roads and bridges so students may be transported to schools. We would propose designating prior funding for bus transportation to internet access helping students connect with educators. Rural school teachers and administration are stretched to provide distance learning education and meet all the Covid-19 guidelines. Some schools need a social-outreach team of three including one in school contact tracer and two persons making home-porch visits. This team could temporarily help to bridge the gap between the educator and students. In summary, if given the opportunity,we can do more to support students and educators while still adjusting to the Covid-19 guidelines. As always, please feel free to reach out as we look forward to being part of the team to reduce barriers to education. Sincerely, Randy Neatherlin,Chair Kevin Shutty,Vice Chair Sharon Trask,Commissioner CC: Congressman Derek Kilmer Senator Any Billig Senator John Braun Representative Laurie Jinkins Representative JT Wilcox Senator Tim Sheldon, 35th District Representative Drew MacEwen, 35th District Representative Dan Griffey, 35th District Superintendent Chris Reykdal,OSPI MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Community Dev't Adm. Action Agenda'❑ Josh Luck, Lead Building Inspector Public Hearing X Other ❑ Department: Community Services Ext: 286 Date: January 19, 2020 Agenda Item # (Commissioner Staff To Complete) Briefing Date: January 5, 2021 and January 11, 2021 Briefing Presented By: Kell Rowen &Josh Luck [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: A Public Hearing to approve the adoption of the 2018 building codes as required by RCW 19.27 along with updating code references to Title 14.20 (Manufactured Home Installation) and Title 14.30 (Park Trailer/Recreational Park Trailer Installation for Park Trailers/Recreational Park Trails)to reflect installation code requirements updated by Labor and industries (L&I). BACKGROUND: Mason County is proposing amendments to the Mason County Code Title 14, in compliance with State Building Code updates (2018 Code Adoption). RECOMMENDED ACTION: Approval of the proposed amendments to Title 14 consistent with the 2018 building codes as directed by the Washington State Building Code Council and RCW 19.27.to become effective immediately on a voluntary basis and mandatorily effective on July 1, 2021. ATTACHMENT(S): Ordinance Attachment A 1/13/2021 Ordinance No. AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON AMENDING THE COUNTY CODE OF MASON COUNTY, TITLE 14, BUILDINGS AND CONSTRUCTION BY REPEALING EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNATIONAL CODES AS ADOPTED AND AMENDED BY THE STATE OF WASHINGTON. WHEREAS, the State of Washington requires counties and cities to enact building codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulations of building and building construction by Mason County(the"County") is necessary to protect the public health and welfare; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS of the County desires to protect the safety and welfare of the citizens of the County through regulation of construction activities and maintenance of buildings in the County; and WHEREAS, the County has previously adopted multiple international codes; and WHEREAS, more recent international codes have been adopted by the State of Washington; and WHEREAS, the State of Washington has ordained in Washington Administrative Code (WAC), Chapter 51 that the 2018 Edition of the State Building Code shall become effective in all counties and cities of the state on July 1, 2021; and WHEREAS, the County is required by Revised Code of Washington (RCW), Section 19.27 to adopt these State of Washington Building Codes; and WHEREAS, County staff has undertaken a review of the newly adopted international codes as compared to the County's existing codes; and WHEREAS, County staff recommends adopting the international codes provided for herein; and WHEREAS, County staff presented the international codes provided for herein along with their amendments to the County BOARD OF COUNTY COMMISSIONERS; and WHEREAS, the Mason County BOARD OF COUNTY COMMISSIONERS conducted a public hearing regarding Mason County Title 14 on January 5, 2021; and WHEREAS, the Mason County BOARD OF COUNTY COMMISSIONERS continued the public hearing regarding Mason County Title 14 to January 19, 2021 to allow for additional amendments; and WHEREAS, the Mason County BOARD OF-GOUN-T-Y-C-OMMISS-IONERS-wants it known-that it is not required to wait until the effective date to submit plans designed under the amended codes; and WHEREAS, the BOARD OF COUNTY COMMISSIONERS will provide for approval of the provisions regulating construction through use of these State adopted Codes set forth herein at the BOARD OF COUNTY COMMISSIONERS meeting on January 19, 2021; and NOW,THEREFORE, IT IS HEREBY ORDAINED that effective July 1, 2021 that the following sections and subsections of Chapters 14.04, 14.08, 14.16, 14.17, 14.18, 14.20, 14.25, 14.30, 14.40 and 14.44 within the Mason County Code be amended and adopted as shown on Attachment A. Dated this day of January 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner ATTACHMENT A Title 14 - BUILDINGS AND CONSTRUCTION Chapter 14.04-STATE BUILDING CODES ADOPTED 14.04.010-State Building Codes adopted. (a) 2018 Edition of the International Building Code (IBC) as published by the International Code Council (ICC) hereafter IBC including the 2018 International Existing Building Code (IEBC), adopted in accordance with Washington Administrative Code (WAC) Chapter 51-50; including IBC Sections 101 through 112 including IBC Appendix Chapters C(Agricultural Buildings), G (Flood Resistant Construction) H (Signs) and J (Grading). Excluding IBC Chapter 1,Sub-Section 101.4.3. (Plumbing); excluding Sections 113 through 116• excluding Appendix Chapter H,Section H106 (Electrical for Signs). Appendix Chapters G, and ; BuildiRg Code WAG WAC5150, , (b) 2018 Edition of the International Residential Code for One-and Two-Family Dwellings as published by the International Code Council (ICC), hereafter the IRC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-51. Excluding IRC, Chapter 11, Energy Efficiency regulations pursuant to WAC 51-11R and Chapters 25 through 43, Plumbing and Electrical Provisions regulated pursuant to WAC 51-56 and WAC 296-468.Adopting Appendix Chapters, CR (Light Straw-Clay Construction) and S (Strawbale Construction). G (Swimming peels, spas an,d hot tubs, Appendix R (DwelliR@WAit FiFe Sprinkler Systems) as'published by the I RtP-rA-;;t-*A-.R;-;[ CA-de GeuRrzil, Excluding Part IV EReFgy, Part V11 Plumbing, PaFt Vill ;-;nd n di C e Q C C H 1 1( an N n o n d 9 and adopting the oyL hin ten State T'FP�'T'r•C-h�tei'�A��L��F�;» , , , , , , q�vrtcr�-m�v�vvv�croscrrc a'� ,i��o BuildiRg Cede WAG.51 5-1. (c) 2018 Edition of the International Fire Code as published by the International Code Council (ICC), hereafter the IFC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-54.. Adopting Chapters, C (Fire Hydrant Locations and Distribution), E (Hazard Categories), F(Hazard Ranking) G (Cryogenic Fluids), H (Hazardous Materials Management Plan), I (Fire Protection Systems— Non-Compliant Conditions), and L(Requirements for Firefighter Air Replenishment Systems). GA-dP `�C§1 54. 1 ATTACHMENT A (d) 2018 Edition of the International Mechanical Code as published by the International Code Council (ICC) hereafter the IMC as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-52 including the 2018 International Fuel Gas Code 2018 National Fuel Gas Code-National Fire Protection Association (NFPA) 54 and the 2017 Liquified Petroleum Gas Code-NFPA 58. 2015 internatieRal Fuel Gas Cede,the 20-1-2 F-ad-itien ef the NatieRal Fuel Gas Cede (NPPA 54) and the Building Cod AC 51 5? (e) 2018 Edition of the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), hereafter the UPC,as adopted in accordance With Washington Administrative Code (WAC) Chapter 51-56. Excluding Chapter 1,Section 107 (Board of Appeals). ChapteFs 12 and 15. Previded fuFtheF, that these FeqWiFement�ef the UnifeFm Plumbing Code relating te venting and eambustien ;air Of fi-sel fiFed appliances as found in GhapteF 5 and these POFtiORS of the cede addressing building seweFs aFe not adopted, and adepting the WashingtoR State BuildiRg cede WAG 51 56: (f) 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings as published by the International Conference of Building Officials. Cenfer-PnGe of Building nffiGials (g) 2018 Edition of the International Energy Conservation Code as published by the International Code Council (ICC) herein after the Washington State Energy Code (WSEC)as adopted by the Washington Administrative Code (WAC) 51-11R (Residential) and 51-11C (Commercial). Chapter 14.08- BUILDING CODE AMENDMENTS 14.08.010-General. 015-2018 International Building Code (IBC) and 2015 2018 International Residential Code (IRC) are hereby amended.The amended sections shall supersede that section or table as numbered in said Building Code of Mason County.The amended sections are as follows [in this chapter]. Chapter 14.16- FIRE CODE 14.16.020-IFC Section 408109, Board of appeals. 2 ATTACHMENT A 14.16.025-IFC Section 109.3110.4,Violation—Penalties. 14.16.028-IFC Section 4444112.4, Failure to comply. Chapter 14.17-STANDARDS FOR FIRE APPARATUS ACCESS ROADS 14.17.120-Large residential developments. Where more than fifty units are designed in a residential development, either single-family, multifamily, retirement or similar,there shall be a minimum of two access points to the county road system. Such access points shall be located so as to provide for general circulation, alternate emergency vehicle access routes,through access, and general transportation design considerations. One of these access points may be for emergency vehicle use only where the number of units does not exceed one-two hundred. Design of an "emergency vehicle use only" access must be approved by the local fire district and fire marshal. 14.17.125 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: 1 Where a single gate is provided the Oate width shall be not less than 20 feet.Where a fire apparatus road consists of a divided-roadway,the gate width shall be-not less than 12 feet. 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 4 Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Methods of locking shall be submitted for approval by the fire code official. 7. Electric gate operators,where provided, shall be listed in accordance with UL 325. 8 Gates intended for automatic operation shall be designed;constructed and installed to comply with the requirements of ASTM F2200. 14.17.140-Bridges and Elevated Services. IFC 503.2.6 Where a bridge or an elevated surface is part of a fire apparatus access road,the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed load of fire apparatus.Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official.Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers approved signs or both shall be installed and'maintained when required.by the fire code officialWhen a " 'd + f' at to be ea.,.-+. „A-ed O -I r apparatus Nil! be requiFed to deteFmine the imposed lead rating feF all ef the FespeRding fiFe distFiets 3 ATTACHMENT A 14.17.150-Additional fire protection. When access roads cannot be installed to these standards due to topography, waterways, nonnegotiable grades or other similar conditions, the fire marshal is authorized to require additional fire protection or mitigation as specified (see 2019-2018 IFC 901.4:4).The fire marshal may also approve access roads which do not meet these requirements if the road provides reasonable access under the individual facts of the case. Chapter 14.20- MANUFACTURED HOUSING INSTALLATIONS 14.20.010-Definitions. Additional terms are defined in WAC 296-1SOM1501, AAM ""!.' and by this reference are included as part of this chapter. 14.20.020-General installation requirements for manufactured homes. (a) Installation of all manufactured homes shall be as provided for pursuant to WAC, Chapter 296- 1SOM1501. 14.20.070-Installation permit issuance and duration. When all county, state, and federal laws, ordinances, codes, and regulations are satisfied, an installation (building) permit will be issued to the owner or authorized agent for the owner of the manufactured home.The permit will indicate the owner's name,the contractor registration information, the location for which the installation was approved, the installation (building) permit number, and the date the installation (building) permit was issued. Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections of the 2015 2018 IRC/IBC, (Section 14.04.010) Part I Administration and Section 14.08.040 shall apply. 14.20.080-Inspection of manufactured homes. The approved site plan and other applicable instructions as referenced in Chapter 296- 1501- 0310 WAC shall also be available at this location.These shall be maintained in legible condition for compliance review by the inspector. If there are multiple installation options for support configurations,the applicant or applicant's agent shall clearly indicate which options were used for the manufactured home installation. (c) Inspections shall be required, performed and approved by Mason County Building Department personnel in accordance with WAC 296-150M 1501-0310 and manufacturer installation instructions. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. Chapter 14.25- MOBILE HOMES 4 ATTACHMENT A 14.25.070-Installation permit issuance and duration. Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections of the currently adopted 2415 IRC/IBC Section 14.04.010), Part I Administration and Section 14.08.040 shall apply. Chapter 14.30- PARK TRAILER/RECREATIONAL PARK TRAILER INSTALLATIONS FOR PARK TRAILERS/RECREATIONAL PARK TRAILERS 14.30.030-County standards for installation of recreational park trailers/park trailers. (b) If the manufacturer installation instructions are not available the owner may install the unit in accordance with installation instructions to be provided by a licensed design professional fef in accordance with WAG 296 ,50M ""..nu farztuFed hemesANSI A119.5 Section 5-8. These installation instructions must be on site for review by the building inspector. 14.30.070-Installation permit issuance and duration. (b) Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections in the 2009-currently adopted IRC/IBC Section 14.04.010), Part I Administration and Section 14.08.040 shall apply. Chapter 14.40- FACTORY-BUILT HOUSING, COMMERCIAL COACHES AND COMMERCIAL STRUCTURES 14.40.060-Installation permit issuance and duration. (b) Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable serati Rs in +he 20 5currently adopted IRC/IBC Section 14.04.010), Part I Administration and Section 14.08.040 shall apply. Chapter 14.44- EXCAVATION AND GRADING 14.44.140-Permit issuance. (c) Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable seetieRs of the 20 5currently adopted IRC/IBC Section 14.04.010), Part I Administration and Section 14.08.040 shall apply. 14.44.180-Fills. (d) Compaction. All fills shall be compacted minimum density as determined by 2015-currently adopted IBC (Section 14.04.010) and subject to all requirements held in chapters 17 and 18. 5 ATTACHMENT A 14.44.190-Setbacks. (a) General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances'measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure No.J108.1,Appendix J in the 2915 currently adopted InteFnatieRal-Buil Cede(Section 14.04.010). 6